HomeMy WebLinkAboutJune 19, 2007 Agenda
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City of Denton City Council Agenda
June 19, 2007
Page 2
1. Consider and discuss status and settlement demand in litigation styled
McFarling, et al. v. City of Denton, Cause No. 02-06-0023 8-CV, currently
pending in the Court of Appeals, Second District of Texas, Fort Worth
Division.
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 SE . (THE TEXAS OPEN MEETINGS ACT) ON ANY
ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED
MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS
OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN
MEETINGS ACT.
Regular Meeting of the City of Denton City Council on Tuesday, June 19, 2007 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. PROCLAMATIONS/PRESENTATIONS
A. Proclamations/Awards
B. June Yard-of the-Month 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. Citizens may speak on items listed on the
Consent Agenda. A Request to Speak Card should be completed and returned to the City
Secretary before Council considers the Consent Agenda. Citizen comments on Consent Agenda
items are limited to three minutes.
Listed below are bids, purchase orders, contracts, and other items to be approved under
the Consent Agenda (Agenda Items A - J). 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 - J below will be approved with one motion. If
items are pulled for separate discussion, they will be considered as the first items following
approval of the Consent Agenda.
City of Denton City Council Agenda
June 19, 2007
Page 3
A. Consider adoption of an ordinance accepting competitive bids and awarding a
two-year contract for the purchase of water and sewer parts for the City of
Denton; providing for the expenditure of funds therefor; and providing an
effective date (Bid 3730-Two-Year Contract for Water and Sewer Warehouse
Inventory awarded to the lowest responsible bidder for like items, or by section,
in the annual estimated amount of $800,000). The Public Utilities Board
recommends approval (5-0).
B. Consider adoption of an ordinance accepting competitive bids and awarding a
three-year contract for the purchase of electric meters, CTs, and meter sockets for
Denton Municipal Electric; providing for the expenditure of funds therefor; and
providing an effective date (Bid 3781-Three-Year Contract for Electric Meters,
CTs and Meter Sockets awarded to the lowest responsible bidder for each item in
the annual estimated amount of $250,000). The Public Utilities Board
recommends approval (5-0).
C. Consider adoption of an ordinance providing for the expenditure of funds for the
refurbishing and mounting of an ambulance module on a new 2008 chassis for the
Denton Fire Department in accordance with provisions of State Law exempting
such purchases from requirements for competitive bidding; and providing an
effective date (File 3 807-Emergency Purchase of Refurbishment and Mounting of
Ambulance Module on Chassis for the City of Denton Fire Department awarded
to Freeway Ford in the amount of $49,400).
D. Consider adoption of an ordinance accepting competitive bids and awarding a
public works contract for the installation of a digester cover at the City of Denton
Pecan Creek Water Reclamation Plant; providing for the expenditure of funds
therefor; and providing an effective date (Bid 3796-Pecan Creek Water
Reclamation Plant Digester Improvements awarded to Crescent Constructors, Inc.
in the amount of $643,000). The Public Utilities Board recommends approval
(5-0).
E. Consider adoption of an ordinance accepting competitive bids and awarding a
public works contract for improvements to Cedar Street including sidewalk
replacement, accessibility ramps, landscaping, storm drainage, water line and
sanitary sewer improvements; providing for the expenditure of funds therefor; and
providing an effective date (Bid 3770-Cedar Street Improvements awarded to The
Fain Group, Inc. in the amount of $1,170,263). The Public Utilities Board
recommends approval (5-0).
F. Consider adoption of an ordinance accepting competitive bids and awarding a
public works contract for the construction of sanitary sewer replacements for
Skinner and Wilson Streets; providing for the expenditure of funds therefor; and
providing an effective date (Bid 3779-Skinner Street and Wilson Street 8"
Sanitary Sewer Replacements awarded to Dickerson Construction Company, Inc.
in the amount of $179,277.50).
City of Denton City Council Agenda
June 19, 2007
Page 4
G. Consider approval of a tax refund for the following property tax:
Name Reason Tax Year Amount
1. Campus Pk Denton Ltd DCAD Supplemental Change 2006 $ 8,121.22
H. Approve the minutes of:
May 1, 2007
May 15, 2007
May 22, 2007
I. Consider approval of a resolution of the City of Denton, Texas authorizing the
denial of Atmos Energy Corporation's Mid-Tex Division's ("Atmos Mid-Tex")
Gas Reliability Infrastructure Program adjustments for calendar year 2006;
authorizing participation in a coalition of cities known as Atmos Texas
Municipalities ("ATM"); authorizing the hiring of lawyers and rate experts;
authorizing the City's participation to the full extent permitted by law at the
Railroad Commission of Texas in GUD Docket Nos. 9734 and 9726; requiring
the reimbursement of municipal rate case expenses; finding that the meeting
complied with the Open Meetings Act; making other findings and provisions
related to the subject; and declaring an effective date.
J. Consider adoption of an ordinance authorizing the City Manager to execute an Oil
and Gas Lease with Endeavor Energy for 19.45 acres of Cross Timbers Park
situated in the N. Britton Survey, Abstract No. 51, in the City of Denton, Denton
County, Texas, and related documents; providing severability and an effective
date.
4. PUBLIC HEARINGS
A. Hold a public hearing and consider adoption of an ordinance regarding the
rezoning of approximately 2,120 acres from Neighborhood Residential 2 (NR-2),
Neighborhood Residential 3 (NR-3), Neighborhood Residential 4 (NR-4),
Neighborhood Residential 6 (NR-6), Neighborhood Residential Mixed Use 12
(NRMU-12), Neighborhood Residential Mixed Use (NRMU), Community Mixed
Use General (CM-G), Planned Development District No. 120 (PD-120), and
Rural Residential 5 (RD-5) zoning districts to the Hills of Denton Master Plan
Community (Hills of Denton MPC) zoning district. The property is generally
located to the north of Loop 288, west of Locust Street (F.M. 2164), south of
Milam Road and east of Bonnie Brae Street. (Z06-0026, Hills of Denton) The
Planning & Zoning Commission recommends approval (7-0).
B. Hold the second of two public hearings to consider the voluntary annexation and
service plan for two sites. The first site is approximately 7.85 acres and the
second site is approximately 1.54 acres, totaling approximately 9.39 acres. The
sites to be annexed are generally located on the north side of Spencer Road
between Woodrow Lane and Brinker Road. The sites are within a tract of land
legally described as Municipal Utility Addition, Lot 1, Block 2. (A07-0002,
Denton 1Vlunicipal Electric Spencer Complex Annexation)
City of Denton City Council Agenda
June 19, 2007
Page 5
C. Hold the second of two public hearings to consider the voluntary annexation and
service plan for approximately 127.9662 acres. The property to be annexed is
generally located in the northwestern area of the City of Denton's Extraterritorial
Jurisdiction (ETJ) at the northwest corner of I-35N and the future Loop 288
extension. The parcel is legally described as a tract of land situated in the BBB &
CRR Survey, Abstract No. O l 41 A, Denton County, Texas, and a tract of land
situated in the Whitlock Survey, Abstract No. A1403A, Denton County, Texas.
(A07-0001, Westview Commercial Annexation)
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider appointing a nominating committee to develop a slate of appointees for
the Economic Development Partnership Board.
B. New Business and Announcements
This item provides a section for Council Members to suggest items for future
agendas, request information from the City Manager, and/or make announcements
of public interest.
C. City Manager's Report
D. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
E. 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 , 2007 at o'clock (a.m.) (p.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE
SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST
48 HOURS 1N ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY
SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE
DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER
CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE.
AGENDA INFORMATION SHEET
AGENDA DATE: June 19, 2007 Questions regarding this
report maybe directed to
DEPARTMENT: Fiscal Operations/Risk Management Scott Payne at 349-7836
ACM: Jon Fortune
~TIR.TF,CT
Receive a report, hold a discussion, and give staff direction regarding Request for Proposal
(RFP) #3723, Administrative Services Only (ASO) for Medical and Pharmacy Benefits.
BACKGROUND
At a Council meeting on December 19, 2006, the Council gave direction to staff to move toward
a self funded health and pharmacy benefits program. A comprehensive RFP was developed and
distributed in March 2007. The City received 19 responses to the RFP from a variety of
providers, including insurance companies, third-party administrators (TPA) and pharmacy
benefit managers (PBM).
The Risk Management staff and the City's benefits consultant, McGriff, Seibels and Williams,
evaluated the proposals and chose the top seven to be given to asix-person evaluation committee
for further review and scoring. The evaluation committee selected four finalists who were
brought in to make presentations to the City's Employee Insurance Committee (EIC) and to
participate in a detailed Question & Answer (Q&A) session with the review committee.
Staff and the evaluation committee performed a thorough review of the RFP's, considered the
information and quality of the presentations, and weighed the credibility and expertise of the
vendor staff participating in the Q&A session. Factors such as overall cost, customer service,
long-term partnership with the City, provider network disruption, flexibility of systems, and
integration with outside vendors were all evaluated.
Please refer to Exhibit 1 -RFP #3723 Evaluation Summary Report, for additional details
regarding the evaluation process and recommendations.
RECOMMENDATION
The evaluation committee and staff recommend entering into contractual negotiations with
Fiserv Health, for self funded medical benefits administration, and with Express Scripts, for self
funded pharmacy benefit management services.
Agenda Information Sheet
June 19, 2007
Page 2
ESTIMATED SCHEDULE OF PROJECT
June 20, 2007 -Begin contract negotiations and plan implementation
July 1, 2007 -Submit RFP for stop loss insurance coverage
July 24, 2007 -Present final TPA and PBM contracts for Council approval
August 21, 2007 -Present stop loss contracts for Council approval
September 24, 2007 -Begin open enrollment process
January 1, 2008 -Self funded plan year begins
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The City Council received a White Paper on April 4, 2005, that included a discussion of moving
to a self funding benefits program. The Audit Committee has reviewed the issue of moving to a
self funded medical and pharmacy benefits program during discussion of an Issue Paper on July
14, 2006, and September 13, 2006. The Council approved moving to a self funded program
during a work session discussion on December 19, 2006.
FISCAL INFORMATION
A new internal service fund will be established to separately track medical and pharmacy
administrative costs as well as medical and pharmacy claims cost.
The following demonstrates the estimated 2008 total plan costs for employees, dependents and
retirees and the savings resulting from changing to a self insured plan. This includes an
anticipated 7% rate increase in 2008.
Fully-Insured Self Insured Self Insured Savings
Fiserv/Express Scripts $13,955,475 $12,507,993 X1,447,482
BID INFORMATION
The RFP and Vendor List is available should the Council wish to review them.
F,XHIRTTS
Exhibit 1- RFP #3 723 Evaluation Summary Report
Exhibit 2 - RFP #3723 Scoring Tool
Exhibit 3 -Council Presentation
Respectfully submitted:
Scott Payne
Risk Manager
Exhibit 1
RFP #3723 Evaluation Summary Report
DESCRIPTION
On December 19, 2006, the City Council received a report regarding the City's plan to move
to aself-funded medical and pharmacy benefits program effective January 1, 2008. After
discussion, the Council extended its support of this plan.
REQUEST FOR PROPOSAL (RFP) PROCESS, RESPONSE AND EVALUATION
In March of 2007, the City submitted RFP #3723 -Administrative Services Only (ASO) for
Medical and Pharmacy Benefits to the marketplace with a due date of April 5, 2007. The
RFP document is not included in this report, but it can certainly be made available upon
request.
The City received a total of 19 responses to the RFP. Proposals were submitted by
insurance carriers, who typically provide both fully-insured health benefits as well as services
to self-funded clients, third-party administrators (TPA), who specialize in providing services
to self-funded entities, and pharmacy benefit managers (PBM), who provide self-funded
pharmacy benefits. Table 1 provides details regarding the companies that submitted
responses.
Table 1-RFP #3723 Respondents
Combany Name T T e
Aetna Insurance Com an
American Administrative Group Third-Party Administrator
Blue Cross Blue Shield of Texas Insurance Company
CIGNA Insurance Com an
Express Scripts Pharmacy Benefit Manager
Fiserv Third-Party Administrator
Great west Third-Par Administrator
Group & Pension Administrators Third-Party Administrator
Health Smart Third-Party Administrator
Healthtrans Pharmac Benefit Mana er
Medco Pharmacy Benefit Manager
Meritain Health Third-Party Administrator
Mutual Assurance Administrators Third-Par Administrator
Navitus Pharmacy Benefit Manager
Scott & ~Xlhite Prescription Services Pharmacy Benefit Manager
Texas Munici al Lea ue Insurance Pool
United Healthcare Insurance Company
~lalgreens Health Pharmacy Benefit Manager
~1ellD ne Rx Pharmac Benefit Mana er
* -Current provider of fully-insured health benefits
ASO -Administrative Services Only Q & A -Question & Answer
AwP -Average wholesale Price RFP -Request For Proposal
EIC -Employee Insurance Committee TPA -Third Party Administrators
PBM -Pharmacy Benefits Manager TTC -Texas True Choice
PEPM -Per Employee Per Month UHC -United Healthcare
Exhibit 1
These 19 proposals were reviewed and evaluated by Risk Management and the City's
benefit's consultant, McGriff, Seibels and ~Xlilliams, and narrowed down to seven (two
insurance companies, three TPA's and two PBM's) proposals to be reviewed by the
evaluation committee. The six-person evaluation committee used a comprehensive scoring
tool (see Exhibit 2) to evaluate each of the proposals in accordance with the criteria outlined
in the RFP. This included customer service and professional competency (20%), scope of
services (20%), cost of services and network discounts (20%), provider disruption (15%),
financial stability (10%), reporting capabilities and data management (5%), references and
experience with similar clients (5%), and multi-year rate guarantees (5%). Table 2 below
illustrates the final scores (out of 100 possible points) by the evaluation committee.
Table 2 -Evaluation Committee Scores
Com an Name Total Score
Medco (PB1V~ 80.96
Ex Tess Scri is B1V~ 77.44
Fiserv A) 77.28
United Healthcare (Insurance Com an) 76.29
CIGNA nsurance Com an) 66.67
Great West PA) 65.93
Grou & Pension Administrators A) 64.87
Based on the results of the scoring evaluation, Medco (top ranked PBM), Fiserv (top ranked
TPA) and United Healthcare (top ranked carrier) were selected as finalists and brought in for
presentations to the Employee Insurance Committee (EIC) and a question & answer (Q&A)
session with the evaluation committee. Express Scripts was later added to the finalist list
and asked to provide a presentation and Q&A session for the evaluation committee as well.
Reference checks were also performed on all finalists.
COMPARISON OF MEDICAL BENEFIT SERVICE PROVIDER FINALISTS
The two medical benefit related responses that ranked the highest were Fiserv (TPA) and
United Healthcare (UHC) (insurance company). The following sections discuss the merits
of each regarding the administration of the medical benefits only. The provision of
pharmacy benefits will be discussed later in the paper.
1. TPA vs. Insurance Carrier - As illustrated in Table 2 above, the total scores for
(UHC) and Fiserv were very close. Both are large companies that have a good
reputation in the marketplace for providing administrative services to self-funded
entities. while UHC is an insurance company that also provides self-funded
administrative services, Fiserv is a TPA that specializes in providing self-funded
services.
UHC is offering the City the same services (disease management, wellness, cost
containment, etc.) on aself-funded basis that they currently provide under our fully-
2
ASO -Administrative Services Only Q & A -Question & Answer
AwP -Average wholesale Price RFP -Request For Proposal
EIC -Employee Insurance Committee TPA -Third Party Administrators
PBM -Pharmacy Benefits Manager TTC -Texas True Choice
PEPM -Per Employee Per Month UHC -United Healthcare
Exhibit 1
insured program. These services are included in their per employee per month
(PEPM) administrative fee, regardless of whether all the services are utilized by the
City. Fiserv is offering the City many of the same basic services as UHC as part of
their PEPM fee, but other programs are offered on an "ala carte" basis. In this way,
the City is able to pick and choose what additional services we feel have the most
value to our benefits program and only pay for the services that are used.
Another difference between a TPA and an insurance company is the level of
flexibility and customization with regard to plan and benefit design. ~Ihile UHC will
be much more flexible and creative in these areas for the City as aself-funded client,
there are still system limitations based on their fully-insured products. Since the self-
funded marketplace is all Fiserv focuses on, their systems are designed to be very
flexible and to allow for many different plan designs and benefit levels.
2. Administrative Costs - As mentioned above, Administrative fees are based on a
PEPM charge for each employee and retiree enrolled in health coverage.
Administrative fees are typically charged for claims processing, network access fees,
disease medical management, stop loss interface, etc. Table 3 illustrates the total
Administrative fees proposed by UHC and Fiserv.
Table 3 -Proposed Administrative fees (PEPM)
UHC Fiserv
Administration $29.62 $13.50
Network Access Fee N/A $ 3.75
Sto Loss Re ortin /Interface $ 1.00 $ 1.25
Medical/Disease Mana ement Included in Admin $ 6.50
United Behavioral Health $ 3.53 Included above
Nurseline $ 1.10 Included above
Fiducia $ 0.75 Included above
TOTAL PEPM $36.00 $25.00
ESTIMATED ANNUAL
ADMINISTRATIVE COST
$493,344
$342,600
The Administrative fees cover the overall administration of the program including
claims processing, day-to-day customer service, reporting, trend analysis and benefit
design evaluation, etc. In the case of UHC, it also includes fees to interface with an
outside PBM for pharmacy benefits. The Network Access fee is the fee charged to
Fiserv by Texas True Choice (TTC) for access to their network. Since UHC owns
their network, there is no Network Access fee. Both UHC and Fiserv are charging a
Stop Loss fee for interfacing with an outside stop loss carrier. This fee includes
costs for data sharing and reporting.
3
ASO -Administrative Services Only Q & A -Question & Answer
AwP -Average ~X~holesale Price RFP -Request For Proposal
EIC -Employee Insurance Committee TPA -Third Party Administrators
PBM -Pharmacy Benefits Manager TTC -Texas True Choice
PEPM -Per Employee Per Month UHC -United Healthcare
Exhibit 1
The Medical~Disease Management fees encompass all programs and processes
related to managing the medical claims. This includes large case management,
disease state identification, and wellness programs among others. Fiserv's proposal
lists these services with a separate fee while UHC includes this in their
Administration fee. Additionally, Fiserv includes a 24-hour "nurseline" as part of
their medical disease management fee while UHC proposes a separate, $1.10 PEPM
fee for this service. Similarly, while Fiserv includes their behavioral health programs
in the Administrative fee, UHC lists this service separately.
UHC is proposing an additional fee to act as the fiduciary for the City's self-funded
plan. Fiserv is proposing limited fiduciary responsibility as part of their
administrative fee. The final fiduciary arrangements will need to be negotiated as
part of the contract between the City and the selected medical benefits service
provider.
As Table 3 illustrates, Fiserv's administrative costs are $11.00 PEPM (approximately
$150,744 annually) less than the Administrative fees proposed by UHC.
Additionally, Fiserv will guarantee their Administrative fees for three years while
UHC is only offering these rates for one year.
3. Network Discounts and Disruption -while Administrative fees are an important
consideration in the total cost of aself-funded health plan, the cost of the actual
medical claims is the most significant piece of the comparison. Both Fiserv and
UHC have proposed various programs to assist in reducing our overall health care
costs; however, the percentage of negotiated discounts within the medical provider
network may have the greatest impact on the ultimate cost of medical claims.
UHC's proposal includes the network of physicians and facilities currently being
accessed by our employees, dependents and retirees. This network has contracted
rates with the medical community that yield an approximate savings of 48.8% off of
billed charges. In order to compare that network discount with the discount offered
by Fiserv, through the TTC network, UHC provided TTC with approximately six
months of paid claims to be re-priced through the TTC network. This re-pricing
exercise demonstrated that the TTC network discount is approximately 45.6% off of
billed charges. Given the City's projected claim cost for 2008, this 3.2% difference
in discount rates equates to approximately $307,000 in additional savings from the
UHC network as compared to TTC. Table 4 details the breakdown of discounts
within the UHC and TTC networks by physician and facility.
Table 4 -Network Discount Com parison
UHC TTC
Physician Discount 46.1% 42.5%
Facilit Discount 51.0% 48.2%
Total Discount 48.8% 45.6%
4
ASO -Administrative Services Only Q & A -Question & Answer
AwP -Average wholesale Price RFP -Request For Proposal
EIC -Employee Insurance Committee TPA -Third Party Administrators
PBM -Pharmacy Benefits Manager TTC -Texas True Choice
PEPM -Per Employee Per Month UHC -United Healthcare
Exhibit 1
Another important consideration when evaluating a possible change in provider
networks is the disruption that our members may experience if their physician, or a
facility they utilize, is not part of the new network. If the City chooses to go with
UHC on aself-funded basis, we will continue to access the same network so there
will be no disruption to our members.
Fiserv and TTC performed a network disruption analysis based on our utilization
with UHC to see how many members would be impacted by a change to the TTC
network. This analysis showed that approximately 99.5% of the physicians and 91
of the facilities accessed by members are part of the TTC network. The only major
provider not included in the TTC network is the North Texas Hospital. This facility
has only recently been added to the UHC network.
4. Total Cost -Table 5 details the total estimated medical claim and administrative
costs under the UHC and Fiserv proposals for 2008. These totals do not include
pharmacy claims or pharmacy administration expenses.
Table 5 -Total Self-Funded Health Cost Comparison
UHC Fiserv
Administration (Health) $ 493,344 ~ 342,600
Health Claims $ 9,605,657 $ 9,913,038
Total $10,099,001 $10,255,638
As presented, the Fiserv proposal is estimated to be approximately $156,637 more
expensive than the program proposed by UHC. The major difference is in the
network discounts that are obtained with the UHC provider network when
compared with the TTC network.
It is estimated that the City's total fully-insured health claims and administrative
expenses (not including pharmacy or pharmacy Administrative fees) with UHC for
2007 will be $11,400,000. Based on that estimation, both proposals offer significant
savings over our current fully-insured program costs. And while UHC's proposal is
slightly less expensive (1.55%), there are many other factors to consider as detailed in
the following sections.
5. Integration with Outside Vendors -One of the advantages of aself-funded health
benefits program is the ability to partner with other providers for specific services
related to the delivery of health and pharmacy benefits. Under afully-insured
program, the City is limited to using the partners selected by the insurance company.
One area that is typically separated under aself-funded program is pharmacy
benefits. RFP #3723 was designed to allow vendors to propose on both the medical
and pharmacy benefits as one proposal, or to bid on either medical or pharmacy
separately. The RFP was very clear that the City reserved the right to award separate
contracts if it was in the best interest of the City to do so.
5
ASO -Administrative Services Only Q & A -Question & Answer
AwP -Average wholesale Price RFP -Request For Proposal
EIC -Employee Insurance Committee TPA -Third Party Administrators
PBM -Pharmacy Benefits Manager TTC -Texas True Choice
PEPM -Per Employee Per Month UHC -United Healthcare
Exhibit 1
Both UHC and Fiserv submitted proposals for medical and pharmacy as one
proposal. However, while Fiserv has indicated a willingness to work with whatever
PBM the City may choose at no additional cost, the UHC proposal is very tightly
bound to the use of Medco for pharmacy benefits. In fact, UHC charges additional
fees to use a PBM other than Medco.
6. Subjective Considerations -While it is easy to quantify the administrative
expenses, network discounts and fees to integrate with outside vendors, there are
many other factors that go into a successful self-funded program that are not as easy
to quantify. However, in many areas these considerations are equally important.
~ Customer Service -The ability of UHC and Fiserv to service the needs of our
members and the City benefits staff is extremely important. UHC has done an
adequate job in this area but we continue to have ongoing service issues with
communication, responsiveness and accuracy of information. Some of these
issues stem from the fact that we are afully-insured client and would most likely
change under aself-funded program. However, UHC is proposing the same
service team currently assigned to the City. Also, many of the issues are due to
UHC's "customer service model" and their customer care team approach to
providing service. For example, UHC's ratio of customer representatives to
members is 1.6:10,000. By comparison, Fiserv's ratio is approximately 1:2,100.
Staff is not comfortable that UHC's service model will meet the needs of the
City and our members during this important transition.
Although we have no experience with Fiserv's customer service capabilities, the
overall impression from the RFP, and from their presentation to the EIC, is that
they are much more customer service driven. This is fairly typical in the TPA
arena as exceptional customer service and flexibility are the areas that
differentiate one from another. It is also supported by Fiserv's much more
manageable ratio of customer service representatives to members and from
reference checks of some of Fiserv's other public entity clients.
~ Flexibility of Systems -Both UHC and Fiserv tout the flexibility of their systems
and their ability to customize plan designs and benefit levels. As afully-insured
client of UHC, the City has no experience with the flexibility of the UHC system
as we did not have many choices regarding benefit design due to state filing
mandates (fully-insured health plans must be filed with the State). While the
reference checks on UHC indicated that their system was flexible, our dealings
with UHC during this RFP process have not necessarily validated those
statements. It appears that UHC still offers a fairly static program design, even
to their self-funded clients.
As with the Customer Service section above, the City has no experience to
evaluate how flexible Fiserv's systems are or the level of customization that will
be available to us. Based on the RFP and their presentation, the evaluation
6
ASO - Administrati`Te Sercrices Only Q & A -Question & Answer
AWP - A`-erage Wholesale Price RFP -Request For Proposal
EIC -Employee Insurance Committee TPA -Third Party Administrators
PBM -Pharmacy Benefits Manager TTC -Texas True Choice
PEPM -Per Employee Per Month UHC -United Healthcare
Exhibit 1
committee has confidence in Fiserv's ability to meet our needs in this area.
Fiserv's reference checks indicated that this was one of their strengths as well.
Generally this is an area where good TPA's typically excel.
~ Partnership - In order for the City to build and develop a successful self-funded
health benefits program, it is imperative that we find along-term "partner" to
assist us. During our time with UHC they have provided expertise and resources
to assist the City i_n managing and developing our health benefits program, but it
has certainly been under their terms and bound by the constraints of their fully-
insured plans. while we have assurances that UHC is a very different company
on aself-funded basis, staff and the evaluation committee still have concerns that
the City's plan will always be limited by UHC's self-imposed constraints.
To some degree we have already experienced this in UHC's response to the RFP
and in our discussions with them during the evaluation process. UHC
responded to several questions in the RFP with a statement that essentially said
"we are the incumbent so we don't have to answer this question" instead of
providing the information requested. As we have had ongoing discussions and
made requests of UHC during the RFP evaluation process we have been met
with questions of "why do you need that" and delays in data being provided.
In contrast, Fiserv already feels like a partner to the City in many ways. They
have been incredibly responsive and cooperative during the RFP evaluation
process. Fiserv has responded to every request that has been made of them in a
timely and professional manner. Fiserv's response has always been "Tell us what
you need and we'll get it for you." Staff and the evaluation committee believe
strongly that this will continue to be Fiserv's approach to servicing our account
and that they will be that long-term partner to help the City achieve a successful
self-funded health benefits program.
There is no question that the transition from UHC on afully-insured basis to a
self-funded program under UHC would be easier and have less disruption to our
members and to staff. However, it is important that we do not use the
possibility of a little chaos during the transition period as a reason not to develop
a relationship with along-term partner.
~ Access to Other Resources -One of the advantages of partnering with a large
insurance company like UHC is that due to their size, they have strategic
relationships with many other companies and vendors for health related services.
For example, through UHC, the City has developed a relationship with Pfizer to
assist us with many facets of our annual Benefits & wellness Fair. Pfizer helps
defray the cost of many of the blood draws and health screenings, provides
numerous "give-aways" and educational information, and provides additional
health care related vendors. At this time it is unknown if those same types of
7
ASO - Administrati`Te Sercrices Only Q & A -Question & Answer
AwP - A`-erage wholesale Price RFP -Request For Proposal
EIC -Employee Insurance Committee TPA -Third Party Administrators
PBM -Pharmacy Benefits Manager TTC -Texas True Choice
PEPM -Per Employee Per Month UHC -United Healthcare
Exhibit 1
relationships are in place with Fiserv and if available, if there is an additional
charge.
COMPARISON OF PBM FINALISTS
As stated previously, one of the major advantages of aself-funded health benefits program is
the ability to gain more control of the City's benefit program. One way of gaining control is
for the City to have direct contracts with, and therefore a direct relationship with, all the
various parties who provide specific services related to the delivery of health and pharmacy
benefits.
In order to accomplish this, the City developed the RFP to specifically allow us to carve-out
the pharmacy benefits to the PBM that was most advantageous, without it necessarily being
tied to an insurance carrier or TPA. This entails a separate review of the various PBM's.
The two highest ranked, stand-alone PBM's after the review process were Medco (the City's
current pharmacy provider through contract with UHC) and Express Scripts.
1. Administrative Costs -Administrative costs for PBM services can be charged for a
variety of services. In some contracts, there is an administrative fee for each
prescription processed. In other contracts the fee is referred to as a dispensing fee
per prescription. Table 6 details the proposed Administrative fees for both Medco
and Express Scripts.
Table 6 -Proposed PBM Administrative fees
Medco Express Scripts
Per Scri t Annual Est. Per Scri t Annual Est.
Admin. Fee $ 2.60 $ 78,718 $ 0.00 ~ 0
Dis ensin Fee $1.75 $ 49,830 $1.50 ~ 42,711
Total $128,548 $ 42,711
Because of the administrative fee charged by Medco, their estimated annual costs are
approximately three times more than those proposed by Express Scripts.
2. Rebates -Another component of the total cost of aself-funded pharmacy benefit
program is the way that pharmaceutical company rebates are handled by the PBM.
Rebates are payments made by the drug manufacturers to the PBM and are
essentially incentives for the PBM to keep certain drugs on the PBM's formulary (list
of approved drugs). Rebates may be based on the volume of the drugs that are sold
and by the tier, or copayment level, that the drug is in. In many cases the PBM will
seek to keep all of the rebates.
In the RFP the City requested that at least some level of rebates would be shared
with the City and that the total amount of any rebates would be disclosed to the City.
This will help to achieve transparency within our pharmacy program and ensure that
8
ASO -Administrative Services Only Q & A -Question & Answer
AwP -Average wholesale Price RFP -Request For Proposal
EIC -Employee Insurance Committee TPA -Third Party Administrators
PBM -Pharmacy Benefits Manager TTC -Texas True Choice
PEPM -Per Employee Per Month UHC -United Healthcare
Exhibit 1
the City understands the true costs of our pharmacy benefits and the impact of all
incentives the PBM may be receiving from pharmaceutical manufacturers.
Table 7 illustrates the rebate distribution proposed by both Medco and Express
Scripts, including the guaranteed rebate amount per prescription.
Table 7 -PBM Rebate Distribution
Medco Express Scripts
Per Scri t Annual Est. Per Scri t Annual Est.
Retail $10.50 $ 298,977 $ 3.00 $ 85,422
Mail-Order $ 27.00 $ 48,654 ~ 12.00 $ 21,624
Rebate M t Fee 15%) $ 52,145) N/A
Total $ 295,486 $107,046
Medco has proposed a much more aggressive guaranteed rebate amount than
Express Scripts, but also charges a 15% Rebate Management Fee. However, even
with this Fee it is estimated that Medco would return to the City $188,440 in
additional rebates over the Express Scripts proposal.
It should be noted that currently the City does not receive any rebates under our
fully-insured contract with UHC. Any rebates that are available are retained by UHC
and/or Medco.
3. Network Discounts and Disruption - As with the evaluation of the medical
component providers, the most important consideration is the discounts obtained by
the PBM with the pharmacies and the pharmaceutical manufacturers on the drugs
that are prescribed to the members. Unfortunately while it is fairly straightforward
to compare physician and hospital discounts, it is much more difficult to compare
drug discounts. It seems as if each PBM uses a different method to calculate and
present the estimated savings.
The term Average ~Xlholesale Price (AwP) is still generally accepted as the standard
method of evaluating the cost of a particular medication. AwP is based on data
obtained from drug manufacturers, distributors and other suppliers as reported by
services such as First DataBank or Red Book. Savings are portrayed as AEI' minus
some percentage or AWI'-x%.
Table 8 lists the retail and mail order drug discounts for brand name and generic
drugs as proposed by Medco and Express Scripts.
Table 8 -Proposed Pharmaceutical Discounts
Medco Ex Tess Scri is
Brand -Retail AwP-16.50% A~XIP-16.50%
Generic -Retail AwP-54.00% A~XIP-54.00%
Brand -Mail Order AwP-23.25% A~XIP-24.00%
9
ASO -Administrative Services Only Q & A -Question & Answer
AwP -Average ~X~holesale Price RFP -Request For Proposal
EIC -Employee Insurance Committee TPA -Third Party Administrators
PBM -Pharmacy Benefits Manager TTC -Texas True Choice
PEPM -Per Employee Per Month UHC -United Healthcare
Exhibit 1
Generic -Mail Order AwP-62.00% A~XIP-54.00%
Both Medco and Express Scripts report very similar discounts off of A~XIP. ~XIe were
unable to perform a re-pricing study, as we did with the medical claims, since UHC
would not release the drug data to Medco for that purpose (even though Medco
already had the information as our current provider). However, the only significant
area of difference is on generic medications through mail order where Medco shows
an 8% higher discount. Since mail order prescriptions currently represent a much
smaller percentage of our total drug claims than retail, the overall plan savings would
be negligible.
Another consideration when evaluating the network of retail pharmacies is the level
of disruption that will be experienced by our members. Since Medco is our current
provider of pharmacy benefits, there will be no network disruption. Under the
Express Scripts proposal, all the major chain pharmacies are included in the network,
as well as a number of local pharmacies. Although a complete network disruption
was not performed, it appears that there will be minimal negative impact to our
employees. Additionally, while we certainly want to minimize disruption to our
members, unless the member lives in a rural area with few pharmacy options,
changing pharmacies is more palatable than changing physicians.
4. Total Cost -Table 9 shows the total estimated administrative and dispensing fees,
as well as the estimated rebate savings and pharmacy claim costs as proposed by
Medco and Express Scripts.
Table 9 -Total Self-Funded Pharmacy Cost Comparison
Medco Ex Tess Scri is
Administrative fees $ 78,718 $ 0
Rx Dispensing Fees $ 49,830 ~ 42,711
Rebates ~ 295,486) $ 107,046)
Pharmacy Claims $1,700,000 ~ 1,700,000
Total $1,533,062 $1,635,665
As presented, the Medco proposal is estimated to be approximately $102,603 less
expensive than the program offered by Express Scripts. The major difference is that
the level of rebates guaranteed by Medco is considerably higher, even with the
Rebate Management Fee, than what is offered by Express Scripts.
Express Scripts has evaluated our pharmacy claims cost and believes they can
achieve a higher generic drug utilization rate, based on their overall book of business.
Express Scripts estimates they would be able to lower our overall pharmacy costs by
approximately X50,000 over what we currently pay.
10
ASO -Administrative Services Only Q & A -Question & Answer
AwP -Average wholesale Price RFP -Request For Proposal
EIC -Employee Insurance Committee TPA -Third Party Administrators
PBM -Pharmacy Benefits Manager TTC -Texas True Choice
PEPM -Per Employee Per Month UHC -United Healthcare
Exhibit 1
5. Subjective Considerations - As with the medical benefits evaluation, it is also
important to consider factors that are not as easy to quantify as administrative costs,
dispensing fees, rebates and drug discounts.
~ Partnership - As previously stated, it is imperative that the City find a strong
partner to help us develop and maintain a successful self-funded medical and
pharmacy benefits program. ~Xlhile the pharmacy claim dollars aren't as
significant a number as the medical dollars, the pharmacy benefit is still probably
the most utilized benefit offered.
Even though Medco is currently the City's provider of pharmacy benefits, we
don't really know what type of partner 1Vledco can be since our relationship with
them is filtered through our contract with UHC. For example, there have been
numerous communication issues regarding changes to the pharmacy program,
both in terms of notification to City staff as well as to the members. whether
this is truly a Medco issue or more of a UHC issue is not clear. In that regard,
Medco on aself-funded basis is as much of an unknown as Express Scripts.
~ Presentation and Q&A -Following the scoring evaluation, the finalists were
selected and asked to prepare a 20 minute presentation for the EIC followed by
an hour long Q&A session with the evaluation committee. One of the requests
we made of each of the finalists was that the individuals making the
presentations be some of the same people that would be working on the City's
account. This would give us a better feel for who we would be working with
instead of just hearing a sales pitch from people we would have no day-to-day
dealings with.
Medco was the highest rated responder following the scoring evaluation. They
submitted a high quality proposal that was extremely responsive to our questions.
However, Medco's presentation was not of the same quality as their proposal.
Based on the presentation of the service team, both the EIC and the evaluation
committee questioned whether Medco had the ability to provide high quality
service to the City and our members.
Because of the poor performance in the presentations, the evaluation committee
asked Express Scripts to come in for a finalist presentation. Express Scripts was
the second highest rated company to respond to the RFP and only a few points
behind Medco. Staff and the evaluation committee were extremely impressed
with the team assembled by Express Scripts and their presentation. The
evaluation committee felt very confident that Express Scripts would meet the
needs of the City and be a proactive partner in developing our self-funded
pharmacy program.
11
ASO - Administrati`Te Sercrices Only Q & A -Question & Answer
AwP - A`-erage wholesale Price RFP -Request For Proposal
EIC -Employee Insurance Committee TPA -Third Party Administrators
PBM -Pharmacy Benefits Manager TTC -Texas True Choice
PEPM -Per Employee Per Month UHC -United Healthcare
Exhibit 1
~ Interface with Medical Benefits Provider - It is the City's intention to have direct
contracts with both the medical benefits service provider and the PBM. Since
separate contracts will be involved it is extremely important that the PBM
selected is able to interface and exchange data with the medical benefits service
provider. Both Medco and Express Scripts are able to interface with either UHC
or Fiserv without issues or additional fees.
Additionally, Fiserv has indicated that they can work with either Medco or
Express Scripts and can integrate the pharmacy data into their system. This
includes being able to display either PBM's pharmacy benefit information and
claims data as part of Fiserv's member ~Xlebsite. UHC prefers to provide the
pharmacy benefits through their contract with Medco and not have astand-alone
PBM. UHC can work with both Medco and Express Scripts on a stand-alone
basis for additional Administrative fees but can only display information on the
UHC website for members if Medco is chosen.
RECOMMENDATION
As presented in this paper, there are numerous facets to a successful self-funded program
and many "moving parts" to be considered when selecting along-term partner to administer
the program. The City was fortunate to have many good companies submit proposals in
response to our RFP, but that fact also made the task of selecting between them extremely
difficult.
Based on an extensive evaluation process that included review of the RFP, presentations,
Q&A sessions and reference checks, and involved the opinions and ideas of many different
people, the evaluation committee, and staff, recommends beginning negotiations with Fiserv,
as the medical benefits TPA, and with Express Scripts, as the City's PBM.
In both the comparison of the medical benefit providers and of the PBM's, the overall
administrative and claim costs are fairly similar. However, in both comparisons the
subjective considerations are weighted heavily toward the two companies that are being
recommended.
In the case of UHC, their overall costs are estimated to be approximately 1.55% less than
Fiserv's. But when evaluating other factors such as customer service, flexibility of systems,
and partnership, the evaluation committee and staff believe strongly that Fiserv is the better
choice.
Similarly, while Medco is estimated to be 6.7% less expensive than Express Scripts, when
you factor in the lack of confidence that the evaluation committee and staff have in their
ability to properly service the City's account, Express Scripts is the best partner.
It is important to note that either combination of providers results in a significant savings to
the City in terms of total plan cost, both when compared to our estimated total expenditures
12
ASO - Administrati`Te Sercrices Only Q & A -Question & Answer
AwP - A`-erage wholesale Price RFP -Request For Proposal
EIC -Employee Insurance Committee TPA -Third Party Administrators
PBM -Pharmacy Benefits Manager TTC -Texas True Choice
PEPM -Per Employee Per Month UHC -United Healthcare
Exhibit 1
on afully-insured basis for 2007 and when compared to our projected total health care
expenditures in 2008 were we to remain fully-insured with UHC. Table 10 illustrates the
total plan cost for employees, dependents and retirees under two possible scenarios
compared to the 2007 total fully-insured cost.
Table 10 -
2008 Projected Self Funded Cost vs. 2007 Projected Fully-Insured Cost
UHC Medco Fiserv Ex Tess Scri is
Medical Administrative ~ 493,344 $ 342,600
Medical Claims $ 9,605,657 $ 9,913,038
Pharmac Administrative ~ 128,548 $ 42,711
Pharmac Claims ess Rebates) $1,404,514 $1,592,964
Estimated Stop Loss Insurance ~ 616,680 $ 616,680
Estimated Total Self-Funded Cost 2008 x'12,248,743 x'12,507,993
Est. Fully-Insured Premium 2007 ~ 13,042,500 $13,042,500
Estimated Savings $ 793,757 $ 534,507
The calculations in Table 10 include an estimated allowance for stop loss insurance as this is
an additional component to the total self-insured plan costs. Stop loss coverage is purchased
to help protect aself-insured plan from catastrophic losses and will be bid out once the TPA
and PBM are selected.
Table 11 uses the same calculations in Table 10, but compares the total estimated self-
funded costs for 2008 with the projected total costs were the City to remain afully-insured
client of UHC for 2008. Although we do not know what the exact premium increase would
be for 2008, our insurance consultant believes that 7% is a conservative number to use for
this calculation.
Table 11-
2008 Projected Self Funded Cost vs. 2008 Projected Fully-Insured Cost
UHC Medco Fiserv Ex Tess Scri is
Medical Administrative ~ 493,344 $ 342,600
Medical Claims $ 9,605,657 $ 9,913,038
Pharmac Administrative ~ 128,548 $ 42,711
Pharmac Claims ess Rebates) $1,404,514 $1,592,964
Estimated Stop Loss Insurance ~ 616,680 $ 616,680
Estimated Total Self-Funded Cost 2008 x'12,248,743 x'12,507,993
Est. Fully-Insured Premium 2008 X13,955,475 $13,955,475
Estimated Savings $ 1,706,732 $ 1,447,482
The estimates provided in Table 10 and Table 11 serve to reinforce the fact that moving to a
self-funded health benefits program should provide substantial savings to the City when
13
ASO -Administrative Services Only Q & A -Question & Answer
AwP -Average wholesale Price RFP -Request For Proposal
EIC -Employee Insurance Committee TPA -Third Party Administrators
PBM -Pharmacy Benefits Manager TTC -Texas True Choice
PEPM -Per Employee Per Month UHC -United Healthcare
Exhibit 1
compared to afully-insured program. Since savings are achieved under both scenarios it is
important to look beyond the bottom line costs and choose the TPA and PBM that staff and
the evaluation committee believe will perform the best in terms of servicing the needs of the
City and our plan members.
>\TUT cT~nc
Once the medical benefits service provider and PBM are selected, staff and our benefits
consultant will begin negotiations with those providers on an acceptable contract. There are
many terms and conditions within the proposed contracts that will need to be evaluated and
negotiated before a final contract can be presented to Council. The goal is to have this
completed and on the agenda for approval at the July 24, 2007, Council meeting.
while the contracts are being negotiated staff will also begin preliminary discussions
regarding implementation in preparation for open enrollment beginning in late September
and plan implementation January 1, 2008. The City will also implement the change to the
retiree subsidy that has previously been discussed with Council. Beginning in 2008, the
subsidy will be based on the number of years of service the retiree has with the City instead
of the flat rate that is currently being applied.
Additionally, after the City's self-funded partners have been identified, the RFP for stop loss
insurance will be submitted to the market. These contracts will be brought to the Council
for approval on August 21, 2007.
14
ASO -Administrative Services Only Q & A -Question & Answer
AwP -Average wholesale Price RFP -Request For Proposal
EIC -Employee Insurance Committee TPA -Third Party Administrators
PBM -Pharmacy Benefits Manager TTC -Texas True Choice
PEPM -Per Employee Per Month UHC -United Healthcare
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z
AGENDA INFORMATION SHEET
AGENDA DATE: June 19, 2007
DEPARTMENT: General Government
CM/DCM/ACM: George Campbell, City Manager
~T IR.TF,CT
Receive a report, hold a discussion and give staff direction regarding the outcome of the 2007
State Legislative Program of the City of Denton during the 80th Texas Legislature, including
future legislative issues and strategies.
BACKGROUND:
For the 80th Regular Session of the Texas Legislature, the City of Denton compiled its key
legislative issues into the 2007 State Legislative Program. This Program was adopted by City
Council Resolution R2006-036 on October 3, 2006. The Program consisted of issues anticipated
to be considered by the Texas Legislature, primarily relate to state initiatives that impact city
finances, development and land use, right-of ways, regional transportation, utility, and public
sa ety issues.
On January 3, 2007, a request for proposals was sent out to several qualified individuals and
firms to assist us in the advancement of the City's 2007 State Legislative Program. Six proposals
were received and Hil1Co Partners was selected for having the best fit for the City. In February
2007, a one year contract was negotiated with Hil1Co Partners for $78,000 per year for their
services in monitoring, tracking, analyzing and reporting, legislative advocacy and
representation, and interim activities and legislative agenda development. The contract does have
an option to renew for a second year. Hil1Co was instrumental in helping Denton maintain a
presence with the state legislature and key elected officials during the 80th Regular Session.
According to the Texas Municipal League (TML), the 80th Legislature was a "Session
Characterized by Havoc and Pandemonium, A Complete Breakdown was Narrowly Averted."
The 2007 session featured two battles over the House Speaker's chair, numerous "personal
privilege" speeches, alate-night walk-out by enough House members to break a quorum, and a
near melt-down in the Senate over a contested roll call vote. But on the final day, lawmakers
regrouped long enough to address unfinished business and wrap up the most contentious session
in recent memory.
This Session shattered all previous bill-filing records (see below chart). With a bill count 18
percent higher than 2005, hundreds of bills died simply because time ran out. The sponsors of
those bills went looking for other bills to amend. The result was an amendment free-for-all
during the final days, as bills thought to be dead sprang back to life as amendments at all hours
of the day and night. This, of course, is dangerous because bills that we have worked hard on all
session long to kill were resurrected and had to be tracked down again and again.
ADA/EOE/ADEA www.cityofdenton.com (TDD 800-735-2989)
6/15/07 80th Legislature and Denton's Legislative Program Page 2 of 4
Year Total Bills Total Bills City-Related Bills City-Related Bills
Introduced* Passed Introduced Passed
1987 4,343 1,204 420+ 175+
1989 5,256 1,339 625+ 180+
1991 4,684 970 840+ 180+
1993 4,560 1,089 800+ 140+
1995 5,147 1,101 800+ 140+
1997 5,741 1,502 1,100+ 130+
1999 5,908 1,638 1,230+ 130+
2001 5,712 1,621 1,200+ 150+
2003 5,754 1,403 1,200+ 110+
2005 5,369 1,397 1,200+ 105+
2007 6,374 1,495 1,200+ 120+
Includes bills and proposed Constitutional amendments; regular session only.
SOURCE: Texas Municipal League (June 2007)
ADA/EOE/ADEA www.cityofdenton.com (TDD 800-735-2989)
6/15/07 80th Legislature and Denton's Legislative Program Page 3 of 4
So How Did Denton Fare?
The biggest victory for Denton and other Texas cities was the defeat of hundreds of bad bills that
would have lowered or broadened the current cap on annual increases in property tax appraisals,
imposed a property tax revenue cap, enacted costly unfunded mandates, or eroded municipal
authority to conduct local affairs. We will benefit from the many good bills, including legislation
that will expand purchasing/contracting authority, increase funding for local parks, and enact
improvements in the "conflicts disclosure" procedures adopted by the legislature in 2005.
Unfortunately, we will once again face new state fees on municipal court fines, restrictions on
the use of red light cameras, new limitations on the use of eminent domain, and a new training
mandate relating to emergency management. The limitations on eminent domain are embodied in
H.B. 2006, which will undoubtedly make it much more expensive to obtain land for public
purposes. As of the time of the writing of this document, the governor had still not signed this
bill into law and many local governments, including Denton, have contacted the governor and
asked him to veto this bill. The governor has until June 17 to sign bills, veto them, or let them
become law without his signature.
We were successful in opposing some revenue cap bills such as HJR 53, HB 3534 and CSSB-
163 8, and worked closely with TML and Hil1Co Partners in maximizing our efforts. We also
coordinated the opposition to HB 1434 and SB 49, both were sales tax holiday for textbooks bills
that could have cost approximately $1,620,000 in annual sales tax revenue loss for the City.
Much work was done on transportation bills. Most notably, HB 2084 that supported the Tri-Party
Agreement to exempt the locally authorized portion of the state sales tax cap that is dedicated to
public transit. Unfortunately, even after much work we were not successful in getting this bill out
of the House Calendars Committee. The wording from HB 2084 was successfully added to HB
2510 by Sen. Carona, however this amendment was taken off later in the House on a point of
order. There were also several Comprehensive Development Agreements (CDA) moratorium
bills that could have had a negative impact to SH 121 CDA. After much maneuvering by both
the House and Senate, HB 1892 was passed and sent to the Governor's Office. We were
successful in working with DCTA and Hil1Co Partners in having the Senate recall the bill back
from the House to make revision to this bill that would protected SH 121 CDA. HB 1892 was
eventually vetoed by the Governor as part of a deal struck with House and Senate members, and
SB 792 was passed instead and sent to the Governor. Most North Texas projects, including SH
121, were exempted from any moratorium in this bill.
Several bills were filed that would have negatively impacted our Red Light Camera (RLC)
enforcement program. Unfortunately, early in the session cities became divided on the revenue
sharing component of this issue proposed by Sen. Carona. Denton, Plano and Dallas went down
to the wire opposing the sharing of any revenue from these programs with the State.
Unfortunately, the following bills did pass and were sent to the Governor.
• HB922 -Prohibit use of photographic enforcement for speed
• HB 1052 -Posting of warning signs before photographic enforcement intersection
• SB 1119 -Comprehensive RLC bill. This bill also includes SB 125 and the same
provisions as HB922 and HB 1052.
ADA/EOE/ADEA www.cityofdenton.com (TDD 800-735-2989)
6/15/07 80th Legislature and Denton's Legislative Program Page 4 of 4
We are still assessing the impact of these bills, but we know that we will have to begin sharing
50% of revenues from this program with the State, who in turn will use to fund certified trauma
centers.
We were successful in leading the opposition to HB 3779 by Rep. Bonnen that could have had an
approximately $1,912,000 negative impact to our beneficial reuse (Dyno Products) operations.
We testified against this bill and contacted other cities that also entered opposition to this bill.
This bill was not able to get out of committee, which is interesting since it was the committee
chair's bill.
We were also engaged on several other issues including: land use bills affecting our authority to
annex or over our ETJ, Billboards, Eminent Domain, Drainage Fee, Parks Funding, Public Safety
and Personnel issues. Attached is some more information on bills that were passed and sent to
the Governor's Office. Some of these bills will become effective as soon as they are signed;
others (unless vetoed) will become effective on Monday, August 27. The specific effective date
for each bill can be found on the Internet at Texas Legislature Online.
RECOMMENDATION
Continue to work with TML and Hil1Co Partners in the interim on addressing legislative issues
of importance to the City of Denton.
PRIOR ACTION/REVIEW (Council, Boards, Commission):
None
FISCAL INFORMATION:
The City has a one year contract with Hil1Co Partners for $78,000/year for their services in
monitoring, tracking, analyzing and reporting, legislative advocacy and representation, and
interim activities and legislative agenda development. We have the option to renew for a second
year.
Respectfully submitted:
John Cabrales Jr.
Public Information/Intergovernmental Relations
Officer
Attachment: Hil1Co Partners Final Legislative Report, June 7, 2007
ADA/EOE/ADEA www.cityofdenton.com (TDD 800-735-2989)
H I L L
~ ~ ~ 1 ~ ~ ~ ~
Final Legislative Report (Note: Governor has until June 17 to veto)
June 7, 2007
The 80th session of the Texas Legislature adjourned sine die on Memorial Day, May 28tH
The Senate wrapped up their business around B:OOp.m. But the House didn't finish until
the midnight deadline. As the session drew to a close, it became evident that this
legislature would be remembered for its reactionary efforts rather than its proactive
legislation.
HPV - In early February, Governor Rick Perry issued an executive order
directing the Health and Human Services Commission to adopt rules requiring all girls
age 11 and 12 to receive the Human Papillomavirus (HPV) vaccine prior to entering sixth
grade. The legislature responded by passing HB 1098 which overturned the Governor's
executive order and prohibits the state from paying for the vaccines if it is mandated by
the commission. In mid-May, the Governor announced that he would let the bill become
law without his signature. He issued a press release saying, "In early February, I initiated
a national debate by ordering the widespread use of the HPV vaccine, which protects
women from the deadly human papillomavirus that serves as the most common cause of
cervical cancer. Since then, the legislature has countered that order with the passage of
HB 1098. During that timeframe, a debate which affects real lives has been hij acked by
politics and posturing... Rather than allowing this issue to beheld captive one more day
by legislative politics and the inevitable posturing that will ensue during a veto override
debate, I have decided to let it become law without my signature."
TYC - In early March reports of abuse at Texas Youth Commission facilities
were made public. A report released by the Texas Rangers accused two administrators at
a TYC facility in Pyote of sexual abuse of minors under their care, leading to the
resignation of the TYC Commissioners. The governor appointed Jay Kimbrough as TYC
Special Master (he was later elevated to Conservator of the Texas Youth Commission)
charged with leading an investigation, and the Senate and House created the Joint Select
Committee on the Operation and Management of the Texas Youth Commission
investigate allegations of gross mismanagement at the TYC, sexual misconduct by
agency employees or former employees, and failure of the agency to properly investigate
or resolve those issues. Ultimately, all of the TYC board members resigned, and the
legislature passed SB 103 which establishes an office of inspector general in the TYC to
investigate crimes committed by TYC employees and makes other improvements to the
operations of TYC. Lt. Governor David Dewhurst said, "Since the day my Senate
colleagues and I first learned about the abuse of inmates in the Texas Youth Commission,
our first priority was to ensure the safety of the young people in custody and to clean out
the bad actors. Now we can begin to rebuild the TYC and restore public trust in the
agency by implementing tough, new accountability measures that are included in this
legislation."
FREW - Inmid-April, the state announced an agreement to settle a 13-year old
lawsuit (Frew v. Hawkins) against the state in which plaintiffs argued that the state has
not sufficiently funded Medicaid programs. Under the settlement, the Medicaid
reimbursement rate for physicians will increase by 25% and the reimbursement rate for
dentists will increase by 50%. The legislature had to appropriate $707 million to settle
the lawsuit causing budget conferees to renegotiate key aspects of the appropriations
bill.
A record number of bills and constitutional amendments were~led this session -
6374. 1495 measures were passed. That compares to 1,370 in 2005,1,403 in 2003,
1, 619 in 2001 and 1, 911 in 1999.
As the legislature headed into its final week, most of the major issues were still
unresolved. By the midnight deadline, almost all of the issues were resolved through
reconsiderations and suspensions.
Budget -The conference committee report on HB 1, the appropriations bill, was
adopted by the House and Senate late on Sunday night sending the record $152.5 billion
budget to the governor, who is rumored to be preparing his line-item veto to carve it
down. HB 2, which appropriates $4.2 billion in 2008 and $3.8 billion in 2009 to offset
school property tax reductions, also passed.
Cancer Research - HJR 90, a constitutional amendment establishing a fund
providing up to $300 million per year for cancer research and prevention (up to $3 billion
over the next 10 years), was adopted. The enabling legislation, HB 14 establishes the
Cancer Prevention and Research Institute of Texas. The Senate sponsor, Jane Nelson (R-
Lewisville) said, "This is a major victory for the cancer community, but we have just
begun to fight. We are going to take this momentum and keep it going as we talk to the
people of this state, most of whom have in some way been impacted by this terrible
disease, about what it would mean for Texas to lead the way in our search for the cure.
This is by far my proudest moment in the Legislature, and I am so grateful to have played
apart in this team effort."
Children's Health Insurance Program -The legislature passed HB 109, which
will add more than 100,000 children to the rolls of the Children's Health Insurance
Program (CHIP). Eligible families, those that make less than 200% of the federal poverty
level, will only have to enroll children once a year, rather the twice that is in current law.
It creates an electronic monitoring system to check the eligibility of families that are
close to the upper limit, to ensure that eligible families remain covered. If a family
exceeds the income limit, they will receive two weeks notice before they lose coverage.
It also removes the 90-day waiting period before CHIP coverage begins after enrollment.
Environment -The conference committee report on SB 12, the Texas Emission
Reduction Plan and Low-Income Vehicle Repair and Assistance Program bill, was
adopted by the House in the final hours of the session. SB 3, the omnibus water
resources conservation bill, also passed on the last day.
Public Education - SB 1031, which would replace the Texas Assessment of
Knowledge and Skills (YAKS) tests with end-of course exams for high school
graduation, was passed. Senator Florence Shapiro (R-Plano) authored the bill. She said,
"This ensures that no Texas student will take a course in name only, because we will
assess the rigorous content we expect students to learn. End-of course exams will allow
amore in-depth study of a particular topic, as well as provide a more timely assessment
of a student's grasp of that subject." House sponsor, Representative Rob Eisler (R-The
Woodlands) said, "It is important to give students multiple pathways to graduation. This
bill holds students to high standards while not putting off of the focus on one test." Also
passed was SB 1846 which authorizes the Teacher Retirement System to issue a
thirteenth check for the retired teachers of the state equal to their normal monthly
payment up to $2,500. Vicki Truitt (R-Southlake), the House sponsor said, "I can't tell
you how happy I am that we were able to get this bill through both houses of the
Legislature and send it to the Governor for his approval. The retired teachers have had
no benefit increase in more than six years, while their cost of living has increased
significantly." SB 4, which would have brought additional regulations to charter schools,
failed.
Higher Education - HB 3 828, which would establish incentive funding for
institutions of higher education (the Governor's higher education proposal), did not pass;
however, the appropriations bill set aside $100 million for the Texas Higher Education
Coordinating Board to use for incentive funding. SB 101, which would have cut back on
the use of the top 10% rule for automatic admission of students in the top 10% of their
graduating class to the state university of their choice, also failed. The conference
committee report was voted down in the House by a vote of 64 to 75. Representative
Roberto Alonzo (D-Dallas), who led the opposition said, "I am thrilled with the defeat of
SB 1010 because our current law as written will continue to work and make higher
education accessible and affordable to many young Texans who choose to go to college,
particularly our Hispanics, African Americans, and other minorities. The top 10% rule is
doing an outstanding job of recruiting and keeping more minorities and students from
many of our rural communities in our colleges and universities in Texas." The legislature
did pass HB 3900, the Texas Tomorrow Fund II, which is a new pre-paid tuition
program. Senate sponsor, Florence Shapiro (R-Plano) said, "The Texas Tomorrow Fund
is back. Texas families can once again lock in tomorrow's tuition at today's prices. This
new version of the Tomorrow Fund will help parents better plan for their children's
future higher education needs, and give them more certainty about the cost of college
e ucatlon."
Electric Utility - SB 482, which would have made changes to the retail electric
market, died after going to conference committee twice and being the subject of several
points-of order and a motion to overrule the chair. SB 483, which would have made
changes to the wholesale electric market, died in conference committees.
Homeland Security -The conference committee report on HB 13, the major
homeland security bill, died in the House on a point-of order. Several of the provisions
were added to another homeland security bill, SB 1 1, and were adopted. The House
sponsor of SB 1 1, Frank Corte (R-San Antonio) said, "After negotiating with Senators
and Representatives onboth sides of the aisle, we crafted a bill which will increase the
state's ability to detect, deter and respond to man-made and natural disasters. SB 11
addresses statewide mutual aid, creates the border security council to advise the governor
on border issues, provides for training through the School Safety Center to avert a
Virginia Tech incident in Texas, and addresses the issues of human trafficking and
criminal street gangs. Among other provisions, the bill also provides for emergency alert
system training to apply lessons recently learned from the tornado in Eagle Pass. I am
proud of the efforts of the members of this body who worked diligently to put the safety
and security of all Texans before personal politics."
Medicaid Reform -The legislature passed SB 10, which reforms the state's
Medicaid system. Senator Jane Nelson (R-Lewisville), the bill's author, said, "This
legislation lays the foundation for a new approach to health care for the poor, the fragile
and the uninsured. It expands our efforts to assist with premiums for the uninsured,
discourages inappropriate visits to the emergency room, and focuses heavily on
preventive health, which will help contain our acute care costs over the long term and,
more importantly, help Texans maintain good health." Upon final passage of the bill, Lt.
Governor Dewhurst said, "I want to congratulate Chairwoman Jane Nelson (R-
Lewisville) for her hard work and leadership on this very important legislation that will
help many Texans who don't have any health insurance obtain health insurance,
encourage Texans to lead healthier lives and tailor benefits so folks get the coverage they
need instead of aone-size-fits-all plan. This is landmark legislation that will help
millions of Texans improve their quality of life and live longer, while allowing the state
to make our Medicaid system more efficient."
Parks and Wildlife Funding -The legislature adopted HB 12, which creates a
funding mechanism for Texas parks by removing the cap on the sporting goods tax.
Religious Expression in Schools -After failing in the House, HB 3678 was
resurrected on a motion to reconsider. It is the Religious Viewpoints Anti-discrimination
Act that gives schools and students guidelines regarding violations of religious freedoms
in public schools. The bill's author, Representative Charlie Howard (R-Sugar Land) said,
"An overwhelming vote in both the House and Senate sent a strong message that our
country was founded on freedom of expression. This bill is a victory for freedom and
non-discrimination for every child in Texas. This legislation is consistent with the
Constitution and U.S. Supreme Court rulings which provide schools with protection from
litigation, assuring our children of their ability to express their religious viewpoints."
Tax - HB 3928, the franchise tax reform bill that increases the small business
exemption and makes other technical corrections to the new gross margins tax, was
passed.
Telecommunications Infrastructure Fund - HB 735, which abolishes the
Telecommunications Infrastructure Fund tax, passed. The Telecommunications
Infrastructure Fund was created in 1995 as a to-year project to extend high-speed
Internet infrastructure to schools, libraries, and hospitals. It was a 1.25% tax on
telephone bills. Since the purpose of the fund expired in 2005, the legislature has
continued the tax and used the money for other purposes.
Transportation -Governor Rick Perry vetoed HB 1892, which would institute a
two-year moratorium on private toll contracts and put other restrictions on
comprehensive development agreements. After negotiations with Senate and House
leaders, the legislature passed a similar bill SB 792, which gives local toll road authorities
discretion on developing local infrastructure and places atwo-year moratorium on toll
road construction using private equity. Representative Wayne Smith (R-Baytown),
author of HB 1892 and the House sponsor of SB 792, said, "I am glad that my House and
Senate colleagues and I were able to work together so that important decisions on
infrastructure development are still in the hands of local interests. This bill ensures a
moratorium so that we can more closely study how to address these issues taking into
account local concerns.
GOVERNOR -Governor Rick Perry likened the session to The Good, The Bad, and The
Ugly. He said, "We can say as a result of this session that the border will be more secure,
healthcare will be better funded, college will be more accessible and school property tax
rates will continue to decrease. However, like the old Clint Eastwood movie, this was a
session of the Good, The Bad and the Ugly. Much work was left undone, and I hope
legislators will fix their eyes on the unfinished business of the people instead of the
political squabbles when they return to Austin. Perry's press release said, "In February,
Gov. Perry proposed a budget that established a new higher standard for fiscal
responsibility and truth-in-budgeting, while meeting key priorities for Texas. The result
would be slowed government growth, $15 billion in property tax relief, and an end to
accounting gimmicks with the use of a one-time $5.4 billion payment. Additionally, a
$4.3 billion balance in the Economic Stabilization Fund would be left untouched.
Yesterday, Lawmakers effectively passed a $153 billion budget financing the record
school property tax cut of 2006, creating a cancer research fund, funding a health
opportunity pool that will help more Texans buy private health insurance, largely
increasing college financial aid, creating a new incentive program to meet higher
education goals, and dedicating $100 million to border security. The legislature's budget
included many of the governor's priorities presented in his State of the State Address.
Though there were some issues left unfinished such as property tax relief, true budget and
spending reform, and appraisal relief, Governor Perry commended legislators for their
service and looked optimistically toward the future. The governor concluded saying,
"My quarrel is not with where the dollars flow, but the lack of transparency,
accountability and budgetary honesty involved in how they are allocated. That being
said, important investments have been made that legislators can proudly proclaim.
Lawmakers came here with high hopes and have laid firm tracks that will continue
Texas' stride as a prosperous state."
The governor's scorecard listed:
The Good:
• "SB 10 and a rider in HB 1 give the Health and Human Services Commission the
authority to establish a premium assistance program to provide insurance to
uninsured Texans. The state is eligible to receive up to $1 billion annually in
federal funds that can be used to help individuals purchase private insurance.
Preliminary indications estimate funds will be available to cover at least 200,000
adults annually.
• Texas passed one of the most aggressive, comprehensive Medicaid reforms in the
country. SB 10 includes provisions for healthy lifestyle incentives for Medicaid
recipients, hospital financing reforms, establishment of a premium assistance
program for the uninsured, customized benefit packages, and co-payments for
emergency room use for non-emergency conditions. The bill will help Texas
control Medicaid spending while improving outcomes for clients and moving
more Texans to private insurance coverage.
• The legislature agreed with the governor's proposal to restore Medicaid provider
rates. That restoration became an essential part of the negotiations that resulted in
a settlement to the Frew v. Hawkins lawsuit.
• The Texas Water Development Board identified 19 reservoir sites in the 2007
State Water Plan, which SB 3 designates to keep local government from
interfering with their use as reservoirs.
• HB 1066 passed, creating the Texas Health Services Authority, anon-profit,
public-private collaborative that will receive private sector donations and federal
funds to develop health information technology policies and foster regional
collaboration.
• HB 921 passed, directing state agencies to develop data standards and a system
for sharing client data between agencies that provide health/social services to
improve the quality and efficiency of services provided.
• SB 10, the Medicaid reform bill, includes a new pilot program to promote the
adoption of electronic medical records through the Texas Medicaid program.
• The legislature passed HB 14 and HJR 90, establishing the Cancer Prevention and
Research Institute of Texas.
• SB 530 requires students in grades 6, 7, and 8 to take four to six semesters of
physical education and students in grades 3-12 to undergo fitness evaluations to
raise health awareness. Additionally the budget includes a rider in the Texas
Education Agency budget to provide $20 million for grant programs to assist
school districts with in-school physical health programs; $18 million to the
University of Texas Southwestern for obesity, diabetes and metabolism research;
$2 million to the Texas Agriculture Extension Service for obesity research; and
$800,000 to the Governor's Advisory Council on Physical Fitness.
• For the biennium, Texas will spend nearly $343 million on teacher incentive
programs. Of that, $195 million will reward teachers through the Governor's
Educator Excellence Awards and Awards for Student Achievement programs,
which apply to campuses with high populations of economically disadvantaged
students. Another $148 million rewards teachers in all campuses beginning in the
2nd year of the biennium in order to finance an additional teacher pay raise.
• The legislature appropriated $20 million to the Texas Workforce Commission for
the purpose of increasing childcare reimbursement rates for childcare providers
that participate in a school readiness integration project.
• $5 million was appropriated to fund the Amachi program, which is a statewide
program that provides one-on-one mentors to the children of incarcerated, or
paroled, men and women through Big Brothers Big Sisters.
• The legislature authorized more than $100 million for grant programs to support
high school reform, dropout prevention and college readiness.
• For the first time, a portion of funding for higher education institutions will be
based on achievement rather than just enrollment. This is a fundamental and
appropriate shift in the way taxpayers' funds are appropriated to universities and
colleges that will bring about greater accountability. $100 million for incentive
funding for the general academic institutions will help the state meet workforce
needs by targeting an increased number of graduates, especially in critical fields,
and improving the quality of education.
• An increase of $145.5 million will help more students afford college. This
includes an increase of $96.2 million for Texas Grants, $39.4 million for B-on-
Time, $5 million for Texas College Work Study and $5 million for Texas
Educational Opportunity Grant. Together, this will help 16,000 more students
afford college.
• The budget appropriates $14.7 million for the Professional Nursing Shortage
Reduction Program to recruit and retain nursing faculty and appropriates $4
million in proceeds from the tobacco lawsuit settlement to support innovative
nursing education programs.
• Thirty-six special items totaling $123 million are appropriated in line-items in a
manner that can be evaluated using gubernatorial veto authority.
• The legislature required that a database of state expenditures be established and
posted on the Internet in an electronically searchable format, making it easier for
the public to track state spending.
• HB 735 ends the Telecommunications Infrastructure Fund assessment, saving
ratepayers $421 million.
• HB 43 8 limits the amount that a homestead's appraised value can increase to no
more than 10% in a single year, regardless of when the property was last
appraised.
• HB 3496 increases taxpayer rights and extends taxpayer deadlines.
• HB 3024 requires the appraisal district to establish by clear and convincing
evidence the property's value in taxpayer protest hearings.
• HB 1634 authorizes the film incentives program to encourage film production in
Texas. HB 1 provides $22 million for film incentives.
• HB 3560 transfers procurement functions to the comptroller.
• $110 million was added to expand existing successful surge operations
coordinated by the Governor's Office of Homeland Security.
• HB 8 makes repeated sexual abuse of a child or children during at least a thirty
day period an offense; sets a twenty five year minimum sentence without the
offender having prior convictions; and allows young children witnesses to
reference abuse within a 30 day period, rather than a single date for a child to
remember.
• The budget provides nearly $240 million for rehabilitation and parole beds for
offenders.
• The legislature appropriated $15.8 million to help state and local governments
coordinate when disaster strikes.
• HB 1 provides for an $80 million increase in funding or a total of $338 for the
biennium for the Texas Emissions Reduction Plan. HB 1 also appropriates an
additional $92 million for the Low Income Vehicle Repair Assistance program
from the Clean Air Account to repair, retrofit and replace older, higher emission
ve is es.
• SB 247, the Sudan Divestment bill, requires the state Employees Retirement
System and the Teacher Retirement System to divest in companies doing business
m Su an.
• On May 12, 2007, Texans voted to extend property tax relief to senior citizens
and disabled individuals whose property tax amounts are frozen.
• HB 1 includes $75 million in new general revenue which along with previous
balances and interest results in an estimated $180 million for the Emerging
Technology Fund.
• HB 1 appropriates an estimated $200 million, including unexpended balances and
anticipated interest earnings for the Enterprise Fund.
• HB 1 appropriates $51 million to the Skills Development Fund, an increase of $11
million to provide customized j ob training to an additional 8,000 workers.
• SB 792 permits Texas' innovative toll road program to continue forward in a
cooperative fashion with TxDOT and local toll authorities using a variety of tools
to build the roads our growing state needs. Members passed atwo-year
moratorium on privately financed roads but exempted every road that would
conceivably be built using private financing during the next two years.
• HB 160 makes railroad relocation projects that reduce engine idling and air
pollution eligible to apply for TERP grants.
• HB 2702 provides a monthly health insurance subsidy of $150 through age 18 to
parents who adopt foster children who do not qualify for Medicaid.
• The legislature retained an existing rider in the Department of Family and
Protective Services budget of $1.2 million for faith-based foster family
recruitment and training.
• HB 15 contains a rider that requires Texas Southern University to establish and
implement a rehabilitation plan with an accountability system."
The Bad:
• "The legislature superseded Executive Order RP65 bypassing HB 1098. As a
result, only 25% of the applicable population will likely be vaccinated against the
most widespread sexually transmitted disease, as opposed to 95% if the HPV
vaccine was man ate .
• The amount of financial aid for higher education appropriated is less than half the
total requested by the governor, and no progress was made in consolidating the
numerous financial aid programs and increasing student accountability.
• Legislative leaders did not engage in any meaningful debate about the need for
more open and transparent state budget.
• HB 2560 would have required disclosure of school district books on the Internet
where parents and taxpayers could view school expenditures. The bill died in the
Senate.
• The governor proposed replacing the use of $1.2 billion in Fund 006 used to
finance non-transportation state agency operations and using those funds to
maintain and expand the state highway system. The legislature did not adopt this
funding strategy.
• The current 10% appraisal cap was maintained. Several bills that would have
reduced the appraisal cap to an amount less than 10% failed to pass.
• Several House and Senate bills, filed at the recommendations of the Task Force
on Appraisal Reform, did not receive legislative consideration. The bills would
have provided taxpayer protections and improved the fairness of the appraisal
system.
• The governor's proposed revisions to the spending limit, which would have
limited spending to population growth and inflation as calculated during the
previous six years, were never debated on the floor of either house.
• SB 163 8, which included new property in the calculation of the effective tax rate,
failed to pass the Senate.
• The Texas Windstorm Insurance Association is not adequately funded; therefore,
we must determine what actions can be taken during the interim.
• The governor recommended a $20 million appropriation pending the selection of
a Texas site for the FutureGen proj ect. The funds were to be used to implement
the near-zero emission coal fired power plant project. HB 1 did not include any
such appropriation.
• The legislature had an opportunity to provide an additional $2.5 billion in
property tax relief. HB 2785 would have reduced the property tax rate by
additional 6%, beyond the property tax relief provided in 2006.
• Despite the governor's proposal to appropriate $100 million to capitalize the
Railroad Relocation and Improvement Fund, a record budget surplus, and voters
approving the Railroad Relocation and Improvement Fund in November of 2005,
the legislature failed to appropriate money to the fund to move freight rail lines
out of our dense urban areas.
• HB 3973, clarifying the state's authority to enter into a lottery operation
agreement, was filed but never made it out of committee. The legislature missed
an unprecedented opportunity to create anywhere from $14 billion to $20 billion
in endowments, benefiting the state in perpetuity.
• Despite the governor's request that the Legislative Audit Committee meet to
determine if Texas Southern University had suffered gross fiscal mismanagement,
it has yet to meet. The governor worked with the legislature to craft SB 2039, an
option to placing TSU into conservatorship. The compromise language proposed
in SB 2039 would have allowed the governor an additional tool to deal with any
agency, including universities, suffering from a condition of financial or
administrative exigency that created a continuing or pervasive instability in
operations an management."
The Ugly:
• "The legislature not only overturned Executive Order RP 65, but it included a
rider in the budget to restrict the use of state funds to purchase or administer a
mandatory HPV vaccine program.
• The governor's higher education performance incentive funding proposal received
less funding than special-item earmarks, the higher education pork proposals that
were never debated but added to the budget, in many cases, in the final week of
t e session.
• Despite repeated efforts from the Governor's Office and others with interest in
accountability, the legislature refused to engage in any meaningful debate about
the need for more accessible higher education budgets. HB 3795, which repeals
the statutory requirement for higher education lump-sum funding, died in
subcommittee without a hearing.
• The governor's proposed budget included more than $2 billion for truth-in-
budgeting; the legislature's budget accomplishes a mere $554 million intruth-in-
budgeting. Additionally, budgetary shell games continue, including legislative
budget charts that mask more than $2 billion in education spending as property
tax relief. This phony number inflates the cost of keeping our property tax
promise, and made more difficult the passage of additional property tax relief.
• The legislature also passed a funds consolidation bill, HB 3107, which allows the
comptroller to sweep various dedicated accounts into the general revenue account
for one day in order to certify the budget. This budgetary gimmick flies in the
face of honest budgeting.
• Despite yearly public outcries for appraisal reform, the legislature again refused to
have a meaningful, open debate on this issue. Bills that would have instituted an
appraisal cap or revenue cap were left to die in House and Senate committees.
• While rehabilitation ofnon-violent offenders is important, so too are the mental
health needs oflaw-abiding Texans. Funding for substance abuse at the
Department of State Health Services decreased by $20.9 million. In effect, the
budget dedicates $205 million to providing treatment to 150,000 prisoners, while
cutting treatment funding for 22 million law-abiding citizens."
The governor will have until mid-June to veto any bills sitting on his desk.
SENATE -The Senate worked until after midnight three nights in the last week
accomplishing their business in a lengthy but routine manner. Before adjourning,
Senators elected Senator John Carona (R-Dallas) as President Pro Tempore of the Texas
Senate. He will serve as Governor of Texas at times when both the Governor and Lt.
Governor are out of the state.
About the session, Lt. Governor David Dewhurst said, "I want to congratulate members
of the Texas Senate and House for their five months of hard work on behalf of the people
of this great state. This has been a productive session. We've delivered the largest tax
cut in Texas history, increased funding for schools, colleges and universities, enhanced
border and homeland security, cracked down on child predators, and held down spending
to less than the rate of population growth plus inflation. Key legislation passed by the
Texas Senate and the 80th Legislature this year includes:
• $152.5 billion budget that reduces local school property taxes by $14.2 billion in
Fiscal Years 2008-2009, and sets aside $7.5 billion to guarantee continued
property tax relief in 2010-2011.
• Texas' version of Jessica's Law to strengthen laws against child predators,
including mandatory minimum 25-years to life sentences on a first sexually
violent offense and allows prosecutors the option of seeking the death penalty on
a second offense.
• Comprehensive water legislation to ensure Texas has an adequate new water
supply for the future.
• Over $200 million for additional law enforcement officers and improved
technology to enhance border and homeland security capabilities."
Lt. Governor Dewhurst thanked legislators for passing legislation that comprised his
Texas Children First initiative. In addition to Jessica's Law, other measures passed
including legislation to: enhance penalties against anyone who solicits a minor on the
Internet (SB 6); require all public schools to have at least one automated external
defibrillator on campus (SB 7); institute mandatory, random steroid testing for high
school athletes (SB 8); and require background checks for anyone who comes in contact
with children on a public school campus (SB 9). He said, "I believe by protecting our
children, we protect the future of our great state and I can't thank the members enough
for all they have done this session to make sure our children have the opportunity to grow
into safe, healthy and productive adults." Lt. Governor Dewhurst also praised the
Legislature for taking action to improve air quality, expand access to children's health
insurance, and deliver local school property tax relief to the elderly and disabled.
Additional achievements include funding for teacher pay raises and incentives to improve
performance and decrease dropouts as well as more than $1.3 billion in new funding for
universities and community colleges.
HOUSE -The House ended the session in the same way it started - with a speaker's race
controversy. While rumors of a move to ask Speaker Tom Craddick (R-Midland) to step
down were floating around the last two weeks of the session, the move finally came on
Friday night before the Memorial Day deadline for the session to end when
Representative Fred Hill (R-Richardson) made the motion to vacate the chair. Craddick
responded that he would not recognize that motion, that it is the speaker's prerogative to
recognize or not recognize any motion, and that the speaker's decision may not be
appealed. He added that the office of the speaker is a constitutional office and therefore,
the speaker could only be removed for cause and only by a 2/3 vote. He followed up by
entering his formal ruling in the j ournal saying, "The office of Speaker of the Texas
House of Representatives is the only constitutionally-mandated officer of the Texas
House by virtue of Article 3, Section 9 of the Texas Constitution... The Texas
Constitution speaks to the exclusive grounds for the removal of officeholders. Article 3,
Section 11 is specific to the legislature, and authorizes each house of the legislature to
expel members for offenses upon atwo-thirds vote... Independent of the foregoing, the
House Rules do not have a provision for members to remove a Speaker during mid-
session..." Later that night, the parliamentarian and assistant parliamentarian resigned
their positions and were replaced by former Representatives Terry Keel (R-Austin) and
Ron Wilson (D-Houston). Alexis DeLee, issued a statement on the rulings made by
Speaker Tom Craddick, "The Speaker's position is that he will see to it that the House
conducts the important business of the state. The other side wants to go outside the
House Rules to carry out a speaker's race during the session, and we are not going to play
that game."
Some of the fireworks continued through Saturday and Sunday while Craddick had
Speaker Pro Tempore Sylvester Turner (D-Houston) in the chair. Sunday night,
Representative Pat Haggerty (R-El Paso) was recognized for a personal privilege speech
and preceded to call the roll of House members asking them if they want the speaker
replaced. He didn't get very far before he was interrupted by House members who
obj ected to their names being called. He then asked his colleagues to take the keys to
their voting machines and join him in leaving the chamber. The walk-out broke quorum
and required the House to adjourn. Speaker Craddick issued another statement via Alexis
DeLee. "Once again, some members chose to divert the House away from important
matters and instead tried to drag the members into a Speaker's race while we are in
session. Speaker Craddick made a promise to the members of the House that he would
make sure their bills would be heard so their constituents concerns would be met. This
evening a number of bills were put into j eopardy -bills that would protect our water,
fund our parks and historical sites, lower electric rates, enhance air quality, and require
steroid testing in our public schools. It is his intention to take up and consider these and
other pieces of legislation before the session ends tomorrow at midnight."
On Sunday, House members reconvened and passed most of the remaining bills although
it took them until midnight to finish their business. Even though the House adjourned
sine die with Tom Craddick still in the speaker's chair, there is expected to be a spirited
speaker's race in the interim as several challengers to Speaker Craddick have announced
their intention to run for speaker including Republican Representatives Fred Hill, Jim
Keffer, Brian McCall, Jim Pitts, and Delwin Jones and Democrat Senfronia Thompson.
BIOTECHNOLOGY
HB 709 by Robert Puente (D-San Antonio) and Jane Nelson (R-Lewisville) requires the
executive commissioner of the Health and Human Services Commission to collect
information and prepare and update as necessary a brochure based on nationally
accepted, peer reviewed, scientific research information regarding stem cells contained
in the umbilical cord blood after delivery of an infant. The brochure must be
available on the department's website and be made available to physicians and pregnant
women upon request. Physicians are required to provide the brochure to their pregnant
patients and have to permit the mother to arrange for umbilical cord blood storage or
onation upon request.
BUDGET
HB 1 by Warren Chisum (R-Pampa) and Steve Ogden (R-Bryan) is the general
appropriations bill. It appropriates $152.5 billion from all fund sources for the 2008-09
biennium. (That amount excludes $14.2 billion in appropriations for property tax relief.)
The appropriated amount represents a $10 billion or 7% increase over the 2006-07
biennial level. General Revenue funds are $80.1 billion, an increase of $8.8 billion
(12.3%) over the 2006-07 spending level. Specifics include:
Health and Human Services - HB 1 includes $39.8 billion in all funds and $15.8
billion in General Revenue Funds for the Medicaid program. It represents an increase of
$2.3 billion in general revenue funds for Medicaid services to address caseload increases,
fund acute care cost growth, fund a full biennium of Medicare Giveback (clawback)
payments, reduce community care waiting lists, rebase hospital rates, increase staffing at
state schools, and fund rate restorations and increases. Also included is $1.8 billion in all
funds ($706.7 million in general revenue funds) appropriated in HB 15 to fund settlement
of the Frew v. Hawkins lawsuit and $248.6 million for nursing facility rate increases. It
includes $2.1 billion in all funds ($637.8 million in general revenue) for the Children's
Health Insurance Program. It represents an increase of $213.2 million in general revenue
funds to provide two years of pre- and post-natal services and dental premiums, address
caseload increases, fund cost growth, and fund rate restorations and increases. It includes
an increase of $89.5 million to change CHIP eligibility standards, contingent upon the
passage of HB 109. HB 1 provides an increase of $592.3 million in general revenue at
the Department of Family and Protective Services to replace other funds from the
Economic Stabilization Fund for foster care payments, adoption subsidy payments, and
child protective services reform. It includes an increase of $150.5 million in general
revenue at DFPS to annualize child protective services and adult protective services
reforms. It provides an increase of $82 million in general revenue to increase the
availability of mental health crisis services.
Public Education - HB 1 includes $24.7 billion in all funds for the foundation
school program. (That does not include $14.2 billion necessary to fund the cost of the tax
relief provisions in HB 1). The appropriated amount will provide for $1.6 billion in state
costs for equalized local enrichment tax effort (a $ l . l billion increase from the 2006-07
biennial level), and $1.6 billion in facilities funding. It provides $342.8 million in
general revenue for teacher incentive programs and $280 million for educator salary
increases.
Higher Education - HB 1 provides debt service for tuition revenue bond
increases of $313 million in general revenue to fully fund new authorizations adopted in
2006. Funding for the Higher Education Fund is also increased by $175 million. Student
financial aid is increased by $145.5 million. Enrollment growth is funded at the general
academic and health-related institutions resulting in a $49.2 million increase in general
revenue. Formula funding for all higher education institutions is increased by $261.4
million. Another 449 million in general revenue is included to fund the Texas Tech El
Paso Medical School and Texas A&M Pharmacy School in Kingsville. An increase of
$100 million in general revenue was added and other items combined to provide for a
Higher Education Performance Incentive Initiative (the governor's higher education
initiative).
Criminal Justice - HB 1 appropriates $4.6 billion in all funds for the
incarceration and treatment of adult felons (an increase of $369.4 million in general
revenue funds) to fund correctional population increases, increased funding for
rehabilitation programs, and increased operating costs. It provides an increase of $108.1
million in all funds for border security operations including funding for local law
enforcement surge operations, Joint Operation and Intelligence Centers, a Border
Security Operation Center, and additional Department of Public Safety troopers and
additional aviation support.
Transportation - HB 1 provides $16.7 billion in all funds for transportation
planning and design, acquisition ofright-of way, construction, and maintenance and
operation of the state's transportation system. The amount represents a $1 billion
increase in all funds, including an increase of $0.3 billion in federal funds and an increase
of $0.7 billion in other funds over the 2006-07 biennium, primarily due to increased
Texas Mobility Fund and State Highway Fund Revenue Bond proceeds.
Retirement Benefits -The Teacher Retirement System and Optional Retirement
Program state contribution rates are both increased from 6% to 6.58% which results in an
all funds increase of $635.7 million and $47.2 million over the 2006-07, respectively.
Contributions for retirement for state employees will increase by $87.3 million in all
funds and reflects a state contribution rate of 6.7% contingent on the passage of SB 1847
or similar legislation. In the event that SB 1847 does not pass, the appropriations would
be reduced by $26.4 million in all funds.
Employee Pay Raise -Contingent on sufficient increased revenue, HB 1
recommendations include $262.2 million in general revenue and $419.2 million in all
funds for an across-the-board state employee pay raise of 2% with a $50 per month
minimum in fiscal year 2008, and an additional 2% with a $50 per month minimum in
fiscal year 2009. These amounts also include the cost of a separate pay raise for law
enforcement personnel.
General Obligation Bonds - HB 1 has $30.3 million in debt service on $263.5
million of currently authorized Proposition 8 Bonds (2001). In addition, it has $56.7
million in debt service on $717.3 million in general obligation bond proceeds for 2008-
09, contingent on the passage of SJR 65 and SB 2033 and authorizes $1 billion in new
general obligation bond proceeds and subsequent approval by Texas voters of the bond
proposition.
HB 2 by Warren Chisum (R-Pampa) and Steve Ogden (R-Bryan) makes appropriations
of $4,231,466,000 for the fiscal year ending August 31, 2008 and $3,846,492 for the
fiscal year ending August 31, 2009 to the Texas Education Agency to offset local school
property tax reductions.
HB 15 by Warren Chisum (R-Pampa) and Steve Ogden (R-Bryan) is the supplemental
appropriations bill. It makes appropriations to:
1. Austin Community College - $3,678,942 for correcting the institution's
underreporting of its state-funded group health insurance enrollment for fiscal
years 2006 and 2007.
2. South Plains College - $1,424,764 for correcting the institution's underreporting
of its state-funded group health insurance enrollment for fiscal years 2006 and
2007.
3. Texas Department of Criminal Justice - $27 million for providing salaries and
wages, hazardous duty and longevity pay, overtime pay, contractual rate
adjustments, utilities, and fuel.
4. Texas Department of Criminal Justice - $12,940,619 to provide for correctional
managed health care.
5. Texas Medical Board - $1,222,827 to repay the Governor's Emergency and
Deficiency Grant awarded in fiscal year 2006 and provide for agency operating
expenses for licensing and enforcement; $600,248 for agency operating expenses
for licensing and enforcement; and authorizing the board to employ six additional
employees.
6. Texas Department of Licensing and Regulation - $463,202 to pay the
unanticipated costs of relocating the functions and operations and obligations of
the former Cosmetology Commission and the former Board of Barber Examiners.
7. Texas Building and Procurement Commission - $2,847,069 for making utility
payments.
8. Texas Southern University - $13,645,120 to provide deferred maintenance,
paying outstanding expenses, making emergency maintenance repairs, paying
contract deficits, paying audit and legal costs, providing funding for summer
school, and providing funding for the TSU/RIDS Charter School (contingent on
the passage of SB 2039).
9. Texas Southern University - $12.5 million for each fiscal year for the Texas
Southern University Academic Development Initiative (contingent on the passage
of SB 2039.)
10. Texas Forest Service - $44,730,767 for reimbursement of costs related to
wildfire.
11. University of Houston - $45,000 for salary, office, and travel expenses of the
Texas Forensic Science Commission.
12. Adjutant General's Department - $1,681,615 to pay salaries and wages and to
provide maintenance and operations.
13. Restoration of Reductions Related to Air Travel - $2,595 for the Structural Pest
Control Board; $33,370 to School for the Blind and Visually Impaired; $139,207
from School for the Deaf; and $3,383 to the Eleventh Court of Appeals in
Eastland.
14. Supreme Court - $50,747 to provide grants to appellate courts for additional court
staff to handle multi-district litigation cases.
15. Health and Human Services Commission - $4.5 million Texas Tech University
Health Sciences Center for federal funds match.
16. Health and Human Services Commission -transfer of funds for CHIP services.
17. Health and Human Services Commission - to increase staffing at the
commission.
18. Health and Human Services Commission - $110 million to carry out the
responsibilities ofthe agency.
19. Health and Human Services Commission - $1,779.9 million for the Frew v.
Hawkins lawsuit to provide a 25% increase in physician and other professional
reimbursement rates and 50% increase in dental reimbursement rates for services
to children enrolled in the medical assistance program.
20. Health and Human Services Commission - $1,073.2 million in federal funds for
Frew v. Hawkins settlement.
21. Department of Family and Protective Services - $3,717,114 in state and federal
funds for child protective services reforms.
22. Department of Aging and Disability Services - $27,236,354 in state and federal
funds to restore community care provider rates to 2003 levels.
23. Department of Aging and Disability Services - $18 million in general revenue and
$27.27 million in federal frund for Home Health Provider Rates.
24. Department of State Health Services - $11 million for purchasing antiviral drugs
for use in the event of an influenza pandemic.
25. Comptroller of Public Accounts - $4.1 million to support the comptroller's tax
administration duties and statewide fiscal responsibilities.
26. General Land Office and Veterans' Land Board - $2 million to remove and
dispose of the Zeus jack rig, an off shore oil platform abandoned in the Freeport
Channel.
27. Secretary of State - $5 million to reimburse counties for expenses incurred in
connection with the May 12, 2007 constitutional amendment election.
28. Texas Commission on Environmental Quality - $2.8 million to support efforts to
extinguish the fire in or near the city of Helotes on property owned by H.L.
Zumwalt Construction, Inc., that poses a potential threat to Edwards Aquifer
groundwater.
29. Texas Youth Commission - $20 million to provide for the agency's operating
expenses and video surveillance needs.
30. Data Center Services - $22,165,319 to several agencies for data center services;
and $50,351,368 to Department of Information Resources for data center services.
HB 3107 by Carl Isett (R-Lubbock) and Steve Ogden (R-Bryan) abolishes all dedicated
funds enacted during the 80th Legislative session on August 27, 2007 and re-creates them
as accounts within the general revenue fund. It does not apply to transportation
reinvestment, cancer prevention and research, nursing home quality assurance fee, state
highway funds, revenue collected by the Texas Parks and Wildlife Department, Texas
Department of Insurance funds, rural trauma funds, premium payment assistance account,
Texas Health Opportunity Pool, Sexual Assault Program, fire prevention and public
safety accounts, federal funds, trust funds, bond funds, or constitutional funds.
SB 470 by Kim Brimer (R-Fort Worth) and Jim Keffer (R-Eastland) allows the
comptroller to prescribe a uniform format for and a uniform method of reporting the
financial information included in a state agency's annual financial report and requires
state agencies to use the uniform format prescribed by the comptroller.
SB 1615 by Kip Averitt (R-Waco) and Carl Isett (R-Lubbock) requires state agencies to
report an uncollected and delinquent obligation that meets the referral guidelines
established by the attorney general to the attorney general for further collection efforts on
or before the 90th day after the date the obligation becomes past due or delinquent. If the
attorney general determines it to be economical and in the best interest of the state, the
attorney general is authorized to provide legal services for collection of the obligation;
authorize the state agency to employ one or more persons to collect the obligation; or
contract on behalf of the state agency with one or more persons to collect the obligation.
The comptroller is authorized to contract with a person for collecting obligations that do
not meet the referral guidelines adopted for collection by the attorney general. The
person collecting the obligation could retain no more than 30% of the full amount of the
obligation. The comptroller is also authorized to contract with one or more persons to
collect delinquent obligations that have been referred to the attorney general that the
attorney general has returned to the comptroller after exhausting all reasonable collection
efforts (subj ect to the approval of the attorney general).
SB 1719 by Steve Ogden (R-Bryan) and Warren Chisum (R-Pampa) makes $8,416,797 in
appropriations to pay miscellaneous claims and judgments against the state.
SB 2031 by Steve Ogden (R-Bryan) and Warren Chisum (R-Pampa) prohibits the
attorney general from entering into a settlement of a claim or action against the state
without the consent or approval of the legislature if the settlement requires the state to
pay total monetary damages in an amount that exceeds $25 million or commits the state
to a course of action that in reasonable probability will entail a continuing increased
expenditure of state funds over subsequent state fiscal biennia. It does not apply to a
refund of a tax, fee, or any related penalty or interest.
SJR 65 by Tommy Williams (R-The Woodlands) and Warren Chisum (R-Pampa)
proposes a constitutional amendment to authorize the issuance of up to $1 billion in
general obligation bonds for maintenance, improvement, repair, and construction
projects and for the purchase of equipment authorized by the legislature administered by
the Texas Building and Procurement Commission, the Parks and Wildlife Department,
the Adjutant General's department, the Department of State Health Services, the
Department of Aging and Disability Services, The Texas School for the Blind and
Visually Impaired, the Texas Youth Commission, the Texas Historical Commission, the
Texas Department of Criminal Justice, the Texas School for the Deaf, and the
Department of Public Safety.
ECONOMIC DEVELOPMENT
HB 374 by Joe Pickett (D-El Paso) and Judith Zaffirini (D-Laredo) requires state
agencies and other state governmental entities to allow a production company to use
any state building or grounds under the agency's control to produce a film, national
broadcast, episodic television series, or commercial that is approved by the Music, Film,
Television, and Multimedia Office. The Office can only approve a proposal if: the state
agency approves; the proposal will not significantly interfere with the conduct of state
business; the production company provides insurance; and the proposal is to produce a
film or broadcast with a total production cost of $250,000 or more or a commercial with a
total production cost of $100,000 or more.
HB 1188 by Geanie Morrison (R-Victoria) and Florence Shapiro (R-Plano) makes
changes to the Texas Emerging Technology Fund including:
• Allowing additional investment vehicles including equity, debt instruments, and
grants;
• Changing the term "grant" to "award" and allows the governor to make awards in
the form of loans, charge and receive reasonable interest for the loans, take an
equity position in the form of stock or other security in consideration of an award,
and sell or otherwise trade or exchange the security for the benefit of the fund;
• Allowing funding for activities that have the potential to result in a breakthrough
in the area of clean energy.
• Providing funding for administrative costs and for the Regional Centers of
Innovation and Commercialization; and
• Changing the allocation formula to 50% for incentives for private or nonprofit
entities to collaborate with public or private institutions of higher education on
emerging technology projects with a demonstrated economic benefit to the state;
16.67% (rather than 25%) to be used to match funding from research sponsors
other than the state, including federal research sponsors; and 33.33% (rather than
25%) to be used to acquire new or enhance existing research superiority at public
institutions of higher education.
HB 1470 by Rob Eisler (R-The Woodlands) and Kel Seliger (R-Amarillo) extends the
Texas Economic Development Act from December 31, 2007 to December 31, 201 1.
HB 1634 by Dawnna Dukes (D-Austin) and Bob Deuell (R-Greenville) changes the name
of the Film Industry Incentive Program to the Moving Image Industry Incentive
Program and changes qualifications for grants to $1 million in in-state spending (rather
than $500,000) and to $100,000 in in-state spending for a commercial (rather than
$50,000). It requires at least 70% of the production crew, actors and extras to be Texas
residents and at least 80% of the project to be filmed in Texas. It prohibits incentives for
"adult only" content productions and allows an application to be denied if the content is
inappropriate or portrays Texas or Texans in a negative fashion.
HB 2514 by Ruth Jones McClendon (D-San Antonio) and Royce West (D-Dallas)
authorizes a municipality with a population of more than one million to designate a
defined area in the municipality as an arts and entertainment district to develop a
public and private collaboration that plays a vital role in the cultural life and development
of the community in the district.
HB 2542 by Lois Kolkhorst (R-Brenham) and Craig Estes (R-Wichita Falls) is the sunset
bill for the Office of Rural Community Affairs. It continues the agency until
September 1, 2013.
HB 3446 by Patrick Rose (D-Dripping Springs) and Kevin Eltife (R-Tyler) authorizes the
Governor's Office of Economic Development to establish the Genuine Texas Program
to develop and expand markets for Texas manufactured products.
HB 3694 by Joe Deshotel (D-Beaumont) and Kyle Janek (R-Houston) makes several
technical corrections and updates to statutes relating to the enterprise zone program. It
raises the number of enterprise projects that can be designated during a biennium from 85
to 105 and allows any designations remaining at the end of a biennium to be carried
forward to the next biennium. It authorizes the Texas Economic Development Bank to
lower the designation level of a proposed proj ect if there are fewer designations available
than applications received or to further the economic interests of the state. It allows the
comptroller to monitor qualified business or enterprise project commitments and requires
the comptroller to submit a report to TEDB stating the actual amount of capital
investment made and the actual number of jobs created as a result of a project's
designation after the completion of an enterprise proj ect'sclose-out. It makes enterprise
projects eligible for a refund for purchases of all taxable items purchased for use at a
qualified business site related to an enterprise proj ect or activity.
SB 1089 by Florence Shapiro (R-Plano) and Fred Hill (R-Richardson) authorizes
economic development corporations to spend their tax revenue for the development,
improvement, expansion, or maintenance of facilities relating to the operation of
commuter rail, light rail, or motor buses.
SB 1128 by Glenn Hegar, Jr. (R-Katy) and Robby Cook (D-Eagle Lake) changes the
name of the Rural Foundation to the Texas Rural Foundation. It changes the number of
board members from five to an odd number of members between nine and 14 appointed
by the executive committee of the Office of Rural Community Affairs.
SB 1237 by Carlos Uresti (D-San Antonio) and Jose Menendez (D-San Antonio)
authorizes defense base development authorities to establish and operate an inland port
and related port facilities to engage in world trade.
SB 1264 by Kim Brimer (R-Fort Worth) and Vicki Truitt (R-Southlake) authorizes a
taxing unit that levies taxes on real property in a reinvestment zone to make a loan to the
board of directors of the zone for deposit in the tax increment fund for the zone if the
taxing unit determines that the loan is beneficial to, and serves a public purpose of the
taxing unit.
SB 1424 by Kim Brimer (R-Fort Worth) and Todd Smith (R-Euless) repeals the
minimum municipality population requirements for the use of the Other Events trust
fund. It allows a local organizing committee, endorsing municipality, or endorsing
county to request that the comptroller determine the economic impact of a qualifying
event six months before the event takes place (rather than three months).
SB 1440 by Glenn Hegar (R-Katy) and Bryan Hughes (R-Mineola) authorizes the Office
of Rural Community Affairs to assist volunteer fire departments and emergency
services districts in rural areas.
SB 1509 by Eddie Lucio, Jr. (D-Brownsville) and Lois Kolkhorst (R-Brenham)
authorizes the asset management division of the General Land Office to sell real property
to an economic development corporation.
SB 1523 by Jeff Wentworth (R-San Antonio) and Dawnna Dukes (D-Austin) establishes
the Sporting Event Trust Fund to help cities with at least 500,000 residents and
counties with a population of at least 800,000 recruit a National Collegiate Athletic
Association regional tournament, Senior Olympic activity, or major sporting event.
SB 1724 by Steve Ogden (R-Bryan) and Rick Noriega (D-San Antonio) abolishes the
Texas Military Facilities Commission and transfers its functions to the Adjutant
General. It creates the real property advisory committee to advise the adjutant general on
the facility master plan, the future year defense plan, the long range construction plan, the
selection of architecture and engineering firms, requests for bonding authority for state
military facilities, the disposal or sale of department property, surface leases of
department property, natural resources management plans, and environmental studies and
agreements.
SB 1956 by Leticia Van de Putte (D-San Antonio) and Frank Corte (R-San Antonio)
transfers the Defense Economic Adjustment Assistance Grant Program from the
Texas Department of Commerce (no longer in existence) to the Texas Military
Preparedness Commission and institutes evaluation criteria.
ENERGY/ELECTRIC
HB 624 by Phil King (R-Weatherford) and Troy Fraser (R-Marble Falls) requires an
electric utility or transmission and distribution utility to report to and obtain approval of
the Public Utility Commission before closing any transaction in which the electric utility
or transmission and distribution utility will be merged or consolidated with another
electric utility or transmission and distribution utility; at least 50% of the stock of the
electric utility or transmission and distribution utility will be transferred or sold; or a
controlling interest or operational control of the electric utility or transmission and
distribution utility will be transferred. It requires the commission to approve the
transaction if it is in the public interest within 180 days of the report.
HB 1090 by David Swinford (R-Dumas) and Mike Jackson (R-Pasadena) requires the
Texas Department of Agriculture to develop and administer an agricultural biomass
and landfill diversion incentive program to make grants to farmers, loggers, and
diverters who provide qualified agricultural biomass, forest wood waste, urban wood
waste, or storm-generated biomass debris to facilities that use biomass to generate
electrical energy in order to provide an incentive for the construction of facilities for that
purpose.
HB 1386 by Phil King (R-Weatherford) and Troy Fraser (R-Marble Falls) requires
owners of new nuclear electric generation units to pay decommissioning costs. The
Public Utility Commission is required to adopt rules to define the company's specific
duties as funds administrator and requirements regarding prudent management and
investment of nuclear decommissioning trust funds.
HB 2713 by Dennis Bonnen (R-Angleton) and Kip Averitt (R-Waco) creates the Interim
Special Committee on Electric Energy Generation Capacity and Environmental Impact to
conduct an interim study on the state's demand for electric generation capacity for
the next 50 years and the infrastructure and technology available for meeting that
demand; and the environmental effects of existing electric generating facilities, including
the effects on global warming or climate change.
SB 484 by Troy Fraser (R-Marble Falls) and Phil King (R-Weatherford) authorizes the
Electric Utility Restructuring Oversight Committee to study and seek policies to
ensure that fuel resources available to the state are used in a balanced and efficient
manner and consider the reliability, economic viability and the environmental impact of
new fuels on generation technologies. They are required to meet at least twice annually
and to encourage cooperation and coordination with the Public Utility Commission;
Texas Commission on Environmental Quality; Railroad Commission of Texas; Electric
Reliability Council of Texas; and office of the comptroller. The committee is required to
consider and discuss policies and strategies to ensure that fuel resources available to the
state are used in a balanced and efficient manner while taking into consideration the
reliability, economic viability, and environmental impact of fuels and technologies.
SB 495 by Leticia Van de Putte (D-San Antonio) and Joe Straus, III (R-San Antonio)
authorizes mtuiicipal electric utilities to enter into hedging contracts for coal and nuclear
fuel to protect against loss due to price fluctuations.
SB 831 by Rodney Ellis (D-Houston) and Joe Straus, III (R-San Antonio) authorizes
energy savings performance contracts to be financed up to 20 years (rather than 15
years) from the final date of installation. It clarifies that performance contracts can
include increased revenue capture resulting from more accurate water, electricity, and
other utility metering equipment and requires the equipment's accuracy to be reviewed
periodically by an independent professional engineer with experience in energy
calculation and review.
SB 1430 by Leticia Van de Putte (D-San Antonio) and Robert Puente (D-San Antonio)
specifies that funding of aloes-income customer assistance program is a lawful operation
and maintenance expense of a municipally owned electric or gas utility for a
municipality with a population of more than one million.
ENVIRONMENT
SB 3 by Kip Averitt (R-Waco) and Robert Puente (D-San Antonio) is an omnibus water
resources conservation bill. The provisions in the bill on environmental flows are the
same as HB 3. All provisions of HB 3 are in SB 3 except the sections relating to the
Edwards Aquifer. In addition to the environmental flows provisions, key issues in SB 3
include
Water Conservation Awareness Program -The Texas Water Development
Board is required to develop and implement a statewide water conservation awareness
program to educate residents of the state about water conservation.
Regional Water Plans - It requires the TWDB to review water conservation
plans and annual reports submitted by water utilities. It authorizes an expedited
amendment process for regional water plans and it directs the board to perform
compliance reviews of water conservation plans and annual reports.
Climate Change Study - It requires the TWDB incoordination with the Far
West Texas Regional Water Planning Group to conduct a study on the impact of climate
change on surface water supplies from the Rio Grande and to submit a report to the
legislature no later than December 3 1, 2008 on the impact.
Sustainable Water Supply Research Center -The TWDB is authorized to
establish and operate the Sustainable Water Supply Research Center at the University of
Texas at Arlington to conduct, sponsor, or direct multidisciplinary research directed
toward promoting water conservation through the development of a sustainable water
supply; and mitigating the effect of diminishing water supplies on the economy and
people of the state.
Water Conservation by Home-Rule Municipalities - It authorizes home-rule
municipalities to adopt and enforce ordinances requiring water conservation in the
municipality and by customers of the municipality's water and sewer utility in the
extraterritorial jurisdiction of the municipality.
Water Conservation Plan -The TCEQ must require a retail public utility that
provides potable water service to 3,300 or more connections to submit to the executive
administrator of the board a water conservation plan based on specific targets and goals
developed by the retail public utility and using appropriate best management practices or
other water conservation strategies.
Consolidated Billing and Collection - It authorizes a retail public utility
providing water service to contract with a retail public utility providing sewer service to
bill and collect the sewer service provider's fees and payments as part of a consolidated
process with the billing and collection of the water service provider's fees and payments.
Unique Reservoir Designation - It specifies that a site is considered to be a site
having unique value for the construction of a reservoir if that site is recommended for
designation in the 2007 State Water plan adopted by the TWDB. No state agency or
political subdivision of the state may obtain a fee title or an easement that would
significantly prevent the construction of a reservoir on any of the designated sites.
Region C Study Commission - It creates the Study Commission on Region C
Water Supply and requires the TWDB to provide staff support and funding for
professional services and for commission-related duties. The commission will review
water supply alternatives available to Region C including existing and proposed
reservoirs and groundwater supplies.
Legislative Joint Interim Committee - It creates a joint interim oversight
committee to review financing of water infrastructure projects and funding for water
programs administered by state agencies.
HB 3 by Robert Puente (D-San Antonio) and Kip Averitt (R-Waco) is an omnibus water
resources management bill dealing with environmental flows and the Edwards Aquifer
Authority. Key provisions include:
Emergency Authority to Set Aside Water - It clarifies that the Texas
Commission on Environmental Quality may use state water that is set aside by the agency
to meet the needs for freshwater inflows and maybe made temporarily available for other
essential beneficial uses if the agency finds that an emergency exists that cannot
practically be resolved in another way. It clarifies that the commission may suspend a
permit condition or make water available temporarily without notice.
Texas Water Trust - It specifies that a fee is not required for a water right that is
deposited into the Texas Water Trust.
Purposes for Which Water May beAppropriated - It amends the purposes for
which water maybe appropriated to clarify that water maybe appropriated to the extent it
has not been set aside by the agency to meet downstream instream flow needs for
freshwater inflow. It clarifies that all permit conditions relating to freshwater inflows to
affected bays and estuaries and instream flow needs must be subject to temporary
suspension if necessary for water to be applied to essential beneficial uses during
emergencies.
Enforcement - It requires TCEQ to enforce water rights that are converted to
environmental purposes in the same manner as that of other water rights.
Legislative Directive - It directs the TCEQ to establish an environmental set-
asidebelow which water should not be available for appropriation in those basins in
which water is available for appropriation; and to utilize a variety of market approaches
for filling the gap in those basins in which unappropriated water that will be set aside for
instream flow and freshwater inflow protection is not sufficient to fully satisfy the
environmental flow standards.
Environmental Flows Advisory Group - It establishes an Environmental Flows
Advisory Group to conduct public hearings and study public policy implications for
balancing the demands on the water resources of the state resulting from a growing
population with the requirements of the riverine, bay, and estuary systems including
granting permits for instream flows. The advisory group is required to define the
geographical extent of each river basin and bay system to develop environmental flow
regime recommendations and environmental flow standards.
Environmental Flows Science Advisory Committee - It establishes the
Environmental Flows Science Advisory Committee to serve as an objective scientific
body to advise and make recommendations to the advisory group on issues relating to the
science of environmental flow protection; and develop recommendations to help overall
direction, coordination and consistency relating to environmental flow methodologies and
programs and the work of the basin and bay expert science teams.
Water Rights for Instream Flows - It prohibits the TCEQ from issuing a new
permit for instream flows dedicated to environmental needs or bay and estuary inflows.
It allows the agency to approve an application to amend an existing permit or certificate
of adjudication to change the use or to add a use for instream flows dedicated to
environmental needs or bay and estuary inflows.
Civil Penalty - It authorizes the state to seek civil penalties for taking state water
without a permit regardless of whether a Watermaster has been appointed for the area
where the unlawful use is alleged to have occurred.
Parks and Wildlife Department -The Parks and Wildlife Department has the
rights of a water right holder of a water right that is help in the Texas Water Trust,
including the right to file suit; and the right to prevent any person from appropriating
water in violation of the set-aside.
Administrative Penalty -TCEQ is authorized to assess an administrative penalty
for a violation of a water right regardless of whether a Watermaster has been appointed
for the affected water area.
Water Rights Permit Applications - It adds as a condition under which the
TCEQ may grant an application for a water rights permit that the agency consider any
applicable environmental flow standards. Any permit for a new appropriation of water or
an amendment to an existing water right that increases the amount of water authorized to
be stored, taken, or diverted must include a provision for the commission to adjust the
conditions included in the permit or amended water right to provide for the protection of
environmental flows. TCEQ is prohibited from increasing the amount of the pass-
through orrelease requirement for the protection of instream flows of freshwater inflows
by more than 12.5%.
Environmental Flow Standards and Set-Asides -TCEQ is required to: adopt
appropriate environmental flow standards for each river basin and bay system in the state
that are adequate to support a sound ecological environment, to the maximum extent
reasonable considering other public interests and other relevant factors; establish an
amount of unappropriated water, if available, to be set aside to satisfy the environmental
flow standards to the maximum extend reasonable when considering human water needs;
and establish procedures for implementing an adjustment of the conditions included in a
permit or an amended water right.
Watermaster Advisory Committees -The executive director of TCEQ must
appoint a Watermaster Advisory Committee for each river basin or segment. Water
Advisory Committees must make recommendations to the executive director on water
rights, review and comment on the annual budget of the Watermaster.
Environmental Flows Funding -The Texas Water Development Board is
authorized to use money in the agency's research and planning fund.
Collection of Instream Flow Data -The deadline for the priority instream flows
study is extended from December 31, 2010 to December 31, 2016.
Edwards Aquifer Authority -The Edwards Aquifer Authority is authorized to
finance and design recharge facilities or contract for those purposes. The authority is
required to give notice of its intent to own, finance, design, construct, operate or maintain
recharge facilities. In limiting withdrawals of water from the aquifer, the authority is
required to recognize the extent of the hydro-geologic connection and interaction
between surface water and groundwater. It changes the pumping cap in the Edwards
Aquifer from 400,000 acre feet ofwater/year to 572,000 acre feet ofwater/year.
Withdrawal from the San Antonio Pool is prohibited unless the level of the aquifer is
higher than 675 feet above sea level; flow at Comal Springs is greater than 350 cfs; and
the flow at San Marcos Springs is greater than 200 cfs.
HB 4 by Robert Puente (D- San Antonio) and Kip Averitt (R-Waco) establishes that it is
the policy of the state to encourage voluntary water and land stewardship to benefit the
water in the state. Key provisions include:
Water Conservation Advisory Council - It establishes the Water Conservation
Advisory Council to: monitor trends in water conservation implementation; monitor new
technologies for water conservation; monitor the effectiveness of the statewide water
conservation public awareness program; develop and implement a state water
management resource library; develop and implement a public recognition program for
water conservation; monitor the implementation of water conservation strategies; and
monitor target and goal guidelines for water conservation. Membership of the board will
consist of 33 members from named stakeholder groups to serve staggered terms of six
years and elect one of their members to be the presiding officer. The Council is required
to conduct a study to evaluate the desirability of establishing a certified water
conservation training facilities and programs that provide assistance to retail public
utilities in developing water conservation plans; and give preference to certified water
conservation training facilities in making loans or grants for water conservation training
and education activities.
Retail Public Utilities - It requires retail public utilities providing water service
to 3,300 or more connections to submit water conservation plans based on specific targets
and goals using appropriate best management practices for water conservation. It also
requires such entities to submit annual reports, and requires the Texas Water
Development Board to establish rules to administer the review of the water conservation
plans and for enforcement for failure to submit an annual report.
Statewide Water Conservation Public Awareness Program - It requires the
Texas Water Development Board to develop and implement a Statewide Water
Conservation Public Awareness Program for water conservation education.
Reclaimed System Technologies - It requires the Texas Higher Education
Coordinating Board to encourage colleges and universities to develop curriculum and
instruction for on-site reclaimed system technologies, including rainwater harvesting,
condensate collection, or cooling tower blow down. It requires state agencies to
incorporate reclaimed system technologies into the design and construction of new state
buildings. It amends state standards for harvested rainwater to require, if connected to a
public water supply system, cross-connections and prohibits the use of harvested
rainwater except for nonpotable indoor purposes.
Water Conservation Ordinances - It allows ahome-rule municipality to adopt
and enforce ordinances requiring water conservation in the municipality and by
customers of the municipality's municipally owned water and sewer utility in the
extraterritorial jurisdiction of the municipality.
Irrigation Systems - It requires the Texas Commission on Environmental
Quality to adopt rules and enforce standards for the design, installation, and operation of
irrigation systems; water conservation; and the duties and responsibilities oflicensed
irrigators. It prohibits the TCEQ from adopting standards for irrigation that include water
conservation, irrigation system design and installation, and compliance with municipal
codes, and requires the agency to consult with the Council in setting water irrigation
standards.
Recycled Wastewater - It exempts from sales tax recycled wastewater used in
oil and gas activities.
HB 147 by Larry Phillips (R-Sherman) and Kel Seliger (R-Amarillo) authorizes Texas
Commission on Environmental Quality to allow a municipally owned utility, a water
supply or sewer service corporation, or a district, to defer payment of all or part of an
administrative penalty on the condition that the entity complies with all provisions for
corrective action in a commission order to address the violation. Any penalty deferred
will become due if the commission determines that the entity is not incompliance with a
provision for corrective action.
HB 536 by Vicki Truitt (R-Southlake) and Jeff Wentworth (R-San Antonio) removes the
requirement for one municipality to obtain written consent of another municipality when
annexing an area in a water or sewer district that is wholly or partly in the overlapping
extraterritorial jurisdiction of two or more municipalities if the area contains less than
100 acres; the annexing municipality, before June 1, 2005, annexed more than 50% of the
territory of the water or sewer district, as the district existed on the date of its creation;
and the entire water or sewer district would be contained in the annexing municipality
after completion of the annexation.
HB 713 by Bill Callegari (R-Katy) and Kel Seliger (R-Amarillo) allows fresh water
supply districts to enter into a contract with an authorized water district or a water
supply corporation to acquire, through the issuance of debt or other means and convey to
the authorized water district or water supply corporation all or part of a water supply,
treatment, or distribution system, a sanitary sewage collection or treatment system or
works or improvements necessary for drainage of land in the district.
HB 1251 by Dennis Bonnen (R-Angleton) and Jeff Wentworth (R-San Antonio) allows
public agencies, counties, and municipalities to enforce its grant of a franchise or
contract for solid waste collection and transportation services within its territory. It
authorizes the governing body of a municipality to provide that a franchise it grants or a
contract it enters into for solid waste collection and transportation services supersedes
inside of the municipality's boundaries any other franchise granted or contract entered
into. It prohibits a political subdivision from restricting the right of an entity to contract
with a licensed waste hauler for the collection and removal of domestic septage or of
grease trap waste, grit trap waste, lint trap waste, or sand trap waste.
HB 1254 by Dennis Bonnen (R-Angleton) and Kip Averitt (R-Waco) authorizes the
Texas Commission on Environmental Quality to adjust fees they deem necessary to
encourage electronic reporting and the use of the commission's electronic document
receiving system.
HB 1314 by Kevin Bailey (D-Houston) and Mike Jackson (R-Pasadena) authorizes
counties with a population of 3.3 million or more to prohibit a person from installing an
on-site sewage disposal system or installing a water well, if the lot or parcel of land on
which the on-site sewage disposal system or water well is to be installed has access to
service from a federally funded water or sewer utility system.
HB 1391 by Sylvester Turner (D-Houston) and John Whitmire (D-Houston) requires the
regulatory authority for a public utility to adopt standards for maintaining sufficient
water pressure for service to fire hydrants adequate to protect public safety in residential
areas in a municipality with a population of 1,000,000 or more. It requires the Water
Commission to assess residential areas in a municipality with a population of 1,000,000
or more to ensure that the regulatory authority for the area has adopted the required
standards and all public utilities serving the residential area are complying with the
required standards.
HB 1457 by Jim McReynolds (D-Lufkin) and Robert Nichols (R-Nacogdoches) deletes
from the list of acceptable ways to dispose of poultry carcasses "cooking for swine
food." It allows the storage of poultry carcasses on the site of a poultry facility for more
than 72 hours if the carcasses are refrigerated or frozen.
HB 1493 by Dennis Bonnen (R-Angleton) and Kyle Janek (R-Houston) creates the
Severe Storm Research and Planning Center to work with the University of Houston,
Rice University, Texas A&M University, and others to provide sophisticated modeling
that provide more accurate warnings when storms approach the Texas coasts.
HB 1526 by Wayne Smith (R-Baytown) and Kel Seliger (R-Amarillo) requires the Texas
Commission on Environmental Quality to establish a program that allows the owner or
operator of a facility to use voluntarily as a supplemental detection method any leak
detection technology that has been incorporated and adopted by the Environmental
Protection Agency into a program for detecting leaks or emissions of air contaminants.
The program must provide regulatory incentives to encourage voluntary use of the
supplemental leak detection technology at a regulated facility that is capable of detecting
leaks or emissions that may not be detected by methods or technology approvable under
the commission's regulatory program for leak detection and repair in effect on the date
the commission adopts the program.
HB 1656 by Robert Puente (D-San Antonio) and Kip Averitt (R-Waco) requires persons
who inspect an irrigation system for a municipality or water district to be licensed. It
prohibits a person from licensure if the person engages in or has a financial or advisory
interest in an entity that services or repairs irrigation systems. A water district is
authorized to adopt and enforce rules that require an installer of an irrigation system to
hold a license and to obtain a permit before installing a system within the boundaries of
the district.
HB 1871 by Helen Giddings (D-De Soto) and Troy Fraser (R-Marble Falls) requires
persons who are in the business or recycling, shredding, or destroying plastic bulk
merchandise containers before purchasing five or more plastic bulk merchandise
containers to obtain proof of ownership for the containers.
HB 1956 by Kelly Hancock (R-North Richland Hills) and Kim Brimer (R-Fort Worth)
authorizes the Texas Commission on Environmental Quality to order an owner or
operator of an underground storage tank that fails to maintain acceptable evidence of
financial responsibility to place the tank out of service, and requires an insurance
company or other entity that provides insurance coverage or another form of financial
assurance to an owner or operator of an underground storage tank to notify TCEQ if the
insurance coverage or other financial assurance is canceled or not renewed.
HB 1967 by David Farabee (D-Wichita Falls) and Kip Averitt (R-Waco) allows common
carrier status for anyone who owns, operates, or managed a pipeline offered to the public
for hire to carry carbon gasification feedstock or products, if the person agrees to accept
Texas Railroad Commission regulation. It adds pipelines carrying carbon gasification
feedstock or products to the list of pipelines under the jurisdiction of the Texas Railroad
Commission.
HB 2018 by Betty Brown (R-Athens) and Bob Deuell (R-Greenville) removes the 20,000
population limitation in the current law on municipalities for municipal settings
designations and would allow cities of any size to utilize municipal settings designations
for remediation of groundwater under a property.
HB 2285 by Warren Chisum (R-Pampa) and Kel Seliger (R-Amarillo) exempts the
applicant for a license or registration related to the disposal of low-level radioactive
materials from paying an application fee to the Texas Department of Health. It prohibits
the Texas Department of Health from assessing a fee on a local law enforcement agency
for the licensing and registration of an X-ray machine that is used to screen packages or
other objects the agency suspects may contain an explosive or other item that would pose
a danger to the public health and safety.
HB 2417 by David Swinford (R-Dumas) and Kip Averitt (R-Waco) transfers
responsibility for and the management of the Fuel Ethanol and Biodiesel Production
Incentive Program from the Texas Economic Development and Tourism office to the
Texas Department of Agriculture.
HB 2482 by Robby Cook (D-Eagle Lake) and Craig Estes (R-Wichita Falls) provides for
an exception to the prohibition against the Texas Commission on Environmental Quality
conditioning permits or the approval of permits for on-site sewage disposal systems
using aerobic treatment for single-family residences based on whether they have a
maintenance contract for an on-site sewage disposal facility. It allows the homeowner
the option of maintaining his/her own on-site sewage disposal facility, except where
prohibited by local order or resolution.
HB 2541 by David Leibowitz (D-San Antonio) and Carlos Uresti (D-San Antonio)
requires Texas Commission on Environmental Quality to adopt rules regarding the size,
content, and fire safety for recycling facilities. It authorizes TCEQ to use funds in the
Solid Waste Disposal Account to respond to or remediate fires or other emergency
situations at solid waste, recycling facilities, or composting facilities, and allows the
agency to recover costs from a responsible party.
HB 2608 by Bryan Hughes (R-Mineola) and Kevin Eltife (R-Tyler) requires the Texas
Higher Education Coordinating Board to expend money from legislative appropriations
to support applied research on a clean coal project or electricity generation using lignite
coal deposits or integrated gasification combined cycle technology.
HB 2714 by Dennis Bonnen (R-Angleton) and Kirk Watson (D-Austin) is the
Manufacturer Responsibility and Consumer Convenience Computer Equipment
Collection and Recovery Act.
Manufacturers - It requires manufacturers of computer equipment to adopt and
implement a recovery plan for used computer equipment and affix a permanent, readily
visible label to the computer equipment with the manufacturer's brand. The recovery
plan must enable a consumer to recycle computer equipment without paying a separate
fee at the time of recycling and must include provisions for the manufacturer's collection
from a consumer of any computer equipment that has reached the end of its useful life
and is labeled with the manufacturer's brand and the recycling or reuse of the computer
equipment collected.
Recovery Plan -The recovery plan must be reasonably convenient and available
to and designed to meet the collection needs of consumers. It may include returning
computer equipment by mail, a physical collection site; or a collection event. The
recovery plan must include information for the consumer on how and where to return the
computer equipment and be provided to the commission, via the Internet, and maybe
included in the packaging of the product.
Reporting -Manufacturers are required to annually submit to TCEQ a
documented report that includes the weight of equipment collected, recycled and reused.
Retailers - It prohibits a retailer from selling new computer equipment unless it
shows a manufacturer's label and the manufacturer is listed as having a recovery
program.
Consumer Education -TCEQ is required to educate consumers on the
collection, recycling and reuse of computer equipment via an Internet website hosted by
the agency or the agency's designee and provide information on the manufacturers'
collection and recycling programs and events, sites, and reuse programs.
Compliance -TCEQ is authorized to conduct audits and inspections to ensure
compliance. The attorney general is authorized to file suit to enjoin an activity in
violation of this law. Consumers are responsible for any information left on recycled
equipment.
Standards -TCEQ is required to adopt standards for recycling or reuse of
computer equipment according to Electronics Recycling Operating Practices approved by
the Institute of Scrap Recycling Industries or another comparable nationally recognized
organization.
State Procurement -State vendors must comply with this law and state agencies
must require prospective bidders to certify compliance with the law. Preference in
contracting must go to a manufacturer that has a program to recycle the computer
equipment of other manufacturers.
Federal Preemption - If federal law establishes a national computer recycling
program that is equivalent, federal law preempts state law. The penalty for a
manufacturer that violates this law is $10,000 for the second offense and $25,000 for
each subsequent violation.
HB 2910 by Dan Gattis (R-Georgetown) and Steve Ogden (R-Bryan) authorizes
municipalities to regulate rock quarries if they determine that the health, safety, or
welfare of the residents of the municipality may be negatively affected by the disposal of
byproducts or operation of the quarry; the quarry site or the operation of the quarry fails
to comply with the land use zoning regulations of the municipality; or the quarry site or
the operation of the quarry fails to correspond with the municipality's land use and
development plans.
HB 2983 by Brandon Creighton (R-Conroe) and Glenn Hegar, Jr. (R-Katy) requires a
petition for the creation of a fresh water supply district to be signed by a majority of
the persons who hold title to land in the proposed district that represents a total value of
more than 50% of the value of all land in the proposed district.
HB 3017 by Robert Puente (D-San Antonio) and Kip Averitt (R-Waco) makes technical
changes to statutes relating to the certification of water treatment specialists. It
transfers water treatment specialist licensing requirements from the Health and Safety
Code to the Occupations Code but the certification program for water treatment
specialists remains with the Texas Commission on Environmental Quality.
HB 3070 by Mark Strama (D-Austin) and Kirk Watson (D-Austin) requires the State
Energy Conservation Office to conduct a study to examine methods for introducing
information into the marketplace about the energy efficiency of residential real
property.
HB 3098 by Robert Puente (D-San Antonio) and Kip Averitt (R-Waco) allows the Texas
Commission on Environmental Quality to levy a fee of not more than $13,000 for
reviewing and approving a contributing zone plan if the plan is for a development of
more than 40 acres. It would prohibit fee revenues from being expended for anything
other than monitoring surface water, stormwater and groundwater quality in the Edwards
Aquifer Program areas or developing geographic information systems data layers for the
Edwards Aquifer Program.
HB 3220 by Gary Elkins (R-Houston) and Mike Jackson (R-Pasadena) expands the
classes of persons allowed to participate in the dry cleaner remediation fund to include
property owners; extends the benefit eligibility until Dec. 31, 2007, and requires payment
of an annual registration fee of $1,500 and late fees for registering as a new participant.
HB 3353 by Pat Haggerty (R-El Paso) and Eliot Shapleigh (D-El Paso) repeals
subchapter B, Chapter 67.051 of the Water Code which sets out procedures for the
dissolving of water supply or sewer corporations and transference of their assets to a
municipality.
HB 3378 by Vicki Truitt (R-Southlake) and Kim Brimer (R-Fort Worth) requires
municipalities with a population of 500,000 or more 1.4 million or more in which two or
more cities or town with a population of 300,000 or more are predominately located to
give written consent before creation or expansion of water districts.
HB 3475 by Pete Gallego (D-Alpine) and Carlos Uresti (D-San Antonio) authorizes
counties located adj acent to an international border in which a military installation and a
national recreation area are located to acquire, construct, or operate a water supply
system or a sewage system to serve unincorporated areas of the county.
HB 3554 by Carl Isett (R-Lubbock) and Robert Duncan (R-Lubbock) requires the Texas
Commission on Environmental Quality to use risk-based corrective action in response to
a release from an underground or aboveground storage tank. It extends the operating
period and funding for the Petroleum Storage Tank Remediation Program and
extends: the deadline for reimbursements for corrective actions from August 31, 2007 to
August 31, 201 l; the deadline for placing sites in the state lead program from July 1,
2007 to July 1, 2011; and the deadline for submitting reimbursement claims from March
1, 2008 to March 1, 2012. It extends the petroleum products delivery fee through August
31, 2011 at a rate equal to one-third the current rate.
HB 3581 by Charlie Howard (R-Sugar Land) and Jeff Wentworth (R-San Antonio)
include in the costs that a county may asses for abating a nuisance all costs of
management, remediation, storage, transportation, disposal, damages or other expenses
incurred by the county.
HB 3594 by Richard Raymond (D-Laredo) and Judith Zaffirini (D-Laredo) requires
Texas Department of Transportation to erect and maintain border inspection facilities
along a major highway at or near a border crossing from Mexico in Pharr (rather than
Brownsville), Laredo and El Paso for the inspection of motor vehicles for compliance
with federal and state commercial motor vehicle regulations.
HB 3732 by Rick Hardcastle (R-Vernon) and Kip Averitt (R-Waco) establishes the
Advanced Clean Energy Project Grant and Loan Program administered by the State
Energy Conservation Office to encourage the development of advanced clean energy
projects in an environmentally protective manner. Bonds are authorized to fund the
program. The office is authorized to award up to $20 million in grants under the program
each biennium and up to $10 million to make or guarantee loans. It requires the Texas
Commission on Environmental Quality to establish a permitting procedure for advanced
clean energy projects and to issue a final order issuing or denying a permit for an
ultraclean energy project within nine months of the completion of the technical review of
the application. It requires the Texas Commission on Environmental Quality to establish
a nonexclusive list of facilities, devices, or methods for the control of air, water, or land
pollution and update the list every three years. It prohibits a tax on the gross receipts
from the sale of electricity generated by an advanced clean energy project. The
comptroller is required to transfer the first $30 million in revenue collected from the
gross receipts of utilities in a biennium to the advanced clean energy project account.
HB 3776 by Robert Puente (D-San Antonio) and Jeff Wentworth (R-San Antonio) allows
the Texas Water Development Board to approve a regional water plan for District L for
the most recent reporting period that was submitted late and include it in the state water
plan.
HB 3837 by Yvonne Gonzalez Toureilles (D-Alice) and Glenn Hegar Jr. (R-Katy)
clarifies that the Railroad Commission had the authority to issue permits for uranium
exploration and gives them jurisdiction over uranium exploration holes and cased
exploration wells until they are plugged and abandoned or registered with the Texas
Commission on Environmental Quality.
SB 3 by Kip Averitt (R-Waco) and Robert Puente (D-San Antonio) is an omnibus water
resources conservation bill. The provisions in the bill on environmental flows are the
same as HB 3. All provisions of HB 3 are in SB 3 except the sections relating to the
Edwards Aquifer. In addition to the environmental flows provisions, key issues in SB 3
me u e:
Water Conservation Awareness Program -The Texas Water Development
Board is required to develop and implement a statewide water conservation awareness
program to educate residents of the state about water conservation.
Regional Water Plans - It requires the TWDB to review water conservation
plans and annual reports submitted by water utilities. It authorizes an expedited
amendment process for regional water plans and it directs the board to perform
compliance reviews of water conservation plans and annual reports.
Climate Change Study - It requires the TWDB incoordination with the Far
West Texas Regional Water Planning Group to conduct a study on the impact of climate
change on surface water supplies from the Rio Grande and to submit a report to the
legislature no later than December 3 1, 2008 on the impact.
Sustainable Water Supply Research Center -The TWDB is authorized to
establish and operate the Sustainable Water Supply Research Center at the University of
Texas at Arlington to conduct, sponsor, or direct multidisciplinary research directed
toward promoting water conservation through the development of a sustainable water
supply; and mitigating the effect of diminishing water supplies on the economy and
people of the state.
Water Conservation by Home-Rule Municipalities - It authorizes home-rule
municipalities to adopt and enforce ordinances requiring water conservation in the
municipality and by customers of the municipality's water and sewer utility in the
extraterritorial jurisdiction of the municipality.
Water Conservation Plan -The TCEQ must require a retail public utility that
provides potable water service to 3,300 or more connections to submit to the executive
administrator of the board a water conservation plan based on specific targets and goals
developed by the retail public utility and using appropriate best management practices or
other water conservation strategies.
Consolidated Billing and Collection - It authorizes a retail public utility
providing water service to contract with a retail public utility providing sewer service to
bill and collect the sewer service provider's fees and payments as part of a consolidated
process with the billing and collection of the water service provider's fees and payments.
Unique Reservoir Designation - It specifies that a site is considered to be a site
having unique value for the construction of a reservoir if that site is recommended for
designation in the 2007 State Water plan adopted by the TWDB. No state agency or
political subdivision of the state may obtain a fee title or an easement that would
significantly prevent the construction of a reservoir on any of the designated sites.
Region C Study Commission - It creates the Study Commission on Region C
Water Supply and requires the TWDB to provide staff support and funding for
professional services and for commission-related duties. The commission will review
water supply alternatives available to Region C including existing and proposed
reservoirs and groundwater supplies.
Legislative Joint Interim Committee - It creates a joint interim oversight
committee to review financing of water infrastructure projects and funding for water
programs administered by state agencies.
SB 12 by Kip Averitt (R-Waco) and Dennis Bonnen (R-Angleton) makes changes to the
Texas Emissions Reduction Plan (TERP) and the Low-Income Vehicle Repair
Assistance Program (LIRAP):
Low Income Vehicle Repair and Assistance Program - It expands eligibility for
LIRAP funds to include vehicle owners at 300% of the federal poverty level. It increases
the replacement amount of a motor vehicle to $3,000, or $3,500 if replaced with a hybrid
vehicle. Eligible vehicles are current model year or previous 3 model years for cars;
previous 2 model years for trucks; or previous model year for hybrids.
Motor Vehicle Recyclers - It stipulates that recyclers of the LIRAP vehicles are only
required to pay for the transport costs to get the vehicle to their facility.
Texas Mobility Fund - It retains the transfer of Texas Emission Reduction Program
funds from title transfers to the Texas Mobility Fund in 2010, but extends an existing
provision requiring reimbursement by Texas Department of Transportaion to keep TERP
whole until 2015.
Texas Emission Reduction Plan - It increases the per ton cap for TERP
programs from $13,000 to $15,000.
State Agencies - It requires state agencies and institutions of higher education, in
addition to political subdivisions, to implement all cost effective energy efficiency
measures and to establish a goal to reduce energy consumption by 5% each year for six
years.
Residential Code - It allows the State Energy Conservation Office to adopt
revisions to the international residential code if recommended by the Energy Systems Lab
and requires SEGO to get stakeholder input.
Air Quality Violations - It clarifies that self reported Texas Commission on
Environmental Quality violations that do not require formal enforcement shall not be
included in a proposed enforcement action unless they are repeat violations or they have
not been corrected within the timeframe specified by the TCEQ.
Concrete Batch Plants - It requires TCEQ to give notice for an application for a
concrete batch plant to county and municipal officials.
Houston Area Research Center - It makes changes to the administrative
practices and structure of the Houston Advanced Research Center which is administering
the new technology research and development program and subjects HARC for the first
time to open government and public information laws.
Engine Testing Facility - It allows TCEQ to make grants for the establishment
of an engine testing facility to evaluate advanced technology and fuels for producing
emissions reductions.
Residential Solar Electric Systems - It requires TCEQ to issue a grant for a
demonstration program for installation of residential solar electric systems.
SB 387 by John Carona (R-Dallas) and Linda Harper Brown (R-Irving) adds "refuse"
(trash, rubbish, garbage, or other discarded material) to the list of loose materials that
can only be transported if covered or transported in a way to prevent it from blowing
off or spilling over the load-carrying compartment.
SB 585 by Leticia Van de Putte (D-San Antonio) and David McQuade Leibowitz (D-San
Antonio) requires the Edwards Aquifer Authority to adopt rules for the control of fires
in the aquifer's recharge zone.
SB 616 by Robert Duncan (R-Lubbock) and Robert Puente (D-San Antonio) authorizes
the executive administrator, with the approval of the Texas Water Development Board to
acquire, apply for, register, secure, hold, protect, and renew a patent for the invention or
discovery of any new and useful process, machine, manufacture, composition of matter,
art, or method or any new use of a known (or improvement on a known) process,
machine, manufacture, composition of matter, art, or method.
SB 622 by John Carona (R-Dallas) and Bill Callegari (R-Katy) requires the executive
administrator of the Water Development Board to collect date related to emergency
management as part of the Texas Natural Resources Information System. It moves the
deadline from September 1 to November first the deadline for the biennial report from
The Texas Geographic Information Council on the use of geospatial data (GIS)
technology by state government.
SB 657 by Kel Seliger (R-Amarillo) and Robert Puente (D-San Antonio) changes the
amount from $25,000 to $50,000 for which a water district has to require a contractor to
submit a bond before bidding on a construction project.
SB 662 by Jeff Wentworth (R-San Antonio) and Harvey Hilderbran (R-Kerrville)
requires the Texas Commission on Environmental Quality, in consultation with the Texas
Water Development Board, to adopt rules requiring persons who submit subdivision
plats to transmit to the Texas Water Development Board and appropriate groundwater
conservation districts any groundwater information which would be useful to the
agencies.
SB 714 by Troy Fraser (R-Marble Falls) and Robert Puente (D-San Antonio) allows a
groundwater conservation district to adopt rules requiring an owner or operator of a
water well used in connection with oil or gas well operations to report groundwater
withdrawals using reasonable and appropriate reporting methods and frequency.
SB 747 by Kirk Watson (D-Austin) and Valinda Bolton (D-Austin) authorizes the
Barton Springs-Edwards Aquifer Conservation District to increase production fees on
all conditional permits and materially amended permits at their next renewal date to not
more than the greater of 38 cents per thousand gallons or the raw surface water cost of
other wholesale suppliers serving customers in the district. The district is authorized to
adopt a differential rate structure for the nonagricultural production fees to promote
alternatives to the exclusive use of groundwater resources. The district is also authorized
to restrict groundwater production during a drought.
SB 814 by Kyle Janek (R-Houston) and Dawnna Dukes (D-Austin) allows the
Department of State Health Services to establish standards for follow-up care provided to
children with a confirmed blood led level of concern. The standards may include an
environmental lead investigation of the child's home, child-care facility (with written
permission of the owner or operator), or child-occupied facility that may be a source of a
lead hazard causing or contributing to the child's lead exposure. The standards can also
include guidance to parents, guardians, and consulting physicians on how to eliminate or
control lead exposures that may be contributing to the child's blood lead level.
SB 1037 by Robert Duncan (R-Lubbock) and Drew Darby (R-San Angelo) requires The
Texas Commission on Environmental Quality to regulate evaporation pits utilized to
evaporate water and collect brine water or residual salts and minerals not regulated by the
Texas Railroad Commission. It requires owners or operators of an evaporation pit to
ensure that the pit has a liner designed by a licensed engineer that meets standards at least
as stringent as those applying to a Type 1 landfill. It also requires owners and operators
to have financial assurance and requires the Texas Commission on Environmental
Quality to adopt rules to protect surface water and groundwater from the risks from
commercial groundwater evaporation pits and to levy cost recovery fees.
SB 1271 by Royce West (D-Dallas) and Helen Giddings (D-Desoto) authorizes counties
to finance (current law allows them to acquire, own, operate, or contract for the operation
o~ a water or sewer utility system to provide water and sewer services within the
municipality. It lowers the population threshold from 2.8 million to 2 million for
counties to serve an area within a municipality.
SB 1383 by Kel Seliger (R-Amarillo) and John Smithee (R-Amarillo) establishes
procedures related to an investigation and a hearing conducted by a groundwater
conservation district in response to a complaint or suit by an owner of a well regarding
another person operating or drilling wells without a permit or in violation of the
district's rules.
SB 1436 by Royce West (D-Dallas) and Brandon Creighton (R-Conroe) transfers the
National Flood Insurance Program from Texas Commission on Environmental Quality
to the Texas Water Development Board. It requires the Texas Water Development Board
to make floodplain maps and make floodplain information accessible to the public
through the agency's website and requires them to provide public education and outreach
through the agency's field offices to encourage participation in the program. The first
3.05 million of insurance mainte
SB 1461 by Kel Seliger (R-Amarillo) and George "Buddy" West (R-Odessa) authorizes
the governor to contract for the state with atax-exempt organization including the
FutureGen Industrial Alliance, Inc., to implement a clean coal project. It authorizes the
governor and the comptroller to j ointly adopt provisions for issuing franchise tax credits
to the entity to promote research and development activities related to a clean coal
project. The authority expires if FutureGen Industrial Alliance loses its qualification as a
tax-exempt entity. The Bureau of Economic Geology and the University of Texas at
Austin are required to monitor, measure, and verify the permanent status of sequestered
carbon dioxide in which the commission has acquired the right, title and interest. It
authorizes the Texas Department of Criminal Justice (in addition to the University of
Texas System) to enter into a lease with an owner or operator of a clean coal project. A
state agency is authorized to request the attorney general to represent the agency in a
legal proceeding that arises from an escape or migration of carbon dioxide captured or
sequestered in connection with a clean coal project. If the attorney general declines, the
agency can acquire outside counsel for the matter.
SB 1524 by Jeff Wentworth (R-San Antonio) and Harvey Hilderbran (R-Kerrville)
provides that a person who excavates, removes, destroys, injures, alters in any significant
way, or defaces any part of a cave owned by the state without a permit, commits a Class
A misdemeanor, except in the case when the person was convicted of a previous
violation, in which case the person penalty is a state jail felony. A person who knowingly
vandalizes a cave by breaking, cracking, carving, or harming the surface can be charged
with a state jail felony.
SB 1604 by Robert Duncan (R-Lubbock) and Dennis Bonnen (R-Angleton) transfers the
authority to regulate radioactive substances including low-level radioactive waste from
the Department of Health and Human Services to Texas Commission on Environmental
Quality. It requires the Texas Commission on Environmental Quality to regulate and
license the disposal of radioactive substances; the processing or storage of low-level
radioactive waste or naturally occurring radioactive material waste received from other
persons, except oil and gas naturally occurring radioactive material; the recovery or
processing of source material and byproduct material; and sites for the disposal of low-
levelradioactive waste, by-product material, or naturally occurring radioactive material
waste. It requires license holders authorized to dispose of a radioactive substance from
other persons to remit 10% of the license holder's gross receipts - 5% goes to the
comptroller and 5% stays in the host county. It allows Texas Commission on
Environmental Quality to issue injection well permits for uranium mining.
SB 1665 by Kip Averitt (R-Waco) and Dennis Bonnen (R-Angleton) prohibits Texas
Commission on Environmental Quality from adopting or enforcing rules which limit
emissions from residential water heaters to less than 40 nanograms of nitrogen oxides
per joule unless a lower limit is established by a federal statute or rule.
SB 1666 by Kip Averitt (R-Waco) and Frank Corte (R-San Antonio) prohibits the
Railroad Commission from filing a lien against a person who owned the surface before
May 2,1977 of land adversely affected by past mining practices and reclaimed by the
commission.
SB 1667 by Averitt (R-Waco) and Frank Corte (R-San Antonio) increases the maximum
penalty fee for a violation of a coal mining and reclamation operations or underground
mining operations permit from $5,000 to $10,000
SB 1670 by Kip Averitt (R-Waco) and Myra Crownover (R-Denton) requires outstanding
reconnection fees to be paid by oil and gas operators to be paid before receiving or
renewing a certificate of compliance from the Railroad Commission. It prohibits the
operation of any well if the person operating the well does not show a certificate of
compliance or if the certificate of compliance has been cancelled.
SB 1672 by Kip Averitt (R-Waco) and Dennis Bonnen (R-Angelton) changes Texas
Commission on Environmental Quality's requirement for the Clean Air Interstate Rule
number of control periods from seven to nine by shifting the allocation update from 2016
to 2018.
SB 1673 by Kip Averitt (R-Waco) and Dennis Bonnen (R-Angleton) allows the Texas
Commission on Environmental Quality to move up the renewal of an air permit to
coincide with a permit amendment that requires public notice.
SB 1762 by Eliot Shapleigh (D-El Paso) and Ryan Guillen (D-Rio Grande City) requires
the Texas Water Development Board incoordination with the Far West Texas Regional
Water Planning Group to conduct a study on the possible impact of climate change on
surface water supplies from the Rio Grande.
SB 1932 by Carlos Uresti (D-San Antonio) and Robert Puente (D-San Antonio) allows
local governments to assess fees to fund the implementation, administration and
operation of stormwater permitting programs, and prohibits these regulating entities
from assessing a fee against property that is exempt from property taxes or subject to an
assessment for the same purpose by another entity.
SB 2000 by Kevin Eltife (R-Tyler) and Dennis Bonnen (R-Angleton) requires the Texas
Commission on Environmental Quality to develop a grant program to assist facilities in
reducing emissions of nitrogen oxides from stationary gas-fired, rich-burn compressor
engines by installing nonselective catalytic reduction systems or other commission-
approvedcontrol systems.
PUBLIC EDUCATION
HB 121 by Dwanna Dukes (D-Austin) and Juan "Chuy" Hinojosa (D-McAllen) requires
school districts to adopt and implement a dating violence policy to be included in the
district improvement plan.
HB 188 by Scott Hochberg (D-Houston) and Leticia Van de Putte (D-San Antonio)
requires the State Board of Education to designate a request for production of textbooks
in a subj ect area and grade level by the school year in which the textbooks are intended to
be made available in classrooms and not by the school year in which the board makes the
request for production. It requires the board to adopt rules for the midcycle review and
adoption of a textbook for a subj ect for which textbooks are not currently under review
by the board. It allows the board to adopt supplemental textbooks that are not on the
conforming or nonconforming list. If the total cost for the supplemental textbooks
requisitioned by a school district is less than the limit on the cost for a single textbook on
the conforming list for the course, the district is entitled to receive credit. It gives credit
to school districts that purchase textbooks at less than the stated cost limit. The credit is
shared between the state textbook fund the district 50/50. The district can use the credit
toward other textbooks or technology materials.
HB 189 by Scott Hochberg (D-Houston) and Kyle Janek (R-Houston) prohibits the
superintendent of a school district from receiving any financial benefit for personal
services performed by the superintendent for any business entity that conducts or
solicits business with the district. Any financial benefit received by the superintendent
for performing personal services for any other entity must be approved on acase-by-case
basis by the board of trustees in an open meeting.
HB 208 by Kino Flores (D-Mission) and Eddie Lucio (D-Brownsville) exempts from no
pass/no play laws students enrolled in joint credit or concurrent enrollment programs
allowing them to participate in extra-curricular and UIL activities.
HB 314 by Rob Eisler (R-The Woodlands) and Leticia Van de Putte (D-San Antonio)
allows parents of multiple-birth siblings (twins, triplets, etc) to request placement of the
siblings in the same or different classrooms. If school district personnel determine that
the requested placement is disruptive to the school, the principal can determine the
appropriate classroom placement for the siblings.
HB 323 by Mike Hamilton (R-Mauriceville) and John Carona (R-Dallas) requires seat
belts on school buses purchased after September 1, 2010 and on all school buses used to
transport students after September 1, 2011. Students riding in the buses will be required
to wear a seat belt if the bus is equipped with them. Accidents involving school buses
must be reported by school districts to Texas Education Agency.
HB 566 by Mike Hamilton (R-Mauriceville) and Tommy Williams (R-The Woodlands)
allows the board of trustees of a school district to adopt a policy requiring a person who
is 18 years of age to attend school until the end of the school year.
HB 708 by Robert Puente (D-San Antonio) and Carlos Uresti (D-San Antonio) changes
the week schools observe Celebrate Freedom Week from the week of November 11 to
the week of September 17.
HB 828 by Scott Hochberg (D-Houston) and Florence Shapiro (R-Plano) sets the
guaranteed yield per weighted student for the four cents (which increases to six cents in
2009) by which a school district's maintenance and operations tax rate exceeds the state
compression percentage and that of Austin Independent School District, or the yield from
the previous year if higher.
HB 945 by Abel Herrero (D-Robstown) and Juan "Choy" Hinojosa (D-McAllen) allows
a school district in a city bordering the Gulf of Mexico with a population of more than
230,000 according to the 1980 census to hold the district election on any Saturday in
April of odd numbered years.
HB 978 by Wayne Smith (R-Baytown) and Mike Jackson (R-Pasadena) gives school
districts 30 more days to produce their annual financial statement; from 120 days
following the close of business to 150 days.
HB 1059 by Tan Parker (R-Flower Mound) and Jane Nelson (R-Lewisville) is the Emily
Lastinger Act. It authorizes the Department of State Health Services to modify or delete
any required immunizations. The department is required to annually prepare a list of the
required immunizations for admission to public schools and of any additional
immunizations the department recommends. School districts that maintain an Internet
website must post in English and Spanish a list of the immunizations required for
admission; vaccines recommended by the Department of State Health Services; and
health clinics in the district that offer the influenza vaccine. The list of recommended
immunizations must include the influenza vaccine, unless the department requires the
influenza vaccine.
HB 1137 by Scott Hochberg (D-Houston) and Judith Zaffirini (D-Laredo) allows
students of up to 26 years of age to be admitted to school districts to pursue a high
school diploma. If a student is in attendance for at least 75% but less than 90% of the
days a class is offered maybe given credit for the class if the student completes a plan
approved by the school's principal that provides for the student to meet the instructional
requirements of the class. It gives children who have ever been in the conservatorship of
the Department of Family and Protective Services eligibility for apre-kindergarten
program.
HB 1270 by Rob Eisler (R-The Woodlands) and Leticia Van de Putte (D-San Antonio)
mandates (rather than only allows) the Commissioner of Education to establish an
intensive reading or language intervention pilot programs in school districts.
HB 1287 by Warren Chisum (R-Pampa) and Craig Estes (R-Wichita Falls) requires
school districts to offer students in grade nine or above an elective course on the
Hebrew Scriptures (Old Testament) and its impact and an elective course on the New
Testament and its impact; or an elective course that combines the two courses. A
student may not be required to use a specific translation as the sole text of the Hebrew
Scriptures or New Testament and may use as the basic textbook a different translation
from that chosen by the board of trustee
course offered under this law must follow applicable law and all federal and state
guidelines in maintaining religious neutrality and accommodating the diverse religious
views, traditions, and perspectives of students in their school district. The course must
not endorse, favor, or promote or disfavor or show hostility toward, any particular
religion or nonreligious faith or religious perspective. The school district is not required
to offer the course if fewer than 15 students at a campus register for the course.
HB 1400 by Harold Dutton (D-Houston) and Florence Shapiro (R-Plano) requires the
Texas Public Finance Authority to establish a nonprofit corporation to act on behalf of
the state to issue revenue bonds to provide loans or other credit support for the
obligations of open-enrollment charter schools.
HB 1563 by Valinda Bolton (D-Austin) and Eliot Shapleigh (D-El Paso) requires a
school district, upon request of the parent, to award a high school diploma
posthumously to a student who died while enrolled in the district at grade level 12 if the
student was academically on track at the time of death. This law does not apply to a
student that was convicted of a felony.
HB 1609 by Myra Crownover (R-Denton) and Eliot Shapleigh (D-El Paso) requires the
Commissioner of Education to coordinate the efforts of the Communities in Schools
program and to set performance goals, obj ectives and measures that consider
improvement in student behavior, academic achievement, and promotion, graduation,
retention, and dropout rates. It requires the commissioner to adopt policies concerning
the responsibility of the agency in encouraging local businesses to participate in local
Communities In Schools programs; the responsibility of the agency in obtaining
information from participating school districts; the use of federal or state funds available
to the agency for the programs; and any other areas concerning the program. If the
commissioner determines that a program consistently fails to achieve the performance
goals, objectives, and measures established by the commissioner, the commissioner may
withhold funding from that program and require the program to compete through a
competitive bidding process to receive funding to participate in the program.
HB 1748 by Geanie Morrison (R-Victoria) and Florence Shapiro (R-Plano) transfers
most of the responsibilities for the Governor's School Program, which develops college
readiness for public school students through summer programs, from the Texas
Education Agency to the Texas Higher Education Coordinating Board. It adds fine arts
to the curriculum that can be offered.
HB 1844 by Charlie Howard (R-Sugar Land) and Kyle Janek (R-Houston) requires
school districts to permit home-schooled students to take the Preliminary SAT/National
Merit Scholarship Qualifying Test (PSAT/NMSQT) or college advanced placement
test offered by the district.
HB 1922 by Lois Kolkhorst (R-Brenham) and Florence Shaprro (R-Plano) rolls forward
the eligibility date for the Existing Debt Allotment Program to provide state assistance
for the repayment of debt service on bonds for which the district levied taxes and made
payments on during the 2006-2007 school year. Those districts are eligible for assistance
under the program.
HB 2171 by David Swinford (R-Dumas) and Kel Seliger (R-Amarillo) allows school
districts that do not offer each grade level from kindergarten through grade 12 and
whose prospective or former students generally attend school in another state for the
grade levels the school district does not offer to changes the mandatory school start date
to begin the school year on any date they choose.
HB 2176 by Joe Deshotel (D-Beaumont) and Royce West (D-Dallas) requires the State
Board of Education in conjunction with the Office of the Attorney General to develop a
parenting and paternity awareness that a school district must use in the high school
curricu um.
HB 2237 by Rob Eisler (R-The Woodlands) and Florence Shapiro (R-Plano) makes
several changes to laws relating to public education including:
Dropout Prevention - It requires the Commissioner of Education to contract with
one or more education research centers to study best practices for dropout prevention. It
creates a pilot program to provide grants to school districts to fund student club activities
for students at risk of dropping out of school (limited to $4 million per biennium). It
establishes a pilot program to implement a local collaborative dropout reduction grant
program to be funded from appropriated funds of up to $4 million per year. It establishes
a pilot program to award grants to participating campuses to provide intensive academic
instruction during the summer semester to promote college and workforce readiness to
students at risk of dropping out of school with state grant awards limited to $750 per
student. It requires the Commissioner of Education to award grants to organizations that
provide volunteers for programs to enhance college readiness, workforce readiness,
dropout prevention, and personal financial literacy.
Professional Development - It establishes grants of up to $2.5 million per year to
provide technical assistance and professional development activities for teachers and
administrators.
Math, Science and Technology Instruction - It requires the commissioner to
establish a mathematics instructional coaches' pilot program for middle schools, junior
high schools, and high schools. The Texas Higher Education Coordinating Board is
required to establish and fund mathematics, science, and technology teacher preparation
academies at institutions of higher education. It establishes an intensive technology-
basedacademic intervention pilot program. Grants may not exceed $50 per participating
student and must be matched by other funds. It requires the Commissioner of Education
to establish a pilot program to provide grants to rural campuses for technology-based
supplemental instruction.
High School Completion and Success Initiative Council - It establishes the
High School Completion and Success Initiative Council to administer grants and provide
technical assistance in support of innovative research-based high school improvement
programs and to enhance education practices.
New Instructional Facilities Allotment - It allocates an additional $1 million
annually to supplement the new instructional facilities allotment to minimize the impact
o proration.
Reading Instruction - It directs the Commissioner of Education to establish
teacher academies for teachers providing reading instruction for students in grades 6
through 8 by June 1, 2008. Attendance in a reading academy is required for teachers of
reading, mathematics, science, or social studies in grades 6, 7, or 8 on campuses rated
academically unacceptable based on student performance on reading assessments. It
directs school districts to administer a reading instrument adopted by the commissioner to
each 7th grade student whose performance on the 6th grade reading assessment indicates a
lack of reading proficiency and requires school districts to provide additional reading
instruction and intervention to 7th grade students to address areas of need identified by the
reading instrument.
Science Laboratory Grant Program - It creates a science laboratory grant
program as a competitive grant program to provide funds to school districts for the
purpose of constructing or renovating high school science laboratories. The amount of
assistance per proj ect is limited to no more than $200 per square foot for new
construction of science laboratories or $100 per square foot for renovation of existing
science laboratories. Priority will be given to school districts with low wealth per
average daily attendance. In order to qualify for a grant, a school district must
demonstrate that its existing science laboratories are insufficient to comply with the
curriculum requirements for the recommended and advanced high school programs that
include four courses of science.
HB 2399 by Dianne White Delisi (R-Temple) and Florence Shapiro (R-Plano) sets up
teacher retention demonstration projects. Emphasis is projects that employ
innovative, research-based practices to identify and retain highly effective teachers such
as a teacher recruitment and selection strategy focused on attracting new and experienced
teachers who have deep content knowledge and a commitment to long-term participation
in the teaching profession; an alternative certification program that prepares individuals
who have deep content knowledge and outstanding academic or professional achievement
for long-term participation in the teaching profession; a campus governance model that
engages teachers in leading campus management activities, including student assessment
data analysis, professional development planning, instructional coaching, and resource
allocation; a differentiated compensation plan that addresses teaching shortages in
specific subject areas, instructional weaknesses at underperforming campuses, limited
advanced academic course offerings or other critical needs identified by the district; or
another research-based strategy designed to improve teacher retention rates.
HB 2455 by Byron Cook (R-Corsicana) and Kel Seliger (R-Amarillo) allows excused
absences for students to appear in court.
HB 2503 by Rob Eisler (R-The Woodlands) and Tommy Williams (R-The Woodlands)
requires the Commissioner of Education to set up a pilot program in which a participating
school district gives a technology literacy assessment to its students. It requires the
Texas Education Agency to adopt the assessment instrument designed to assess an
individual student's mastery of the essential knowledge and skills in technology. The test
must be administered online, be aligned with the essential knowledge and skills
requirements for technology applications; and incorporate performance-based measures,
including a requirement that students perform certain technological tasks and respond to
questions based on the completion of those tasks. The assessment instrument must be
designed in a manner to provide the district with an automatic report of the technology
literacy proficiency of a district student in a format that is compatible with the school
district and state data information systems.
HB 2563 by Kelly Hancock (R-Fort Worth) and Leticia Van de Putte (D-San Antonio)
outlines the duties of the superintendent and school boards of trustees and officers of
regional service centers.
HB 2646 by Patrick Rose (D-Dripping Springs) and Kirk Watson (D-Austin) adds
teachers certified by the National Board for Professional Teaching Standards to the
list of those eligible for stipends under the educator excellence awards program.
HB 2814 by Rob Eisler (R-The Woodlands) and Leticia Van de Putte (D-San Antonio)
requires the Commissioner of Education to establish a pilot project on dual language
immersion programs and the effect of those programs on a student's ability to advance
to high school, graduate from high school.
HB 2864 by Warren Chisum (R-Pampa) and Florence Shapiro (R-Plano) requires the
Commissioner of Education to establish a pilot program under which state grant funds are
provided to finance supplemental technology education to rural school districts.
HB 3190 by Helen Giddings (D-Dallas) and John Carona (R-Dallas) prohibits persons
with intoxication offenses on their record within the previous 1 Oyear-period to drive
school buses.
HB 3226 by Dan Branch (R-Dallas) and Royce West (D-Dallas) allows school districts to
forego state aid if the district is in a position to "net out' positively when recapture
funds are compared to entitlement of hold harmless state funds. It authorizes the
Commissioner of Education to consider the district to have reduced its wealth per student
to the equalized wealth level by deducting the recapture amount from the hold harmless
amount of state aid, in lieu of a recapture option that requires an election.
HB 3485 by Susan King (R-Abilene) and Florence Shapiro (R-Plano) requires the Texas
Education Agency to establish a panel to review and recommend revisions to the career
and technical education curriculum and review and recommend revisions for the program
in which high schools and articulated postdecondary institutions allow high school
students to take advanced technical credit courses. It also allows college credit for
advance career and technology courses.
HB 3618 by Richard Raymond (D-Laredo) and Judith Zaffirini (D-Laredo) requires the
Department of State Health Services in consultation with the Texas Education Agency to
adopt criteria for the development of a pilot program that is designed to prevent and
detect Type 2 diabetes in a school district located on the Texas-Mexico border.
HB 3659 by Jim Dunnam (D-Waco) and Rodney Ellis (D-Houston) prohibits the
disclosure of the name of a student involved in an improper relationship with an
educator.
HB 3678 by Charlie Howard (R-Sugar Land) and Tommy Williams (R-The Woodlands)
is the Religious Viewpoints Antidiscrimination Act. It requires school districts to treat
a student's voluntary expression of a religious viewpoint in the same manner the district
treats a student's voluntary expression of a secular or other viewpoint and prohibits the
district from discriminating against the student based on a religious viewpoint expressed
by the student.
HB 3699 by Brian McCall (R-Plano) and Tommy Williams (R-The Woodlands) adds a
new account to the permanent school fund for the management of real estate
investments. It is managed by the School Land Board. Mineral interests are also added
to the responsibilities of the board.
HB 3826 by Geanie Morrison (R-Victoria) and Judith Zaffirini (D-Laredo) requires
completion of the recommended or advanced curriculum for high school graduates to
be admitted to general academic teaching institutions of Texas under the top 10% rule.
SB 7 by Juan Hinojosa (D-McAllen) and Rob Eisler (R-The Woodlands) requires each
school campus to have an automated external defibrillator and to train personnel and
volunteers in cardiopulmonary resuscitation and the use of the defibrillator. It directs the
State Board of Education to include elements related to cardiopulmonary resuscitation
and the use of automated external difibrillators a part of the essential knowledge and
skills of the Health curriculum. It directs the Commissioner of Education to establish a
pilot program to administer cardiovascular screenings to sixth grade students at selected
campuses.
SB 8 by Kyle Janek (R-Houston) and Dan Flynn (R-Van) requires mandatory, random
testing for illegal steroids and other performance enhancing drugs in Texas public high
schools.
SB 9 by Florence Shapiro (R-Plano) and Dan Branch (R-Dallas) is the School Safety
Act. It subjects all public school and charter school personnel to a national criminal
history record information review.
SB 82 by Leticia Van de Putte (D-San Antonio) and Rob Eisler (R-The Woodlands)
requires the Commissioner of Education to develop and adopt an extracurricular
activity safety training program for coaches, trainers, or sponsors for an extracurricular
athletic activity; physicians employed by or who volunteers to assist with an
extraCUrrlCUlar actlVlty; and directors responsible for a school marching band. It must
include training in emergency action planning; cardiopulmonary resuscitation;
communicating effectively with 9-1-1 emergency service operators and other emergency
personnel; and recognizing symptoms of potentially catastrophic injuries, including head
and neck injuries, concussions, injuries related to second impact syndrome, asthma
attacks, heatstroke, cardiac arrest, and injuries requiring use of a defibrillator.
SB 135 by Jeff Wentworth (R-San Antonio) and Rob Eisler (R-The Woodlands)
prohibits schools districts from restricting employees from communicating directly
with school board trustees. Ex parte communications are prohibited.
SB 218 by John Carona (R-Dallas) and Will Hartnett (R-Dallas) adds before-school and
after-school programs provided on a tuition basis to the list of programs required to be
icense .
SB 282 by Mario Gallegos (D-Houston) and Harold Dutton (D-Houston) requires school
districts to notify parents of high schools students of available programs providing
college credit to them. Posting on the school district's web site is considered notice.
SB 370 by Florence Shapiro (R-Plano) and Rob Eisler (R-The Woodlands) prohibits a
school district from requiring a district employee to waive immunity from liability for an
act for which the employee is immune from liability. It also prohibits a school district
from requiring a district employee who acts in good faith to pay for or replace property
belonging to a student or other person that is or was in the possession of the employee
because of an act that is incident to or within the scope of duties of the employee's
position of employment. The district may not require an employee who acts in good faith
to pay for an electronic textbook or technological equipment that is damaged. The
district is allowed to enter into a written agreement with a school employee whereby the
employee assumes financial responsibility for electronic textbook or technological
equipment usage off school property.
SB 530 by Jane Nelson (R-Lewisville) and Rob Eisler (R-The Woodlands) requires
students in grades K-6 to participate in moderate to vigorous daily physical activity for 30
minutes; require grades 6-8 to do the same for at least four semester during those years;
and require school districts to provide annual physical fitness assessments of students in
grades 3-12.
SB 670 by Rodney Ellis (D-Houston) and Hubert Vo (D-Houston) sets a deadline of
December 31, 2007 for school district boards of trustees to adopt a resolution to change
the terms of the board members.
SB 673 by Judith Zaffirini (D-Laredo) and Rob Eisler (R-The Woodlands) requires
school districts to prepare a certificate for a special education student who has
completed four years of high school, even if the individualized plan has not been
completed. The student would be allowed to participate in only one ceremony.
SB 827 by Royce West (D-Dallas) and Diane Patrick (R-Arlington) adds middle schools
to the schools that can receive grants from the Department of Agriculture.
SB 960 by Eliot Shapleigh (D-El Paso) and Pat Haggerty (R-El Paso) allows military
dependents to satisfy the exit-level testing requirement through satisfactory performance
on one of more alternative nationally recognized norm-referenced assessment instruments
if the student, as a result of a military transfer or deployment of the person serving in the
military, transfers into the public school system of this state after completion of the
student's sophomore year in high school.
SB 962 by Eliot Shapleigh (D-El Paso) and Pat Haggerty (R-El Paso) reduces a school
district's wealth per student by 25% if the commissioner finds the district must provide
additional facilities for students transferred due to base closure or realignment
SB 1031 by Florence Shapiro (R-Plano) and Rob Eisler (R-The Woodlands) phases out
the TAKS test for grades 9 -11 and phases in end-of course exams assessments starting
with 9th grade students in the 2011-1012 school year. It establishes 12 end-of course
exams in the four core subject areas of English/language arts, math, science, and social
studies. Students will be required to achieve a cumulative score within each content area
equal to earning 70 points on each test, in order to graduate. Students must score at least
60 in order to count the score toward the cumulative number. Scores on the end-of
course exams will count as 15% of a student's overall course grade. Assessments will
include a separate series of questions to measure college readiness and the need for
developmental coursework in higher education. Exams in lower level courses will have
questions to determine readiness for advanced coursework. Students in the 9th and 10th
grades will be required to complete a college readiness diagnostic assessment, followed
by a college entrance exam (ACT or SAT) in the 1 l th grade at state expense. It also
creates a committee to study the accountability system and directs the legislature to adopt
anew accountability system aligned with the new assessments by September 1, 2011.
SB 1161 by Mike Jackson (R-Pasadena) and Wayne Smith (R-Baytown) authorizes a
school district to file a complaint for referral to a juvenile court if a student fails to
attend school without excuse on ten or more days within asix-month period within ten
(rather than seven) school days of the student's last absence.
SB 1433 by Leticia Van de Putte (D-San Antonio) and Patrick Rose (D-Dripping
Springs) requires the State Board of Education to create the Employers for Educational
Excellence Award program to honor employers that implement a policy to encourage
and support their employees who actively participate in activities of schools.
SB 1456 by Carlos Uresti (D-San Antonio) and Joaquin Castro (D-San Antonio) requires
the Texas Education Agency to maintain on the agency's Internet website a list of links to
websites that provide information regarding child abuse awareness and prevention and
to develop and periodically update a training program on prevention of child abuse that a
school district can use for staff development.
SB 1517 by Kyle Janek (R-Houston) and Scott Hochberg (D-Houston) gives students in
advanced placement, international baccalaureate courses, or dual credit honors
courses an exemption from the no pass/no play rule requiring suspension from
extracurricular activities due to low scores.
SB 1713 by Kevin Eltife (R-Tyler) and Diane Patrick (R-Arlington) allows a parent to
designate the residence of a grandparent or a child-care facility for purposes of
transportation provided by a public school transportation system.
SB 1788 by Florence Shapiro (R-Plano) and Jerry Madden (R-Plano) authorizes a virtual
school network to provide online education. The State Board of Education is required to
establish objective criteria for electronic courses to ensure alignment with the Texas
essential knowledge and skills.
SB 1871 by Judith Zaffirini (D-Laredo) and Scott Hochberg (D-Houston) requires school
districts to report electronically each student's raw score on the reading instrument for
use in the school readiness certification system. It requires the Texas Education Agency
to contract with the State Center for Early Childhood Development to receive and use
scores on behalf of the agency. A school district that is required to offer bilingual
education or special language programs must include in the district's Public Education
Information Management System report: demographic information on students enrolled
in the district's bilingual education or special language programs; the number and
percentage of students enrolled in each instructional model of a bilingual education or
special language program offered by the district; and the number and percentage of
students identified as students of limited English proficiency who do not receive
specialized instruction. It prohibits aggregating information on student performance in a
bilingual education or special language program.
SB 1912 by Eliot Shapleigh (D-El Paso) and Pat Haggerty (R-El Paso) allows temporary
certification of educators in districts experiencing growth as a result of the Defense Base
Closure and Realignment Act.
HIGHER EDUCATION
HB 86 by Dan Branch (R-Dallas) and Steve Ogden (R-Bryan) excludes course credits
earned to satisfy requirements for a Reserve Officer's Training Corps program from the
timely graduation tuition rebate program.
HB 125 by Dianne White Delisi (R-Temple) and Leticia Van de Putte (D-San Antonio)
extends tuition and fee exemptions to children of members of the armed forces who
became totally disabled as aresult of aservice-related injury.
HB 317 by Sid Miller (R-Stephenville) and Troy Fraser (R-Marble Falls) requires the
Texas Higher Education Coordinating Board to conduct a study to determine the merits
of permitting public institutions of higher education to issue revenue bonds to fund
capital projects at branch campuses, extension centers, system centers, and multi-
institutional teaching centers, regardless of the level of student enrollment at those
campuses and centers and any student enrollment levels at those campuses and centers
that maybe appropriate to serve as a statutory prerequisite for issuing revenue bonds or
other obligations to fund capital projects at those campuses and centers.
HB 544 by Mark Strama (D-Austin) and Kirk Watson deletes the prohibition on public
junior college districts from charging reduced tuition (resident tuition) to students who
reside in an independent school district that meets the criteria for establishment of a
junior college district.
HB 589 by Jimmie Don Aycock (R-Killeen) and Troy Fraser (R-Marble Falls) institutes
anew computation for the requirement that the enrollment at Tarleton State University
System Center -Central Texas in Killeen must reach enrollment of 1,000 full-time
students to operate as Texas ABM University -Central Texas. Full-time student
enrollment would be computed based on all semester credit hours completed during the
fall and spring semesters and the summer session of the academic year. It also changes
the computation for Texas A&M University -Kingsville System Center -San Antonio
and North Texas System Center at Dallas. The computation will be computed in the
same way as Texas A&M University -Central Texas.
HB 741 by Tracy King (D-Batesville) and Judith Zaffirini (D-Laredo) exempts from
tuition and fees children of volunteer law enforcement officers and firefighters that are
disabled due to an injury sustained in the line of duty.
HB 902 by Myra Crownover (R-Denton) and Craig Estes (R-`Vichita Falls) authorizes
the board of regents of Texas Woman's University to charge a student fitness and
recreational fee up to $125 per regular semester or $62.50 per summer session to be used
for financing, constructing, operating, maintaining, or improving a fitness or recreational
facility or for operating a fitness or recreational program.
HB 1187 by Geanie Morrison (R-Victoria) and Leticia Van de Putte (D-San Antonio)
requires the Texas Veterans Commission to establish a program to issue vouchers for
tuition and fees at institutions of higher education to students in grades 6 through 12 or at
postsecondary educational institutions to who sound "Taps" on a bugle, trumpet, or
cornet during military honors funerals held in Texas for deceased veterans. The voucher
equals $25 for each time the student sounds "Taps."
HB 1250 by Charlie Howard (R-Sugar Land) and Dan Patrick (R-Houston) allows
students to qualify for TEXAS grant or a Texas B-On-Time loan if they graduate from
a private high school under the recommended or advanced high school program or its
equiva ent.
HB 1330 by Fred Brown (R-College Station) and Steve Ogden (R-Bryan) extends the
pilot program providing for reduced undergraduate tuition for the summer term at
Texas A&M University from August 31, 2007 to August 31, 2009. A student is limited
to one reduction for one summer term.
HB 1418 by Lois Kolkhorst (R-Brenham) and Steve Ogden (R-Bryan) prohibits the
board of Sam Houston State University from changing the name of the university.
HB 1427 by Roberto Alonzo (D-Dallas) and Judith Zaffirini (D-Laredo) authorizes the
University of Houston to operate an optometry career summer program that prepares
highly qualified, economically and academically disadvantaged junior-level, senior-level,
and postbaccalaureate students from any public or private institution of higher education
for advanced studies in a career in the field of optometry.
HB 1614 by Dan Gattis (R-Georgetown) and Steve Ogden (R-Bryan) authorizes the
establishment of a columbarium on the campus of a private or independent institution
of higher education, that is wholly or substantially controlled, managed, owned, or
supported by or affiliated with an organized religious society or sect if a place of worship
is located on the campus.
HB 2074 by Mike Krusee (R-Round Rock) and Steve Ogden (R-Bryan) authorizes the
Temple Junior College District in conjunction with the East Williamson County Multi-
Institution Teaching Center, Tarleton State University, Tarleton State University
System Center -Central Texas; Texas State Technical College -Waco, or another public
or private institution of higher education to provide coordinated higher education
opportunities to the residents of the region in which the center is located by offering
academic credit courses and programs from the member institutions of the center. The
center will be administered under a formal agreement entered into by the Temple Junior
College District and with the other member institutions.
HB 2103 by Lois Kolkhorst (R-Brenham) and Steve Ogden (R-Bryan) requires the Texas
Higher Education Coordinating Board to establish a pilot program to provide assistance
in the repayment of student loans for full-time correctional officers who successfully
complete a baccalaureate degree program at Sam Houston State University.
HB 2173 by Byron Cook (R-Corsicana) and Kim Brimer (R-Fort Worth) is the sunset bill
for the Prepaid Higher Education Tuition Board. It continues the agency until 2019.
HB 2198 by Kino Flores (D-Mission) and Kyle Janek (R-Houston) requires the Texas
Higher Education Coordinating Board to authorize baccalaureate degree programs at
each of the public j unior colleges that previously participated in a pilot proj ect to offer
baccalaureate degree programs.
HB 2371 by Geanie Morrison (R-Victoria) and Judith Zaffirini (D-Laredo) authorizes the
Texas Workforce Commission to set a hearing on whether to issue a cease and desist
order against a person operating a career school or college without proper authority
whether or not the person responds to a written notice from the commission.
HB 2702 by Vicki Truitt (R-Southlake) and Florence Shapiro (R-Plano) excludes from
the tuition exemption for former foster children who are adopted students whose
adoption was an international adoption. It also exempts from tuition and fees foster
children who are adopted. It requires the Department of Family and Protective Services
to pay $150 per month for health benefits for those adopted children who are not eligible
for Medicaid if the adoptive family's income is less than 300% of the federal poverty
level.
HB 2978 by Geanie Morrison (R-Victoria) and Florence Shapiro (R-Plano) requires the
Texas Higher Education Coordinating board to establish aone-week summer program at
each institution of higher education that offers an engineering degree program for
middle and high school students to expose them to math, science, and engineering
concepts. The board would also be required to establish a scholarship program for
students pursuing a degree in engineering. It also requires the board to establish and
administer a scholarship program for students pursuing a degree in engineering. To
qualify for the scholarship, the student must have graduated with a grade point average in
the top 20% of the student's high school graduating class; have graduated from high
school with a grade point average of at least 3.5 in mathematics and science courses
offered under the recommended or advanced high school curriculum; and maintain an
overall grade point average of at least 3.0 at the university in which the student is
enrolled.
HB 3114 by David Swinford (R-Dumas) and Judith Zaffirini (D-Laredo) establishes at
student fee advisory committee at the component institutions of the Texas A&M
University System to advise the governing board and administration of the institution on
the type, amount, and expenditure of compulsory fees for student services. It authorizes
the Board of Regents of the Texas A&M University System to charge students at a
component institution a recreational sports fee not to exceed $175 per regular semester
and $87.5 for each summer session term. The board is authorized to impose an
intercollegiate athletics fee on each student enrolled at Texas A&M International
University, West Texas A&M University, and Texas A&M University -Commerce
of up to $5 per semester credit hour (subject to student voter approval).
HB 3291 by John Otto (R-Dayton) and Kip Averitt (R-Waco) prohibits the governing
board of an institution of higher education from entering into a contract with a person
relating to a permanent improvement project at the institution unless the board is
specifically authorized to enter into the contract by law or receives prior approval from
the Texas Higher Education Coordinating Board.
HB 3382 by Elliott Naishtat (D-Austin) and Carlos Uresti (D-San Antonio) requires a
publisher or manufacturer of printed instructional material that is required by an
institution of higher education to provide (upon request by the institution) computerized
files based on the printed instructional material to assist the institution in producing
special instructional material for blind and visually impaired students.
HB 3564 by Drew Darby (R-San Angelo) and Robert Duncan (R-Lubbock) transfers
Angelo State University to the Texas Tech University System.
HB 3827 by Geanie Morrison (R-Victoria) and Judith Zaffirini (D-Laredo) provides that
the governing board of a junior college district that holds an open or closed meeting by
telephone conference call would only be held if a quorum of the governing board is
physically present at the location where the meetings of the board are usually held, it is
audible to the public at that location; and tape recorded. The conference call meeting is
subj ect to the applicable notice requirements for other meetings.
HB 3851 by Geanie Morrison (R-Victoria) and Florence Shapiro (R-Plano) requires the
Texas Higher Education Coordinating Board to establish a standard method for
computing a student's high school grade point average. It must be based on a four-
point scale and must assign additional weight for each honors course, advanced
placement course, international baccalaureate course, or dual credit course completed by
the student.
HB 3900 by Geanie Morrison (R-Victoria) and Florence Shapiro (R-Plano) institutes the
Texas Tomorrow Fund II as a prepaid tuition program. An investment in TTF-II would
be made by purchasing units, each worth 1 % of one year of tuition and fees. There are
three types ofunits -Type 1 is for tuition and fees at the highest priced public university;
Type 2 is for tuition and fees at a university at the weighted average (for the student
attending amid-priced institution); and Type 3 is for tuition and fees at a community
college. When students redeem units, universities must honor their value. A beneficiary
may redeem, after the third anniversary of the date of purchase, any type of tuition unit
for attendance at a general academic teaching institution, two-year institution of higher
education, private or independent institution of higher education, or accredited out-of
state institution of higher education.
HJR 103 by Drew Darby (R-San Angelo) and Robert Duncan (R-Lubbock) proposes a
constitutional amendment transferring Angelo State University to the Texas Tech
University System and authorizing the continuation of the constitutional appropriation for
facilities at the university.
SB 276 by Jeff Wentworth (R-San Antonio) and Patrick Rose (D-Dripping Springs)
modifies the selection process for student members of the board of regents of a
university or university system. It requires a student regent to maintain a grade point
average of at least 2.5 throughout the student regent's term. It allows student regents to
receive reimbursement for actual expenses incurred in attend meetings of the board.
SB 309 by Leticia Van de Putte (D-San Antonio) and Juan Garcia (D-Corpus Christi)
requires career schools to adopt a refund policy for students called to active military
duty.
SB 457 by Kirk Watson (D-Austin) and Jose Menendez (D-San Antonio) extends tuition
and fee exemptions to surviving minor children of public employees killed in the line
of duty regardless of whether the child was claimed as a dependent on the income tax
return in the year preceding the year in which the individual died.
SB 469 by Kim Brimer (R-Fort Worth) and Diane Patrick (R-Arlington) requires the
Coordinating Board to design and produce a certificate of recognition for presentation
by an institution of higher education to a person who contributes a gift or donation of
at least $10,000 to an institution of higher education.
SB 480 by Kyle Janek (R-Houston) and Dan Gattis (R-Georgetown) includes institutions
accredited by the American Bar Association to the definition of "private or
independent institutions of higher education."
SB 649 by Eliot Shapleigh (D-El Paso) and Geanie Morrison (R-Victoria) authorizes the
Texas Higher Education Coordinating Board to conduct a study to determine whether
institutions of higher education, including component institutions of different university
systems, to effectively enter into joint partnership agreements to develop joint degree
programs and j Dint research programs; make j Dint appointments of faculty or other
personnel to the partnership and to either or both institutions; and maintain joint facilities
to conduct j Dint programs.
SB 685 by Leticia Van de Putte (D-San Antonio) and Rick Noriega (D-Houston) grants
members of the Texas National Guard assistance with tuition and fees at institutions of
higher education (rather than just giving them assistance with tuition).
SB 947 by Robert Duncan (R-Lubbock) and Warren Chisum (R-Pampa) dedicates
$800,000 (rather than $400,000) from the unclaimed property fund to the rural
scholarship fund.
SB 1007 by Royce West (D-Houston) and Helen Giddings (D-Desoto) allows student
representatives to serve on the Texas Higher Education Coordinating Board and the
board's advisory committees.
SB 1046 by Jeff Wentworth (R-San Antonio) and Geanie Morrison (R-Victoria) requires
notice of meetings of the Texas Higher Education Coordinating Board to be provided
at least seven (rather than 30) days prior to the meeting and allows them to hold the
meeting via telephone conference call.
SB 1050 by Judith Zaffirini (D-Laredo) and Diane Patrick (R-Arlington) requires the
Texas Higher Education Coordinating Board to develop a standard contract establishing
the roles and responsibilities of participating entities to be used as a model for a
memorandum of understanding for awork-study student mentorship program under
which students who are enrolled in their junior or senior years at participating eligible
institutions who meet the eligibility requirements for employment in the Texas college
work-study program to be employed to mentor students.
SB 1051 by Judith Zaffirini (D-Laredo) and Ryan Guillen (D-Rio Grande City) allows
the governing board of a general academic teaching institution that offers a joint
baccalaureate degree program under contract with a foreign college or university to
exempt a student enrolled in the j Dint degree program from the government and political
science and American and Texas history requirements if the student successfully
completes the American Way course.
SB 1053 by Judith Zaffirini (D-Laredo) and Jimmie Don Aycock (R-Killeen) requires the
Texas Higher Education Coordinating Board to establish a method for assessing the
quality and effectiveness of academic advising services available to students at each
institution of higher education.
SB 1231 by Judith Zaffirini (D-Laredo) and Geanie Morrison (R-Victoria) requires
institutions of higher education to refund tuition and fees at 100% or a portion
depending on when the student withdraws. The governing board of an institution of
higher education is authorized to adopt a policy relating to the maximum number of
courses a student is permitted to drop. The Texas Higher Education Coordinating Board
may permit a student to drop additional classes upon the showing of a severe illness or
other debilitating condition that affects the student's ability to satisfactorily complete a
course; the student's responsibility for the care of a sick, injured, or needy person if the
care affects the student's ability to satisfactorily complete a course; the death of a family
member; or because of active duty in the Texas National Guard or the armed services.
SB 1232 by Judith Zaffirini (D-Laredo) and Geanie Morrison (R-Victoria) authorizes
institutions of higher education to accept payment for tuition and fees in flexible
installment payments.
SB 1233 by Judith Zaffirini (D-Laredo) and Geanie Morrison (R-Victoria) authorizes
institutions of higher education to require a property deposit of up to $100 from each
student to insure the institution against any losses, damages, and breakage for which the
student is responsible and to cover any other amounts owed by the student to the
institution. The deposit, less applicable deductions must be refunded to the student
within 180 days.
SB 1234 by Judith Zaffirini (D-Laredo) and Patrick Rose (D-Dripping Springs) requires
the Texas Higher Education Coordinating Board to develop a master plan for higher
education for a period of years determined by the board to ensure that students enrolled
at institutions of higher education are sufficiently prepared to meet the challenges
associated with participation in the public affairs of the state and the global economy.
SB 1325 by Royce West (D-Dallas) and Brian McCall (R-Plano) prohibits a student who
is related to a current member of the governing board of an institution of higher education
from receiving a scholarship from the institution unless the scholarship is from a private
organization or third party not affiliated with the institution; the scholarship is awarded
exclusively on the basis of prior academic merit; is an athletic scholarship; or the person
is not within a third degree by consanguinity or the second degree by affinity.
SB 1417 by Juan "Choy" Hinojosa (D-McAllen) and Solomon Ortiz, Jr. (D-Corpus
Christi) authorizes the board of regents of the Texas A&M University System to impose a
student endowment fee of up to $1 per semester credit hour on students at Texas ABM
University-Corpus Christi if approved by a vote of the students.
SB 1446 by Robert Duncan (R-Lubbock) and Brian McCall (R-Plano) removes indirect
cost recovery fees from the list of items that must be accounted for as educational and
general funds by institutions of higher education.
SB 1640 by Tommy Williams (R-The Woodlands) and Warren Chisum (R-Pampa)
authorizes the issuance of $500 million in bonds for student loan programs
administered by the Texas Higher Education Coordinating Board.
SJR 57 by Tommy Williams (R-The Woodlands) and Warren Chisum (R-Pampa)
proposes a constitutional amendment authorizing an additional $500 million in general
obligation bonds to finance educational loans.
GENERAL BUSINESS
HB 89 by Dan Branch (R-Dallas) and Chris Harris (R-Arlington) authorizes the Texas
Ethics Commission to not impose a civil penalty for failure to file or a late filing on a
general-purpose political committee if a report filed by that committee discloses that
the committee did not accept political contributions totaling $3,000 or more, accept
political contributions from a single person totaling $1,00 or more or make or authorize
political expenditures totaling $2,000 or more during the reporting period or either of the
two reporting periods.
HB 2278 by Joe Deshotel (D-Beaumont) and Kim Brimer (R-Fort Worth) is a non-
substantive recodification of statutes relating to business and commerce.
HB 2492 by Leo Berman (R-Tyler) and Tommy Williams (R-The Woodlands) amends
the Election Code to include corporations that are organized under the Texas For-Profit
Corporation Law in the prohibition on corporate political contributions.
HB 3093 by Charlie Howard (R-Sugar Land) and Kyle Janek (R-Houston) allows a
business to require a customer who purchases a good or service from the business
using a credit card to provide the customer's zip code to verify the customer's identity.
The business is allowed to electronically verify with the credit card issuer that the zip
code matches the zip code that the credit card issuer has on file.
HB 3584 by Aaron Pena (D-Edinburg) and Leticia Van de Putte (D-San Antonio) creates
the offense of organized retail theft and provides that a person commits an offense if the
person intentionally conducts, promotes, or facilitates an activity in which the person
receives, possesses, conceals, stores, barters, sells, or disposes of not less than $1,500 of
stolen retail merchandise or merchandise explicitly represented to the personas being
stolen retail merchandise. An offense is a state j ail felony if the total value of the
merchandise is between $1,500 and $20,000; a third degree felony if the value of the
merchandise is between $20,000 and $100,000; a second degree felony if the total value
of the merchandise is between $100,000 and $200,000; or a first degree felony if the
value of the merchandise is more than $200,000.
SB 247 by Rodney Ellis (D-Houston) and Corbin Van Arsdale (R-Houston) prohibits the
investment of state funds in any private business entity doing business in Sudan.
SB 332 by John Carona (R-Dallas) and Joe Driver (R-Garland) prohibits an employer
from permitting a person to drive a commercial motor vehicle during a period in which
the employer is subj ect to an out-of service order that affects the driver or the vehicle.
An offense is a Class B misdemeanor.
SB 333 by John Carona (R-Dallas) and Joe Driver (R-Garland) provides that a person
commits an offense if the person drives a commercial motor vehicle on a highway in
violation of an out-of service order.
SB 548 by John Carona (R-Dallas) and Mike "Tuffy" Hamilton (R-Mauriceville) allows
the holder of a dishonored check to notify the issuer of intent to prosecute by first-class
mail, with delivery evidenced by an affidavit of service or registered or certified mail
with return receipt requested (telegram option is deleted). It requires the issuer of a
dishonored check to reimburse the holder of a dishonored check for the cost of sending
notice of intent to prosecute by registered or certified mail with return receipt requested.
SB 949 by Glenn Hegar (R-Katy) and Stephen Frost (D-Atlanta) prohibits political
subdivisions from requiring a private business to contract with or employ a peace officer
to provide security services for the business except to provide security services for a
public event, provide security services for a private event held at a public facility owned
by the political subdivision; to conduct a public escort, to direct traffic on a public
roadway, or upon determination by a court.
SB 1389 by Leticia Van de Putte (D-San Antonio) and Scott Hochberg (D-Houston)
requires a person, manufacturer or retailer offering a rebate over $10 to mail the
amount of the rebate to the consumer or electronically pay within the time period
promised in the rebate information, or if silent, not later than the 30th day after the date
they receive the properly completed rebate request. It requires a company to either
process incomplete rebate requests or notify the consumer in writing by mail ore-mail (if
the consumer has agreed to be notified by e-mail) of errors or missing paperwork and
allow the consumer 30 days to correct and resubmit without penalty. The person offering
the rebate has the right to rej ect a rebate request if he/she determines the consumer is
attempting to commit fraud; has already received the rebate; or is submitting proof of a
purchase that is not legitimate. If a properly completed rebate request is erroneously
rejected, the person offering the rebate is required to pay the consumer within 30 days of
learning of the error. A violation of the law is subj ect to the Deceptive Trade Practices
Act.
SB 1729 by John Carona (R-Dallas) and Burt Solomons (R-Carrollton) clarifies the
authority of the Texas Commission on Licensing and Regulation to revise versions of the
American Society of Civil Engineers Code, the American Society of Mechanical
Engineers, related to elevator safety. It authorizes the executive director of the
commission to grant a variance, on an application of a person to allow the installation of
new technology if it is equivalent or superior to standards adopted by the commission
HEALTH
HB 14 by Jim Keffer (R-Eastland) and Jane Nelson (R-Lewisville) is the enabling bill for
HJR 90. It creates the Cancer Prevention and Research Institute of Texas to create
and expedite innovation in the area of cancer research and in enhancing the potential for a
medical or scientific breakthrough in the prevention of cancer and cures for cancer;
attract, create, or expand research capabilities of public or private institutions of higher
education and other public or private entities that will promote a substantial increase in
cancer research and in the creation ofhigh-quality new jobs in the state; and develop and
implement the Texas Cancer Plano.
HB 92 by Dan Branch (R-Dallas) and Jane Nelson (R-Lewisville) requires automated
external defibrillators to be approved by the U.S. Food and Drug Administration for
over-the-counter sale or acquired from a licensed practitioner or upon a prescription.
HB 522 by Beverly Woolley (R-Houston) and Kyle Janek (R-Houston) requires the
Commissioner of Insurance to appoint a Technical Advisory Committee on Electronic
Data Exchange to advise the commissioner on technical aspects of using the transaction
standards and data elements required to be made available by health benefit plan issuers
and administrators. To the extent possible, the committee is required to use the
framework adopted by the Council for Affordable Quality Healthcare Committee on
Operating Rules for Information Exchange. It requires the commissioner to designate a
county or counties for initial participation in an identification card pilot program. Health
benefit plans that offer coverage in the county/counties selected for the pilot are required
to issue identification cards to each enrollee.
HB 948 by Yvonne Davis (D-Dallas) and Rodney Ellis (D-Houston) requires the label of
a drug to be in plain language and printed in an easily readable font size for the
consumer. The Board of Pharmacy is required to adopt rules specifying the information a
pharmacist must provide to a consumer when dispensing a prescription to the consumer
for self administration. The information must be written in plain language; relevant to
the prescription; and printed in an easily readable font size.
HB 1066 by Dianne White Delisi (R-Temple) and Jane Nelson (R-Lewisville) creates the
Texas Health Services Authority Corporation to implement the state-level health
information technology functions identified by the Texas Health Information Technology
Advisory Committee by serving as a catalyst for the development of a seamless
electronic health information infrastructure to support the health care system in the state
and to improve patient safety and quality of care. The authority is established to
promote, implement, and facilitate the voluntary and secure electronic exchange of health
information and create incentives to promote, implement, and facilitate the voluntary and
secure electronic exchange of health information.
HB 1082 by Joe Straus (R-San Antonio) and Leticia Van de Putte (D-San Antonio)
requires the Executive Commission of the Department of Health and Human Services to
establish a pilot program to research and implement procedures for reporting cases of
methicillin-resistent staphylococcus aureus.
HB 1370 by Garnet Coleman (D-Houston) and Judith Zaffirini (D-Laredo) changes the
makeup of the Interagency Coordinating Council for HIV and Hepatitis and requires
them to develop a plan that facilitates coordination of agency programs based on
statistical information regarding the State of Texas prevention of AIDS, HIV infection,
and hepatitis and provision of services to individuals who have hepatitis or are infected
with HIV. They are required to identify all statewide plans related to AIDS, HIV, and
hepatitis and compile a complete inventory of all federal, state, and local money spent in
the state on HIV infection, AIDS, and hepatitis prevention and health care services,
including services provided through or covered under Medicaid and Medicare.
HB 1373 by Ryan Guillan (D-Rio Grande City) and Judith Zaffirini (D-Laredo) is the
Glenda Dawson Act. It creates the Chronic Kidney Disease Task Force administered
by the Department of State Health Services to develop a plan to educate health care
professionals about the advantages and methods of early screening, diagnosis, and
treatment of chronic kidney disease and complications related to chronic kidney disease
based on the Kidney Disease Outcomes Quality Initiative Clinical Practice Guidelines for
Chronic Kidney Disease or other medically recognized clinical practice guidelines;
develop a plan to educate health care professionals and individuals with chronic kidney
disease about the advantages ofend-stage renal disease modality education and early
renal replacement therapy, including in-center dialysis, home hemodialysis, peritoneal
dialysis as well as other options, and transplantation, before the onset ofend-stage renal
disease when kidney function is declining; and make recommendations on the
implementation of acost-effective plan for early screening, diagnosis, and treatment of
chronic kidney disease for the state's population.
HB 1379 by Joe Deshotel (D-Beaumont) and Jane Nelson (R-Lewisville) directs the
Texas Department of State Health Services to use existing resources to produce and
distribute informational materials about approved HPV vaccines including the
effectiveness, availability and contraindications. The materials must be available in
English and Spanish.
HB 1396 by Dawnna Dukes (D-Austin) and Judith Zaffirini (D-Laredo) changes the
Office of Minority Health to the Office for the Elimination of Health Disparities and
charge them to develop health initiatives to decrease or eliminate health and health access
disparities among racial, multicultural, disadvantaged, ethnic, and regional populations.
HB 1449 by Dwayne Bohac (R-Houston) Bob Deuell (R-Greenville) designates
November as Cancer Awareness Month.
HB 1594 by John Zerwas (R-Fulshear) and John Carona (R-Dallas) allows expedited
credentialing for a physician who j oins an established medical group that has a current
contract in force with a managed care plan.
HB 1676 by Dianne white Delisi (R-Temple) and Leticia Van de Putte (D-San Antonio)
requires the office of the attorney general to develop a public awareness campaign to
educate consumers concerning solicitations for the sale of prescription drugs that are
made using electronic mail or the Internet. The public awareness campaign must
emphasize the existence of reputable pharmacies and pharmacists that provide services
through the Internet and must provide information to assist a consumer in distinguishing
a reputable pharmacy or pharmacist from a seller that maybe unlicensed or fraudulent.
HB 1919 by Todd Smith (R-Bedford) and Leticia Van de Putte (D-San Antonio)
institutes a mandated benefit for treatment of an acquired brain injury including
outpatient day treatment services or other analogous post-acute care treatment services.
It would prohibit health benefit plans from including any lifetime limitation on the
number of days of acute care treatment covered. It prohibits exclusion of coverage in a
small employer health benefit plan for cognitive rehabilitation therapy, cognitive
communication therapy, neurocognitive therapy and rehabilitation, neurobehavioral,
neurophysiological, neuropsychological, or phychophysiological testing or treatment,
neurofeedback therapy, remediation, post-acute transition services, or community
reintegration services necessary as a result of and related to an acquired brain injury. It
also institutes a mandated benefit for autism spectrum disorder to enrollees between
two and six years old.
HB 1973 by Dianne white Delisi (R-Temple) and Jane Nelson (R-Lewisville) prohibits a
member of the Texas Medical Board from serving as an expert witness in a suit
involving a health care liability claim against a physician for injury to or death of a
patient. It requires the board to perform a needs assessment to determine the
performance goals that the board must meet to reduce any unreasonable delays in the
timely completion of the physician licensing process and to ensure the process is
completed in a reasonable number of days.
HB 1977 by Larry Taylor (R-League City) and Kip Averitt (R-warn) exempts the Texas
Health Insurance Risk Pool from state taxes, regulatory fees, surcharges, and premium
or maintenance taxes or fees. It requires the Commissioner of Insurance to conduct a
study concerning a program under which the pool would offer coverage to an individual
who is also covered under a group health benefit plan that is provided or offered to the
individual through an employer with pool coverage being secondary.
HB 2015 by John Smithee (R-Amarillo) and Robert Duncan (R-Lubbock) requires health
benefit plan issuers to provide a written report of claim information within 3 o days of a
written request from a plan sponsor or plan administrator (but no more than twice in a 12-
mont perio ).
HB 2132 by Joe Straus, III (R-San Antonio) and Leticia Van de Putte (D-San Antonio)
requires the Department of State Health Services to develop and implement a pilot
program to create and maintain a diabetes mellitus registry.
HB 2252 by Larry Taylor (R-League City) and Tommy Williams (R-The Woodlands)
provides that it is not considered discrimination or inducement to provide policyholders,
in addition to benefits under the terms of the insurance contract, health-related services
orhealth-related information, or to disclose the availability of those additional services
and information to prospective policy or certificate holders. It authorizes health insurers
to establish premium discounts, rebates, or a reduction in otherwise applicable
copayments, coinsurance, or deductibles, or any combination of these incentives, for an
insured who participates in programs promoting disease prevention, wellness, and health.
HB 2313 by Patrick Rose (D-Dripping Springs) and Robert Nichols (R-Jacksonville)
designate the second full week in September as obesity awareness week to raise
awareness of the health risks associated with obesity and to encourage Texans to achieve
and maintain a healthy lifestyle.
HB 2467 by Burt Solomons (R-Carrollton) and Leticia Van de Putte (D-San Antonio)
allows an insurer to modify a small or large employer health benefit plan if the
modification occurs at the time of coverage renewal; the modification is effective
uniformly among all small or large employers covered by that health benefit plan; and the
issuer notifies the Commissioner of Insurance and each affected covered small or large
employer at least 6o days before the modification takes effect.
HB 2827 by Larry Taylor (R-League City) and Mike Jackson (R-Pasadena) requires
emergency medical services vehicles to be equipped with an epinephrine injector or
similar device to treat anaphylaxis. A licensed physician acting as a medical director for
an emergency medical services system is authorized to restrict the use of the
administration of epinephrine auto-injector devices. Emergency medical services
personnel are required to complete continuing education training in the administration of
anaphylaxis treatment.
HB 3064 by Dianne Delisi (R-Temple) and Jane Nelson (R-Lewisville) prohibits
advertising and marketing material of a discount health care program from containing
false, misleading, or deceptive statements including statements that misrepresent the price
range of discounts offered by the discount health care program; misrepresent the size or
location of the program's network of providers; knowingly misrepresent the participation
of a provider in the program's network, or suggest that a discount card offered through
the program is a federally approved Medicare prescription discount card. Any
advertisement, solicitation, and marketing material of a discount health care program
must clearly state that the discount health care program is not insurance. It also institutes
licensing and regulation for discount health care programs.
HB 3184 by Garnet Coleman (D-Houston) and Bob Deuell (R-Greenville) requires the
Department of State Health Services to increase immunization awareness and
participation among parents of children in child-care facilities in the state's early
childhood vaccination program by publishing information on its web site to educate
parents of children in day care facilities about the benefits of annual vaccinations
against influenza for children six months to 50 months of age. The executive
commissioner of the Health and Human Services Commission is required to study the
wholesale distribution of influenza vaccine in the state to determine feasibility of
implementing a system that requires giving a priority in filling influenza vaccine orders
to physicians and other licensed health care providers authorized to administer the
vaccines.
HB 3735 by Jim McReynolds (D-Lufkin) and Robert Nichols (R-Jacksonville) requires
the Department of State Health Services and the Texas Diabetes Council to assist in the
establishment of a diabetes demonstration pilot program at the Memorial Health
System of East Texas to provide a comprehensive approach to promoting the prevention
and treatment of ancanthosis nigricans and diabetes.
HJR 90 by Jim Keffer (R-Eastland) and Jane Nelson (R-Lewisville) proposes a
constitutional amendment establishing the Cancer Research Institute of Texas to make
grants and loans to institutions of learning and to advanced medical research facilities and
collaborations and to support institutions of learning and advanced medical research
facilities and collaborations in all stages in the process of finding the causes of all types
of cancer in humans. It also authorizes the issuance of bonds of up to $3 billion.
SB 10 by Jane Nelson (R-Lewisville) and Dianne White Delisi (R-Temple) is an omnibus
Medicaid reform bill. It:
• Rewards Medicaid patients who complete smoking cessation, weight loss and
other preventative health programs;
• Encourages Medicaid managed care plans to enroll patients in "value-added"
preventative health services;
• Creates customized benefit plans that are tailored to a patient's individual care
needs;
• Creates a pilot program for Health Savings Accounts under Medicaid;
• Expands the effort to assist with the cost of premiums for those who are
Medicaid-eligible but have access to employer-based plans;
• Expands efforts to stop fraud and abuse;
• Authorizes co-pays for non-emergency visits to hospital emergency rooms,
providing that there are alternative health care options available;
• Standardizes the way hospitals report uncompensated care to eliminate guesswork
involved in the state's cost proj ections;
• Evaluates possible expansion of integrated care management to areas where it is
currently unavailable;
• Develop a model in which regional partnerships can be created to allow the state,
employers and local governments or charitable entities to join together in efforts
to connect Texans with health coverage;
• Creates a committee to recommend incentives for more employers to offer health
an ong-term care insurance;
• Establishes a low income funding pool that can be used to set aside a portion of
federal uncompensated care dollars to connect low-income families with private
health care;
• Expands access to breast and cervical cancer screenings and treatment for women
under Medicaid;
• Extends Medical services to former foster children who are enrolled in higher
education up to age 23;
• Allows the Health and Human Services Commission to implement health
information technology for the medical assistance program and allows a health
information technology pilot program for Medicaid providers;
• Directs a study into ways to increase the number of medical residency programs
in Texas; and
• Maintains the Medicaid Reform Legislative Oversight Committee.
SB 27 by Jane Nelson (R-Lewisville) and Dianne White Delisi (R-Temple) requires the
Department of Aging and Disability Services to contract with local mental retardation
authorities to implement the community living options information process. The
department is required to develop an effective community living options information
process; create uniform procedures for the implementation of the community living
options information process and minimize any potential conflict of interest regarding the
community living options information process between a state school and an adult
resident, an adult resident's legally authorized representative, or a local mental
retardation authority.
SB 29 by Jane Nelson (R-Lewisville) and Vicki Truitt (R-Southlake) requires the
Department of Information Resources, through TexasOnline and in consultation with the
Statewide Health Coordinating Council and the Health Professions Council to collect
information on each health professional including the full name and last four digits of
social security number; full mailing address; date and place of birth; sex; race and
ethnicity; description of primary practice setting; primary practice information;
information regarding any additional practice, including description of practice setting,
practice location zip code, and county; and educational background and training.
SB 91 by Leticia Van de Putte (D-San Antonio) and Bill Zeller (R-Arlington) adds
language to the required sign posted at establishments that sell tobacco products,
"Pregnant women should not smoke. Smokers are more likely to have babies who are
born premature or with low birth weight."
SB 138 by Jane Nelson (R-Lewisville) and Susan King (R-Abilene) requires the
coordinating board to develop methods to promote the retention and graduation of
students enrolled in a professional nursing program and to implement those methods
including recommendations on financial aid.
SB 139 by Jane Nelson (R-Lewisville) and Lois Kilkhorst (R-Brenham) requires the
Coordinating Board in consultation with the Board of Nurse Examiners, to conduct a
study to identify methods to improve the curricula of professional and vocational
nursing programs. The study must focus on methods to improve instruction on
providing safe and high-quality nursing care to patients.
SB 140 by Jane Nelson (R-Lewisville) and Lois Kolkhorst (R-Brenham) requires the
Department of State Health Services and the Texas Higher Education Coordinating Board
to conduct a j oint study of the feasibility of providing immunizations without charge or at
a discount to economically disadvantaged students enrolled in health professional
degree programs at institutions of higher education.
SB 141 by Jane Nelson (R-Lewisville) and Geanie Morrison (R-Victoria) allows the
Coordinating Board, in consultation with the administrative head of each agency that is a
member of or represented on the Health Professions Council to conduct a study to
evaluate the feasibility of institutions of higher education providing courses in which
students enrolled in different health science or health profession education programs may
enroll to study basic health science curricula together.
SB 143 by Royce West (D-Dallas) and Marc Veasey (D-Fort Worth) authorizes the
establishment of fetal and infant mortality review teams by local health authorities to
examine fetal and infant death instances. It also modifies the sign required to be posted
by sellers of tobacco products warning that sales to minors are prohibited by law and
health warnings for pregnant women.
SB 156 by Florence Shaprio (R-Plano) and Jerry Madden (R-Plano) requires the Health
and Human Services Commission to establish anurse-family partnership competitive
grant program to award grants for the implementation ofnurse-family partnership
programs, or the expansion of existing programs, and for the operation of those programs
for at least two years.
SB 201 by Jane Nelson (R-Lewisville) and Geanie Morrison (R-Victoria) expands the
$500 tuition credit for registered nurses who serve as a clinical preceptor for one
additional semester for each semester served and extend the same $500 credit for the
children of qualifying clinical preceptors.
SB 204 by Jane Nelson (R-Lewisville) and Dianne White Delisi (R-Temple) requires
medical records software systems sold to a person who administers immunizations to
interface with the state's immunization system and generate electronic reports that
contain the fields necessary to populate the immunization registry.
SB 288 by Jane Nelson (R-Lewisville) and Dianne White Delisi (R-Temple) requires the
Department of State Health Services to establish the Texas Health Care-Associated
Infection Reporting System to provide for the reporting of health care-associated
infections by health care facilities and the education and training of health care facility
staff. It establishes the Advisory Panel on Health Care-Associated Infections to guide the
implementation, development, and maintenance and evaluation of a reporting system for
reporting prevalence of acquired infections at Texas' hospitals and other health care
facilities.
SB 289 by Jane Nelson (R-Lewisville) and Geanie Morrison (R-Victoria) authorizes the
use of professional nursing shortage reduction program grants to encourage clinical
nursing instruction bypart-time faculty at public or private institutions of higher
e ucatlon.
SB 415 by Eddie Lucio, Jr. (D-Brownsville) and Jim McReynolds (D-Lufkin) requires
the University ofTexas-Pan American Border Health Office to administer a risk
assessment program for Type 2 diabetes.
SB 556 by Eddie Lucio, Jr. (D-Brownsville) and Jim McReynolds (D-Lufkin) creates the
State Obesity Council composed of the Commissioners of Agriculture, State Health
Services and Education or their designees to discuss the status of each agency's programs
that promote better health and nutrition and prevent obesity among children and adults
and consider the feasibility of tax incentives for employers who promote activities
designed to reduce obesity in the workforce.
SB 625 by Kyle Janek (R-Houston) and John Davis (R-Houston) allows the Texas
Medical Board to establish a joint committee to recommend to the board a list of narrow
therapeutic index drugs. It prohibits a pharmacist from interchanging a drug for
immunosuppressive therapy following a transplant without prior consent to the
interchange from the prescribing practitioner.
SB 811 by Kyle Janek (R-Houston) and Dawnna Dukes (D-Austin) requires the
Department of State Health Services to allow each health care provider participating in
the vaccines for children program to select any influenza vaccine approved by the US
Food and Drug Administration, recommended by the federal Advisory Committee on
Immunization practices; and made available under contract with the Centers for Disease
Control.
SB 943 by Kyle Janek (R-Houston) and Vicki Truitt (R-Southlake) requires licensing and
regulation of wholesale distributors of prescription drugs.
SB 992 by Jane Nelson (R-Lewisville) and Donna Howard (D-Austin) gives afour-year
extension for the Texas Higher Education Coordinating Board to award permanent health
funds for programs preparing students for licensure as registered nurses or programs
preparing qualified faculty members with a master's or doctoral degree program.
SB 994 by Jane Nelson (R-Lewisville) and Dianne white Delisi (R-Temple) authorizes
prescriptions for controlled substances to be communicated electronically,
telephonically, or orally to a pharmacist.
SB 1254 by Kip Averitt (R-Waco) and Larry Taylor (R-League City) makes changes to
the Texas Health Insurance Risk Pool to conform to other state and federal laws.
SB 1255 by Kip Averitt (R-Waco) and Larry Taylor (R-League City) authorizes a health
group cooperative to consist of small employers and at the option of the health group
cooperative consist of both small and large employers. Membership in a health group
cooperative is allowed to be restricted to small and large employers within a single
industry. A health croup cooperative that is composed of small and large employers is
considered a single employer.
SB 1274 by Leticia Van de Putte (D-San Antonio) and Chuck Hopson (D-Jacksonville)
authorizes the Board of Pharmacy to adopt rules governing the procedures for a
pharmacist, as part of compounding, to add flavoring to a commercial product at the
request of a patient.
SB 1391 by Carlos Uresti (D-San Antonio) and Todd Smith (R-Bedford) prohibits a
health benefit plan issuer from issuing or offering for sale a health benefit plan that
requires an enrollee to travel to a foreign country to receive a particular health care
service under the plan or a discount on the amount an enrollee must pay to receive a
particular health care service.
SB 1500 by Judith Zaffirini (D-Laredo) and Jodie Laubenberg (R-Wylie) designates the
Donor Education, Awareness, and Registry Program of Texas as the Glenda Dawson
Donate Life-Texas Registry.
SB 1566 by Dan Patrick (R-Houston) and Jim Jackson (R-Carrollton) creates the Texas
Bleeding Disorders Advisory Council to study and advise the Department of State
Health Services, the Health and Human Services Commission, and the Department of
Insurance on issues that affect the health and wellness of persons living with hemophilia
and other bleeding or clotting disorders.
SB 1658 by Robert Nichols (R-Jacksonville) and Chuck Hopson (D-Jacksonville)
authorizes a pharmacist to dispense up to a 3o-day supply of a prescription drug other
than a controlled substance in the event of a natural or manmade disaster without
authorization of the prescribing practitioner if failure to refill the prescription might result
in an interruption of a therapeutic regimen or create patient suffering; the natural or
manmade disaster prohibits the pharmacist from being able to contact the practitioner; the
governor has declared a state of disaster; and the Pharmacy Board notifies pharmacies
that pharmacists my dispense up to a 3 o-day supply of a prescription drug.
SB 1731 by Robert Duncan (R-Lubbock) and Carl Isett (R-Lubbock) makes several
changes to improve transparency in health care including:
• Establishes a Consumer Guide to Health Care website at the Department of State
Health Services and at the Board of Medical Examiners;
• Requires facilities to provide an estimate of charges for elective procedures;
• Requires facilities to refund consumers within 3o days of an overpayment;
• Expands state data collection to free standing imaging centers and out-patient
data;
• Authorizes approximately $1 million over the biennium to help fund data
collection;
• Requires physicians to develop and implement a written policy for billing
services;
• Provides consumer protections against the practice of balance billing;
• Directs the Texas Department of Insurance to implement rules on network
adequacy; and
• Directs TDI to conduct the network adequacy study through the Network
Adequacy Study Group.
SB 1832 by Robert Duncan (R-Lubbock) and Dan Gattis (R-Georgetown) requires a
person, physician or entity that does not directly supervise or perform anatomic
pathology services to disclose in the bill to the patient or the insurer in an itemized
statement the name and address of the physician or laboratory that provided the anatomic
pathology services; and the net amount paid or to be paid for each anatomic pathology
service provided to the patient by the physician of laboratory.
SB 1896 by Eddie Lucio, Jr. (D-Brownsville) and Dianne white Delisi (R-Temple)
authorizes pharmacists who practice as a consultant for a health care facility or a licensed
health care professional responsible for administration of drugs in a penal institution to
return to a pharmacy unused drugs other than controlled substances. (Current law
allows pharmacists who practice as a consultant for a health care facility to return unused
drugs.)
HUMAN RESOURCES/EMPLOYMENT
HB 550 by Dawnna Dukes (D-Austin) and Judith Zaffirini (D-Laredo) extends
unemployment compensation benefits to victims of family violence and employees
leaving the workplace to care for the employee's terminally ill spouse if no reasonable
alternative care is available.
HB 1205 by Jim Keffer (R-Eastland) and Kevin Eltife (R-Tyler) prohibits employment
discrimination against an employee who is a volunteer emergency responder and
who is absent from or late to the employee's employment because the employee is
responding to an emergency in the employee's capacity as a volunteer emergency
responder. The emergency responder is not entitled to be absent for more than 14 days in
a calendar year without employer approval. Employers with fewer than 50 employees are
exempt. Critical employees whose presence is required in order to continue the essential
functions of the employer, the absence of which could cause substantial and grievous
economic injury, severely compromise the ability of the employer to accomplish mission
critical functions, or jeopardize the safety and well-being of others are exempt.
Employers can reduce the wages or require the employee to use vacation time, personal
leave, or compensatory leave for the time the employee took off.
HB 1241 by Pat Haggerty (R-El Paso) and Mike Jackson (R-Pasadena) requires private
businesses to maintain the criminal history record of the business's security department
personnel on file at the business and make the record available for inspection by the
Department of Public Safety.
HB 1385 by Mike Villarreal (D-San Antonio) and Carlos Uresti (D-San Antonio)
requires small employers (with 50 or less full-time employees) that operate an
employer-based day-care facility to get a permit issued by the Department of Human
Services.
HB 2120 by Joe Deshotel (D-Beaumont) and Tommy Williams (R-The Woodlands)
provides that wages received by an individual from employment by employers during the
individual's base period (for unemployment compensation purposes) includes wages
ordered to be paid to the individual by a final order of the Workforce Commission that
were due to be paid to the individual by an employer during the individual's base period
and credited to the date on which the payment of those wages was due.
SB 311 by Leticia Van de Putte (D-San Antonio) and Rick Noriega (D-Houston)
prohibits a private employer from terminating the employment of a permanent employee
who is a member of Texas state military forces or the national guard of Texas or
another state.
SB 679 by Tommy Williams (R-The Woodlands) and Beverly Woolley (R-Houston)
requires surplus revenue in the unemployment compensation fund to be used to pay
outstanding bond obligations or to provide a surplus credit to an employer entitled to an
experience rate on the computation date.
SB 1619 by Eddie Lucio, Jr. (D-Brownsville) and Geanie Morrison (R-Victoria) requires
the Texas Workforce Commission to establish and enforce reasonable rules governing the
confidentiality, custody, use, preservation and disclosure of unemployment
compensation information. The rules must include safeguards to protect the
confidentiality of identifying information regarding any individual or any past or present
employer or employing unit contained in unemployment compensation information,
including any information that foreseeably could be combined with other publicly
available information to reveal identifying information regarding the individual,
employer, or employing unit.
INTERNET
HB 2559 by John Otto (R-Dayton) and Jeff Wentworth (R-San Antonio) authorizes car
dealers to sell or offer to sell a motor vehicle online via the Internet to a buyer who
never personally appears at the dealer's established and permanent place of business.
HB 3171 by David Swinford (R-Dumas) and Jeff Wentworth (R-San Antonio) requires
the Texas Education Agency to develop and make available to school districts a list of
resources concerning Internet safety, including a list of organizations and Internet
websites to assist teachers and students about the potential dangers of allowing personal
information to appear on an Internet website; the significance of copyright laws; and the
consequences of cyber-plagiarism and theft of audiovisual works, including motion
pictures, software, and sound recordings, through uploading and downloading files on the
Internet.
HB 3430 by Mark Strama (D-Austin) and Glenn Hegar Jr. (R-Katy) requires the
comptroller to establish and post on the Internet a database of state expenditures,
including contracts and grants, that is electronically searchable by the public. The
database must allow users to search and aggregate state funding by any element of the
information; ascertain through a single search the total amount of state funding awarded
to a person by a state agency; and download information yielded by a search of the
database. The Department of Information Resources is required to put a link to the
database on TexasOnline. It requires state agencies to prepare an economic impact
statement that estimates the impact on small businesses of a proposed rule. It requires
the Legislative Budget Board to post on the Internet information relating to state
contracts that exceed $50,000. It requires the comptroller to report on the capital
investment and job creation of contracts under the Texas Economic Development Act.
It allows institutions of higher education to use money received from health insurance
claims filed in connection with the institution's student health center to be used for the
construction, improvement, operation, or maintenance of the student health center or to
increase or enhance the services offered by the student health center.
SB 136 by Jane Nelson (R-Lewisville) and Dan Branch (R-Dallas) requires Texas School
Safety Center, in cooperation with the attorney general to develop a program that
provides instruction concerning Internet safety, including instruction relating to the
potential dangers of allowing personal information to appear on an Internet website; the
manner in which to report to inappropriate online solicitation; and the prevention,
detection, and reporting of bullying or threats occurring over the Internet.
SB 611 by Eddie Lucio, Jr. (D-Brownsville) and Mando Martinez (D-Weslaco) requires
the Texas Department of Insurance in conjunction with the Office of Public Insurance
Counsel to establish and maintain an Internet website that provides information to enable
consumers to make informed decisions relating to the purchase of residential property
insurance and personal automobile insurance.
SB 687 by Eliot Shapleigh (D-El Paso) and Burt Solomons (R-Carrollton) authorizes the
Texas Department of Information Resources to include in TexasOnline a method by
which a state agency or local government can track payments, including cash and credit
card payments, received by the state agency or local government. It requires the
Department of Information Resources to adopt standards for state agency Internet
websites to ensure consistency and compatibility with the TexasOnline Project and
would require all state agencies to make its Internet website conform to the standards.
SB 711 by Eliot Shapleigh (D-El Paso) and Burt Solomons (R-Carrollton) requires
TexasOnline, to the extent that resources are available, to include a consolidated
business application portal through which businesses can apply and submit payment for
original and renewal permits required by state agencies.
SB 1083 by John Carona (R-Dallas) and Stephen Frost (D-Atlanta) authorizes a judge or
justice of the peace to request and obtain a copy of a defendant's driving record from the
Texas Department of Public Safety using TexasOnline.
PRIVACY
HB 455 by Eddie Rodriguez (D-Austin) and John Whitmire (D-Houston) prohibits
disclosure of the home address, telephone number or social security number of an officer
or employee of a community supervision and corrections department.
HB 460 by Sid Miller (R-Stephenville) and Glenn Hegar, Jr. (R-Katy) prohibits a person
from using or possessing identifying information of a deceased natural person,
including a stillborn infant or fetus without legal authorization with the intent to harm or
defraud. The penalty is a state jail felony if the number of times information was
obtained, possessed, transferred, or used is less than five; a third degree felony if the
number of times is between five and ten; a second degree felony if the number is between
10 and 50; or a first degree felony for 50 or more.
HB 649 by Brian McCall (R-Plano) and John Carona (R-Dallas) prohibits a person from
obtaining, possessing, transferring or using the identifying information of a child
younger than 18 years of age with intent to harm or defraud.
HB 863 by Byron Cook (R-Corsicana) and Rodney Ellis (D-Houston) allows
accountants to request the social security number of their clients without adopting a
privacy policy.
HB 887 by Helen Giddings (D-Desoto) and Rodney Ellis (D-Houston) increases the
statute of limitations for identity theft and credit card or debit card abuse to five years.
HB 991 by Patrick Rose (D-Dripping Springs) and Bob Deuell (R-Greenville) prohibits
the Department of Public Safety from disclosing the names of persons licensed to carry
a concealed handgun except to a criminal justice agency.
HB 1042 by Aaron Pena (D-Edinburg) and Glenn Hegar, Jr. (R-Katy) makes identifying
information of crime victims or claimants confidential and not subject to disclosure
under the Public Information Act.
HB 1141 by Donna Howard (D-Austin) and Jeff Wentworth (R-San Antonio) makes
confidential information from local tax appraisal records of an employee of a
prosecutor's office or current or former peace officer or other office with jurisdiction
over child protective services matters.
HB 1237 by David Farabee (D-Wichita Falls) and Glenn Hegar, Jr. (R-Katy) prohibits
from disclosure the home address, home telephone number, e-mail address, social
security number, or date of birth of a person licensed to practice law upon request by
the person, and the governmental body is notified of the attorney's choice.
HB 2002 by Helen Giddings (D-Desoto) and Troy Fraser (R-Marble Falls) requires
financial institutions to notify electronic check verification entities that a customer is a
victim of identity theft.
HB 2061 by Jim Keffer (R-Eastland) and Tommy Williams (R-The Woodlands)
authorizes a county or district clerk to disclose a social security number contained in
information held by the clerk's office in the ordinary course of business. The clerk is
required to establish a procedure under which a social security number of a living person
that is contained in information held by the clerk, including information available on an
Internet website, would be redacted within a reasonable time by the clerk upon the
individual's request.
SB 74 by Eddie Lucio (D-Brownsville) and Ryan Guillen (D-Rio Grande City) requires
the attorney general to create an address confidentiality program for victims of family
violence.
SB 123 by Bob Deuell (R-Greenville) and Thomas Latham (R-Sunnyvale) exempts from
open records laws personal information of a child younger than 18 including the
person's name, age, home address, telephone number, social security number,
photograph, or the name of the child's guardian or family members if the information is
held by a municipality relating to the participation by a minor in a recreational program
Or actlvlty.
SB 222 by Rodney Ellis (D-Houston) and Senfronia Thompson (D-Houston) deletes the
requirement that a request to put a security freeze on a consumer's file maintained by a
consumer reporting agency be accompanied by a copy of a valid police report,
investigative report of registered complaint. It also exempts from security freeze
requirements a consumer reporting agency that acts only to resell credit information by
assembling and merging information contained in a database of another consumer
reporting agency or multiple consumer reporting agencies and does not maintain a
permanent database of credit information from which new consumer reports are
produced. It authorizes a consumer reporting agency to impose a reasonable charge of up
to $10 on a consumer for temporarily lifting a security freeze for a designated purpose or
for removing a security freeze.
SB 277 by Florence Shapiro (R-Plano) and Linda Harper Brown (R-Irving) prohibits the
use of the name of an individual who is an active duty or former member of the United
States Armed Forces, the reserves, or the state military forces, or a picture of the
individual in uniform in an advertisement for a commercial purpose without consent.
SB 606 by Steve Ogden (R-Bryan) and Dan Gattis (R-Georgetown) prohibits the
disclosure of the name of a student or minor who is a victim of abuse or unlawful
conduct by an educator.
SB 699 by John Carona (R-Dallas) and Drew Darby (R-San Angelo) requires courts in
civil cases to include in its initial pealing the last three numbers of the party's driver's
license number and the last three numbers of the party's social security number.
PROCUREMENT
HB 66 by David Leibowitz (D-San Antonio) and Kirk Watson (D-Austin) requires the
Department of Information Resources to select power management software to be used
by state agencies to reduce the amount of energy required to operate state computer
networks and networked personal computers.
HB 119 by Fred Brown (R-College Station) and Steve Ogden (R-Bryan) exempts from
competitive bidding requirements state agency purchases of X5,000 or less that are not
made under a written contract.
HB 273 by Vicki Truitt (R-Southlake) and Chris Harris (R-Arlington) requires school
districts that enter into a purchasing contract valued at $25,000 or more to document any
contract-related fee, including management fees, and report them annually to the school
board.
HB 1764 by Edmund Kuempel (R-Seguin) and Jeff Wentworth (R-San Antonio)
prohibits counties from making payments through anticipation notes if the payment
exceeds 20% of the county's annual budget or $10 million.
HB 2918 by Carl Isett (R-Lubbock) and Bob Deuell (R-Greenville) includes assistance
organizations in the list of entities for which the Department of Information Resources
is authorized to include in a procurement contract for automated information systems or
other contracts of $1 million or more. It requires each state agency to prepare a business
case and statewide impact analysis for each proposed major contract. A "major contract"
is a contract with a value of at least $1 million under which a vendor will perform or
manage an outsourced function or process. DIR is required to use the analysis to ensure
the proposed major contract does not duplicate existing statewide information resources
technology. It requires state agencies to develop, for each major contract, a project plan
and file the plan with the Quality Assurance Team and the Texas Building and
Procurement Commission before the agency spends more than 10% of allocated funds for
a major contract. It requires state agencies to purchase an automated information system
using Department of Information Resource information technology contracts or use a
purchasing method designated by Texas Building and Procurement Commission to obtain
the best value for the state. It repeals section of the Government Code relating to
catalogue purchases of automated information systems.
HB 3517 by Brandon Creighton (R-Conroe) and Kirk Watson (D-Austin) allows a
municipality to use the competitive sealed proposal procedure for the purchase of
goods or services, including high technology items. It requires a municipality that is
considering using a method other than competitive sealed bidding to determine before
notice is given the method of purchase that provides the best value of the municipality.
HB 3560 by David Swinford (R-Dumas) and Kyle Janek (R-Houston) changes the name
of the Texas Building and Procurement Commission to the Texas Facilities Commission
and transfer its authority for overseeing state purchasing to the Comptroller's office.
Procurement and management of computer and other high-technology contracts remain
with the Department of Information Resources.
SB 1765 by Kirk Watson (D-Austin) and Trey Martinez Fischer (D-San Antonio)
increases the threshold for municipalities to enter into contracts without competitive
bidding from $25,000 to $50,000. It requires a municipality, in making an expenditure
of more than $3,000 but less that $50,000 (rather than $25,000) to contract at least two
historically underutilized businesses on a rotating basis based on information provided by
the Texas Building and Procurement Commission.
PROPERTY
HB 413 by Rob Eisler (R-The Woodlands) and John Carona (R-Dallas) extends the sign
statute to create an offense if a person not only erects prohibited outdoor advertising but
if a person allows outdoor advertising to be erected ormaintained onhis/her property.
HB 573 by Veronica Gonzales (D-McAllen) and Eddie Lucio, Jr. (D-Brownsville) allows
counties to establish street lights along a county road in a subdivision located in the
unincorporated area of the county that has territory located within 150 miles of an
international border. The county could impose a fee on landowners in the subdivision
who benefit from the street lights.
HB 610 by Fred Brown (R-Bryan) and Glenn Hegar (R-Katy) requires municipalities,
when annexing an area, to include in the service plan a list of all services to be provided
in annexed areas within 21/2 years.
HB 1067 by Jim Murphy (R-Houston) and Kyle Janek (R-Houston) allows partial
replatting in subdivisions located in the City of Houston.
HB 1100 by Eddie Lucio, III, (D-Rancho Viejo) and Eddie Lucio, Jr. (D-Brownsville)
authorizes persons owning real property in a subdivision to apply to the commissioners
court of the county for permission to cancel an existing subdivision plat and to
reestablish the property using lots and blocks that are consistent with the previous
subdivision plat. This only applies to a subdivision for which a plat has been filed for 75
years or more; the most recent plat describes at least a portion of the property as acreage
tracts; a previous plat described a least a portion of the property as lots and blocks; and
the county tax assessor-collector lists the property on the tax rolls based on the
description in the previous plat.
HB 1495 by Bill Callegari (R-Katy) and Robert Nichols (R-Jacksonville) is the
Landowner Bill of Rights Act. It would requires the attorney general to prepare a
written statement that includes a bill of rights for property owners whose real property
maybe acquired by a governmental or private entity through the use of eminent domain.
It must notify each property owner that the property owner has the right to notice of the
proposed acquisition; a bona fide good faith effort to negotiate by the entity proposing to
acquire the property; an assessment of damages to the owner that will result from the
taking of the property; a hearing on the assessment of damages; and an appeal of a
judgment in a condemnation proceeding, including an appeal of an assessment of
damages. Before a governmental entity begins negotiation with a property owner to
acquire real property, the entity must send by first-class mail or otherwise provide a
landowner's bill of rights statement.
HB 1551 by Scott Hochberg (D-Houston) and Royce west (D-Dallas) eliminates the
ability of a defendant to continue maintaining a public nuisance after the defendant has
been sanctioned by the courts. It increases the authority of jurisdictions to abate the
occurrence of illegal activities at locations including multi-family residential sites, hotels,
motels, and other businesses where illegal activities occur.
HB 1671 by Mark Homer (D-Paris) and Kel Seliger (R-Amarillo) prohibits a person from
erecting a gate across neighborhood or third class roads unless it is approved by the
county commissioners' court of the county.
HB 1852 by Frank Corte (R-San Antonio) and Leticia Van de Putte (D-San Antonio)
allows a county to regulate lighting within 5 miles of a military base if requested by the
commanding officer of the base.
HB 2006 by Beverly Woolley (R-Houston) and Kyle Janelc (R-Houston) makes several
changes to procedures for the state or a political subdivision to exercise the power of
eminent domain including restricting eminent domain for economic development
purposes to projects that are for a public use and authorizing property owners whose
property is acquired for creating an easement to construct streets or roads at any location
above the easement. It adds a new section in law entitled the Truth in Condemnation
Procedures Act. It requires governmental entities to hold a record vote prior to initiating
a condemnation proceeding. If more than one ineinber objects to adopting a single
ordinance for all units of property to be condemned, a separate record vote will be
required for each unit of property with reasonable notice given to the property owner. An
entity exercising eminent domain authority is required to snake a bona fide offer based on
a reasonably thorough investigation and honest assessment of the amount of just
compensation to acquire the property from the property owner voltuitarily. If a court
determines that a condemning entity did not make a bona fide offer to acquire the
property voluntarily, the court is required to abate the suit and order the condemnor to
make a bona fide offer and order the condemnor to pay court costs and reasonable
attorney's fees. If the property is not used for the purpose for which it was acquired
within 10 years, the property owner or the owner's heirs are entitled to repurchase the
property for the price paid to the owner when the governmental entity acquired the
property. An entity other than a governmental entity that is authorized to exercise
eminent domain must give the property owner any information the property owner
requests. The property owner or the attorney general can go to court to compel the
release of requested information and recover court costs and attorneys fees. In eminent
domain cases involving the state highway system or a county toll project, the
commissioners are required to consider any diminished access to the highway and to or
from the remaining property to the extent that it affects the present market value of the
real property. A water and sewer utility can only acquire by condemnation easements or
lesser property interests reasonably necessary to comply with federal and state
regulations relating to sanitation.
HB 2281 by Frank Corte (R-San Antonio) and Carlos Uresti (D-San Antonio) authorizes
the governing body of a mtuiicipality to delegate the ability to approve minor replats.
HB 2819 by Allan Ritter (D-Nederland) and Mike Jackson (R-Pasadena) authorizes the
School Land Board to evaluate applications to use coastal public lands and issue
authorization for the uses that are determined to be in the best interest of the state.
HB 2931 by Tracy King (D-Batesville) and Judith Zaffirini (D-Laredo) authorizes a
landowner with real property enclosed by a fence designed to exclude intruders or
contain livestock to obtain from a court a judgment entitling the person to a lien against
the motor vehicle used to damage the fence.
HB 2944 by Jim Murphy (R-Houston) and John Whitmire (D-Houston) prohibits the
Texas Department of Transportation from approving a permit for outdoor advertising
without the approval of the municipality (in municipalities with a population of more
than 1.9 million).
HB 2945 by Jim Murphy (R-Houston) and John Whitmire (D-Houston) authorizes
municipalities with a population of 1.9 million or more to employ time-amortization as an
alternative means of compensation for on-premise signs removed because of regulatory
enactment.
HB 2991 by Jim Murphy (R-Houston) and Tommy Williams (R-The Woodlands) allows
the commissioners court of a county of 3.3 million or more or an adjacent county to deny
or designate access to or from a controlled access highway within the county and
outside the limits of a municipality, including a state highway, at which access to or from
the highway is permitted and determine the type and extent of access permitted at each
ocation.
HB 3325 by Juan Escobar (D-Kingsville) and Eddie Lucio, Jr. (D-Brownsville) grants the
Town of South Padre Island a five mile extension on its extraterritorial jurisdiction.
HB 3441 by Larry Phillips (R-Sherman) and Craig Estes (R-Wichita Falls) redefines
"eligible highway" in order to authorize the Texas Transportation Commission to adopt
rules regarding state requirements for sign placement to mirror federal requirements.
HJR 30 by Jim Jackson (R-Carrollton) and Kyle Janek (R-Houston) proposes a
constitutional amendment allowing a governmental entity to sell real property acquired
through eminent domain to the person or heirs of the person who owned the property
immediately before the taking at the price the entity paid if the public use for which the
property was acquired is canceled; no actual progress is made toward the public use
during a prescribed period of time; or the property is unnecessary for the public use.
SB 63 by Judith Zaffirini (D-Laredo) and Juan Escobar (D-Kingsville) authorizes the
commissioners' court of a county located within 100 miles of an international boundary,
with a population of more than 5,000, and no incorporated municipalities to enact
ordinances.
SB 182 by Jeff Wentworth (R-San Antonio) and Harvey Hilderbran (R-Kerrville) amends
the law relating to trespassing to include a recreational vehicle park as property on
which a person commits an offense if the person enters or remains on or in such property
of another without effective consent.
SB 781 by Eddie Lucio, Jr. (D-Brownsville) and Joe Pickett (D-El Paso) authorizes
district courts, at the request of a consumer, to enjoin a violation or threatened violation
of Texas' colonia prevention laws and requires the developer of the illegally plotted
land to bring the lots into compliance with state law.
SB 978 by Kirk Watson (D-Austin) and Craig Eiland (D-Texas City) increases the
allowable number of insurance claims filed before the insured is assessed a premium
surcharge from one claim during athree-year period to two claims during athree-year
perio .
SB 1781 by John Carona (R-Dallas) and Drew Darby (R-San Angelo) requires a person
with a right of action for the recovery of real property or an interest in real property
conveyed by an instrument with defects to bring suit within two years (rather than four
years).
SB 1867 by Judith Zaffirini (D-Laredo) and Ryan Guillen (R-Rio Grande City)
authorizes the commissioners court of a county to approve and issue an amending plat if
the amending plat is signed by the applicants to correct an error in a course or distance
shown on the plat; to add a course or distance that was omitted on the preceding plat; or
to correct an error in a real property description.
SJR 44 by Craig Estes (R-Wichita Falls) and Rick Hardcastle (R-Wichita Falls) proposes
a constitutional amendment authorizing the legislature to permit the voters of a
municipality with a population of less than l 0,000 to authorize the governing body of the
municipality to enter into an agreement with an owner of real property in or adj acent to
an area in the municipality that has been approved for funding under revitalization or
redevelopment programs to prohibit ad valorem tax increases on the owner's property
for a limited period.
TAX - AD VALOREM
HB 5 by Leo Berman (R-Tyler) and Bob Deuell (R-Tyler) limits the school property
taxes on the residence homesteads of the elderly and the disabled to reflect the
reduction in the tax rates from 2005 to 2006 and to 2007. (This is the enabling bill for
SJR 13.)
HB 35 by Burt Solomons (R-Carrollton) and Kel Seliger (R-Amarillo) prohibits the
compensation of the chief appraiser from being linked directly or indirectly to an
increase in the total market, appraised, or taxable value of property located in the
appraisal district.
HB 264 by Larry Phillips (R-Sherman) and Kevin Eltife (R-Tyler) allows a taxpayer to
file a simple check-off form prescribed by the comptroller if the information contained in
the taxpayer's most recent rendition statement for the prior tax year continues to be
accurate.
HB 316 by Sid Miller (R-Stephenville) and Troy Fraser (R-Marble Falls) exempts from
ad valorem taxes property that is part of a rail facility owned by a rural rail transportation
district.
HB 402 by Fred Hill (R-Richardson) and Glenn Hegar, Jr. (R-Katy) prohibits a member
of the board of directors of an appraisal district from directly or indirectly communicating
(ex parte communications) with the chief appraiser on any matter relating to the
appraisal of property by the appraisal district, except in an open meeting of the appraisal
district board of directors or another public forum; or closed meeting of the board to
consult with the board's attorney about pending litigation. A chief appraiser commits an
offense if he/she directly or indirectly communicates with a member of the board of
directors of the appraisal district on any matter relating to the appraisal of property except
in the same circumstances as above. An offense is a Class C misdemeanor.
HB 438 by Scott Hochberg (D-Houston) and Glenn Hegar (R-Katy) limits the maximum
percentage increase in the appraised value of a residence homestead for ad valorem
taxation to 10% regardless of the number of years since the most recent taX appraisal of
the homestead. (This is the enabling bill for HJR 40.)
HB 538 by Bill Callegari (R-Katy) and Robert Nichols (R-Jacksonville) provides that a
property owner who has not designated an agent to represent the owner at an appraisal
review board hearing is entitled to one postponement of the hearing of an appraisal
review board without showing cause if requested prior to the date of the hearing.
HB 604 by Donna Howard (D-Austin) and Jeff Wentworth (R-San Antonio) adds to the
definition of "qualified open-space land" land that is devoted principally to wildlife
management; and it qualifies for appraisal as open-space land regardless of the manner
in which the land was used in any preceding year. Wildlife management includes
actively using land to protect federally listed endangered species under a federal permit if
the land is included in a habitat preserve and is subject to a conservation easement or part
of a conservation development under a federally approved habitat conservation plan.
HB 923 by Vicki Truitt (R-Southlake) and John Carona (R-Dallas) provides that if an
assessor mails a tax bill to a mortgagee of a property, the assessor is not required to mail
a copy of the bill to any mortgagee.
HB 1022 by Harvey Hilderbran (R-Kerrville) and Tommy Williams provides that an
individual is entitled to a tax exemption of one motor vehicle owned by the individual
that is used in the course of the individual's occupation or profession and is also used for
personal activities of the owner. (This is the enabling bill for HJR 54.)
HB 1010 by Donna Howard (D-Austin) and Kyle Janek (R-Houston) allows appraisal
districts to consolidate appraisal district functions for property located in more than
one appraisal district.
HB 1210 by Jim Jackson (R-Carrollton) and Chris Harris (R-Arlington) allows the
governing body of the taxing unit to extend (for up to two years) the deadline for filing an
application for a refund of an overpayment or erroneous payment of ad valorem taxes
on showing of good cause by the taxpayer.
HB 1680 by David Swinford (R-Dumas) and Kel Seliger (R-Amarillo) prohibits the chief
appraiser from appealing an order of the appraisal review board determining a
taxpayer protect if the protest involved a determination of the appraised or market value
of the taxpayer's property and that value according to the order that is the subj ect of the
appeal is less than $1 million or for any other taxpayer protest, the property to which the
protest applies has an appraised value of less than $1 million. The chief appraiser can
appeal in one of those cases if taxpayer fraud is alleged.
HB 1899 by Kirk England (R-Grand Prairie) and Chris Harris (R-Arlington) authorizes
the aggregation of multiple tracts of land to be sold at a foreclosure sale when there are
five or more year (rather than the current 1 o years) of delinquent taxes on a group of
similarly situated parcels. It applies only incases where the delinquent parcels are in a
municipality with a population of more than 100,000 situated in two or more counties.
HB 1910 by Gary Elkins (R-Houston) and Kirk Watson (D-Austin) subjects a person's
personal property to seizure for the payment of a tax imposed on the property before
the tax becomes delinquent if the tax collector discovers that property on which the tax
has been or will be imposed is about to be sold in a liquidation sale in connection with the
cessation of a business and the collector knows of no other personal property in the
county from which the tax may be satisfied.
HB 1928 by Kino Flores (D-Mission) and Eddie Lucio, Jr. (D-Brownsville) exempts
from ad valorem taxes trailer-type units designed primarily for use as a temporary living
quarters in connection with recreational, camping, travel, or seasonal use.
HB 2087 by Fred Hill (R-Richardson) and Jeff Wentworth (R-San Antonio) prohibits
taxing entities that have had two petition elections where the voters did not approve a
limitation on the residence homesteads of the elderly or disabled from having another
election for three years.
HB 2138 by Ken Paxton, Jr. (R-Frisco) and Jeff Wentworth (R-San Antonio) is the
Property Tax Lender License Act. It would institute licensing requirements for
property tax lenders.
HB 2188 by Ken Paxton, Jr. (R-Frisco) and Tommy Williams (R-The Woodlands)
exempts information relating to real property sales prices, descriptions, characteristics,
and other related information received from a private entity by the comptroller or the
chief appraiser from public disclosure laws.
HB 2982 by Riclc Hardcastle (R-Vernon) and Kel Seliger (R-Amarillo) sets out a
procedure to taY portable drilling rigs and add a market condition factor to the formula
for appraisal of real property that has an oil or gas interest.
HB 3024 by Stephen Frost (D-Atlanta) and Kevin Eltife (R-Tyler) requires the appraisal
district to establish the value of property by clear and convincing evidence (rather than a
preponderance of the evidence) if a property owner provides at least two weeks prior to
the hearing an appraisal of the property performed with 180 days of the date of the
hearing (if the property is valued $1 million or less).
HB 3038 by Patrick Rose (D-Dripping Springs) and Kirk Watson (D-Austin) prohibits
the chief appraiser or any other person who performs appraisal services for the appraisal
district for compensation from being the appraisal district's taxpayer liaison officer.
HB 3191 by Fred Hill (R-Richardson) and Royce West (D-Dallas) increases the property
tax exemption from 50% to 100% for charitable organizations providing low-income
housing in a county with a population of at least 1.4 million.
HB 3195 by Fred Hill (R-Richardson) and Toininy Williams (R-The Woodlands)
requires a proposed municipal or county budget that will require raising more revenue
from property taxes than in the previous year to contain a cover page stating in 18-point
or larger type: "This budget will raise more total property taxes than last year's budget
by (insert total dollar amount of increase and percentage increase)." Adoption of a
budget that requires raising more revenue from property taxes than in the previous year
requires a separate vote of the governing body to ratify the increase.
HB 3492 by John Otto (R-Dayton) and Kyle Janek (R-Houston) requires the
comptroller's annual property value study to ensure that different levels of appraisal
resulting from protests are appropriately adjusted in the study.
HB 3495 by John Otto (R-Dayton) and Tommy Williams (R-The Woodlands) requires
the notice of a public hearing where the governing body will vote on a proposed tax
rate to include the total tax revenue raised in the previous rear and the tax rate per $100
valuation compared with the total taX revenue proposed to be raised in the current year
and the tax rate excluding tax revenue to be raised from new property.
HB 3496 by John Otto (R-Dayton) and Tommy Williams (R-The Woodlands) requires
notices of appraised value for single-family residences qualifying for a residential
homestead exemption to be delivered by April 1St (rather than May 15th). It requires
school districts (only in connection with taxes imposed in 2007) to provide in the tax bill
information on the amount of tax that would be imposed by applying the district's
maintenance and operations rate for the 2004 tax year to current total value for 2007; the
amount of tax that would be imposed by applying the district's maintenance and
operations rate for the 2007 tax year to current total value for 2007; and the amount, if
any, by which the amount calculated exceeds the second calculation, it must be labeled
"Estimate of school district maintenance and operations property tax savings
attributable to HB 1, Acts of the 79th Legislature, 3rd Called Session."
HB 3630 by Corbin Van Arsdale (R-Houston) and Glenn Hegar, Jr. (R-Katy) provides
that for land used for single-family residential purposes that is contiguous to
agricultural oropen-space land owned by the same person or the person's immediate
family, the chief appraiser is required to determine the price for which the land and the
contiguous land would sell for if sold as a single parcel of property and the portion of the
market value of the single parcel that would be attributable to the land. If the chief
appraiser used the market data comparison method of appraisal, he/she is prohibited from
using comparable sales data pertaining to the sale of land located in the corporate limits
of a municipality or in a platted subdivision or addition.
HJR 40 by Scott Hochberg (D-Houston) and Glenn Hegar, Jr. (R-Katy) is a
constihrtional amendment providing that a limitation on the inaxiinum percentage
increase in the appraised value of a residence homestead for ad valorem taxation
established by the legislature applies to a residence homestead regardless of the number
of years since the most recent tax appraisal of the homestead. (HB 438 is the enabling
bill.)
HJR 54 by Harvey Hilderbran (R-Kerrville) and Tommy Williams (R-The Woodlands)
is a constitutional amendment to exempt one or more passenger cars or light trucks
owned by an individual and used in the course of the owner's occupation or profession
and also for personal activities of the owner. (The enabling bill is HB 1022.)
SB 57 by Judith Zaffirini (D-Laredo) and Veronica Gonzales (D-McAllen) adds appeals
of orders of appraisal review boards to the list of cases given preference by trial courts
in counties with a population of less than 175,000.
SB 162 by Florence Shapiro (R-Plano) and Linda Harper-Brown (R-Irving) sets a
maximum tax rate of 60 cents per $100 taxable value for property subj ect to tax
abatement agreements entered into by the Dallas County Utility and Reclamation
District pertaining to single-family residential property.
SB 426 by Royce West (D-Dallas) and Fred Hill (R-Richardson) continues the ad
valorem tax exemption for low-income or moderate-income housing when there is a
change in ownership due to a foreclosure sale.
SB 456 by Kirk Watson (D-Austin) and Eddie Rodriguez (D-Austin) requires a written
communication delivered to a property owner by a taxing unit that threatens a lawsuit to
collect a delinquent tax assessed against property that may qualify as a residence
homestead to contain a notice that the property owner may qualify for a homestead
exemption.
SB 796 by Kyle Janek (R-Houston) and Larry Taylor (R-League City) provides that for
taxing units located in a county having a population of 250,000 or more that borders a
county having a population of 3.3 million or more and the Gulf of Mexico, the governing
body of a taxing unit that has its taxes collected by another taxing unit that has adopted
the split-payment option, may provide that the split-payment option does not apply to
the taxing unit's taxes collected by another taxing unit.
SB 812 by Kyle Janek (R-Houston) and Beverly Woolley (R-Houston) authorizes an ad
valorem tax exemption for non-profit corporations that engage primarily (rather than
exclusively) in providing chilled water and steam to ahealth-related institution.
SB 948 by Glenn Hegar, Jr. (R-Katy) and Corbin Van Arsdale (R-Houston) allows the
board of directors of an appraisal district to waive the penalty and interest on a
delinquent payment of a taxing unit's allocation of the appraisal district's budget for
good cause.
SB 1063 by Tommy Williams (R-The Woodlands) and Rob Eisler (R-The Woodlands)
authorizes the governing body of a taxing unit to waive penalties and interest on a
delinquent ad valorem tax if the taxpayer submits evidence showing that the taxpayer
attempted to pay the tax before the delinquency date by mail; the taxpayer mailed the tax
payment to an incorrect address that in a prior tax year was the correct address for
payment of the taxpayer's tax; the payment was mailed to the incorrect address within
one year of the date that the former address ceased to be the correct address for payment
of the tax; and the taxpayer paid the tax not later than the 21St day after the date the
taxpayer knew or should have known of the delinquency.
SB 1405 by Jeff Wentworth (R-San Antonio) and Jim Keffer (R-Eastland) requires the
chief appraiser to estimate and report the taxable value of property in each county,
city, and school district (current law only requires estimating and reporting to school
districts.)
SB 1520 by Jeff Wentworth (R-San Antonio) and Ken Paxton (R-Frisco) allows a
property owner to transfer a tax lien to a person who pays the taxes on behalf of a
property owner for delinquent taxes if the property is not subject to a recorded mortgage
lien or a tax lien transfer to the same person for one or more prior years on the same
property has been executed and recorded.
SJR 13 by Kip Averitt (R-Waco) and Leo Berman (R-Tyler) is a constitutional
amendment to allow the legislature to limit the school property taxes on the residence
homesteads of the elderly and the disabled to reflect the reduction in the tax rates from
2005 to 2006 and to 2007. It was adopted by the voters on May 12, 2007.
SJR 29 by John Carona (R-Dallas) and Kino Flores (D-Mission) is a constitutional
amendment to authorize the legislature to exempt all or part of the residence homesteads
of totally disabled veterans.
TAX -BUSINESS/FRANCHISE
HB 1207 by Jim Keffer (R-Eastland) and Steve Ogden (R-Bryan) repeals the HB 3 "exit
tax" attributable to currently taxable entities leaving the state during 2007. It would also
impose an exit tax (generally based on margin from Jan. 1, 2007) on currently non-
taxable entities doing business in Texas as of June 1, 2007 but leaving the state prior to
January 1, 2008.
HB 3928 by Jim Keffer (R-Eastland) is the revised franchise tax technical corrections
bill. Key provisions include:
Controlling Interest - It amends the definition of "controlling interest" to reduce
the threshold from 80% or more to more than 50%.
Limited Liability Partnerships - It amends the definition of a "taxable entity" to
include limited partnerships and clarifies that the exclusion for a general partnership
owned by natural persons does not apply to LLP's.
Rental Income - It requires partnerships to include gross rental income instead of
net rental income in determining total revenue.
Small Business Discount - It applies a sliding discount scale for taxable entities
with total revenue between $300,000 and $900,000. Entities with total revenue of less
than $300,000 are exempt; entities with total revenue between $300,000 and $4,000 get
an 80% discount; entities with total revenue between $400,000 and $500,000 get a 60%
discount; entities with total revenue between $500,000 and $700,000 get a 40% discount;
and entities with total revenue between $700,000 and $900,000 get a 20% discount.
Optional Alternative Calculation - It provides an optional alternative method
for calculating tax for businesses with total revenue of $10 million or less. It is
calculated by multiplying apportioned total revenue by 0.575%. Taxable entities electing
this calculation are eligible for the discounts for taxable entities with total revenue less
than $900,000 but may not use tax credits or other adjustments.
Combined Groups - It requires a taxable entity that is a combined group to
report Texas receipts for entities in the group that do not have nexus with Texas and the
amount of those receipts subject to taxation in another state due to the throwback
provisions.
Business Loss Carryforward - It changes the temporary credit provisions to
base the credit on business loss carryforwards that existed before January 1, 20008. The
annual business loss carryforwards are multiplied by 4.5%. The amount of carryforward
is limited to the liability of the taxable entity claiming the credit.
Client Company - It expands the definition of "client company" to include a
client of a temporary employment service.
Capital Gains -Capital gains from the sale of real property are included in the
income that is subj ect to the 90% test for a passive entity.
Business Tax Advisory Committee - It creates the Business Tax Advisory
Committee to conduct a study on the impact of the franchise tax on Texas businesses.
TAX -SALES
HB 142 by Jim Jackson (R-Carrollton) and John Carona (R-Dallas) repeals Sections
322.105(4) and 322.107 of the Tax Code relating to the imposition of local sales tax on
tangible personal property shipped or delivered from one transit district directly to a
purchaser in another transit district. It would eliminate the sales and use tax
exemption from sales tax imposed by a transit authority when the taxable items are
shipped outside of the authority's boundaries. The seller is required to collect the sales
and use tax regardless of where they are delivered based on the location of the seller.
HB 261 by Joe Pickett (D-El Paso) and Kyle Janek (R-Houston) exempts motor vehicles
sold by a federal, state, or local governmental entity at public auction from statutes
relating to the presumptive value of a motor vehicle.
HB 373 by Scott Hochberg (D-Houston) and Kip Averitt (R-Waco) institutes a sales tax
exemption sales made by individuals of items originally bought by the individual or the
individual's family for personal use if the individual does not hold a sales tax permit and
the total receipts do not exceed $3,000 in a calendar year.
HB 1720 by Jim McReynolds (D-Lufkin) and Steve Ogden (R-Bryan) repeals the
population threshold for counties eligible to create a county assistance district and
expands the functions for which a county assistance district can be created to include the
provision of firefighting and fire prevention services. The combined sales tax rate in the
area is still be capped at 2%.
HB 3084 by Larry Phillips (R-Sherman) and Bob Deuell (R-Greenville) authorize the
governing body of a municipality to call an election to repeal a municipal street
maintenance sales tax.
HB 3319 by Jim Keffer (R-Eastland) and Robert Duncan (R-Lubbock) is the sales tax
clean-up bill. It:
• Clarifies that a retailer is entitled to a sale for resale exemption on purchases of
cell phones that are provided to customers as part of the customer's purchase of
cell phone service.
• Narrows the exemption applicable to purchases ofover-the-counter drugs to only
those products bearing an FDA Drug Fact Panel.
• Moves the date for the annual sales tax holiday from the first weekend in August
to the third weekend in August to coincide with the later school start date.
• It adds backpacks to the list of items exempted during the sales tax holiday.
• Repeals destination-based sourcing rule for sales of services.
• It exempts materials used in constructing pharmaceutical biotech cleanrooms.
• Exempts hydrogen-powered cars from the Motor Vehicle Sales Tax.
• Clarifies that sales tax applies to ready-mix concrete produced by aready-mix
concrete contractor and incorporated into real property improvements.
• Creates atwo-day annual sales tax holiday over Memorial Day weekend for some
household appliances (washers, ceiling fans, dehimidifiers, dishwashers,
incandescent and fluorescent light bulbs, programmable thermostats, air
conditioners priced at $6,000 or less and regrigerators priced at $2,000 or less)
that have the Energy Star efficiency rating.
SB 190 by Kim Bruner (R-Fort Worth) and Diane Patrick (R-Arlington) requires the
Comptroller, upon request, to provide information to any municipality (not just a
municipality with a population of less than 275,000) relating to the amount of sales tax
paid to the municipality during the preceding or current calendar year by each person
doing business in the municipality who annually remits state and local sales tax
payments of more than $500.
TAX -OTHER
HB 1332 by Warren Chisum (R-Pampa) and Kyle Janek (R-Houston) authorizes a credit
or a refund of fuel taxes for purchase of diesel fuel used as feedstock in the
manufacturing of tangible personal property for resale or in a medium for the removal of
drill cuttings from a well bore in the production of oil or gas.
HB 1524 by Ryan Guillen (D-Rio Grande City) and Judith Zaffirini (D-Laredo)
authorizes a county located on an international border that has a population of less than
15,000 and that contains no incorporated territory of a municipality to provide for the
planning, acquisition, establishment, development, construction, or renovation of a
county parks and recreation system as a venue project. It county can call an election for
voter approval to finance a venue project.
HB 3314 by Jim Keffer (R-Eastland) and Robert Duncan (R-Lubbock) is the
comptroller's tax collections bill. It:
• Specifies that Travis County district courts are the venue and jurisdiction for tax
suits in connection with collection actions taken by the comptroller.
• Adds a statutory presumption that a taxpayer has collected taxes when the
taxpayer has filed a return showing tax due.
• Makes it a Class A misdemeanor for interference, trespass, or theft against seized
property.
• Makes individual officers, managers, and directors of business entities personally
liable for fraudulent tax evasion.
• Sets a deadline for bringing a suit to determine the validity of a state tax lien and
to create a rebuttable presumption regarding the receipt of proper notice of tax
liability.
• Adds backpacks with a price of less than $100 to the sales tax holiday.
• Allows an exemption or refund of diesel fuel tax paid on diesel fuel used by
metropolitan rapid transit authorities providing public school transportation
services to a school district.
HB 3315 by Jim Keffer (R-Eastland) and Robert Duncan (R-Lubbock) makes several
changes to insurance and insurance premium taxes. It:
• Authorizes the comptroller to enter into cooperative agreements with other states
to enforce state premium tax laws.
• Allows the comptroller to enter into reciprocity agreements with other states to
mutually set aside their retaliatory provisions in situations where those states
determined that retaliation was not the preferred means of protecting their
domestic insurers.
• Repeals Article 4.11 A relating to the administrative services tax relating to federal
preemption under the Employee Retirement Income Security Act statute.
• Increases the annual aggregate assessment on insurers for the Volunteer fire
Department Assistance Fund to $30 million (from $15 million).
SB 242 by Florence Shapiro (R-Plano) and Warren Chisum (R-Pampa) establishes a tax
division in the State Office of Administrative Hearings to perform contested case
hearings involving the collection, administration, and enforcement of taxes and fees.
SB 377 by Kyle Janek (R-Houston) and Warren Chisum (R-Pampa) requires the
comptroller by rule to require a taxpayer who paid $10,000 or more in taxes the previous
year to file electronically.
SB 1502 by Judith Zaffirini (D-Laredo) and Valinda Bolton (D-Austin) authorizes
emergency services districts that otherwise would be precluded from adopting a sales
and use tax to adopt a sales and use tax, change the rate of its sales and use tax, or abolish
its sales and use tax at an election if the board excludes from the election and the
applicability of any proposed sales and use tax any territory in the district where the sales
and use tax is at the 2% cap; and not later than the 30th day after the date on which the
board issues the election order, gives, for informational purposes, written or oral notice
on the proposed imposition, increase, or abolition of the sales and use tax, including the
reasons for the proposed change, to the commissioners court of each county in which the
district is located.
TECHNOLOGY
HB 320 by Buddy West (R-Odessa) and John Carona (R-Dallas) expands the list of
entities authorized to use electronically readable information from a driver's license or
personal identification certificate to include businesses for the purpose of check
verification at the point of sale.
HB 368 by Will Hartnett (R-Dallas) and Kirk Watson (D-Austin) allows the Office of
Court Administration to award a grant to a local or state governmental entity in the
judicial branch to provide technological support for the judiciary.
HB 401 by Betty Brown (R-Athens) and Judith Zaffirini (D-Laredo) makes it an offense
to use text messaging or electronic media to solicit sex or distribute sexually explicit
material to a minor.
HB 674 by David Swinford (R-Dumas) and Kel Seliger (R-Amarillo) authorizes the
Department of Information Resources to accept a gift or grant of money, services, or
property on behalf of the state for any public purpose related to the duties of the
department.
HB 675 by David Swinford (R-Dumas) and Kel Seliger (R-Amarillo) allows the heads of
agencies that serve on the governing board of the Department of Information
Resources to designate an employee on the agency's management or senior staff level to
serve in their place.
HB 732 by Mike Krusee (R-Round Rock) and Steve Ogden (R-Bryan) allows county
clerks to accept any instrument authorized or required to be recorded in the clerk's office
to be filed electronically without an original signature.
HB 1060 by Tan Parker (R-Flower Mound) and Chris Harris (R-Arlington) allows
hospitals to use electronically readable information from a driver's license or personal
identification certificate.
HB 1795 by Marc Veasey (D-Fort Worth) and Eliot Shapleigh (D-El Paso) authorizes the
Finance Commission of Texas to establish rules that enhance customer security at
unmanned teller machines through the implementation of new technologies.
HB 2235 by Ryan Guillen (D-Rio Grande City) and Judith Zaffirini (D-Laredo)
authorizes the executive committee of the Office of Rural Community Affairs to
establish a grant program to award grants to public institutions of higher education,
public high schools, and governmental entities located in a rural border county for the
development and operation ofmulti-institutional technology centers that provide
community access to technology, computer literacy programs, educational programs
designed to provide concurrent enrollment credit for high school students taking
postsecondary courses in information and emerging technologies, training for careers in
technology-related fields and other highly skilled industries, and technology-related
continuing and adult education programs.
HB 2990 by Jerry Madden (R-Plano) and Kel Seliger (R-Amarillo) requires correctional
facilities constructed on or after September 1, 2007 to be designed and built to use an
electronic monitoring and tracking system to monitor the physical location and safety
of all inmates housed in the facility; all employees working in the facility; all third-party
vendors or other contractors who work in the facility; and all visitors to the facility who
are granted access to areas of the facility to which only employees are normally
admitted. The Texas Department of Corrections is authorized to retrofit correctional
facilities constructed prior to September 1, 2007 to use an electronic monitoring system.
SB 237 by Florence Shapiro (R-Plano) and Jerry Madden (R-Plano) requires the supreme
court to adopt rules governing the electronic filing of documents in civil cases injustice
of the peace courts.
SB 955 by John Whitmire (D-Houston) and Sylvester Turner (D-Houston) authorizes
persons screening an individual to work with children if the person is an employee of a
public school district ornon-profit organization to use electronically readable
information on a driver's license or personal identification certificate.
SB 1828 by John Whitmire (D-Houston) and Mike Hamilton (R-Mauriceville) authorizes
the use of electronically readable information on a drivers' license or personal
identification certificate for alcoholic beverage retailers to determine if the license or
certificate holder is over the age of 21.
TELECOMMUNICATIONS
HB 73 by Dan Flynn (R-Van) and Leticia Van de Putte (D-San Antonio) prohibits a
person from fraudulently obtaining or attempting to obtain a telephone record of an
individual without authorization of the resident to whom the record pertains by: making
a statement the person knows to be false to an agent of a telephone company; making a
statement the person knows to be false to a telephone company; fraudulently accessing
the record through the telephone company's Internet website; or providing to a telephone
company a document that the person knows is fraudulent, has been lost or stolen, has
been obtained by fraud, or contains a false, fictitious, or fraudulent statement or
representation. It is also an offense to ask another person to obtain a telephone record of
a resident of the state knowing that the record will be obtained in a prohibited manner; to
sell, transfer, or attempt to sell or transfer a telephone record without authorization; offer
to obtain or offer to sell a telephone record that has been obtained without authorization.
A violation is a Class A misdemeanor with a fine of up to $20,000.
HB 143 by Joe Deshotel (D-Beaumont) and John Carona (R-Dallas) expands the
application of the Texas no-call list for mobile telephones to include transmissions of a
text or graphic message or image. It does not apply to a transmission made to a mobile
telephone number as part of an ad-based telephone service, in connection with which the
telephone service customer has agreed with the service provider to receive.
HB 735 by Joe Straus, III (R-San Antonio) and Tommy Williams (R-The Woodlands)
discontinues the Telecommunications Infrastructure Fund assessment upon the
calendar quarter ending September 30, 2008.
HB 1459 by Ryan Guillen (D-Rio Grande City) and Kyle Janek (R-Houston) exempts
calls made from a pay phone from the sales tax on telecommunications services.
HB 1788 by Jim Pitts (R-Waxahachie) and Glenn Hegar, Jr. (R-Katy) requires the Health
and Human Services Commission to develop a coordinated strategic plan for information
resources management that is consistent with the state strategic plan for information
resources developed by the Department of Information Resources. It requires the
Department of Information Resources, incoordination with the Legislative Budget
Board, the Texas Building and Procurement Commission, and the comptroller to prepare
a report assessing the current automated information systems of state agencies.
HB 1789 by Jim Pitts (R-Waxahachie) and Glenn Hegar, Jr. (R-Katy) requires all
information resources projects to be managed using project management practices
including the documented and repeatable methods that a state agency uses to apply
knowledge, skills, tools, and techniques to satisfy project activity requirements. The
Department of Information Resources is required to establish guidelines for project
management practices.
SB 757 by Glenn Hegar, Jr. (R-Katy) and Bill Callegari (R-Katy) requires the
Department of Information Resources to establish plans and policies for the system of
telecommunications services managed and operated by the department. The plan must
assess the progress made toward accomplishing the goals of the plan for a state
telecommunications network and developing a system of telecommunications services.
The plan must also provide information about best practices to assist state agencies in
adopting methods for design, deployment, and management of telecommunications
services. It eliminates the Telecommunications Planning and Oversight Council and
give its duties to the Department of Information Resources.
TORT
HB 823 by Allan Ritter (D-Nederland) and Tommy Williams (R-The Woodlands)
indemnifies professionals who provide architectural or engineering services performed
voluntarily and uncompensated during a declared emergency and performed at the
request of a federal, state, or local public official.
HB 1070 by Jodie Laubenberg (R-Wylie) and Craig Estes (R-Wichita Falls) requires at
least $1 million in liability insurance for amusement rides.
HB 1183 by John Otto (R-Dayton) and Robert Nichols (R-Jacksonville) limits the
liability of a landowner that allows his/her land to be used for radio control flying and
related activities.
HB 1560 by Bill Callegari (R-Katy) and Mike Jackson (R-Pasadena) indemnifies a
governmental unit when property owned by the governmental entity is used for
recreational purposes involving paintball use.
HB 1602 by Corbin Van Arsdale (R-Houston) and Troy Fraser (R-Marble Falls) provides
that venue for lawsuits brought under the federal Employers' Liability Act (the Jones
Act) in state court would be either in the county in which the events resulting in the claim
occurred; in the county where the defendant's principal office is located; or if the other
two options do not apply, in the county where the plaintiff resided at the time the cause of
action accrue .
HB 2005 by Beverly Woolley (R-Houston) and Robert Duncan (R-Lubbock) adds
practicing and retired physical and occupational therapists and their assistants to the
list of volunteer health care providers exempted from liability under the Charitable
Immunity and Liability Act.
HB 2117 by Tan Parker (R-Flower Mound) and Chris Harris (R-Arlington) exempts from
liability persons who in good faith administer emergency care as a public safety
volunteer whose duties include responding rapidly to an emergency and including a
person who administers emergency care using an automated external defibrillator.
HB 3281 by Phil King (R-Weatherford) and Robert Duncan (R-Lubbock) authorizes a
claimant to recover medical or health care expenses that are actually paid or are
incurred on behalf of the claimant.
SB 618 by Jeff Wentworth (R-San Antonio) and Will Hartnett (R-Dallas) gives justice,
county, and small claims courts jurisdiction in matters up to $10,000 (rather than
$5,000).
SB 749 by Kyle Janek (R-Houston) and Will Hartnett (R-Dallas) makes the presiding
judge a party in interest for the limited purpose of requesting a writ of mandamus from
appellate courts to enforce priority setting hearings and trials for asbestos-related or
silica-related cases in which the exposed person is living and has been diagnosed with
malignant mesothelioma, malignant silica or malignant asbestos-related cancer, or acute
silicosis. It authorizes additional compensation for the presiding judge of asbestos or
silica cases and authorizes the presiding judge to appoint up to four staff members to
address the additional workload.
SB 791by Tommy Williams (R-The Woodlands) and Craig Eiland (D-Texas City)
classifies oysters as an inherently unsafe product for human consumption.
SB 1047 by Kel Seliger (R-Amarillo) and David Swinford (R-Dumas) authorizes
information obtained by the consumer protection division of the attorney general's office
through a civil investigative demand under the Deceptive Trade Practices-Consumer
Protection Act to be maintained by a designated employee of the office of the attorney
general (rather than an authorized employee of the consumer protection division).
WORKERS' COMPENSATION
HB 34 by Burt Solomons (R-Carrollton) and Kim Brimer (R-Fort Worth) prohibits the
giving, allowing, or paying (or offering to give, allow or pay) of an improper
inducement relating to the delivery of benefits to an injured employee or improperly
attempts to influence the delivery of benefits to an injured employee, including through
the making of improper threats. A violation is a Class A administrative violation.
HB 472 by Burt Solomons (R-Carrollton) and Leticia Van de Putte (D-San Antonio)
amends the current third party administrator law to subject TPA's dealing with workers'
compensation insurance and workers' compensation self insurers to Texas Department
of Insurance licensing and requires them to file an annual report on their activities with
the insurance commissioner.
HB 473 by Burt Solomons (R-Carrollton) and Leticia Van de Putte (D-San Antonio)
authorizes insurance carriers to use an informal voluntary network to obtain a contractual
agreement that provides for fees different than the fee guidelines. If a carrier chooses
to use an informal voluntary network to obtain a contractual fee, there must be a
contractual arrangement between the carrier and the informal voluntary network; and the
informal voluntary network and the health care provider. Informal voluntary networks
must be certified as a workers' compensation health care network.
HB 886 by Helen Giddings (D-Desoto) and Kirk Watson (D-Austin) allows the
Commissioner of Insurance to establish an optional preauthorization plan for
employers that participate in a pilot program. An employer can make a proposal
describing the workplace modifications and other changes that the employer proposes to
make to accommodate an injured employee's return to work.
HB 888 by Helen Giddings (D-Desoto) and Kirk Watson (D-Austin) requires medical
providers, upon written request of an ombudsman, to release medical records at no cost
to an ombudsman from the Office of Injured Employee Counsel (OIEC) who is assisting
an injured worker.
HB 1003 by Helen Giddings (D-Desoto) and Kirk Watson (D-Austin) requires
independent review organizations that use doctors to perform reviews of health care
services to use only doctors licensed to practice in Texas.
HB 1005 by Helen Giddings (D-Desoto) and Leticia Van de Putte allows health care
providers that fail to timely submit a claim for payment to the appropriate insurance
carrier to not forfeit the provider's right to reimbursement for the claim, if the provider
submits proof satisfactory to the commissioner that the claim was erroneously filed with
either the insurer that issues a policy of group accident and health insurance under which
the injured employee is a covered insured; a health maintenance organization that issues
an evidence of coverage under which the injured employee is a covered enrollee; or a
workers' compensation insurance carrier other than the insurance carrier liable. The
commissioner can also determine that the failure resulted from a catastrophic event that
substantially interfered with the normal business operations of the provider. A health
care provider who erroneously submits a claim forfeits the provider's right to
reimbursement if the provider fails to submit the claim to the correct carrier within 95
days after the date the provider is notified of the erroneous submission of the claim.
HB 1006 by Helen Giddings (D-Desoto) and Kirk Watson (D-Austin) requires a
utilization review agent or an insurance carrier that uses doctors to perform reviews of
health care services to use only doctors licensed to practice in Texas.
HB 2004 by Helen Giddings (D-Desoto) and Eddie Lucio, Jr. (D-Brownsville) requires a
doctor who reviews a workers' compensation case through peer review or utilization
review to be certified in a professional specialty appropriate to the care received by the
injured employee.
SB 458 by Kirk Watson (D-Austin) and Helen Giddings (D-Desoto) amends the
definition of "health care" to include prosthetic or orthotic devices and the fitting of,
changing or repair to such devices.
SB 471 by Kim Brimer (R-Fort Worth) and Craig Eiland (D-Texas City) requires the
Commissioner to prescribe information that must be reported on each workers'
compensation claim and thereby remove the information currently deemed necessary by
statute.
SB 1169 by Kyle Janek (R-Houston) and Gary Elkins (R-Houston) allows for the
reimbursement of an insurance carrier for any overpayment of benefits made by the
insurance carrier based on an opinion rendered by a designated doctor, if that opinion is
reversed or modified by a final arbitration award or a final order or decision of the
commissioner or a court. Reimbursement would be from the subsequent injury fund.
SB 1627 by John Carona (R-Dallas) and Mando Martinez (D-Weslaco) allows for the
prosecution of persons that fraudulently violate the workers' compensation insurance
laws.
WORKFORCE
HB 48 by Norma Chavez (D-El Paso) and Judith Zaffirini (D-Laredo) deletes the sunset
date on the law that sets the amount allocated annually from the employment and training
investment holding fund at 67% for the Texas Enterprise Fund and 33% for the Skills
Development Fund.
HB 2383 by Eddie Lucio, III (D-Rancho Viejo) and Eddie Lucio, Jr. (D-Brownsville)
authorizes the payment costs of certification exams in career and technology programs
provided the student passes the test and demonstrates financial need. It changes the
criteria for the Early High School Graduation Scholarship program to require
graduation from a "public" high school in Texas; completing high school in no more than
46 (rather than 45); and be a citizen of the United States or be lawfully authorized to be
present in the United States.
HB 3074 by Brandon Creighton (R-Conroe) and Carlos Uresti (D-San Antonio) deletes
the requirement that the Texas Workforce Commission in consultation with local
workforce development boards to establish contracting guidelines for boards designed to
ensure that an entity that contracts with a local workforce development board to use,
display, and advertise the entity's name when providing workforce services for the
board.
HB 4065 by John Otto (R-Dayton) and Kirk Watson (D-Austin) requires the Texas
Workforce Commission to establish a pilot program to provide grants for the construction
of facilities for job training and employment services.
Additional information can be obtained via the Senate and House websites:
www.senate.state.tx.us
www.house.state.tx.us
AGENDA INFORMATION SHEET
AGENDA DATE: June 19, 2007
DEPARTMENT: Economic Development
CM: George C. Campbell ~~
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Receive a report, hold a discussion and give staff direction regarding the establishment of
Public Improvement District (PID) Guidelines.
BACKGROUND
The City Council received a request from the developers of Hunter's Ranch to consider
the creation of a public improvement district (PID) to fund a portion of the public
infrastructure costs involved in that project. Council requested that the Economic
Development Partnership (EDP) Board review the PID request and report back to the
Clty COU11c11.
At their October and November 2006 meetings, the EDP Board received information and
discussed the purpose and structure of PIDs. A PID allows the City to collect and levy a
special assessment on property that is located within the city limits and within the City's
ETJ. The funds from the assessment can be used to make public infrastructure
improvements and to maintain those improvements. The developer, Clty financial
advisors, and bond counsel also participated in the discussions. At their January and May
2007 meetings, the EDP Board drafted the attached guidelines for the City Council's
review and discussion tonight. The following is an overview of the guidelines as
proposed:
Section 1 addresses the quality of the development. The Board recommends that the City
Council consider the creation of a PID for high quality developments that do not exist or
perhaps are limited within the City. Since the property owners located within the district
will be paying this additional assessment, it is important that the developer describe in his
application the elements that make the development unique and worthy of the additional
assessment. The document provides elements the Board suggests could be considered.
Section 2 simply describes the types of improvements that are eligible under the PID
Assessment Act.
Section 3 addresses two options for funding PIDs. Funding Option 1 ispay-as-you-go.
Under this option the assessments are collected and disbursed annually. The amount
disbursed cannot exceed the amount collected or the expenses incurred, whichever is less.
This is the type of PID we have typically seen in the Metroplex and most frequently used
for maintenance projects.
-1-
Funding Option 2 requires the sale of bonds after construction of the project or a portion
of the project has been completed. This is the type of funding the Hunter's Ranch
developers are seeking. Under this scenario, the Board recommends the developers incur
the cost of the public infrastructure and complete 50% of the buildings (homes or
commercial structures) before the bonds could be sold to reimburse the developer. If the
project is built in phases, the Council could consider selling bonds as each phase is
completed by at least 50%. The Council could consider reducing the percentage of
completion required if the financial feasibility report justifies the reduction. The sale of
bonds must be structured so that the property owners are responsible for the debt and the
City is held harmless.
Section 4 recommends an assessment cap. In early discussions the Board considered the
amount of $1 per $100 valuation as a cap that would include the City's tax rate and the
PID assessment. Some of the water districts in the area have chosen the $1 assessment
and have been successful in developing their projects. At present, the City's tax rate is
$0.62652 (approximately 60% of $1). A $1 cap would limit the PID assessment to
$0.37348 (approximately 40% of $1). The Board recommends the Council adopt a limit
for PID assessment of $0.40 per $100 valuation. Should the City's tax rate increase in
the future, PIDs could still be eligible up to $0.40 even though the total City and PID
assessment could exceed $ l . The decision of a PID assessment rate is one the Council
would need to carefully consider on acase-by-case basis.
Section 5 outlines information required in the PID application. Additional information
can be requested for any project - as requested by staff, Council or City financial
advisors or bond counsel.
Section 6 requires a deposit of $2,500 at the time of application to be used to reimburse
the City's administrative costs. Should a balance remain after the application has been
processed, the funds would be returned to the applicant.
PRIOR ACTION/REVIEW
The Economic Development Partnership Board drafted the guidelines for City Council
consideration and stresses that the document is not meant to be a strict policy, but
guidelines to follow when considering future PID applications. In addition, the Board
believes that PID applications should be carefully considered on acase-by-case basis.
The Board is not recommending a PID for any particular development at this time.
EXHIBITS:
Draft Public Improvement District Guidelines
Respectfully submitted:
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Linda Ratliff, Director
Economic Development Department
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DRAFT
Public Improvement District (PID) Guidelines
Mixed-Use or Residential PIDs
The Public Improvement District (PID) Assessment Act (the "Act") allows a city to levy
and collect special assessments on property that is within the city or within the city's
extraterritorial jurisdiction (ETJ) to make certain improvements as authorized by the Act
to the infrastructure to facilitate economic growth within an area. The following
guidelines are intended to aid the City Council in determining if the creation of a PID is
financially feasible, practical and in the best interest of the citizens of Denton. This
document does not require the City Council to participate in PIDs, nor does it prevent
the City Council from establishing PIDs with elements that vary from these guidelines.
Section I -Policy Statement
The City Council reserves the right to consider PID applications on a case-by-case
basis. Projects that bring a unique, high quality desired producfto the City of Denton,
and such uniqueness or high quality could not be created unless PID funding is
available, may be considered. Consideration will be given to developments that provide
the types of development that diversify and enhance the tax base.
Desired product is defined as a high quality mixed-use development that does not exist
within the City of Denton (or is limited) at the time the PID application is presented. The
development must promote the policy of the Denton Plan. Elements of the development
may include:
• The development should exceed Denton Development Code standards in a
combination of areas. Examples might be:
o Park land/development
o Architectural design
o A high quality in building materials not seen in other developments
o Lot sizes that exceed the average lot size in Denton
o A higher quality of amenities not provided in other developments in
Denton
• The development provides a significant impact in the quality of residential units
on the community. PIDs may also be considered for redevelopment areas such
as downtown.
• Developments of significant size should have a commercial component that
provides services and products that serve the needs of the neighborhood, i.e.,
cleaners, pharmacy, bank, etc.
• The development must have a cohesive theme throughout that identifies the
unique nature of the project.
• Amenities or characteristics that describe the project as unique must be clearly
definable and measurable as the developer will be required to demonstrate the
project has been completed as proposed.
• Ongoing operation and maintenance costs for amenities or public facilities where
the costs are borne by the City of Denton (i.e., library, dedicated parks} may
eliminate a project from consideration.
Section 2 -Reimbursable expenditures
Public amenities and facilities must be available to all City of Denton citizens. Some or
all of the following list of improvements may be financed through PID funds; however,
the City Council reserves the right to consider each project on acase-by-case basis and
will determine the appropriate improvements applicable to any project.
• Water, wastewater, health and sanitation, or drainage improvements (including
acquisition, construction, or improvements of water, wastewater or drainage
improvements};
• Street and sidewalk improvements (acquiring, constructing, improving, widening,
narrowing, closing or rerouting sidewalks, streets or any other roadways or their
rig ht-of-Way);
• Mass transit improvements (acquisition, construction, improvement or rerouting
of mass transportation facilities);
• Parking improvements (acquisition, construction or improvement of off-street
parking facilities};
• Library improvements (acquisition, construction or improvement of libraries};
• Park, recreation and cultural improvements (the establishment or improvement of
parks);
• Landscaping and other aesthetic improvements (erection of fountains, distinctive
lighting and signs);
• Art installation (acquisition and installation of pieces of art);
• Creation of pedestrian malls (construction or improvements of pedestrian malls)
• Similar improvements (projects similarto those listed above);
• Supplemental safety services, including public safety and security services;
• Supplemental business-related services for the improvement of the district,
including advertising and business recruitment and development.
Section 3 - FundinglReimbursement of Costs
PIDs will not be used for construction financing. The City Council may consider one of
two options to reimburse public improvementdistricts for eligible costs. The City
Council will review each development on acase-by-case basis to determine the
appropriate funding option.
A. Funding Option 1 -Pay As You Go. Under this option, the assessed funds are
disbursed annually in an amount that does not exceed the expenditures incurred
for eligible project costs. No bonds secured by PID assessments shall be sold.
Although this option is used most frequently for maintenance projects, the City
Council may consider the Pay As You Go Option for any project. The term for
Pay As You Go PIDs may not exceed 30 years for capital expenditures.
Operation and Maintenance PIDs may be ongoing.
B. Reimbursement Option 2 -Revenue Bond Sales After Construction. Under this
option, the City Council may approve the sale of bonds secured solely with PID
assessments to reimburse eligible costs once a minimum of 50% of the planned
residentiallcommercial construction is at full completed value. If the project is
built in phases, bonds may be sold for each phase. The comparative size of
each phase must be acceptable to the City. A minimum of 50% of the planned
residentiallcommercial development of each phase must be constructed and
accepted by the City of Denton at full completed value before bonds may be sold.
Financial security of the developer and feasibility of the project will be reviewed
by the City's financial advisors and bond counsel to ensure viability of the project
and that PID assessment funds are sufficient to retire the bond debt. The
minimum percentage of completion may be reduced if the City believes the
financial feasibility report justifies the reduction in completion percentage. The
term may not exceed 30 years for capital expenditures. Operation and
Maintenance PIDs may be ongoing.
Section 4 -Assessment Cap
The City Council must consider an assessment amount at the time a PID is created.
Assessments should not exceed $0.40 per $100 valuation regardless of whether the
project is within the City limits or the City's ETJ. The assessment may be less than
$0.40, and the City Council may even consider an amount higher than the
recommended $0.40 cap if they believe it is in the best interest of the community.
Section 5 -PID PetitionlDocumentation
Developers requesting a PID are required to submit a completed PID
petitionlapplication to the Economic Development Partnership Board (EDPB}. The
EDPB will review the proposal and make recommendation to City Council. The
application will provide the following:
A. Description of the development that clearly defines the elements of the project
that exceed the Denton Development Code and how those elements of the
project will be measured.
B. Documentation that the project provides a desired product that is not available or
is limited within the city limits or the ETJ.
C. Detailed project financials and developer financial information to ensure the
viability of the company. If the developer has participated in previous PIDs,
success of previous PIDs must be demonstrated.
D. Developers must declare whetherthey will hold ownership of the residential
property within the development or sell sections/lots to builders, and the
proposed timing of the sale of such sections/lots.
E. Sample documentation to be provided at the time of sale that clearly discloses
the existence of the PID, the amount of the assessment, options for payment,
and liability to owner should assessment become delinquent.
F. Project financial documents must include payment for City of Denton
administrative costs.
G. Project financial documents must declare the party responsible for maintenance
of the improvements and describe how maintenance will be funded. If an
element of the PID funds operation and maintenance, a list of improvements
supported by PID funds must be provided.
H. Project financial documents must include payment for administrative and
reasonable legal costs that may be incurred by the City to foreclose on any
property within the project for non-payment of PID assessment.
Section 6 -Administrative Costs
The PID documentation must provide for the reimbursement of the City's on-going
administrative costs relative to reviewing, preparing, auditing the feasibility report,
preliminary costs estimates, five-year service and assessment plan and assessment
roll. PID applicants must submit a $2,500 deposit at the time of the application request
to be applied toward administrative costs. The City will track costs and refund any
excess monies once the PID has been established. It may be necessary for applicants
to provide additional funds.
AGENDA INFORMATION SHEET
AGENDA DATE: June 19, 2007 Questions concerning this
acquisition maybe directed
DEPARTMENT: Materials Management to Tom Shaw 349-7133
ACM: Jon Fortune
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding atwo-year contract
for the purchase of water and sewer parts for the City of Denton; providing for the expenditure of
funds therefor; and providing an effective date (Bid 3730-Two-Year Contract for Water and
Sewer Warehouse Inventory awarded to the lowest responsible bidder for like items, or by
section, in the annual estimated amount of $800,000). The Public Utilities Board recommends
approval (5-0).
BID INFORMATION
This bid is for miscellaneous items that are stocked in the Warehouse for ease of accessibility to
be used by the Water and Wastewater departments in their daily operations, and for repair and
maintenance of their distribution and collection systems. Materials will be ordered on an as
needed basis to maintain appropriate stocking levels. Bidders offering lower prices for items
were rejected for failure to meet specification, or like items were awarded to the lowest bidder
overall for efficiencies in the ordering process. Due to the volatility of prices, PVC and brass
item prices maybe adjusted quarterly as market conditions change.
PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Utility Board approved this item at its June 1 1, 2007 meeting.
RECOMMENDATION
In order to create efficiencies in ordering, receiving, invoicing and payment, recommendation is
to award to the lowest responsible bidder for like items or by section as listed in Exhibit A. The
vendors and item numbers to be awarded are listed below.
TtP,m N»mhPr VPnr~nr
Items 1,2,6,7,11,14,16-22,95-108,140-155,195-199,201,202, Ferguson Water Works
204-209,213-227,253-259,263,264
Items 3-5,8-10,12,13,15,23-36,76-80,82-89,128,129,134-136 D&W Utility Supply
229-234,235A
Items 38-41,58-75,81,109-127,130-133,156-169,181, Techline Pipe
182,185,186,228,233A,234A,235,236,237,238,239-252
Agenda Information Sheet
June 19, 2007
Page 2
RECOMMENDATION(CONTINUED)
Items 3 7,42-57,90-94,170-180,183,184,187-194, Eagle Underground Utility Supply
200,203,210
Items 260-262 Texas Water Products
Items 13 7,13 8,13 9,21 l ,and 212 will not be awarded at this time.
PRINCIPAL PLACE OF BUSINESS
Ferguson Water Works D & W Utility Supply Techline Pipe
McKinney, TX Waxahachie, TX Dallas, TX
Eagle Underground Utility Supply Texas Water Products
Dallas, TX Ft. Worth, TX
ESTIMATED SCHEDULE OF PROJECT
This is a two-year contract with the option to renew for additional one-year periods. At renewal,
the bid prices maybe adjusted in accordance with a federal index for related items.
FISCAL INFORMATION
The items in this bid will be funded out of the Warehouse Working Capital account and charged
back to the using department.
Respectfully submitted:
~.~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Bid Tabulation
1-AIS-Bid 3730
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ORDINANCE N0.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING ATWO-YEAR
CONTRACT FOR THE PURCHASE OF WATER AND SEWER PARTS FOR THE CITY OF
DENTON; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
AN EFFECTIVE DATE (BID 3730-TWO-YEAR CONTRACT FOR WATER AND SEWER
WAREHOUSE INVENTORY AWARDED TO THE LOWEST RESPONSIBLE BIDDER FOR
LIKE ITEMS, OR BY SECTION IN THE ANNUAL ESTIMATED AMOUNT OF $800,000).
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 of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The numbered items in the following numbered 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
3730 1,2,6,7,11,14,16-22,95-108 Ferguson Water Works Exhibit A
140-155,195-199,201,202,
204-209,213-227,253-259,263,264
3730 3-5,8-10,12,13,15,23-36,76-80, D&W Utility Supply Exhibit A
82-89,128,129,134-13 6,229-234,23 SA Exhibit A
3730 38-41,58-75,81,109-127,130-133 Techline Pipe Exhibit A
156-169,181,182,185,186,228,
233A,234A,235,236,237,238,239-252
3730 37,42-57,90-94,170-180,183, Eagle Underground Exhibit A
184,187-194, 200,203,210 Utility Supply Exhibit A
3 73 0 260-262 Texas Water Products 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 , 2007.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER VVALTERS, CITY SECRETARY
BY:
3-ORD-BID 3730
Exhibit A
BID #3730
DATE: April 17, 2007
Two-Year Contract for Water and Sewer Warehouse Inventory
Item
CoDWhse
Stock Number
Est Ann
Quantity Unit
of
Meas
iirp
Description VENDOR
VENDOR
VENDOR
VENDOR
VENDOR
Ferguson
Waterworks D & W Utility
Supply Techline
Pipe Eagle
Underground
Utility Supply Texas
Water
Products
Principal Place of Business: McKinney,
TX Waxahachie,
TX
Dallas, TX
Dallas, Tx Ft. Worth,
TX
SECTION A:
1 89040010 44 EA BOX VALVE EXTENSION 24" $41.04
2 89040020 191 EA BOX VALVE LID $12.24
3 89040036 105 EA BOX VALVE RISER 1 1/2" W/SET
SCREW $55.71
4 89040035 101 EA BOX VALVE RISER 1" W/SET SCREW $49.90
5 89040005 482 EA BOX WATER METER 34-A SHORT $50.00
6 89040000 156 EA BOX, VALVE BASE $25.20
7 89040030 244 EA BOX, VALVE TOP SECTION 10" $20.88
8 89040050 327 EA BOX, WATER METER 34-B LONG $51.89
9 89040040 62 EA BOX, WATER METER 55A $117.35
10 89040060 49 EA BOX, WATER METER LID 55A&548A $49.10
11 89040025 532 EA BOX, WATER METER LID FOR 34A/ $17.90
12 89040100 53 EA BOX, WTR METER 548A $105.89
13 89046000 68 EA KEY, WATER METER BOX ,BRASS $6.42
14 89046050 10 EA KEY, WATER METER BOX FORD $6.70
15 89040026 2100 EA LOCK & SPRING, METER BOX LID $7.57
SECTION B:
16 89030051 14 EA MANHOLE RING, PLASTIC 24" X 2" $19.50
17 89030054 27 EA MANHOLE RING, PLASTIC 24" X 4" $39.00
18 89030052 7 EA MANHOLE RING, PLASTIC 24"X1.5" $19.50
19 89030053 5 EA MANHOLE RING, PLASTIC 24"X1.5" $19.50
20 89030000 46 EA MANHOLE, LID 300-24 $85.54
21 89030010 54 EA MANHOLE, LID 400-24 $105.00
22 89030024 55 EA MANHOLE, RING 400-24 $101.16
23 89030039 4 EA MANHOLE, RISER 300X241 112" $158.92
24 89030037 6 EA MANHOLE, RISER 300X24 2112" $167.57
25 89030038 4 EA MANHOLE, RISER 300X24 2" $160.00
26 89030045 6 EA MANHOLE, RISER 300X24 4" $255.68
27 89030047 12 EA MANHOLE, RISER 300X24 6" $281.08
28 89030034 3 EA MANHOLE, RISER 400X241 112 $170.81
29 89030040 5 EA MANHOLE, RISER 400X241" $170.81
30 89030032 2 EA MANHOLE, RISER 400X24 2 314" $183.78
31 89030033 5 EA MANHOLE, RISER 400X24 2" $170.81
Page 1 of 9
Exhibit A
Item
CoDWhse
Stock Number
Est Ann
Quantity Unit
of
Meas
iirp
Description VENDOR
VENDOR
VENDOR
VENDOR
VENDOR
Ferguson
Waterworks D & W Utility
Supply Techline
Pipe Eagle
Underground
Utility Supply Texas
Water
Products
Principal Place of Business: McKinney,
TX Waxahachie,
TX
Dallas, TX
Dallas, Tx Ft. Worth,
TX
32 89030030 4 EA MANHOLE, RISER 400X24 3" $183.78
33 89030031 5 EA MANHOLE, RISER 400X24 4" $255.14
34 89030035 14 EA MANHOLE, RISER 400X24 6" $278.92
35 21062200 251 EA GASKET, RAM NEK FLEXIBLE 42" $8.00
36 67006020 76 EA SEALER MANHOLE $25.00
SECTION C:
37 67039980 4 EA SLEEVE TAPPING 12" X 12" $854.20
38 67039340 7 EA SLEEVE, SOLID MJ 12" X 12" $82.34
39 67039220 4 EA SLEEVE, SOLID MJ 4" X 12" $25.21
40 67039260 25 EA SLEEVE, SOLID MJ 6" X 12" $38.61
41 67039300 16 EA SLEEVE, SOLID MJ 8" X 12" $50.74
42 67039750 1 EA SLEEVE, TAPPING 10" X 6" SS MJ $375.65
43 67039900 5 EA SLEEVE, TAPPING 12" X 6" SS MJ $386.75
44 67039950 9 EA SLEEVE, TAPPING 12" X 8" SS MJ $542.75
45 67039660 9 EA SLEEVE, TAPPING 6" X 6" SS MJ $341.97
46 67039650 14 EA SLEEVE, TAPPING 8" X 8" SS MJ $471.18
47 67039600 13 EA SLEEVE, TAPPING 8"X6 " SS MJ $350.70
48 67040800 11 EA MEG-A-LUG GLAND KIT 12" $63.54
49 67040600 25 EA MEG-A-LUG GLAND KIT 4" C-900 $20.73
50 67040650 94 EA MEG-A-LUG GLAND KIT 6" C-900 $27.00
51 67040700 26 EA MEG-A-LUG GLAND KIT 8" C-900 $34.25
52 67082175 5 EA BOLT SET FOR 4" TAP VALVE $3.10
53 67082174 5 EA BOLTIGASKET SET-12" FLANGE PK $15.40
54 67082170 8 EA BOLTIGASKET SET-4" FLANGE
PACK $4.50
55 67082171 62 EA BOLTIGASKET SET-6" FLANGE
PACK $6.55
56 67082172 16 EA BOLTIGASKET SET-8" FLANGE
PACK $6.60
57 67052160 12 EA CLAMP FULL CIRCLE 12" X 7.5" $54.30
58 67052180 18 EA CLAMP FULL CIRCLE 2" X 15" $46.26
59 67052050 44 EA CLAMP FULL CIRCLE 2" X 7.5" $23.13
60 67052060 5 EA CLAMP FULL CIRCLE 2.5" X 7" $24.20
61 67052200 5 EA CLAMP FULL CIRCLE 4" X 15" $49.02
62 67052080 5 EA CLAMP FULL CIRCLE 4" X 7.5" $28.59
63 67052220 123 EA CLAMP FULL CIRCLE 6" X 15" $55.48
64 67052100 116 EA CLAMP FULL CIRCLE 6" X 7.5" $31.01
Page 2 of 9
Exhibit A
Item
CoDWhse
Stock Number
Est Ann
Quantity Unit
of
Meas
iirp
Description VENDOR
VENDOR
VENDOR
VENDOR
VENDOR
Ferguson
Waterworks D & W Utility
Supply Techline
Pipe Eagle
Underground
Utility Supply Texas
Water
Products
Principal Place of Business: McKinney,
TX Waxahachie,
TX
Dallas, TX
Dallas, Tx Ft. Worth,
TX
65 67052120 37 EA CLAMP FULL CIRCLE 8" X 7.5" $36.42
66 67052240 54 EA CLAMP FULL CIRCLE 8"x15" $64.43
67 67044727 30 EA CLAMP, SNAP 40" $2.67
68 67044730 100 EA CLAMP, SNAP, 48" $ 3.30
69 67052280 22 EA CLAMP,FULL CIRCLE,12"X15" $82.88
70 67052440 5 EA CLAMP,REPAIR,11/2" $4.29
71 67052400 11 EA CLAMP,REPAIR,1" $3.87
72 67052460 12 EA CLAMP,REPAIR,2" $9.23
73 67052380 8 EA CLAMP,REPAIR,314" $3.53
74 67052580 2 EA CLAMP,S.S.6"X1"TAP $40.81
75 67052620 2 EA CLAMP,S.S.8"X1"TAP $46.62
76 67082530 4 EA VALVE FL-MJ 12" NON THREADED $972.48
77 67082500 64 EA VALVE FL-MJ 6" $324.36
78 67082510 16 EA VALVE FL-MJ 8" $506.86
79 67070080 6 EA VALVE GATE 1 112" $26.00
80 67070040 4 EA VALVE GATE 1" $14.00
81 67070100 22 EA VALVE GATE 2"-BRASS(NIBCO
ONLY $65.00
82 67082030 5 EA VALVE GATE FL 4" W/WHEEL $251.98
83 67082000 26 EA VALVE GATE FL. 3" W/INHEEL $225.49
84 67082160 12 EA VALVE GATE MJ 12" W/O
ACCESSORIES
$1,019.25
85 67082080 1 EA VALVE GATE MJ 4" W/O
ACCESSORIES
$254.31
86 67082100 29 EA VALVE GATE MJ 6" W/O
ACCESSORIES
$324.37
87 67082120 35 EA VALVE GATE MJ 8" W/O
ACCESSORIES
$516.61
88 67082400 1 EA VALVE TAPPING 12" W/0
ACCESSORIES
$1,531.58
89 67082200 4 EA VALVE TAPPING 4" W/O
ACCESSORIES
$320.83
90 67070120 61 EA VALVE, BALL 2" FIP-FIP $118.62
91 67069600 12 EA VALVE, BALL 3/4-3/4 FL-IP $29.35
92 67069700 4 EA VALVE, BALL METER 1.5" $110.13
93 67069750 8 EA VALVE, BALL METER 2" $151.44
94 67069007 20 EA VALVE, DOUBLE CHECK 2" $175.00
SECTION D:
95 34060340 9 EA HYDRANT 2" 3'BURY 2.5 NOZZLE $928.69
96 34063080 3 EA HYDRANT EXTENSION 12" $248.45
97 34063090 1 EA HYDRANT EXTENSION 12"OLD STY $248.45
Page 3 of 9
Exhibit A
Item
CoDWhse
Stock Number
Est Ann
Quantity Unit
of
Meas
iirp
Description VENDOR
VENDOR
VENDOR
VENDOR
VENDOR
Ferguson
Waterworks D & W Utility
Supply Techline
Pipe Eagle
Underground
Utility Supply Texas
Water
Products
Principal Place of Business: McKinney,
TX Waxahachie,
TX
Dallas, TX
Dallas, Tx Ft. Worth,
TX
98 34063018 1 EA HYDRANT EXTENSION 18" $292.65
99 34063006 1 EA HYDRANT EXTENSION 6" $212.78
100 34063060 2 EA HYDRANT EXTENSION 6"NEW STYL $212.78
101 34062060 10 EA HYDRANT FLANGE GASKET $8.14
102 34062140 5 EA HYDRANT MAIN VALVE-MUELLER $75.66
103 34063200 2 EA HYDRANT MAIN VALVE-WATEROUS $40.00
104 34062000 14 EA HYDRANT REPAIR KIT NEW STYLE $106.11
105 34063210 12 EA HYDRANT REPAIR KIT-BREAK
FLNG
$106.11
106 34060150 15 EA HYDRANT, FIRE 4' BURY $1,152.82
107 34060200 43 EA HYDRANT, FIRE 5' BURY $1,206.33
108 44591250 28 EA WRENCH, FIRE HYDRANT $18.65
SECTION E:
109 67039040 5 EA PIPE CAP MJ 8" $24.89
110 67039020 10 EA PIPE, CAP MJ 6" $15.63
111 67039080 6 EA PIPE CAP MJ 12" $47.23
112 67006010 20 QT PIPE COMPOUND SEAL + $21.82
113 67006000 308 QT PIPE LUBRICANT PVC $2.22
114 67039030 6 EA PIPE PLUG MJ 6" $16.91
115 67039050 1 EA PIPE PLUG MJ 8" $24.89
116 67025020 9 RL PIPE, POLY TUBING 2" X 100' $142.00
117 67025400 25 RL ENCASEMENT POLY 29 X 200' $47.64
118 67040550 5 EA BEND, DUCTILE 12" X 22112 CAST
IRON
$104.36
119 67040350 15 EA BEND, DUCTILE 12"X45 CAST IRON $104.04
120 67040400 6 EA BEND, DUCTILE 6" X 221/2 $36.70
121 67040200 45 EA BEND, DUCTILE 6"X45 CAST IRON $35.74
122 67040450 5 EA BEND, DUCTILE 8"X221/2 C.I. $55.85
123 67040250 21 EA BEND, DUCTILE 8"X45 CAST IRON $55.21
124 67058000 12 EA GLAND KIT M.J. 4" $8.13
125 67058010 332 EA GLAND KIT M.J. 6" $10.53
126 67058020 195 EA GLAND KIT M.J. 8" $12.76
127 67058040 137 EA GLAND KIT M.J. 12" $18.03
128 67036020 62 EA INSERT STIFFENER 1 112" $3.82
129 67036040 203 EA INSERT STIFFENER 2" $3.82
130 67044345 1 EA PLUG,PUSH IN FOR 8" DUCTILE $37.65
131 67044430 10 EA TEE, 6x6x6 (MJXFLXMJ) $77.23
Page 4 of 9
Exhibit A
Item
CoDWhse
Stock Number
Est Ann
Quantity Unit
of
Meas
iirp
Description VENDOR
VENDOR
VENDOR
VENDOR
VENDOR
Ferguson
Waterworks D & W Utility
Supply Techline
Pipe Eagle
Underground
Utility Supply Texas
Water
Products
Principal Place of Business: McKinney,
TX Waxahachie,
TX
Dallas, TX
Dallas, Tx Ft. Worth,
TX
132 67044355 19 EA TEE, 8X6X8 (MJXFLXMJ) $111.06
133 67044360 22 EA TEE, 12X6X12 (MJXFLXMJ) $185.00
134 46077000 1 EA HOSE, SEWER FLUSH 1" X 500' $2,000.00
135 46077100 2 EA HOSE, SEWER FLUSH 3/4" X 500' $1,945.00
136 72006000 31 EA PUMP UTILITY WITH 6 FT. HOSE $34.26
SECTION F:
140 67037330 27 EA CONNECTOR WATER 1 1/2"MIP-PJ $19.81
141 67037060 25 EA CONNECTOR WATER 1 1/2" PJ-PJ $28.46
142 67037320 280 EA CONNECTOR WATER 1"MIP-PJ $7.90
143 67037050 97 EA CONNECTOR WATER 1" PJ-PJ $8.89
144 67037340 131 EA CONNECTOR WATER 2"MIP-PJ $28.86
145 67037350 26 EA CONNECTOR WATER 2" PJ-PJ $38.43
146 67037100 238 EA CONNECTOR WATER 3/4" IP-PJ $6.68
147 67037020 109 EA CONNECTOR WATER 314" PJ-PJ $8.15
148 89045020 66 EA COUPLING METER 2 BOLT 1 112" $56.58
149 89045040 97 EA COUPLING METER 2 BOLT 2" + $68.60
150 89045000 64 EA COUPLING METER EXPANSION 3/4" $9.33
151 67037410 163 EA ELBOW 1" X 90 BRASS F-F $6.36
152 67037420 8 EA ELBOW 1.5" X 90 BRASS $12.64
153 67037460 23 EA ELBOW 2" X 45 BRASS + $22.63
154 67037450 46 EA ELBOW 2" X 90 BRASS $20.57
155 67037400 7 EA ELBOW, BRASS 3/4X90 $4.12
156 67037610 51 EA NIPPLE 3/4"ALLTHREAD $1.26
157 67037620 136 EA NIPPLE 1"ALLTHREAD $1.86
158 67037740 41 EA NIPPLE, 2"X2"ALL THREAD $5.58
159 67037660 53 EA NIPPLE 3/4" X 2" $1.59
160 67037670 27 EA NIPPLE 3/4" X 4" $2.78
161 67037680 26 EA NIPPLE 3/4" X 6" $4.06
162 67037720 12 EA NIPPLE 1.5" X 2" $3.94
163 67037730 16 EA NIPPLE 1.5" X 4" $7.07
164 67037775 42 EA NIPPLE 1 112"X6" $10.45
165 67037690 71 EA NIPPLE 1" X 2" $2.30
166 67037700 18 EA NIPPLE 1" X 4" $4.03
167 67037780 27 EA NIPPLE 1"X 6" $5.94
168 67037750 60 EA NIPPLE 2"X4" $9.10
Page 5 of 9
Exhibit A
Item
CoDWhse
Stock Number
Est Ann
Quantity Unit
of
Meas
iirp
Description VENDOR
VENDOR
VENDOR
VENDOR
VENDOR
Ferguson
Waterworks D & W Utility
Supply Techline
Pipe Eagle
Underground
Utility Supply Texas
Water
Products
Principal Place of Business: McKinney,
TX Waxahachie,
TX
Dallas, TX
Dallas, Tx Ft. Worth,
TX
169 67037760 66 EA NIPPLE 2"X6" BRASS $13.44
170 89045140 189 EA NIPPLE METER 1" X 2112" $7.00
171 89045150 99 EA NIPPLE METER 1" X 3" $9.20
172 89045160 42 EA NIPPLE METER 1" X 8112" $15.81
173 89045110 195 EA NIPPLE METER 314" X 21/2" $4.54
174 89045115 164 EA NIPPLE METER 314" X 3" + $5.50
175 89045120 891 EA NIPPLE METER 314" X 81/2" $11.68
176 67037802 8 EA PLUG BRASS 3/4" $1.90
177 67037804 24 EA PLUG BRASS 1" $2.50
178 67037805 2 EA PLUG BRASS 1 112" $4.78
179 67037810 5 EA PLUG BRASS 2" $7.55
180 67037820 33 EA REDUCER BELL BRASS 1 "X3/4" $5.30
181 67037910 2 EA REDUCER BUSHING 1 112"X1" $7.81
182 67037900 3 EA REDUCER BUSHING 1 112"X314" $7.81
183 67037880 56 EA REDUCER BUSHING 1"X314" $1.75
184 67037960 22 EA REDUCER BUSHING 2"X1 1/2" $8.52
185 67037920 28 EA REDUCER BUSHING 2"X1" $9.64
186 67037940 48 EA REDUCER BUSHING 2"X314" $9.64
187 67037870 9 EA REDUCER BUSHING 3/4"X1/2" $1.75
188 67038020 8 EA TEE, BRASS 314" $4.00
189 67038040 17 EA TEE, BRASS 1" $7.12
190 67038100 14 EA TEE, BRASS 2 $22.50
191 67043260 23 EA COUPLING BRASS 1"FEMALE $4.00
192 67043250 35 EA COUPLING BRASS 314" FEMALE $2.64
193 67037280 7 EA COUPLING BRASS,1 1/2" FEMALE $8.50
194 67037300 16 EA COUPLING BRASS,2" FEMALE $14.00
195 67043180 5 EA COUPLING COMPRESSION 1 112"X5' $15.34
196 67043200 5 EA COUPLING COMPRESSION 2"X 5" $20.73
197 67043120 15 EA COUPLING COMPRESSION 3/4" X 5" $8.78
198 67069003 2 EA STOP, ANGLE METER 1" I.P. $19.79
199 67069005 140 EA STOP, ANGLE METER 1" P.J. $23.75
200 67069000 16 EA STOP, ANGLE METER 314" I.P. $14.50
201 67069002 35 EA STOP, ANGLE METER 314" P.J. $17.34
202 67069100 268 EA STOP, CORP. 1"PJ WILOCKNUT $22.09
203 67069250 52 EA STOP, CORP. 2" REG $109.46
Page 6 of 9
Exhibit A
Item
CoDWhse
Stock Number
Est Ann
Quantity Unit
of
Meas
iirp
Description VENDOR
VENDOR
VENDOR
VENDOR
VENDOR
Ferguson
Waterworks D & W Utility
Supply Techline
Pipe Eagle
Underground
Utility Supply Texas
Water
Products
Principal Place of Business: McKinney,
TX Waxahachie,
TX
Dallas, TX
Dallas, Tx Ft. Worth,
TX
204 67069050 18 EA STOP, CORP. 3/4"PJ $14.59
205 67069550 40 EA STOP, CURB 1" I-I $37.01
206 67069500 302 EA STOP, CURB 1" PJ-IP $41.22
207 67069400 57 EA STOP, CURB 3/4" I-I $24.17
208 67069300 164 EA STOP, CURB. 3/4" PJ-I $27.19
209 67069006 15 EA ANGLE BALL VALVE 2" $96.46
210 89045010 610 PR ADAPTER, METER 3/4" X 1" $8 88
SECTION G:
213 67052800 1 EA SADDLE,TAP,4"X1" BRASS $52.38
214 67052820 1 EA SADDLE,TAP,4"X2" BRASS $66.53
215 67052840 1 EA SADDLE,TAP,6"X314" BRASS $61.69
216 67052860 64 EA SADDLE,TAP,6"X1" BRASS + $61.69
217 67052880 10 EA SADDLE,TAP,6"X2" BRASS $77.54
218 67052920 115 EA SADDLE,TAP,8"X1" BRASS $76.37
219 67052950 17 EA SADDLE,TAP,8"X2" BRASS $87.62
220 67052970 1 EA SADDLE,TAP,10"X1" BRASS $94.62
221 67052999 32 EA SADDLE,TAP,12"X1" BRASS $110.75
222 67052995 15 EA SADDLE,TAP,12"X2" BRASS $127.20
223 67058304 4 EA GASKET 12"T SLEEVE SIDE GASKE $30.00
224 67058640 39 EA GASKET FULLFACE RED RUB 4 $2.13
225 67058660 2 EA GASKET FULL FACE RED RUB. 6 $3.25
226 67058680 5 EA GASKET FULLFACE RED RUB 8 $4.64
227 67058740 1 EA GASKET M.J. 4 $1.63
SECTION H:
228 67058280 10 EA ADAPTER 10"PVC-10"PVC
NONSHEAR $24.84
229 67058250 319 EA ADAPTER 4"PVC-4"PVC $3.27
230 67058260 31 EA ADAPTER 6"PVC-6"PVC $6.97
231 67058270 12 EA ADAPTER 8"PVC-8"PVC SHEAR $10.76
231A 67058190 20 EA ADAPTER ECC. 10"C-10"PVC $15.82
232 67058210 5 EA ADAPTER ECC. 12"C-12"PVC $17.45
232A 67058110 100 EA ADAPTER ECC. 4"C-4"PVC $3.37
233 67058130 190 EA ADAPTER ECC. 6"C-6"PVC $7.26
234 67058170 59 EA ADAPTER ECC. 8"C-8"PVC $15.97
233A 67044040 100 EA BEND, PVC, 221/2 X 4" BXS $ 3.78
235 67044060 12 EA BEND, PVC, 221/2 X 6" BXS $7.43
Page 7 of 9
Exhibit A
Item
CoDWhse
Stock Number
Est Ann
Quantity Unit
of
Meas
iirp
Description VENDOR
VENDOR
VENDOR
VENDOR
VENDOR
Ferguson
Waterworks D & W Utility
Supply Techline
Pipe Eagle
Underground
Utility Supply Texas
Water
Products
Principal Place of Business: McKinney,
TX Waxahachie,
TX
Dallas, TX
Dallas, Tx Ft. Worth,
TX
236 67044080 5 EA BEND, PVC, 221/2 X 8" BXS $23.82
234A 67044000 294 EA BEND, PVC, 45 X 4" BXS $ 3.57
237 67044020 3 EA BEND, PVC, 45 X 6" BXS $7.15
238 67044070 11 EA BEND, PVC, 45 X 8" BXS $21.59
235A 67044290 96 EA CLEANOUT W/PLUG 4" $3.69
239 67044295 35 EA CLEANOUT W/PLUG 6" $17.10
240 67025320 166 JT PIPE, PVC WATER, 12"X20' DR-18 $293.20
236A 67025100 5 JT PIPE, PVC, SEWER, 10"X13' $70.70
241 67025050 259 JT PIPE, PVC, SEWER, 4"X14' + $11.62
242 67025060 93 JT PIPE, PVC, SEWER, 6"X14' $25.06
237A 67025080 31 JT PIPE, PVC, SEWER, 8"X14' $45.08
243 67025200 10 JT PIPE, PVC, WATER, 4"X20' DR-18 $40.20
244 67025250 102 JT PIPE, PVC, WATER, 6"X20' DR-18 $79.80
238A 67025300 5 JT PIPE, PVC, WATER, 8"X20' DR-18 $138.40
245 67044720 25 EA SADDLE, WYE FLEXIBLE 4" $25.22
246 67044725 9 EA SADDLE, WYE FLEXIBLE 6" $32.86
239A 67044500 108 EA WYE PVC 45 4X4X4 BXBXB + $6.85
247 67044520 84 EA WYE PVC 45 4X4X4 BXBXS $8.89
248 67044560 56 EA WYE PVC 45 6X6X4 BXBXB $13.90
240A 67044540 24 EA WYE PVC 45 6X6X4 BXBXS $13.90
249 67044565 3 EA WYE PVC 45 6X6X6 BXBXS $16.86
250 67044580 12 EA WYE PVC 45 8X8X4 BXBXB $20.74
241 A 67044575 9 EA WYE PVC 45 8X8X4 BXBXS $ 20.74
251 67044590 2 EA WYE PVC 45 8X8X6 BXBXB $24.73
252 67044570 10 EA WYE, PVC, 45 6"x6"x6" BxBxB $43.12
SECTION I:
253 67037201 1038 EA RESETTER COPPER 314" + $39.61
254 67037200 9 EA RESETTER COPPER 518"X 3/4" $35.39
255 89045615 113 EA RESETTER, COPPER 12" $42.90
256 89045610 21 EA RESETTER, COPPER 15" $44.94
257 67037202 8 EA RESETTER, COPPER, 1 1/2 X 18 " $450.51
258 67037204 11 EA RESETTER,COPPER, 2 X 18" $497.51
259 67037208 12 EA RESETTER,COPPER,1" $77.00
260 67023000 9 RL PIPE, COPPER TUBING 314"x100' $345.00
261 67023100 57 RL PIPE, COPPER TUBING, 1"X100' $435.00
Page 8 of 9
Exhibit A
Unit
Item CoDWhse Est Ann of Description VENDOR VENDOR VENDOR VENDOR VENDOR
Stock Number Quantity Meas
iirp
Ferguson D & W Utility Techline Eagle
Underground Texas
Water
Waterworks Supply Pipe Utility Supply Products
Principal Place of Business: McKinney, Waxahachie,
Dallas, TX
Dallas, Tx Ft. Worth,
TX TX TX
262 67023050 41 RL PIPE, COPPER TUBING, 1"X60' $261.00
SECTION J:
263 67005000 716 EA CEMENT PVC -QUART $5.62
264 67005005 28 EA CLEANER, PVC CEMENT, 1 QT $7.10
Delivery can be made within weeks after receipt of order. Stock - 4 Stock - 4 2 Stock - 3 1 - 4
Bidder is an authorized bidder, by the manufacturer, and is authorized to sell to
the City of Denton? Yes No N/A Yes Yes Yes Yes Yes
Addendum #1 No Yes Yes Yes Yes
Page 9 of 9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
DRAFT MINUTES
PUBLIC UTILITIES BOARD
June 11, 2007
After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
present, the Chair of the Public Utilities Board thereafter convened into an Open Meeting on
Monday, June 1 1, 2007 at 9:00 a.m. in the Service Center Training Room, City of Denton
Service Center, 901-A Texas Street, Denton, Texas.
Present: Chair Charldean Newell, Dick Smith, Bill Cheek, Bob Bland, John Baines and Randy
Robinson
Ex Officio Members
George Campbell, City Manager
Howard Martin, ACM Utilities
Absent: Phil Gallivan, excused
OPEN MEETING:
CONSENT AGENDA:
The Public Utilities Board has received background information, staff's recommendations, and
has had an opportunity to raise questions regarding these items prior to consideration.
1) Consider recommending adoption of an Ordinance accepting competitive bids and awarding
a two-year contract for the purchase of water and sewer parts for the City of Denton
Warehouse; providing for the expenditure of funds therefore; and providing an effective date
(Bid 3730-Two-Year Contract for Water and Sewer Inventory awarded to the lowest
responsible bidder for like items, or by section in the annual estimated amount of $800,000).
2) Consider recommending approval of Bid No. 3796 for replacement of the Secondary
Digester Cover at the Pecan Creek Water Reclamation Plant to the low bidder Crescent
Constructors, Inc. in the amount of $643,000.
3) Consider recommending approval of Bid #3781 for a three year price agreement for electric
meters, current transformers and meter sockets in an amount not to exceed $509,100.
Board Member Bob Bland moved to approved Items 1-3 with a second from Board
Member Randy Robinson. The motion was approved by a 5-0 vote.
The meeting was adj ourned by consensus at
AGENDA INFORMATION SHEET
AGENDA DATE: June 19, 2007
DEPARTMENT: Materials Management
ACM: Jon Fortune
Questions concerning this
acquisition maybe directed
to Sharon Mays 349-8487
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding athree-year
contract for the purchase of Electric Meters, CTs, and Meter Sockets for Denton Municipal
Electric; providing for the expenditure of funds therefor; and providing an effective date (Bid
3781-Three-Year Contract for Electric Meters, CTs and Meter Sockets awarded to the lowest
responsible bidder for each item in the annual estimated amount of $250,000). (The Public
Utility Board approved this item by a vote of 5-0).
BID INFORMATION
This bid is for Warehouse items that are used by Electric Metering for all necessary electric
revenue meters and associated equipment. The equipment is used to add new customers to the
system and to maintain our existing metering system. In order to improve efficiency and reduce
purchasing workloads, normal practice is to establish athree-year contract covering all 43 items.
The 43 required items are divided into eight categories and the recommendation for award is
structured by category.
PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Utility Board approved this item at its June 1 1, 2007 meeting.
RECOMMENDATION
Award to the lowest responsible bidder for each category/item as listed on Exhibit A. A
summary of the recommended items for each vendor is listed below.
Item# Vendor Amount
1-3,20-21 Stuart C. Irby Co. Exhibit A
4-15a HD Supply Exhibit A
16-19a,22-34 Wesco Distribution, Inc. Exhibit A
3 5-3 Sh Texas Meter and Device Co. Exhibit A
The offer from Texas Electric Cooperative failed to comply with the terms and conditions set
forth in the bid specifications, and was not considered. The vendor qualified their bid with
payment terms and pricing structure.
Agenda Information sheet
June 19, 2007
Page 2
PRINCIPAL PLACE OF BUSINESS
HD Supply Wesco Distribution, Inc. Texas Meter & Device Company
Corinth, TX Fort Worth, TX Waco, TX
Stuart C. Irby Co.
Fort Worth, TX
ESTIMATED SCHEDULE OF PROJECT
This is a three-year contract with an option to renew for an additional year if agreed upon by
both parties.
FISCAL INFORMATION
These items will be purchased on an as needed basis through the Warehouse and charged back to
the appropriate department.
Respectfully submitted:
c-,~.
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Tabulation Sheet
1-AIS-Bid 3781
Attachment 1
BID # 3781
DATE: May 24, 2007
Three-Year Contract for Electric Meters. CT's and Meter Sockets
EST.
ITEM ANNUAL UOM DESCRIPTION VENDOR VENDOR VENDOR VENDOR
QTY.
Texas Electric Wesco Stuart C. Irby
Techline, Ltd. Cooperatives
Distribution
Co.
US & S
Principle Place of Business: Fort Worth, TX Decatur, TX Haltom City, TX Fort Worth, TX
SECTION A: Standard Residential Meter with Itron's RF Technology (ERT
Compatible)
1 20 ea Meter, Single Phase, Class 100, 120U, 2 wire, is No Bid $55.50 $61.70 $63.00
2 7000 ea Meter, Single Phase, Class 200, 240U, 3 wire, 2s No Bid $44.45 $48.94 $40.90
3 30 ea Meter, Single Phase, Class 200, 120U, 3 wire, 12s No Bid $123.50 $206.55 $94.50
SECTION B: Expanded Residential Meter with Itron's RF Technology (ERT
Compatible)
4 20 ea Meter, Single Phase, Class 320, 240U, 3 wire, 2s No Bid $95.00 $184.80 $84.00
5 10 ea Meter, Single Phase, Class 20, 120-480U, 3 wire, 4s No Bid $163.00 $184.80 $194.25
6 48 ea er, Single Phase, Class 200, 120-480V, 4 wire, 15-
M No Bid $163.00 $206.55 $194.25
6s
SECTION C: Standard Commercial Meter with Itron's RF Technology (ERT
Compatible) to return kWH, kW, and kVA readings as specified in line
items below
7
10
ea Meter Single Phase, Class 100, 120U, 2 wire, is, w/
No Bid
$162.00
$206.55
$183.75
kW Demand
8 510 ea Meter, Single Phase, Class 200, 120-480V, 3 wire, 2s, No Bid $153.00 $163.00 $183.75
w/ kW Demand
9 8 ea Meter, Single Phase, Class 320, 120-480V, 3 wire, 2s, No Bid $166.00 $184.80 $204.75
w/ kW Demand
10
67
ea Meter Single Phase, Class 20, 120-480U, 3 wire, 4s, w/
No Bid
$166.00
$163.00
$194.25
kW Demand
11 146 ea Meter, Three Phase, Class 20, 120-480V, 4 wire, 8-9s, No Bid $180.00 $206.55 $183.75
w/ kW Demand
iia Option: KYZ Pulse Initiator Board No Bid $40.00 $45.00 $39.00
Page 1
Attachment 1
EST.
ITEM ANNUAL UOM DESCRIPTION VENDOR VENDOR VENDOR VENDOR
QTY.
Texas Electric Wesco Stuart C. Irby
Techline, Ltd. Cooperatives
Distribution
Co.
US & S
Principle Place of Business: Fort Worth, TX Decatur, TX Haltom City, TX Fort Worth, TX
12 50 ea Meter, Three Phase, Class 20, 120-480V, 4 wire, 8-9s, No Bid
$318.00
$266.30
$204.75
kWH, kW/kUA Demand
12a Option: KYZ Pulse Initiator Board No Bid $40.00 $45.00 $39.00
13 87 ea Meter, Single Phase, Class 200, 120-480V, 3 wire, 12s, No Bid $166.00 $206.55 $194.25
w/ kW Demand
14 204 ea Meter, Three Phase, Class 200, 120-480U, 4 wire, 15- No Bid $180.00 $206.55 $183.75
16s, w/ kW Demand
14a Option: KYZ Pulse Initiator Board No Bid $40.00 $45.00 $39.00
15 8 ea Meter, Three Phase, Class 320, 120-480U, 4 wire, 15- No Bid $188.00 $216.65 $204.75
16s, w/ kW Demand
15a Option: KYZ Pulse Initiator Board No Bid $40.00 $45.00 $39.00
SECTION D: Expanded Commercial Meter: Load Profile minimum of 4
Channels (15 minute intervals), Modem (2400 baud min) and Multiple
Password based security
16 4 ea Meter, Three Phase, Class 20, 120-480V, 4 wire, 8-9s, No Bid $460.00 $222.25 $333.90
kW Demand
16a Option: KYZ Pulse Initiator Board No Bid $40.00 $45.00 No Bid
Meter, Three Phase, Class 20, 120-480V, 4 wire, 8-9s,
17 4 ea kW/kUA Demand, w/ KYZ (min 2 sets of pulses No Bid $620.00 $283.50 $393.75
kW/kUA)
18 4 ea Meter, Three Phase, Class 200, 120-480U, 4 wire, 15- No Bid $460.00 $162.00 $330.75
16s, w/ kW Demand
18a Option: KYZ Pulse Initiator Board No Bid $40.00 $45.00 $39.00
SECTION E: Smart Meter: Reactive (kW and kVA) w/ Load Profile
minimum of 8 Channels (15 minute intervals). Modem (2400 baud min).
Power Quality Measurements should include Voltage Sags & Swells, Vector
readings and Waveforms. Events from Diagnostics should include,
Vectors, Software/Hardware errors/failures, Dates and times for outages,
test/resets and programming changes. Multiple Password based security
Meter, Three Phase, Class 20, 120-480V, 4 wire, 8-9s,
19 4 ea kW/kUA Demand, w/ KYZ (min 2 sets of pulses No Bid $910.00 $500.00 No Bid
kW/kUA)
19a Option : RS232/RS485 No Bid $180.00 $106.00 No Bid
19b Option: Ethernet No Bid No Bid No Bid No Bid
Page 2
Attachment 1
EST.
ITEM ANNUAL UOM DESCRIPTION VENDOR VENDOR VENDOR VENDOR
QTY.
Texas Electric Wesco Stuart C. Irby
Techline, Ltd. Cooperatives
Distribution
Co.
US & S
Principle Place of Business: Fort Worth, TX Decatur, TX Haltom City, TX Fort Worth, TX
SECTION F: Meter Sockets
Socket, Ring-less, 6 Terminal, 20 amp, One piece
$166.60
20 5 ea cover, Closure Plate, Seven Pole Test switch, Pre-wired
' $177.00 No Bid
$182.50 DME $155.00
with DME
s color-coded wiring diagram fora 4S meter.
Socket, Ring-less, 13 Terminal, 20 amp, One piece
21
30
ea cover, Closure Plate, Ten Pole Test switch, Pre-wired
'
$221.00
No Bid $182.25
$170.46
with DME
s color-coded wiring diagram fora 8-9S $200.75 DME
meter.
SECTION G: Current Transformers
Current Transformers: 600 volt, over-bushing type
22
12
ea 200:5, ANSI meter accuracy class .3B-0.1, rating factor
$79.00
$59.00
$63.48
$68.20
of 4.0 @ 30 C. ABB Type CMU, Part #7524A75G01 or
equal.
Current Transformers: 600 volt, over-bushing type
23 12 ea 300:5, ANSI meter accuracy class .3B-0.2, rating factor
$92.00
$68.00
$63.48
$68.20
of 4.0 @ 30 C. ABB Type CMU, Part #7524A75G02 or
equal.
Current Transformers: 600 volt, over-bushing type
24 6 ea 400:5, ANSI meter accuracy class .3B-0.2, rating factor
$87.00
$59.00
$63.48
$68.85
of 4.0 @ 30 C. ABB Type CMU, Part #7524A75G03 or
equal.
Current Transformers: 600 volt, over-bushing type
25 3 ea 600:5, ANSI meter accuracy class .3B-0.5, rating factor
$90.00
$59.00
$63.48
$68.85
of 3.0 @ 30 C. ABB Type CMU, Part #7524A75G04 or
equal.
Current Transformers: 600 volt, over-bushing type
26 3 ea 800:5, ANSI meter accuracy class .3B-0.5, rating factor
$83.00
$59.00
$63.48
$68.85
of 3.0 @ 30 C. ABB Type CMU, Part #7524A75G05 or
equal.
Current Transformers: 600 volt, over-bushing type
27 3 ea 1000:5, ANSI meter accuracy class .3B-0.5, rating
$93.00
$60.00
$63.48
$68.85
factor of 2.0 @ 30 C. ABB Type CMU, Part
#7524A75G06 or equal.
Current Transformers: 600 volt, over-bushing type
28 3 ea 1200:5, ANSI meter accuracy class .3B-0.9, rating
$92.00
$60.00
$63.48
$68.85
factor of 2.0 @ 30 C. ABB Type CMU, Part
#7524A75G07 or equal.
Current Transformers: 600 volt, over-bushing type
29 3 ea 1500:5, ANSI meter accuracy class .3B-0.9, rating 107.00
$
$63.00
$65.10
$68.85
factor of 2.0 @ 30 C. ABB Type CMU, Part
#7524A75G08 or equal.
Page 3
Attachment 1
EST.
ITEM ANNUAL UOM DESCRIPTION VENDOR VENDOR VENDOR VENDOR
QTY.
Texas Electric Wesco Stuart C. Irby
Techline, Ltd. Cooperatives
Distribution
Co.
US & S
Principle Place of Business: Fort Worth, TX Decatur, TX Haltom City, TX Fort Worth, TX
Current Transformers: 600 volt, over-bushing type
30 3 ea 2000:5, ANSI meter accuracy class .3B-1.8, rating $113.00
$65.00
$69.83
$74.41
factor of 1.5 @ 30 C. ABB Type CMU, Part
#7524A75G09 or equal.
Current Transformers: 200:5 ratio, 600 volt, window
31 6 ea type. 2.5" window, ANSI meter accuracy class .3B-0.5,
$85.00
$58.00
$47.65
$42.09
rating factor of 4.0 @ 30 C. ABB Type CMF, Part #
4460A30G01 or equal.
Current Transformers: 300:5 ratio, 600 volt, window
32 6 ea type. 3.0" window, ANSI meter accuracy class .3B-0.5,
$53.00
$58.00
$39.70
$52.55
rating factor of 3.0 @ 30 C. ABB Type CMS, Part #
7524A79G02 or equal.
Current Transformers: 400:5 ratio, 600 volt, window
33
6
ea type. 3.0" window ANSI Meter accuracy class .3B-0.5
~
$74.00
$55.00
$47.65
No Bid
rating factor of 4.0 @ 30 C. ABB Type CMF, Part #
4460A30G03 or equal.
Voltage Transformers: ANSI accuracy class 0.3 thru
Burden Z, Thermal Rating 1500 VA at 30 degrees C
34 6 ea ambient, 8400:120 voltage rating, single bushing, 110 $957.00 $58.00 $815.85 $843.60
KV BIL, ABB Type VOZ-11M, Part # 7525A91G07 or
equal.
Current Transformers: ANSI accuracy class .3 thru B-
35 6 ea 0.5, 110 KU, BIL, 13,800 nominal or 15 KU acceptable.
Ratio required.
Specify rating factor: ANSI C57.13- 4.0 N/A N/A
1993
35a 3 ea 15:5 ABB Type KON-11, Part # 7524A25G02 or $730.00 $485.00 $626.75
$656.00
equal
35b 3 ea 20:5 ABB Type KON-11, Part # 7524A25G03 or $730.00
$503.00
$626.75
$656.00
equal
35c
3
ea 25:5 ABB Type KON-11 Part # 7524A25G04 or
~
$730.00
$503.00
$626.75
$656.00
equal
35d 3 ea 30:5 ABB Type KON-11, Part # 7524A25G05 or $730.00
$503.00
$626.75
$656.00
equal
35e
3
ea 40:5 ABB Type KON-11 Part # 7524A25G06 or
~
$730.00
$503.00
$626.75
$656.00
equal
35f 3 ea 50:5 ABB Type KON-11, Part # 7524A25G07 or $708.00 $503.00
$626.75
$629.00
equal
35g 3 ea 100:5 ABB Type KON-11, Part # 7524A25G09 or $708.00 $530.00 $657.10
$629.00
equal
Page 4
Attachment 1
EST.
ITEM ANNUAL UOM DESCRIPTION VENDOR VENDOR VENDOR VENDOR
QTY.
Texas Electric Wesco Stuart C. Irby
Techline, Ltd. Cooperatives
Distribution
Co.
US & S
Principle Place of Business: Fort Worth, TX Decatur, TX Haltom City, TX Fort Worth, TX
200:5 ABB Type KON-11, Part # 7524A25G11 or
35h 3 ea
equal $708.00 $530.00
$657.10
$629.00
Various
Shipment can be made in days from receipt of order. 120 up to 28 14 - 70 (See bid for notes &
exceptions)
Bidder is an authorized distributor, by the manufacturer, and is authorized
to sell to the City of Denton? Yes or No or N/A Yes Yes Yes Yes
Prices shall be bid F.O.B. Denton
Page 5
ORDINANCE N0.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING ATHREE-YEAR
CONTRACT FOR THE PURCHASE OF ELECTRIC METERS, CTS, AND METER SOCKETS
FOR DENTON MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3781-THREE-YEAR CONTRACT
FOR ELECTRIC METERS, CTS AND METER SOCKETS AWARDED TO THE LOWEST
RESPONSIBLE BIDDER FOR EACH ITEM IN THE ANNUAL ESTIMATED AMOUNT OF
$250,000).
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 of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The numbered items in the following numbered 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
3781 1-3,20-21 Stuart C. Irby Co. Exhibit A
3781 4-15a HD Supply Exhibit A
3781 16-19a,22-34 Wesco Distribution, Inc. Exhibit A
3781 35-35h Texas Meter and Device Co. 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 , 2007.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER VVALTERS, CITY SECRETARY
BY:
3-ORD-BID 3781
BID # 3781
DATE: May 24, 2007
Exhibit A
Three-Year Contract for Electric Meters. CT's and Meter Sockets
EST.
ITEM ANNUAL UOM DESCRIPTION VENDOR VENDOR VENDOR VENDOR
QTY.
Wesco Stuart C. Irby
HD Supply Texas Meter &
Distribution Co. Device Co.
Principle Place of Business: Halt TX City, Fort Worth, TX Corinth, TX Waco, TX
SECTION A: Standard Residential Meter with Itron's RF Technology (ERT
Compatible)
1 20 ea Meter, Single Phase, Class 100, 120V, 2 wire, is $63.00
2 7000 ea Meter, Single Phase, Class 200, 240V, 3 wire, 2s $40.90
3 30 ea Meter, Single Phase, Class 200, 120V, 3 wire, 12s $94.50
SECTION B: Expanded Residential Meter with Itron's RF Technology (ERT
Compatible)
4 20 ea Meter, Single Phase, Class 320, 240V, 3 wire, 2s $95.78
5 10 ea Meter, Single Phase, Class 20, 120-480V, 3 wire, 4s $168.00
6 48 ea er, Single Phase, Class 200, 120-480V, 4 wire, 15- $168.00
16s
SECTION C: Standard Commercial Meter with Itron's RF Technology (ERT
Compatible) to return kWH, kW, and kVA readings as specified in line
items below
7
10
ea Meter Single Phase, Class 100, 120V, 2 wire, is, w/
$168.00
kW Demand
8 510 ea Meter, Single Phase, Class 200, 120-480V, 3 wire, 2s, $154.00
w/ kW Demand
9 8 ea Meter, Single Phase, Class 320, 120-480V, 3 wire, 2s, $168
00
w/ kW Demand .
10
67
ea Meter Single Phase, Class 20, 120-480V, 3 wire, 4s, w/
$168.00
kW Demand
11 146 ea Meter, Three Phase, Class 20, 120-480U, 4 wire, 8-9s, $168.00
w/ kW Demand
iia Option: KYZ Pulse Initiator Board $42.50
Page 1
BID # 3781
DATE: May 24, 2007
Exhibit A
Three-Year Contract for Electric Meters. CT's and Meter Sockets
EST.
ITEM ANNUAL UOM DESCRIPTION VENDOR VENDOR VENDOR VENDOR
QTY.
Wesco Stuart C. Irby
HD Supply Texas Meter &
Distribution Co. Device Co.
Principle Place of Business: Halt TX City, Fort Worth, TX Corinth, TX Waco, TX
12 50 ea Meter, Three Phase, Class 20, 120-480U, 4 wire, 8-9s, $321.00
kWH, kW/kVA Demand
12a Option: KYZ Pulse Initiator Board $42.50
13 37 ea Meter, Single Phase, Class 200, 120-480V, 3 wire, 12s, $168.00
w/ kW Demand
14 204 ea Meter, Three Phase, Class 200, 120-480U, 4 wire, 15- $180.25
16s, w/ kW Demand
14a Option: KYZ Pulse Initiator Board $42.50
15 8 ea Meter, Three Phase, Class 320, 120-480U, 4 wire, 15- $193.00
16s, w/ kW Demand
15a Option: KYZ Pulse Initiator Board $42.50
SECTION D: Expanded Commercial Meter: Load Profile minimum of 4
Channels (15 minute intervals), Modem (2400 baud min) and Multiple
Password based security
16 4 ea Meter, Three Phase, Class 20, 120-480U, 4 wire, 8-9s, $222 25
kW Demand
16a Option: KYZ Pulse Initiator Board $45.00
Meter, Three Phase, Class 20, 120-480U, 4 wire, 8-9s,
17 4 ea kW/kVA Demand, w/ KYZ (min 2 sets of pulses $283.50
kW/kVA)
18 4 ea Meter, Three Phase, Class 200, 120-480U, 4 wire, 15- $162.00
16s, w/ kW Demand
18a Option: KYZ Pulse Initiator Board $45.00
SECTION E: Smart Meter: Reactive (kW and kVA) w/ Load Profile
minimum of 8 Channels (15 minute intervals). Modem (2400 baud min).
Power Quality Measurements should include Voltage Sags & Swells, Vector
readings and Waveforms. Events from Diagnostics should include,
Vectors, Software/Hardware errors/failures, Dates and times for outages,
test/resets and programming changes. Multiple Password based security
Meter, Three Phase, Class 20, 120-480U, 4 wire, 8-9s,
19 4 ea kW/kVA Demand, w/ KYZ (min 2 sets of pulses $500.00
kW/kVA)
19a Option: RS232/RS485 $106.00
Page 2
BID # 3781
DATE: May 24, 2007
Exhibit A
Three-Year Contract for Electric Meters. CT's and Meter Sockets
EST.
ITEM ANNUAL UOM DESCRIPTION VENDOR VENDOR VENDOR VENDOR
QTY.
Wesco Stuart C. Irby
HD Supply Texas Meter &
Distribution Co. Device Co.
Principle Place of Business: Halt TX City, Fort Worth, TX Corinth, TX Waco, TX
SECTION F: Meter Sockets
Socket, Ring-less, 6 Terminal, 20 amp, One piece
20 5 ea cover, Closure Plate, Seven Pole Test switch, Pre-wired $155.00
with DME's color-coded wiring diagram fora 4S meter.
Socket, Ring-less, 13 Terminal, 20 amp, One piece
21
30
ea cover, Closure Plate, Ten Pole Test switch, Pre-wired
' $170.46
with DME
s color-coded wiring diagram fora 8-9S
meter.
SECTION G: Current Transformers
Current Transformers: 600 volt, over-bushing type
22 12 ea 200:5, ANSI meter accuracy class .3B-0.1, rating factor $63.48
of 4.0 @ 30 C. ABB Type CMU, Part #7524A75G01 or
equal.
Current Transformers: 600 volt, over-bushing type
23 12 ea 300:5, ANSI meter accuracy class .3B-0.2, rating factor
$63.48
of 4.0 @ 30 C. ABB Type CMU, Part #7524A75G02 or
equal.
Current Transformers: 600 volt, over-bushing type
24 6 ea 400:5, ANSI meter accuracy class .3B-0.2, rating factor $63.48
of 4.0 @ 30 C. ABB Type CMU, Part #7524A75G03 or
equal.
Current Transformers: 600 volt, over-bushing type
25 3 ea 600:5, ANSI meter accuracy class .3B-0.5, rating factor
$63.48
of 3.0 @ 30 C. ABB Type CMU, Part #7524A75G04 or
equal.
Current Transformers: 600 volt, over-bushing type
26 3 ea 800:5, ANSI meter accuracy class .3B-0.5, rating factor
$63.48
of 3.0 @ 30 C. ABB Type CMU, Part #7524A75G05 or
equal.
Current Transformers: 600 volt, over-bushing type
27 3 ea 1000:5, ANSI meter accuracy class .3B-0.5, rating
$63.48
factor of 2.0 @ 30 C. ABB Type CMU, Part
#7524A75G06 or equal.
Current Transformers: 600 volt, over-bushing type
28 3 ea 1200:5, ANSI meter accuracy class .3B-0.9, rating
$63.48
factor of 2.0 @ 30 C. ABB Type CMU, Part
#7524A75G07 or equal.
Page 3
BID # 3781
DATE: May 24, 2007
Exhibit A
Three-Year Contract for Electric Meters. CT's and Meter Sockets
EST.
ITEM ANNUAL UOM DESCRIPTION VENDOR VENDOR VENDOR VENDOR
QTY.
Wesco Stuart C. Irby
HD Supply Texas Meter &
Distribution Co. Device Co.
Principle Place of Business: Halt TX City, Fort Worth, TX Corinth, TX Waco, TX
Current Transformers: 600 volt, over-bushing type
29 3 ea 1500:5, ANSI meter accuracy class .3B-0.9, rating
$65.10
factor of 2.0 @ 30 C. ABB Type CMU, Part
#7524A75G08 or equal.
Current Transformers: 600 volt, over-bushing type
30
3
ea 2000:5, ANSI meter accuracy class .3B-1.8, rating
$69.83
factor of 1.5 @ 30 C. ABB Type CMU, Part
#7524A75G09 or equal.
Current Transformers: 200:5 ratio, 600 volt, window
31
6
ea type. 2.5" window ANSI meter accuracy class .3B-0.5,
$47.65
rating factor of 4.0 @ 30 C. ABB Type CMF, Part #
4460A30G01 or equal.
Current Transformers: 300:5 ratio, 600 volt, window
32 6 ea type. 3.0" window, ANSI meter accuracy class .3B-0.5,
$39.70
rating factor of 3.0 @ 30 C. ABB Type CMS, Part #
7524A79G02 or equal.
Current Transformers: 400:5 ratio, 600 volt, window
33
6
ea type. 3.0" window ANSI Meter accuracy class .3B-0.5
~
$47.65
rating factor of 4.0 @ 30 C. ABB Type CMF, Part #
4460A30G03 or equal.
Voltage Transformers: ANSI accuracy class 0.3 thru
Burden Z, Thermal Rating 1500 VA at 30 degrees C
34 6 ea ambient, 8400:120 voltage rating, single bushing, 110 $815.85
KV BIL, ABB Type VOZ-11M, Part # 7525A91G07 or
equal.
Current Transformers: ANSI accuracy class .3 thru B-
35 6 ea 0.5, 110 KV, BIL, 13,800 nominal or 15 KU acceptable.
Ratio required.
Specify rating factor: N/A N/A 3 3.0
35a 3 ea 15:5 ABB Type KON-11, Part # 7524A25G02 or $512.50
equal
35b 3 ea 20:5 ABB Type KON-11, Part # 7524A25G03 or $512.50
equal
35c 3 ea 25:5 ABB Type KON-11, Part # 7524A25G04 or $512.50
equal
35d 3 ea 30:5 ABB Type KON-11, Part # 7524A25G05 or $512.50
equal
Page 4
BID # 3781
Exhibit A
DATE: May 24, 2007
Three-Year Contract for Electric Meters, CT's and Meter Sockets
EST.
ITEM ANNUAL UOM DESCRIPTION VENDOR VENDOR VENDOR VENDOR
QTY.
Wesco Stuart C. Irby
HD Supply Texas Meter &
Distribution Co. Device Co.
Principle Place of Business: Halt TX City, Fort Worth, TX Corinth, TX Waco, TX
35e 3 ea 40:5 ABB Type KON-11, Part # 7524A25G06 or $521.25
equal
35f 3 ea 50:5 ABB Type KON-11, Part # 7524A25G07 or $521.25
equal
35g
3
ea 100:5 ABB Type KON-11 Part # 7524A25G09 or
~
$528.75
equal
35h 3 ea 200:5 ABB Type KON-11, Part # 7524A25G11 or $528.75
equal
Shipment can be made in days from receipt of order.
14 - 70 Various
(See bid for notes &
28 - 35 Various
exceptions) (See bid)
Bidder is an authorized distributor, by the manufacturer, and is authorized
to sell to the City of Denton? Yes or No or N/A yes Yes Yes Yes
Prices shall be bid F.O.B. Denton
Page 5
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DRAFT MINUTES
PUBLIC UTILITIES BOARD
June 11, 2007
After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
present, the Chair of the Public Utilities Board thereafter convened into an Open Meeting on
Monday, June 1 1, 2007 at 9:00 a.m. in the Service Center Training Room, City of Denton
Service Center, 901-A Texas Street, Denton, Texas.
Present: Chair Charldean Newell, Dick Smith, Bill Cheek, Bob Bland, John Baines and Randy
Robinson
Ex Officio Members
George Campbell, City Manager
Howard Martin, ACM Utilities
Absent: Phil Gallivan, excused
OPEN MEETING:
CONSENT AGENDA:
The Public Utilities Board has received background information, staff's recommendations, and
has had an opportunity to raise questions regarding these items prior to consideration.
1) Consider recommending adoption of an Ordinance accepting competitive bids and awarding
a two-year contract for the purchase of water and sewer parts for the City of Denton
Warehouse; providing for the expenditure of funds therefore; and providing an effective date
(Bid 3730-Two-Year Contract for Water and Sewer Inventory awarded to the lowest
responsible bidder for like items, or by section in the annual estimated amount of $800,000).
2) Consider recommending approval of Bid No. 3796 for replacement of the Secondary
Digester Cover at the Pecan Creek Water Reclamation Plant to the low bidder Crescent
Constructors, Inc. in the amount of $643,000.
3) Consider recommending approval of Bid #3781 for a three year price agreement for electric
meters, current transformers and meter sockets in an amount not to exceed $509,100.
Board Member Bob Bland moved to approved Items 1-3 with a second from Board
Member Randy Robinson. The motion was approved by a 5-0 vote.
The meeting was adj ourned by consensus at
AGENDA INFORMATION SHEET
AGENDA DATE: June 19, 2007 Questions concerning this
acquisition maybe directed
DEPARTMENT: Materials Management to Mike Ellis at 349-8434
ACM: Jon Fortune
SUBJECT
Consider adoption of an Ordinance providing for the expenditure of funds for the refurbishing
and mounting of an ambulance module on a new 2008 chassis for the City of Denton Fire
Department in accordance with provisions of State Law exempting such purchases from
requirements for competitive bidding; and providing an effective date (File 3 807-Emergency
Purchase of Refurbishment and Mounting of Ambulance Module on Chassis for the City of
Denton Fire Department awarded to Freeway Ford in the amount of $49,400).
FILE INFORMATION
This acquisition is for the refurbishing of a Frazer Type I 12' GPM ambulance body and
replacement of a Ford F-350 chassis damaged by flood water on April 24, 2007. The ambulance
was partially submerged in rapidly rising floodwater damaging the chassis beyond repair and
requiring major refurbishing of the ambulance module body. The bodywork is being done by the
original manufacturer, Frazer Ambulance Company. The chassis, a 2008 Ford F-350 6.4 diesel
XLT, is supplied by Freeway Ford. To comply with Texas Motor Vehicle regulations, the
purchase order will be issued to Freeway Ford. Due to the limited number of ambulance units
available in the Denton Fire Department fleet, this acquisition was determined to be an
emergency and exempt from the competitive bidding process.
RECOMMENDATION
Declare the acquisition an emergency and approve the purchase order to Freeway Ford in the
amount of $49,400.
PRINCIPAL PLACE OF BUSINESS
Freeway Ford
Houston, TX
ESTIMATED SCHEDULE OF PROJECT
The refurbishment and remounting of the ambulance module is estimated to be complete within
30 days.
Agenda Information Sheet
June 19, 2007
Page 2
FISCAL INFORMATION
This item will be funded from account 860002.6553.
Respectfully submitted:
c-,~.
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Memo form Ross Chadwick, Fire Chief
Attachment 2: Quote from Frazer Ambulance Co.
1-AIS-File 3807
Attachment 1
To: Purchasing Agent
From: Ross Chadwick, Fire Chief
Date: June 5, 2007
Subject: Ambulance Purchase
During a recent weather event, a Fire Department ambulance was severely damaged. The
ambulance was an assigned front line unit and a reserve ambulance is now operating in its
place. The replacement of this apparatus is deemed an emergency as this leaves only one unit
available in reserve status and one unit operating at a level beyond its capacity. Your
assistance in expediting this purchase is appreciated.
Thank you,
.,, - -
r `
Ross Chadwick
Fire Chief
Denton Fire Department
332 E. Hickory St.
Denton, ~'exas 76201
940.349.8840
www. cityofdenton. com
- Attachment 2
a.
_,
d
prd 2, 2007
Nor. N~onty Perry
l]entoa~ Fire Department
Em.~: monty.perry cityofdenton. co
Mr. Perry,
Quote # 5U57
Per your request we are quoting ren~aunt~ng and refurbishing of your Fm~er Type ~ ~ ~' ~rP~
onto a 2005 F-35o G.4L diesei ~T chassis. Foy your convenience all pricing has been itemized
below.
2005 Fard F-~~~ G.4~ diesel I,T chassis ~ ~,~~~.00
Remount X0,000.00
~ddi~Q~a1 items listed below} S 40.00
Tam 49,4.00
Remount of moduli„cludes:
a} New wheten 400 series grille and intersect LEDs
and new speakers
b~ New console aid new siren
c} Replace all generator cabling
d} New boot plate and boat
e} New mounting ribber
f} Rewire ~ lights
g} New under hood brewers
h} Flect~cal check-out
i}New weatherstrip on doors, new rivets on panels
new safety walk caution abrasive tape on all entry thresholds
~ddxtional items:
~eldern~.an air suspension system
Furnish and install ~ new 5.5 kw gen set
,OOC~.00
,4~}0.0~
The price quoted w~ vat due to the extent of water damage that may be found. ~]ue to limited
owledge, an inspection shall be performed and ~ revision of additiana~ charges will be
submitted for your approval.
Note:
1~. The air suspension on the old chassis will not ~t on ~e new 20(18 Ford F~30 chassis.
~. Yawing of rnadulc can be quoted separateXy if you desire. old chassis is to be towed back to
D~ntan Fire Department.
. There are no Ranchhand Ville guards available for the 2005 Ford F-~~ cUrren~.y therefore
all LF~]~ ~a~i have to he mounted on factory grille and fenders.
This does not iniude HGA' fee of 600.0, although yon ~,ay not need to o through e~
under this emergency P.~..
Per 'f ~1 we ire qo~n t~~ t~xouh cur iieenec~ franch~~e ~ea~er, Freeway ~~rd.
Thank you for the aprtunity to quote this doh. ~ you have any questions pease call me at 858
~7~-97I.
hest beards,
~doiph Garcia
Fraser, Ltd.
ORDINANCE N0.
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE
REFURBISHING AND MOUNTING OF AN AMBULANCE MODULE ON A NEW 2008
CHASSIS FOR THE CITY OF DENTON FIRE DEPARTMENT IN ACCORDANCE WITH
PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM
REQUIREMENTS FOR COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE
DATE (FILE 3807-EMERGENCY PURCHASE OF REFURBISHMENT AND MOUNTING
OF AMBULANCE MODULE ON CHASSIS FOR THE CITY OF DENTON FIRE
DEPARTMENT AWARDED TO FREEWAY FORD 1N THE AMOUNT OF $49,400).
WHEREAS, state law and ordinance require that certain contracts requiring an
expenditure or payment by the City in an amount exceeding $25,000 be by competitive bids,
except in the case of public calamity where it becomes necessary to act at once to appropriate
money to relieve the necessity of the citizens of the city, or in case of unforeseen damage to
public property, machinery or equipment or where the procurement is necessary to preserve or
protect the public health or safety of the city's residents under Section 252 of the Local
Government Code; and,
WHEREAS, the City Manager has recommended to the City Council that it is necessary
to purchase goods or services due to the following emergency conditions outlined in the
memorandum attached hereto, incorporated herein by reference; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council hereby determines that there is a public calamity that
makes it necessary to act at once to appropriate money to relieve the necessity of the citizens of
the city, or to provide for unforeseen damage to public property, machinery or equipment, or to
preserve or protect the public health or safety of the city's residents and by reason thereof, the
following emergency purchases of materials, equipment, supplies or services, as described in the
"Purchase Orders" referenced herein and on file the office of the Purchasing Agent, are hereby
approved:
PURCHASE
ORDER NUMBER VENDOR AMOUNT
133233 Freeway Ford/Frazer, Ltd. $ 49,400
SECTION 2. Because of such emergency, the City Manager or designated employee is
hereby authorized to purchase the materials, equipment, supplies or services as described in the
attached Purchase Orders and to make payment therefore in the amounts therein stated, such
emergency purchases being in accordance with the provisions of state law exempting such
purchases by the City from the requirements of competitive bids.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2007.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
3-ORD-File 3807
AGENDA INFORMATION SHEET
AGENDA DATE: June 19, 2007
DEPARTMENT: Materials Management
ACM: Jon Fortune
Questions concerning this
acquisition maybe directed
to Jim Coulter at 349-7194
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding a public works
contract for the installation of a digester cover at the City of Denton Pecan Creek Water
Reclamation Plant; providing for the expenditure of funds therefor; and providing an effective
date (Bid 3796-Pecan Creek Water Reclamation Plant Digester Improvements awarded to
Crescent Constructors, Inc. in the amount of $643,000). The Public Utilities Board recommends
approval (5-0).
BID INFORMATION
The Pecan Creek Water Reclamation Plant (PCWRP) uses a primary and a secondary digester in
sequence to stabilize the combined sludge from the primary and secondary treatment processes.
The stabilized sludge is then pressed and used as an ingredient in the compost operation. During
the recent expansion of the PCWRP to 21 million gallons per day capacity, all of the process
units related to heating and mixing of the sludge in the digesters were replaced. At that time, the
condition of the digester covers was also evaluated. This condition evaluation determined that
the secondary digester cover will need replacement in the near future. The plant has extracted
another four years of service from this digester cover, and it is now time to replace the cover.
PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Utility Board approved this item at its June 1 1, 2007 meeting.
RECOMMENDATION
Award to Crescent Constructors, Inc. in the amount of $643,000.
PRINCIPAL PLACE OF BUSINESS
Crescent Constructors, Inc.
Richardson, TX
ESTIMATED SCHEDULE OF PROJECT
Completion of this project is estimated to be 300 days from the date that the Notice to Proceed is
issue .
Agenda Information Sheet
June 19, 2007
Page 2
FISCAL INFORMATION
Funding for this item is budgeted in account 640013539.1365.40100.
Respectfully submitted:
c-,~.
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Bid Tabulation
1-AIS-Bid 3796
Bid #3796 Attachment 1
Date: 5/29107
Pecan Creek Water Reclamation Plant Digester Improvements
NO. DESCRIPTION Vendor Vendor
Crescent Red River
Constructors, Construction
Inc.
Principle Place of Business: Richardson, TX Wylie, TX
4.A Installation of Digester Cover Base $583
000.00 $555
000.00
Bid , ,
Demolition and Disposal of
4.B Exisitng Cover, Sludge Removal $60,000.00 $95,000.00
and Digester Cleaning
Total A and B $643,000.00 $650,000.00
Bid Bond yes yes
ORDINANCE N0.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE INSTALLATION OF A DIGESTER COVER AT THE CITY OF
DENTON PECAN CREEK WATER RECLAMATION PLANT; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID
3796-PECAN CREEK WATER RECLAMATION PLANT DIGESTER IMPROVEMENTS
AWARDED TO CRESCENT CONSTRUCTORS, INC. IN THE AMOUNT OF $643,000).
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
3796 Crescent Constructors, Inc. $643,000
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
,2007.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER VVALTERS, CITY SECRETARY
BY:
3-ORD-Bid 3796
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DRAFT MINUTES
PUBLIC UTILITIES BOARD
June 11, 2007
After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
present, the Chair of the Public Utilities Board thereafter convened into an Open Meeting on
Monday, June 1 1, 2007 at 9:00 a.m. in the Service Center Training Room, City of Denton
Service Center, 901-A Texas Street, Denton, Texas.
Present: Chair Charldean Newell, Dick Smith, Bill Cheek, Bob Bland, John Baines and Randy
Robinson
Ex Officio Members
George Campbell, City Manager
Howard Martin, ACM Utilities
Absent: Phil Gallivan, excused
OPEN MEETING:
CONSENT AGENDA:
The Public Utilities Board has received background information, staff's recommendations, and
has had an opportunity to raise questions regarding these items prior to consideration.
1) Consider recommending adoption of an Ordinance accepting competitive bids and awarding
a two-year contract for the purchase of water and sewer parts for the City of Denton
Warehouse; providing for the expenditure of funds therefore; and providing an effective date
(Bid 3730-Two-Year Contract for Water and Sewer Inventory awarded to the lowest
responsible bidder for like items, or by section in the annual estimated amount of $800,000).
2) Consider recommending approval of Bid No. 3796 for replacement of the Secondary
Digester Cover at the Pecan Creek Water Reclamation Plant to the low bidder Crescent
Constructors, Inc. in the amount of $643,000.
3) Consider recommending approval of Bid #3781 for a three year price agreement for electric
meters, current transformers and meter sockets in an amount not to exceed $509,100.
Board Member Bob Bland moved to approved Items 1-3 with a second from Board
Member Randy Robinson. The motion was approved by a 5-0 vote.
The meeting was adj ourned by consensus at
AGENDA INFORMATION SHEET
AGENDA DATE: June 19, 2007
DEPARTMENT: Materials Management
ACM: Jon Fortune
Questions concerning this
acquisition maybe directed
to Bob Tickner 349-8275
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding a public works
contract for improvements to Cedar Street including sidewalk replacement, accessibility ramps,
landscaping, storm drainage, water line and sanitary sewer improvements; providing for the
expenditure of funds therefor; and providing an effective date (Bid 3770-Cedar Street
Improvements awarded to The Fain Group, Inc. in the amount of $1,170,263). The Public
Utilities Board recommends approval of utility related items (5-0).
BID INFORMATION
The Cedar Street Improvements project consists of the reconstruction of sidewalks and
streetscape on Cedar Street from McKinney Street south to Mulberry. As part of this renovation
project, portions of the street will be rebuilt and/or resurfaced; consequently, the need for the
replacement and rehabilitation of storm drainage, water and sewer utilities was reviewed. All
three utilities were in need of replacement because of age and condition, water break histories or
operational/maintenance concerns. Award of this contract allows complete replacements in
advance of or in conjunction with the street work.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Utility Board approved the utility related sections of this bid at its May 30, 2007
meeting.
RECOMMENDATION
Award to The Fain Group, Inc. in the amount of $1,170,263.
PRINCIPAL PLACE OF BUSINESS
The Fain Group, Inc.
Fort Worth, TX
STAFF COST ESTIMATE
Staff estimated the cost of this proj ect at $1,172,129.50.
Agenda Information Sheet
June 19, 2007
Page 2
ESTIMATED SCHEDULE OF PROJECT
This project is estimated to be completed within 150 work days or approximately December 1,
2007.
FISCAL INFORMATION
Funding for this project will come from the following Account numbers:
Account# 962004001.13 60.40100
Account# 962004002.13 60.40100
Account# 962005002.1360.40100
Account# 3 09999445.13 60.40100
Drainage Account# 650041560.1360.40100
Drainage Account# 650041559.1360.40100
Water Account# 630062517.1360.40100
Wastewater Account# 640082535.1360.40100
Wastewater Account# 640082536.1360.40100
$374,315.00
$194,185.00
$198,400.00
$ 68,915.00
$ 79,839.29
$ 13,710.71
$142,039.50
$ 9,444.00
$ 89,414.50
$1,170,263.00
Respectfully submitted:
~~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Bid Tabulation
1-AIS-Bid 3770
Bid #3770 Attachment 1
Date: May 8, 2007
Cedar Street Improvements
N0. Description Vendor Vendor
Jagoe-Public The Fain Group Inc.
Company
Principle Place of Business: Denton, TX Fort Worth, TX
1 Total Base Bid Section A No Bid $835,815.00
2 Total Base Bid Section B $544,350.50 $334,448.00
Total Base Bid Section C
3 $1,170,263.00
(Total of A & B)
Bid Bond yes yes
ADDENDUM # 1 yes yes
ORDINANCE N0.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR IMPROVEMENTS TO CEDAR STREET INCLUDING SIDEWALK
REPLACEMENT, ACCESSIBILITY RAMPS, LANDSCAPING, STORM DRAINAGE, WATER
LINE AND SANITARY SEWER IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE
OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3770-CEDAR
STREET IMPROVEMENTS AWARDED TO THE FAIN GROUP, INC. IN THE AMOUNT OF
$1,170,263).
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
3770 The Fain Group, Inc. $1,170,263
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
,2007.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER VVALTERS, CITY SECRETARY
BY:
3-ORD-Bid 3770
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AGENDA
PUBLIC UTILITIES BOARD
May 3 0, 2007
After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
present, the Chair of the Public Utilities Board thereafter convened into an Open Meeting on
Wednesday, May 30, 2007 at 9:05 a.m. in the Service Center Training Room, City of Denton
Service Center, 901-A Texas Street, Denton, Texas.
Present: Chair Charldean Newell, Dick Smith, Bill Cheek, Phil Gallivan, Randy Robinson
and John Baines (arrived at 9:24 a.m.)
Ex Officio Members:
George Campbell, City Manager, excused
Howard Martin, ACM Utilities
Absent: Bob Bland, excused
OPEN MEETING:
CONSENT AGENDA:
Approval of the Consent Agenda authorizes the Assistant City Manager of Utilities, or his
designee, to implement each item in accordance with the staff recommendations. The Public
Utilities Board has received background information, staff's recommendations, and has had an
opportunity to raise questions regarding these items prior to consideration.
Listed below are bids, purchase orders or other matters to be brought before the Public Utilities
Board to be considered and approved for payment or other action under Consent Agenda Items 1
through 2. Detailed information is attached to each Consent Agenda item. This listing is
provided on the Consent Agenda to allow Public Utilities Board Members to discuss or withdraw
an item prior to approval of the Consent Agenda. If the item is pulled from consideration for
separate discussion, prior to its consideration, such item will be considered as the first item(s)
taken up under the "Items For Individual Consideration" section of the agenda, set forth below.
The remaining Consent Agenda Items will be approved with one motion, a second, and by a
majority vote of the Public Utilities Board Members who are present.
1) Consider recommending adoption of an Ordinance awarding a contract under the Texas
Multiple Award Schedule (TXMAS) program for the purchase of two 55' aerial device
bucket trucks and one hydraulic rotating digger derrick truck as awarded by the State of
Texas Building and Procurement Commission contract TXMAS-7-23V040; providing for the
expenditure of funds therefore; and providing an effective date (File 3724-Heavy Services
Trucks for Denton Municipal Electric awarded to Grande Truck Center in the amount of
$385,354).
2) Consider approval of an ordinance accepting competitive bids and awarding contracts for the
purchase of temporary employment services to the Solid Waste Department.
Board Member Dick Smith moved to approve Item 1 and 2 with a second from Board
Member Phil Gallivan. The motion was approved by a 5-0 vote.
1 Public Utilities Board Agenda
2 May 14, 2007
3 Page2of8
4
5
6 ITEMS FOR INDIVIDUAL CONSIDERATION:
7
8 3) Consider recommending approval of the Public Utilities Board meeting minutes of:
9 a. May 14, 2007
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11 The minutes were approved as circulated.
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13 4) Consider recommending approval of award of Bid No. 3770 in an amount not to exceed
14 $334,448.00 to Fain Construction, Fort Worth, Texas for the construction of storm drainage,
15 water line and sanitary sewer improvements associated with the Cedar Street Improvements
16 projects. The proj ect location is shown on Exhibit I.
17
18 P.S. Arora, Assistant Director of Wastewater Utilities, presented this item noting that the Cedar
19 Street Improvements proj ect consisted of the reconstruction of sidewalks and streetscape on
20 Cedar Street from McKinney Street south to Mulberry. As part of this renovation project,
21 portions of the street will be rebuilt and/or resurfaced; consequently, the need for the
22 replacement and rehabilitation of storm drainage, water and sewer utilities was reviewed. All
23 three utilities were in need of replacement because of age and condition, water break histories or
24 operational/maintenance concerns and it was desirable to complete these replacements in
25 advance of or in conjunction with the street work.
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27 Bids were originally taken for the entire project, including the relocations/rehabilitations of the
28 storm drainage, water and sewer lines. Bids were received on January 1 1, 2007 from a total of
29 two bidders. The total bid amount from C. Green Scaping, LP was $1,157,608.15 and from
30 Northstar Construction was $1,327,315.00. The engineer's opinion of probable cost for the
31 entire project was $1,036,979.50. The combined water and sewer bids were high ($348,743.20)
32 for the overall low bidder (C.Green Scaping, LP), and the bid structure did not allow for a
3 3 separate award of the water and sewer portion of the proj ect to the other bidder (Northstar
34 Construction's water and sewer bid was $193,315.00).
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3 6 In addition to the unfavorable bids for water and sewer and the limitations in the bid language to
37 allow for the separate award for these bid items to the second low bidder, there were also some
3 8 concerns raised after the bid opening about the condition of existing storm drainage lines within
3 9 Cedar Street that were not a part of the original bid package. As a consequence, staff met to
40 discuss alternatives and elected to expand the scope of work to include the additional storm
41 drainage improvements and rebid the proj ect with more flexibility for the city specified in the bid
42 award.
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44 The rebid of the project allowed for all of the underground improvements (storm drainage, water
45 and sewer) to be bid as a Part B of the bid package while the grant funded sidewalks, street
46 Scaping and pavement work to be bid as Part A of the bid package. The bid package was
47 structured to allow the separate award to the low bidder of Part A only or Part B only or Part
48 A+B.
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6 The restricted bid package was issued and bids were received on May 8, 2007. There were two
7 bidders. The Fain Company of Fort Worth, Texas was the low bidder for Part A, Part B and the
8 combined Part A+B bid award alternatives. Although the project was rebid and included
9 additional storm drainage work in excess of approximately $75,000.00, the overall project cost to
10 the city in the rebid was only $12,665.00 ($1,170,263.00 vs. $1,157,608.15). In addition, the
11 bids received for water and sewer were under the engineer's estimate and were $107,845.70 less
12 ($240,897.00 vs. $348,743.20) than the original bid. The grant funded portion of the project
13 (Part A) had an overall increase of 3.2% ($26,970.20) as a result of the rebidding of the project.
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15 Board Member Bill Cheek moved to approve with a second from Board Member Smith.
16 The motion was approved by a 5-0 vote.
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18 5) Consider recommending approval of the agreement between the City of Denton and Denton
19 288 L.P., a Texas Limited Partnership for the provision of Sanitary Sewer and Water
20 Facilities pertaining to the Hills of Denton, a development located in the City of Denton.
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22 P.S. Arora, Assistant Director of Wastewater Utilities, presented this item noting that it had been
23 an on-going project since 2002. Denton 288 L.P., aka Tomlinson Investments, bought 2100
24 acres, which have been annexed, with the zoning contingent upon approval of the agreement.
25 The property boundaries are along Loop 288, Locust Street, Bonnie Brae, and 1000 feet south of
26 Milam Road.
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28 The Hills of Denton has been working with the Water department staff developing agreements
29 for water/wastewater service. The components of the facilities and the responsibilities ofthe
30 Developer and the City are included in the agreement. To provide wastewater service to the
31 Hills of Denton, the Developer's proj ect will include the survey, design and construction of the
32 entire Phase 1 project. The City will procure the off site permanent and temporary construction
33 easements for Phase 1. As Phase 1 begins to reach its capacity of serving 1700 homes, the City
34 will commence Phase II which includes the remaining interceptor sewer and Clear Creek Water
35 Reclamation Plant construction.
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37 Water service supply to the development is available from the existing 36" transmission pipeline
38 along the north side of Loop 288. There are four existing stub-outs available for extending water
39 mains to the development at the developer's cost. There is an existing 12" waterline on Milam
40 Road available for additional capacity. All expenditures for water service to the development
41 are the responsibility of the developer. No city funds, except for any oversize of water lines, will
42 be spent without approval by the PUB and the City Council.
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44 Board Member Dick Smith asked if the total cost of Phase I would be the developer's.
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46 Arora replied that it would.
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48 Board Member Randy Robinson asked if Phase II had been authorized as part of a bond package.
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Arora replied that it was at one time, but when the original investor walked away from the
project, bond money and the debt obligation were transferred to the electric department.
Board Member Dick Smith moved to approved with a second from Board Member Phil
Gallivan. The motion was approved by a 6-0 vote.
6) Consider a contract extension to Trinity Waste Services to continue to provide residential
curbside recycling services to Denton's citizens.
Vance Kemler, Director of Solid Waste, stated this was a revisit of the city's curbside recycling
program. The city had experienced a very successful four plus years with Trinity Waste Services
now Allied Services. The contract has the ability to extend the original contract and doing so
required some changes since the contract was somewhat dated. The amended contract staff is
bringing forward for approval has one and only one extension term for curbside recycling with
Allied.
At the last meeting, staff expected to have a signed fully extended contract to bring forward
today of be prepared to go out for bid. Staff has prepared a bid in the event that the contract was
not signed. Both parties have agreed to the terms of the extension. Kemler state he had a voice
mail from Allied stating that corporate had signed and executed the contract and the contract
would be delivered this morning. Since Allied had fulfilled its agreement to sign the contract,
Kemler was making staff's recommendation that the city move forward with an extension with
Allied for the next 5 years.
Board Member Smith asked if conversations had taken place with Trinity regarding the offsite
co ections centers.
Kemler replied that Trinity was preparing a proposal which staff has not yet received. Kemler
was hopeful that the proposal would be delivered along with the curbside contract.
Board Member Smith stated that the discussion last meeting was that it would have been
advantageous to have both contracts at the same time.
Kemler stated that staff hopes to bring that contract to the Board at the next meeting. If Allied
does not provide a proposal, or if that proposal is unacceptable, staff is prepared to go out for
bids.
As part of that bid, staff would also bid a cart maintenance program to see what the cost would
be. Currently cart maintenance for the refuse carts is with the cart manufacturer. Recycling carts
are done internally. Staff thought there should be some economy by consolidating those
services.
Board Member Gallivan asked if the Board had directed staff to negotiate other terms.
1 Public Utilities Board Agenda
2 May 14, 2007
3 Page 5 of 8
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6 Kemler replied staff was asked to acquire a quote for drop-off collections which had not been
7 received at this time.
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9 Board Member Smith suggested that the motion be worded that the contract with Allied not be
10 signed until a proposal for the drop off sites had been received. Hopefully that would give the
11 city some leverage.
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13 Howard Martin, ACM Utilities, stated that the only negative to doing that would be the time
14 frame in getting a bid out. If no decision is reached by June 11th, that would be a possibility.
15 Also, June 19th is the last Council meeting for a period of about 30 days, so whatever is the
16 decision is, it needs to go to the Council on June 19th. If for some reason, Council does not
17 approve the contract, then the bid needs to be out on the street.
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19 Martin's general sense was that staff could get a drop off site proposal from Allied for the June
20 11th PUB consideration.
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22 Chair Newell stated that when a motion is made, it should include the motion that the offsite
23 collection proposal should also be received and the contract for recycling would be withheld
24 until it is received.
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26 Board Member Gallivan moved to table this item until the June 11, 2007 PUB meeting with
27 a second from Board Member Cheek. The motion was approved by a 6-0 vote.
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29 7) Receive a report, hold a discussion and give staff direction regarding the removal of property
30 in the downtown area from the floodplain and discuss issues relating to flooding experienced
31 during the April 24th storm.
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33 Jim Coulter, Director of Water Utilities, presented this item stating that at the March 6, 2007
34 City Council meeting staff was directed to bring cost estimates for removing the downtown area
35 from the 100 year floodplain. What staff looked at was the downtown area basically west of
36 Bell Avenue over to Carroll Boulevard up to U.S. 380 and down to Eagle Drive. Using estimates
37 from the 1996 Pecan Creek Master Plan cost estimates to removed the downtown area from the
38 100 year floodplain used an inflation factor to come up with a $25 million cost for construction
39 only. That's just the channel and concrete. Then, engineering costs would be about $2.5
40 million. Utility relocations a conservative estimated would be around $10 million when you go
41 through the older area of town and excavate deeper and wider on those channels a lot of
42 wastewater lines, water lines are going to have to be relocated to provide service to the
43 community. The easement right-of way acquisitions moving a lot of business, purchase a lot of
44 property to do that project a $10 million estimate and then added contingency. That is $56
45 million number for a ball park estimate of what it would take to remove the downtown portion of
46 the community from the 100 year flood plain. If you look at that same factor that we used from
47 1996 to present, staff added about a 1.4 inflation factor which makes the cost of the project over
48 a ten year period around $78 to $80 million. Council wanted a point of reference if the
49 community wanted to remove all of the downtown area from the floodplain so that development
50 could occur in those lower floodplain areas of the community.
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Board Member Smith asked how many acres of land would be removed.
Coulter replied about 142 acres.
Smith asked if that included the floodway and the floodplain.
Coulter replied yes.
Smith asked if that would give an additional 140 acres of developable property.
Coulter, we would get property out of the property. There are already structures in the
floodplain. It's just pulling those areas out of the FEMA designation as a 100 year flood.
Coulter pointed out that the drainage budget does not have the money to allocate toward that
kind of proj ect. To do that kind of proj ect staff would have to triple the drainage fee to pay for
that scale of a project. He's not asking for a recommendation on that, but that's something
Council wanted staff to bring forward. If Council decides to go forward and continue an
investigation an outside engineering firm will need to be hired to do a feasibility analysis of that
project and to come up with a good firm dollar estimate on what that would be.
The other issue to be discussed at Council is what happened during the recent flood event. As
you are aware, recently had a 100 year storm event in parts of the town, we had flooding with 96
street closures,150 homes flooded. The good news is that with approximately 1400 homes and
structures located in the FEMA floodplain, only 150 homes flooded.
Staff will discuss with the Council how far does Council want to go in trying to remove
properties from the floodplain throughout the community. One of the things that the engineering
group does on an annual basis is sending out notification to those 1400 properties that they are
located in a floodplain. VVe notify residents and business owners and the National Flood
Insurance Program is available for them and if interested they should contact their insurance
agent to purchases flood insurance.
Since the storm event, staff has been gathering a lot of information, flood insurance estimates for
properties out there in the community using a $160,000 home with $60,000 worth of contents
insurance would be about $2500 a year. If contents are not insured it would be about $1200
yearly. By comparison, a $150,000 home with $50,000 contents not in the floodplain insurance
is around $264 a year. Staff will increase its efforts to make sure property owners are informed
a out insurance.
Coulter presented options which ran the gamut of costs. The first would be to continue the
drainage program at its current level. Progress has been made. The current program is making
incremental progress in removing properties and prevents people from being washed off of
roadways. That is the key area staff is currently focusing on.
1 Along with continue at current level, staff can redouble its efforts to notify those people out in
2 the floodplain areas that flood insurance is available, not only to those in the floodplain but if
3 you have a poor site condition, flood insurance is available as well.
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5 The next option is to purchase developed properties that are at risk of flooding and remove
6 residents from buildings in the floodplain. If the City purchased all of the 150 homes that were
7 damaged, as a discussion purpose only, at a cost of $80,000 each, it would about $12 million to
8 purchase those homes.
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10 Another option would be to go through the community, purchase all of the easement, all of the
11 properties, do all of the utility relocations for all of these floodplain areas and try to remove all of
12 the property from the floodplain; again ballpark estimate is in the $200 million range.
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14 One thing that staff will take to Council to discuss is to request at 10% increase in the drainage
15 fee and that money would be earmarked to start purchasing those flood prone properties. A 10%
16 increase in the drainage fee would yield about $350,000 a year. What staff would do would be to
17 develop criteria that would identify those properties in different areas of town that have the
18 lowest finished floor elevation in relationship to the base flood in that particular area and make
19 an offer. This would be a voluntary program. Once purchased the structure would be moved out
20 or demolished.
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22 Chair Newell stated there was another option. If the city gets about $350,000 a year from a 10%
23 increase in drainage fee, provide a $2,000 incentive per the 175 most vulnerable homes to buy
24 flood insurance. It doesn't solve the problem but it would be immediate.
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26 Board Member Smith remarked he was not really sure how he felt. However, the drainage fee as
27 such is political and such a volatile issue that he is not sure that it should be increased. He thinks
28 the drainage revenue needs to go to providing issues of public safety with regard to the overall
29 citizenry of Denton which means roadway equipment.
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31 Board Member Randy Robinson stated that he did not think that the City could take on the
32 responsibility that FEMA has taken on which is a program of a standard insurance premium that
33 afforded to properties within a floodplain and to go beyond that for the City to do that he not sure
34 that is its role. He agreed with Board Member Smith in that public safety should be foremost
35 and if there is an increase how to earmark that money for public safety.
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37 Board Member Cheek stated that he was not certain the drainage fee needed to be raised to
3 8 increase public safety.
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40 Chair Newell asked if Coulter could provide a cost to attacking mainly areas which involved
41 critical north south streets.
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43 Coulter stated that the problem with road structures inmost cases is even if the height of the road
44 is increased over the channel, without improving the channel the water will go around to
45 wherever it was elevated creating a split section of water. It's going to take a huge investment of
46 money. Staff is working on Carroll and trying to get a north south thoroughfare in the
47 community that doesn't flood.
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2 May 14, 2007
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6 Consensus of the Board was that due to the magnitude of the problem, it could not be addressed
7 with a 10% increase in the drainage budget and that staff should continue with its current
8 drainage program.
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10 8) Receive a report, hold a discussion and give staff direction on the Solid Waste Fiscal Year
11 2007-08 Operating Budgets and the Fiscal Year 2008-2012 Capital Improvement Program
12 (CIP).
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14 Vance Kemler, Director of Solid Waste, presented the solid waste budget stating that this is the
15 first time in many years of solid waste refuse services that staff was not coming forward to ask
16 for a rate increase for residential or commercial refuse services.
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18 Kemler presented highlights of the budget beginning with a population history that pointed out
19 that beginning in 1991 using five year increments, staff wanted to determine that as the
20 population increase occurred, what happened to waste generation and to the amount of waste
21 landfill. Staff found that during 1991-96 the population increased by 5%, in the next five year
22 period,1996-2000, the population increased 33%, and over the next 5 year period increased
23 20%. What staff found interesting was the amount of material landfill during 1991-96 with a 5%
24 increase realized a 25% increase in the amount of waste landfill. The population increase over
25 the next five year period was 3 3 %, yet the landfill amount only increased by 12%, and even
26 more interesting was during 2001-2006 with a population increase of 20%, the amount of landfill
27 waste increased by 3.5%.
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29 Chair Newell asked what year curbside recycling begin.
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31 Kemler responded that the curbside recycling and the public education program began in 2002
32 and that it appears that there is a correlation to public education on waste management
33 techniques reuse recycling and a definite decrease in the amount of landfill waste.
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35 Kemler next discussed service changes. Several years ago the schedule of refuse collection
36 changed to 4 ten hour days and currently provides refuse service on Monday/Tuesday and
3 7 Thursday/Friday. At the time of transition to the 4 ten hour days, a separate crew was
3 8 established to handle brush and bulky items which is a more efficient way to manage that
39 material. As part of that program staff plans to transition to aMonday/Tuesday,
40 Wednesday/Thursday collection days with no collection on Friday.
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42 Staff is also looking at rebalancing routes because the Friday route now has an excessive number
43 of stops and requires shifting some routes to a Thursday route. This will produce a more
44 balanced workload and require less overtime for the crew. Also, by changing to a
45 Monday/Tuesday, Wednesday/Thursday collection day there is the potential for increased
46 availability of vehicles.
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48 Kemler next presented the Curbside Recycling program stating that had not been an increase in
49 five years. The budget this year is established on a $2.05 per month contract change. The
50 budget for all recycling services is based on $4.00 per month which represents an expected
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increase of about 50% in the curbside program. This is the only area staff is looking at rate
increases.
Kemler did point out an increase of $143,000 in solid waste area customer services utility billing
functions. The current year budget is $670,000. Next year's budget is projected to be $814,000
This is an extremely large increase. Should Allied Services not provide curbside recycling staff
has an RFP prepared for those services which would include a package requiring vendors to
submit a billing cost if the vendor billed its own recycling services which staff and would
compare to the in-house cost.
Board Member Smith asked the reason for the increase.
Kemler replied that in order to provide more information to customers on utility billing a new
line was added for recycling fees. That line item costs $3.50 per transaction for every bill that
goes out each month which is 26,000 x 12 = 300,000 plus transactions. The ratio of transactions
has increased based on the total customer service bill which has increased the allocation of
customer service dollars.
Kemler then presented the CIP budget for 2008-2012 which totals $9.35 million. The
Department has forecasted a FY 2008 bond sale of approximately $1.85 million to fund landfill
improvements, lechate recirculation, the gas collection system, residential and commercial
recycling containers, and improved site security.
9) ACM Update:
10) New Business -This item provides an opportunity for Public Utilities Board members to
suggest items for future agendas or to request information from the Assistant City Manager
or uture meetings.
11) Official Action, if necessary, on Closed Meeting item(s) under §§551.071-551.088 of the
Texas Government Code, as amended.
The meeting was adjourned by consensus at 11:38 a.m.
AGENDA INFORMATION SHEET
AGENDA DATE: June 19, 2007 Questions concerning this
acquisition maybe directed
DEPARTMENT: Materials Management to Frank Payne 349-8946
ACM: Jon Fortune
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding a public works
contract for the construction of sanitary sewer replacements for Skinner and Wilson Streets;
providing for the expenditure of funds therefore; and providing an effective date (Bid 3779-
Skinner Street and Wilson Street 8" Sanitary Sewer Replacements awarded to Dickerson
Construction Company, Inc. in the amount of $179,277.50).
BID INFORMATION
The Skinner and Wilson St. 8" Sanitary Sewer Replacement project was funded in 2007 as part
of the Community Development Block Grant (CDBG) Program for the purpose of constructing
sanitary sewer improvements in Skinner Street from Robertson Street to Prairie Street and in
Wilson Street from Bushy Street to Newton Street.
The project consists of two parts, Subtotal Bid A and Subtotal Bid B. Subtotal Bid A includes
the replacement of 492 feet of 8-inch sanitary sewer line on Skinner Street and Subtotal Bid B
includes the replacement of 1,268 feet of 8-inch sanitary sewer line on Wilson Street. The Total
Base Bid is the sum of these two subtotal bids. In both cases the existing sanitary sewer lines
will be abandoned in place and the existing service lines will be reconnected to the new sewer
mes.
Bids for the construction phase of this project were received on May 31, 2007. There were a
total of four bidders with bids ranging from $179,277.50 to $346,477.00 for the Total Base Bid.
The Skinner and Wilson St. 8" Sanitary Sewer Replacement bid summary is included herein as
Attachment 1.
RECOMMENDATION
Award to Dickerson Construction Company, Inc. in the amount of $179,277.50.
PRINCIPAL PLACE OF BUSINESS
Dickerson Construction Company, Inc
Celina, TX.
Agenda Information Sheet
June 19, 2007
Page 2
STAFF COST ESTIMATE
The engineer's opinion of probable construction cost for this project was approximately
$185,000.00 for the Total Base Bid.
ESTIMATED SCHEDULE OF PROJECT
This project is scheduled to begin in July 2007 and end in September 2007.
FISCAL INFORMATION
Funding for this project is budgeted in the following City of Denton accounts:
Skinner Street CDBG Sewer Line: 640108541.1360.40100-$65,000.
Wilson Street CDBG Sewer Line: 640110541.1360.40100- $130,000.
Respectfully submitted:
cam.
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Tabulation sheet
1-AIS-Bid 3779
Bid #3779
Date: May 31, 2007
Attachment 1
SKINNER AND WILSON ST. 8" SANITARY SEWER REPLACEMENT
Description Vendor Vendor Vendor Vendor
Big River
Services, Inc. Red Line
Services Saber
Development Dickerson
Construction
Place of Business: Saginaw, TX Irving, TX Dallas, TX Celina, TX
Skinner Street Subtotal Bid A $96,263.00 $63,245.62 $105,344.00 $54,098.00
Wilson Street Subtotal Bid B $223,114.00 $136,229.44 $241,133.00 $125,179.50
Total Base Bid $319,377.00 $199,475.06 $346,477.00 $179,277.50
Bid Bond Yes Yes Yes Yes
ORDINANCE N0.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF SANITARY SEWER REPLACEMENTS FOR
SKINNER AND WILSON STREETS; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3779-SKINNER STREET AND
WILSON STREET 8" SANITARY SEWER REPLACEMENTS AWARDED TO DICKERSON
CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF $179,277.50).
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
3779 Dickerson Construction Company, Inc. 179,277.50
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
,2007.
PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER VVALTERS, CITY SECRETARY
BY:
3-ORD-Bid 3779
AGENDA INFORMATION SHEET
AGENDA DATE: June 19, 2007
DEPARTMENT: Tax
ACM: Jon Fortune
SUBJECT
Consider approval of a tax refund for the following property tax:
Name Reason Tax Amount
Year
1. Campus Pk Denton Ltd DCAD Supplemental Change 2006 $ 8,121.22
BACKGROUND
Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of
the taxing unit for refunds in excess of $500.00.
FISCAL INFORMATION
The tax overpayment revenue fund would be reduced by $ 8,121.22.
Respectfully submitted:
Jon Fortune
Assistant City Manager
CITY OF DENTON CITY COUNCIL MINUTES
May 1, 2007
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, May 1, 2007 at 5:30 p.m. in the Council Work Session Room at City Hall.
PRESENT: Mayor McNeill; Deputy Mayor Pro Tem Mulroy; Council Members Heggins,
McElroy, Montgomery, and Thomson.
ABSENT: Mayor Pro Tem Kamp
1. Staff responded to requests for clarification of agenda items listed on the agenda for May
1, 2007.
Council Member Thomson indicated he would pull Item E for separate consideration.
Mayor Pro Tem Kamp arrived at the meeting.
Following the completion of the Work Session, the City Council convened in a Closed Meeting
at 5:35 p.m. to consider the specific items listed below.
1. Closed Meeting:
A. Deliberations regarding consultation with the City Attorney -Under TEXAS
GOVERNMENT CODE Section 551.071 and Section 551.087 -Deliberations
regarding Economic Development Negotiations.
1. Received a report and held a discussion regarding legal issues on matters
in which the duty of the attorney to the governmental body under the
Texas Disciplinary Rules of Professional Conduct of the State Bar of
Texas clearly conflicts with the provisions of the Texas Open Meetings
Act, Chapter 551 of the Texas Government Code. Also held a discussion
regarding granting economic development incentives to Allegiance
Development with respect to development at Rayzor Ranch. This
discussion shall include commercial or financial information the city
Council has received from Allegiance Development, which the city
Council seeks to have locate, stay, or expand in or near the territory of the
city, and with which the City Council is conducting economic
development negotiations; including the offer of financial or other
incentives.
Regular Meeting of the City of Denton City Council on Tuesday, May 1, 2007 at 6:30 p.m. in the
Council Chambers at City Hall.
1. PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and
Texas flags.
2. PROCLAMATIONS/PRESENTATIONS
A. Proclamations/Awards
City of Denton City Council Minutes
May 1, 2007
Page 2
Mayor McNeill presented proclamations for National Preservation Week and Drinking Water
Week in Denton.
3. CONSENT AGENDA
Mayor McNeill indicated that a speaker card had been submitted for Item 3A on the Consent
Agenda.
Council Member Thomson requested that Item 3E be considered separately.
Bob Clifton, 730 Wainwright, Denton, stated that the ordinance being proposed for Item 3A was
advocating a reward for bad behavior. He was not in favor of the ordinance.
Mulroy motioned, Kamp seconded to approve the Consent Agenda and accompanying
ordinances and resolutions with the exception of Item E. On roll vote, Heggins "aye", Kamp
"aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill
"aye". Motion carried unanimously.
Item E was considered.
Council Member Thomson felt that extending the hours of the event to 1 a.m. seemed to be
unreasonable. There were many homes in the area and that hour was too late. He would be
voting against the proposal.
Council discussed a substitute time for ending the event, the type of event that would be held that
day, the comparable time frames as the North Texas State Fair event and how the holders of the
event would be sensitive to the neighborhood.
Montgomery motioned, Kamp seconded to approve 3E as presented. On roll vote, Heggins
"aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "nay" and
Mayor McNeill "aye". Motion carried with a 6-1 vote.
A. 2007-088 - An ordinance amending Sections 2-243 through 2-250 of Article VIII of
Chapter 2 of the Code of Ordinances of the City of Denton, Texas, providing for legal
defense and indemnification of city officers and employees; providing for a
severability clause, providing for a savings clause; and providing for an effective
date.
B. 2007-089 - An ordinance accepting competitive bids and awarding a public works
contract for the relocation of the Morse Street 18 Inch Sanitary Sewer for the City of
Denton; providing for the expenditure of funds therefore; and providing an effective
date (Bid 3750-Morse Street 18" Sanitary Sewer Relocation awarded to JT Dersner,
Inc. in an amount not to exceed $218,612.75). The Public Utilities Board
recommended approval (7-0).
C. 2007-090 - An ordinance determining a sole source and approving the expenditure of
funds for the purchase of hardware to upgrade the Remote Terminal Units (RTUs) at
five Denton Municipal Electric Substations available from only one source in
City of Denton City Council Minutes
May 1, 2007
Page 3
accordance with the provision for State Law exempting such purchases from
requirements of competitive bids; and providing an effective date (File 3758-
Purchase of Remote Terminal Units for Denton Municipal Electric Substations
awarded to Advanced Control Systems, Inc. in the amount of $103,198). The Public
Utilities Board recommended approval (7-0).
D. 2007-091- An ordinance of the City of Denton authorizing an agreement between the
City of Denton, Texas and the Retired and Senior Volunteer Program to assist with
funding the printing and mailing costs of the agency brochure; providing that this
program serves a municipal and public purpose; providing for the expenditure of
funds and an effective date. ($500.00)
E. Approved a request for an exception to the Noise Ordinance for the purpose of a
music festival, the 1St Annual Summer Showdown, sponsored by the North Texas
State Fair Association, located at 2217 N. Carroll Blvd. The event is to be held on
Saturday, June 9, 2007, beginning at 11:00 a.m. and concluding at 1:00 a.m. The
exception is specifically requested for extension of the hours of operation.
F. R2007-012 - A resolution of the City Council of the city of Denton, Texas,
supporting Super Bowl XLV and its related Super Bowl activities in the North Texas
Region; and providing for an effective date.
4. PUBLIC HEARINGS
A. The Council held a public hearing and considered adoption of an ordinance regarding
the rezoning of approximately 23.84 acres from Rural Residential (RD-5) to a Regional Center
Residential 1 (RCR-1) zoning district. The subject property was generally located at the
northwest corner of I-35W and Robson Ranch Road. (Z06-0025, Robson Ranch Retail Zoning)
The Planning & Zoning Commission recommended approval (7-0).
Brian Lockley, Interim Director of Planning and Development, stated that this was a request to
rezone from RD-5 to RCR-l. He reviewed the adjacent property zoning. This property was
annexed on April 3, 2007 with an initial zoning of RD-5 placed on the property. The difference
in the two zoning categories was that retail sales and services were not permitted in RD-5 but
were permitted in RCR-1 with limitation in gross square footage area. No letters of opposition
had been received regarding the proposal. The Planning and Zoning Commission had
recommended approval 7-0.
The Mayor opened the public hearing.
Joshua Griffith stated that he would answer any questions from Council.
The Mayor closed the public hearing.
The following ordinance was considered:
City of Denton City Council Minutes
May 1, 2007
Page 4
N0.2007-092
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ZONING UNDER THE
REGIONAL CENTER RESIDENTIAL 1 (RCR-1) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION, APPROXIMATELY 23.84 ACRES,
GENERALLY LOCATED ON THE NORTHWEST CORNER OF I-35W AND
ROBSON RANCH ROAD, AND LEGALLY DESCRIBED AS A TRACT OF LAND
SITUATED WITHIN THE E.PIZANO SURVEY, ABSTRACT N0. 994, DENTON
COUNTY, TEXAS AND BEING A PART OF A TRACT OF LAND DESCRIBED IN
A DEED FROM BILLIE J. ESTES BRAHMALL TO GELIA ESTES COLEMAN AS
RECORDED IN VOLUME 4498, PAGE 205 OF THE REAL PROPERTY RECORDS
DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR
SEVERABILITY AND AN EFFECTIVE DATE. (Z06-0025)
McElroy motioned, Mulroy seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp
"aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill
"aye". Motion carried unanimously.
B. The Council held a public hearing and considered adoption of an ordinance regarding
the rezoning of approximately 0.66 acres of land from a Neighborhood Residential 2 (NR-2)
zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district. The property
was located on the southwest corner of Teasley Lane and Old Alton Road (New) intersection.
(Z07-0006, Denton Creek Business Park 1) The Planning & Zoning Commission recommended
approval (7-0).
Mayor McNeill indicated that Item B and C would be presented together.
Brian Lockley, Interim Director of Planning and Development, stated that this was proposed
rezoning of two parcels- one located on the southwest corner of Teasley Road and Old Alton
Road and the other on the southeast corner of Teasley Lane and Old Alton Road. The purpose
was to allow for commercial development on the property. The NR-2 residential designation
allowed for a few commercial uses while the NRMU designation allowed for retails uses with
limitations. Landscaping and tree canopy requirements would have to be met on the portions of
property located within the city limits. The Planning and Zoning Commission recommended
approval 6-0.
The Mayor opened the public hearing.
Don Frazier, representing the applicant, indicated that he was available to answer questions.
The Mayor closed the public hearing.
Item B was considered.
The following ordinance was considered:
City of Denton City Council Minutes
May 1, 2007
Page 5
N0.2007-093
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING
DISTRICT TO A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING
DISTRICT, THE AREA PROPOSED FOR ZONING CHANGE ENCOMPASSING
APPROXIMATELY 0.66 ACRES OF LAND LOCATED ON THE SOUTHWEST
CORNER OF TEASLEY LANE AND OLD ALTON ROAD (NEW) INTERSECTION,
DESCRIBED AS TRACT OF LAND SITUATED IN THE A. E. CANNON SURVEY,
ABSTRACT NUMBER 232, CITY OF DENTON, DENTON COUNTY, TEXAS, AND
BEING A REMAINDER OF THE CALLED 14.34 ACRE TRACT DESCRIBED IN
THE DEED FROM JOHN CORDON BENNETT ET. AL. TO MAR PROPERTIES,
LTD RECORDED IN VOLUME 5314 PAGE 5395 OF THE REAL PROPERTY
RECORDS OF DENTON COUNTY, TEXAS; AND PROVIDING FOR A PENALTY
IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF,
SEVERABILITY AND AN EFFECTIVE DATE. (Z07-0006)
Thomson motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp
"aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill
"aye". Motion carried unanimously.
Item C was considered.
The following ordinance was considered:
N0.2007-094
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING
DISTRICT TO A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING
DISTRICT, THE AREA PROPOSED FOR ZONING CHANGE ENCOMPASSING
APPROXIMATELY 0.55 ACRES OF LAND LOCATED ON THE SOUTHEAST
CORNER OF TEASLEY LANE AND OLD ALTON ROAD (NEW) INTERSECTION,
DESCRIBED AS TRACT OF LAND SITUATED IN THE A. E. CANNON SURVEY,
ABSTRACT NUMBER 232, CITY OF DENTON, DENTON COUNTY, TEXAS, AND
BEING A PART OF LOT 1, IN BLOCK A, OF LOTS 1 THROUGH 6, BLOCK A,
DENTON CREEK ESTATES AS RECORDED BY A PLAT THEREOF IN CABINET
X, PAGE 484, PLAT RECORDS OF DENTON COUNTY, TEXAS; AND PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (Z07-0007)
Kamp motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp
"aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill
"aye". Motion carried unanimously.
C. The Council held a public hearing and considered adoption of an ordinance regarding
the rezoning of approximately 0.55 acres of land from a Neighborhood Residential 2 (NR-2)
zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district. The property
City of Denton City Council Minutes
May 1, 2007
Page 6
was located on the southeast corner of Teasley Lane and Old Alton Road (New) intersection.
(Z07-0007, Denton Creek Business Park 2) The Planning and Zoning Commission
recommended approval (7-0).
This item was considered with Item B.
D. The Council held a public hearing and considered adoption of an ordinance amending
Subchapters 7, 13 and 23 of the Denton Development Code relating to Infill regulations.
(DCA05-0005, Infill Regulations) The Planning and Zoning Commission recommended
approval (6-0).
Brian Lockley, Interim Director of Planning and Development, presented the objectives for the
Infill regulations. Those included (1) allowed flexibility in location, type and density, within the
densities supported by the Denton Plan and the Denton Development Code; (2) provided
flexibility in lot size, configuration and vehicle access to facilitate Infill development; (3)
provided development standards that promoted compatibility between new and existing
development and promoted certainty in the marketplace; (4) encouraged development of needed
housing inclose proximity to employment and services; (5) promoted neighborhood preservation
and enhancement through Infill development of vacant properties; (6) encouraged mixed use
development opportunities in order to provide housing and neighborhood services close to jobs;
(7) encouraged development that met the city's economic development goals; and (8)
encouraged neW development as Well as preservation of a diversity of housing types and price
ranges in existing neighborhoods. Lockley reviewed the proposed Infill map. The language of
the proposed ordinance deleted references to redevelopment, impact fees and minimum lot size.
The ordinance was designed to encourage development on vacant parcels in the city. Additions
to the language of the ordinance Were discussed and he indicated that the provisions for
sidewalks requirements, set back requirements, perimeter paving, and definition of Infill
development had been discussed in a prior work session. Other concerns included the approval
process for administrative adjustments and appeals and construction of public improvements.
The Planning and Zoning Commission approved the proposal Without the yellow highlighted
areas in the agenda backup. Council could adopt the ordinance with or without the areas shown
In ye OW.
Mayor McNeill asked if staff was recommending the yellow areas. Lockley replied yes.
Deputy Mayor Pro Tem Mulroy stated that the highlighted areas went along with the matrix
presented at the earlier work session.
Council Member Thomson questioned the administrative adjustment and appeal process. He
asked if the required neighborhood meeting was to take place before or after the adjustment.
Lockley stated that the adjustment would be done after the neighborhood meeting so that the
neighbors would know what adjustments would be allowed up to 25% of the requirements.
Council Member Thomson stated that if the adjustment was more than 25% it would have to
receive approval from both the Planning and Zoning Commission and the City Council. He
would prefer that it went to a public hearing at Council rather than to the Planning and Zoning
Commission.
City of Denton City Council Minutes
May 1, 2007
Page 7
The Mayor opened the public hearing.
Mayor McNeill indicated that a Comment Card had been received from Elise Ridenour, 2044 W.
Oak Street, Denton, 76201, who opposed the proposal indicating that a 200' notice for an
administrative adjustment would more fairly serve existing property owners.
Steven Friedson, 2044 W. Oak Street, Denton, 76201, spoke during the public hearing. He felt
that the neighborhood meeting requirements needed to be firmer with additional language. There
should be provisions for a required notice to residents 200' from a proposed infill and a 500'
courtesy notice.
Mayor McNeill asked if the 25% administrative adjustment was for an already approved plan.
Lockley replied no that it was before plan approval.
Deputy Mayor Pro Tem Mulroy suggested adding language for notice requirements and for
neighborhood meetings. The Planning Department should participate in the meeting and take
minutes of the meeting.
City Attorney Snyder suggested amending the wording to include record property owners within
500 feet of the proposed infill property would be notified of a neighborhood meeting. That
meeting would be attended by one or more City Planners, prior to the approval by the
Development Review Committee chair. If protests received at the neighborhood meeting
included those of the record owners of 20% or more of the property lying within 200 feet of the
proposed infill property, the hearing before the Planning and Zoning Commission would
incorporate a public hearing. Adjustments in excess of 25% would require approval of both the
Planning and Zoning Commission and the City Council.
The Mayor closed the public hearing.
The following ordinance was considered:
N0.2007-095
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS
OF SUBCHAPTER 35.7, 35.13 AND 35.23 OF THE DENTON DEVELOPMENT
CODE, PERTAINING TO AN INFILL SPECIAL USE DISTRICT; PROVIDING FOR
A PENALTY CLAUSE wITH THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (DCA
05-0005)
Mulroy motioned, Thomson seconded to adopt the ordinance as recommended by staff with the
highlighted areas of the proposal included. Additional language for public hearings, city
participation in neighborhood meetings and notification requirements would be added as
recommended by the City Attorney. On ro11 vote, Heggins "aye", Kamp "aye", McElroy "aye",
Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried
unanimous y.
City of Denton City Council Minutes
May 1, 2007
Page 8
E. The Council held a public hearing and considered adoption of an ordinance amending
the Denton Development Code concerning the standards and processes for allowing gated
residential communities. (DCA06-0015, Gated Communities) The Planning and Zoning
Commission recommended approval (6-0).
Brian Lockley, Interim Director of Planning and Development stated that several developers
were interested in properties with gated communities. Staff had been working on an ordinance
since September to address concerns gated communities might present from a city perspective
and a neighborhood perspective. He reviewed the requirements for a gated community as
presented in a prior work session.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
The following ordinance was considered:
N0.2007-096
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS
OF SUBCHAPTER 33.16 OF THE DENTON DEVELOPMENT CODE, PERTAINING
TO STANDARDS AND PROCESSES FOR ALLOWING GATED RESIDENTIAL
COMMUNITIES AND PRIVATE STREETS; PROVIDING FOR A PENALTY
CLAUSE WITH THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE (DCA06-0015).
Mulroy motioned, Kamp seconded to adopt the ordinance as presented including the removal of
Sections 3 and 4 on the last page of the ordinance as submit in the agenda backup materials. On
ro11 vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye",
Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered adoption of an ordinance of the City of Denton, Texas
providing for, authorizing, and approving the expenditure of funds for the furnishing and
installation of LED Traffic Signal Lights from Durable Specialties, Inc. and providing an
effective date (Requisition No. 80409) to Durable Specialties, Inc. in the amount of $62,143.00.
Jim Coulter, Director of WaterlVVastewater, stated that the lights were more efficient and lasted
longer than previous types. The State was requiring the City to make these changes with the City
being reimbursed for this project.
The following ordinance was considered:
City of Denton City Council Minutes
May 1, 2007
Page 9
N0.2007-097
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR,
AUTHORIZING, AND APPROVING THE EXPENDITURE OF FUNDS FOR THE
FURNISHING AND INSTALLATION OF LED TRAFFIC SIGNAL LIGHTS FROM
DURABLE SPECIALTIES, INC. AND PROVIDING AN EFFECTIVE DATE.
Kamp motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp
"aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill
"aye". Motion carried unanimously.
B. The Council considered nominations/appointments to Boards, Commissions and
Committees.
1. Public Art Committee -Mayor Pro Tem Kamp
Mayor Pro Tem Kamp nominated Robyn Lee. On roll vote, Heggins "aye", Kamp "aye",
McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNei11 "aye".
Motion carried unanimously.
C. Citizen Reports
1. Council reviewed the procedures for addressing the City Council.
2. The Council received citizen reports from the following:
A. Jordan Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth did not have comments.
B. Lanisha Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth did not have any comments.
C. Hagar Hudspeth regarding concerns of Southeast Denton.
Ms. Hudspeth did not have any comments.
D. Willie Hudspeth regarding concerns of Southeast Denton.
Mr. Hudspeth felt that the Council was in violation of the Open Meeting provisions in regards to
proclamations and awards. He felt they should be individually noticed on the agenda. He also
commented again on the lack of African American firefighters in the City of Denton. It did not
appear that the City was willing to change testing procedures that were stacked against African
Americans. Council refused to correct this injustice.
E. Robert Donnelly regarding City services.
Mr. Donnelly spoke about garbage pick-up fees. He was informed that Denton residents must
pay to have garbage picked up. He did not like being charged for a service he did not want. He
suggested Council consider a provision for an opt-out clause for services not wanted. He asked
City of Denton City Council Minutes
May 1, 2007
Page 10
for an option to opt out of the required service as the garbage trucks could not get down his road
and he had to take his cart all the way out to Mayhill Road.
D. New Business and Announcements
The following items of New Business were suggested by Council for future agendas:
Council Member Heggins requested a report on the placement of citizen reports at the beginning
of the meeting instead of at the end.
Council complimented staff, especially the Parks staff, on getting the park ready for Arts and
Jazz Fest in view of all the recent rain.
E. City Manager's Report
City Manager Campbell did not have any items for Council.
F. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no continuation of Closed Meeting.
G. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no official action on Closed Meeting Items.
With no further business, the meeting was adjourned at 8:35 p.m.
PERRY R. MCNEILL
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
May 15, 2007
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, May 15, 2007 at 5:00 p.m. in the Council Work Session Room at City Hall.
PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council
Members Heggins, Montgomery, and Thomson.
ABSENT: Council Member McElroy
1. Staff responded to requests for clarification of agenda items listed on the agenda for May
15, 2007.
Following the completion of the Work Session, the City Council convened in a Closed Meeting
at 5:02 p.m. to consider the specific items listed below under the Closed Meeting section of this
agenda.
1. Closed Meeting:
A. Consultation with Attorney -Under TEXAS GOVERNMENT CODE Section
551.071.
1. Consulted with attorneys regarding safety procedures and avoidance of
liability claims.
B. Consultation with Attorney -Under TEXAS GOVERNMENT CODE Section
551.071 and Deliberations regarding Real Property - Under TEXAS
GOVERNMENT CODE Section 551.072.
1. Legal advice from the City Attorney relating to the Animal Shelter
Agreement, facilities, and location and deliberations regarding the
purchase or value of real property for a proposed animal shelter.
C. Consultation with Attorney -Under TEXAS GOVERNMENT CODE Section
551.071 and Deliberations regarding Real Property - Under TEXAS
GOVERNMENT CODE Section 551.072.
1. Legal advice from the City Attorney relating to the lease of City right-of
way for property at 207 North Elm and deliberations regarding the lease of
City property.
D. Deliberations regarding consultation with the City Attorney -Under TEXAS
GOVERNMENT CODE Section 551.071 and Section 551.087 -Deliberations
regarding Economic Development Negotiations.
1. Received a report and held a discussion regarding legal issues on matters
in which the duty of the attorney to the governmental body under the
Texas Disciplinary Rules of Professional Conduct of the State Bar of
Texas clearly conflicts with the provisions of the Texas Open Meetings
Act, Chapter 551 of the Texas Government Code. Also hold a discussion
regarding granting economic development incentives to Allegiance
City of Denton City Council Minutes
May 15, 2007
Page 2
Development with respect to development at Rayzor Ranch. This
discussion shall include commercial or financial information the city
Council has received from Allegiance Development, which the city
Council seeks to have locate, stay, or expand in or near the territory of the
city, and with which the City Council is conducting economic
development negotiations; including the offer of financial or other
incentives.
E. Deliberation regarding personnel matters -Under TEXAS GOVERNMENT
CODE section 551.074.
1. Deliberated the evaluation of candidates for the Internal Auditor position
including the selection, employment, and evaluation of a future Internal
Auditor.
Regular Meeting of the City of Denton City Council on Tuesday, May 15, 2007 at 6:30 p.m. in
the Council Chambers at City Hall.
1. PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and
Texas flags.
2. PROCLAMATIONS/PRESENTATIONS
A. Proclamations/Awards
B. May Yard-of the-Month Awards
Mayor McNeill presented the Yard of the Month awards for May.
3. CONSENT AGENDA
Thomson motioned, Kamp seconded to approve the Consent Agenda and accompanying
ordinances and resolutions. On roll vote, Heggins "aye", Kamp "aye", Montgomery "aye",
Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously.
A. 2007-098 - An ordinance of the City of Denton, Texas amending the provisions of
Chapter 16 relating to licenses, permits, and business regulations by amending
Section 16-78 to limit the exemption for agricultural vendors and youth
organizations; providing for a severability clause; providing a repealer clause;
providing a savings clause; providing for a penalty not to exceed $500 for
violations of this ordinance; and providing for an effective date.
B. 2007-099 - An ordinance providing for the expenditure of funds for the
emergency purchase of two automatic defibrillators for the Denton Fire
Department in accordance with provisions of State Law exempting such
purchases from requirements of competitive bidding; and providing an effective
City of Denton City Council Minutes
May 15, 2007
Page 3
date (File 3792-Emergency Purchase of Two Automatic Defibrillators for the
City of Denton Fire Department awarded to eMED in the amount of $29,000).
C. 2007-100 - An ordinance determining a sole source and approving the
expenditure of funds for the purchase of radios for the City of Denton Fire
Department available from only one source in accordance with the provision for
State Law exempting such purchases from requirements of competitive bids; and
providing an effective date (File 3553-Purchase of Radios for Fire Department
awarded to Motorola in the amount of $101,133).
D. 2007-1 O l - An ordinance determining a sole source and approving the
expenditure of funds for the purchase of seventy traffic signal controllers for the
City of Denton Traffic Department available from only one source in accordance
with the provision for State Law exempting such purchases from requirements of
competitive bids; and providing an effective date (File 3780-Purchase of Traffic
Signal Controllers awarded to Paradigm Traffic Systems in the amount of
$142,800).
E. R2007-013 - A resolution by the City of Denton, Texas, authorizing the City
Manager to sign and submit to the Department of Housing and Urban
Development a 2007 Action Plan for Housing and Community Development with
appropriate certifications, as authorized and required by the Housing and
Community Development Act of 1974, as amended and the National Affordable
Housing Act of 1990, as amended; and providing for an effective date.
F. Approved a request for an exception to the Noise Ordinance for the purpose of
playing music and operating a public address system during the Juneteenth
Celebration. The celebration is sponsored by the Juneteenth Committee. The
event will be located in the Fred Moore Park on Friday, June 15, 2007, beginning
at 6:00 p.m. and concluding at 11:00 p.m., and on Saturday, June 16th beginning
at 11:00 a.m. and concluding at 12:00 p.m. The request is for an exception to the
hours of operation and an increase in sound decibels to 75 dbls.
G. 2007-102 - An ordinance of the City of Denton, Texas amending the provisions of
Chapter 4 relating to Alarm Systems by amending Section 4-29 to remove the
exception waiving the permit fee for residential alarm permits for residents over
the age of 65; by amending Section 4-62 to reduce the number of false burglar
alarms allowed before a penalty may be assessed from five to three prior false
burglar alarms; providing for a severability clause; providing a repealer clause;
providing a savings clause; providing for a penalty not to exceed $500 for
violations of this Ordinance; and providing for an effective date.
H. 2007-102 - An ordinance of the City of Denton, Texas, establishing fees to be
charged for annual Alarm Permits as provided for in Sec. 4-26 and 4-29 of Article
II of Chapter 4 "Alarm Systems" of the Code of Ordinances of the City of Denton,
Texas; providing for a severability clause; providing a repealer clause; providing
a savings clause; and providing for an effective date.
I. Approved tax refunds for the following property taxes:
City of Denton City Council Minutes
May 15, 2007
Page 4
Name Reason Tax Amount
Year
1. Lennal° Homes of Texas Overpayment 2005 $ 4,389.44
2. GE Capital Information Tech DCAD Supplemental Change 2006 $ 2,362.63
J. Approved the Parks, Recreation and Beautification Board recommendation to
select George Caddell as the artist for the most recent public art sculpture for the
City of Denton. Project budget not to exceed $25,000. The Parks, Recreation and
Beautification Board recommended approval (5-0).
K. Approved a request for an exception to the Noise Ordinance for the purpose of a
music festival, Fry Street Concert Series, conducted by D.H.S. Entertainment in
the area of Fry Street, behind Lucky Lou's and Riprocks. The event is to be on
Saturday, May 19, 2007, from 2:00 p.m. to 8:30 p.m. The exception is
specifically requested for an increase in the maximum allowable decibels for an
outdoor music festival from 70 decibels to 75 decibels.
L. 2007-104 - An ordinance authorizing the acquisition in Fee Simple, through
agreement or eminent domain for municipal purposes, including public utility and
drainage purposes, in an approximate 0.257 acre tract of land located in the
Gideon Walker Survey, Abstract Number 1330, Denton County Texas and being
a parcel of land conveyed to Randy C. Snider, by Deed Recorded Under County
Clerk's File Number 96-R0016095, Real Property Records, Denton County,
Texas; authorizing the City Attorney or his designee to do all things necessary
and appropriate to acquire the property through agreement or eminent domain.
The Public Utilities Board recommended approval (7-0).
M. Approved the minutes of:
April 10, 2007
April 17, 2007
April 23, 2007
N. 2007-105 - An ordinance of the City of Denton, Texas, approving the 2008
Budget of the Denton Central Appraisal District; and providing an effective date.
4. PUBLIC HEARINGS
A. The Council held a public hearing and considered adoption of an ordinance
regarding the rezoning of approximately 3.3 acres from a Downtown Residential 1 (DR-1)
zoning district to a Downtown Commercial General (DC-G) zoning district. The property was
located on the west side of Carroll Boulevard, south of Eagle Drive and north of Collins Street.
(Z07-0008, Eagle Crossing) The Planning & Zoning Commission recommended approval (7-0).
Brian Lockley, Interim Director of Planning and Development, stated that this was a request to
rezone a 3.3 acre parcel on Carroll Blvd. The subject property was comprised of six lots, under a
single ownership. The applicant intended to develop the site with retail and/or office uses. If
adopted, the property would match and be consistent with property to the east and in the same
family of zoning as the property to the west. The Planning and Zoning Commission
City of Denton City Council Minutes
May 15, 2007
Page 5
recommended approval with the condition that an 8-foot high fence on the western boundary of
the property be constructed.
The Mayor opened public hearing.
The following individuals spoke during the public hearing:
Steve McNeill, 2303 Bradwood Court, Arlington, 76011- in favor.
Jeremy Sain, 309 West Hickory, Denton, 76201- in favor
The Mayor closed the public hearing.
The following ordinance was considered:
N0.2007-106
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM A DOWNTOWN RESIDENTIAL 1 (DR-1) ZONING
DISTRICT TO A DOWNTOWN COMMERCIAL GENERAL (DC-G) ZONING
DISTRICT WITH AN OVERLAY CONDITION, THE AREA PROPOSED FOR
ZONING CHANGE ENCOMPASSING 3.310 ACRES OF LAND LOCATED ON THE
SOUTHWEST CORNER OF CARROLL BOULEVARD AND EAGLE DRIVE
INTERSECTION AND LEGALLY DESCRIBED AS TRACTS 216, 217, 218, 219
AND 220 OF THE A. HILL SURVEY, ABSTRACT NUMBER 623, IN THE CITY OF
DENTON, DENTON COUNTY, TEXAS; AND PROVIDING FOR A PENALTY IN
THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF,
SEVERABILITY AND AN EFFECTIVE DATE. (Z07-0008)
Mulroy motioned, Heggins seconded to adopt the ordinance as presented. On roll vote, Heggins
"aye", Kamp "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill
"aye". Motion carried unanimously.
B. The Council held a public hearing and considered adoption of an ordinance
regarding a Comprehensive Plan Amendment from a "Neighborhood Centers" land use
designation to a "Regional Mixed Use Centers" land use designation on a 7.6-acre tract of land
located on the northeast corner of Crawford Road and I-3 5 W. The property was currently
undeveloped and the owner proposes the eventual development of commercial land uses. (CA07-
0002, Crawford Retail). The Planning & Zoning Commission recommended approval (7-0).
Mayor McNeill stated that the public hearings for Items B and C would be held together.
Brian Lockley, Interim Director for Planning and Development, stated that the applicant was
requesting a comprehensive plan amendment from a neighborhood center land use designation to
a regional mixed use center land use designation. The property was currently undeveloped with
future commercial uses proposed. Plans for the proposed site were still in a conceptual stage.
The Planning and Zoning Commission recommended approval. In an associated case, the
applicant was requesting a zoning change from a Neighborhood Residential Mixed Use Zoning
District to Regional Center Commercial Zoning District.
City of Denton City Council Minutes
May 15, 2007
Page 6
The Mayor opened the public hearing.
The following individuals spoke during the public hearing:
Patti Martin, 9905 Soriano Street, Denton, 76207 -support
J. Rose, 16475 Dallas Parkway, Addison -support
A comment card was submitted from Yusufzai Oscar, 1444 Van Winkle Drive, Carrollton,
76204, in opposition.
The Mayor closed the public hearings.
The following ordinance was considered:
N0.2007-107
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
COMPREHENSIVE PLAN AMENDMENT FROM NEIGHBORHOOD CENTERS
LAND USE TO A REGIONAL MIXED USE CENTERS LAND USE,
ENCOMPASSING APPROXIMATELY 7.5972 ACRES OF LAND LOCATED AT
THE NORTHEAST CORNER OF CRAWFORD ROAD AND INTERSTATE 35 WEST
INTERSECTION, DESCRIBED AS A TRACT OF LAND SITUATED IN THE
ELIZANO PIZANO SURVEY, ABSTRACT N0. 994, CITY OF DENTON, DENTON
COUNTY, TEXAS; SAID TRACT BEING ALL OF THAT A CERTAIN TRACT OF
LAND DESCRIBER IN SPECIAL WARRANTY DEED WITH VENDOR'S LIEN TO
I-35 AND CRAWFORD ROAD PARTNERS, LTD., RECORDED IN VOLUME 4163,
PAGE 268 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS; AND
PROVIDING FO SEVERABILITY AND AN EFFECTIVE DATE. (CA 07-0002)
Kamp motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp
"aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNei11 "aye". Motion
carried unanimously.
C. The Council held a public hearing and considered adoption of an ordinance
regarding the rezoning of an approximately 7.6-acre tract of land from a Neighborhood
Residential Mixed Use (NRMU) zoning district to a Regional Center Commercial-Neighborhood
(RCC-N) zoning district located at the northeast corner of Crawford Road and Interstate 35W.
The property was currently undeveloped and the owner proposed the eventual development of
commercial land uses. (Z07-0002, Crawford Retail). The Planning & Zoning Commission
recommended approval (6-1) with the condition that retail uses be limited to 25,000 square feet.
The public hearing was considered with Item B.
The following ordinance was considered:
City of Denton City Council Minutes
May 15, 2007
Page 7
N0.2007-108
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU)
ZONING DISTRICT CLASSIFICATION TO A REGIONAL CENTER
COMMERCIAL NEIGHBORHOOD (RCC-N) ZONING DISTRICT
CLASSIFICATION WITH OVERLAY CONDITIONS, THE AREA PROPOSED FOR
ZONING CHANGE ENCOMPASSING APPROXIMATELY 7.5972 ACRES OF
LAND LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF
CRAWFORD ROAD AND INTERSTATE 35 WEST, DESCRIBED AS A TRACT OF
LAND SITUATED IN THE ELIZANO PIZANO SURVEY, ABSTRACT N0. 994,
CITY OF DENTON, DENTON COUNTY, TEXAS; SAID TRACT BEING ALL OF
THAT CERTAIN TRACT OF LAND DESCRIBED IN SPECIAL WARRANTY DEED
WITH VENDOR'S LIEN TO I-35 AND CRAWFORD ROAD PARTNERS, LTD.
RECORDED IN VOLUME 4163, PAGE 268 OF THE DEED RECORDS OF DENTON
COUNTY, TEXAS; AND PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN
EFFECTIVE DATE. (Z07-0002)
Mulroy motioned, Montgomery seconded to adopt the ordinance as presented with the overlay
district restricting the size of any retail establishment, not including a hotel, to 2500 square feet.
On ro11 vote, Heggins "aye", Kamp "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and
Mayor McNeill "aye". Motion carried unanimously.
D. The Council held a public hearing and considered adoption of an ordinance
regarding a Comprehensive Plan Amendment from "Neighborhood Centers" to "Regional Mixed
Use Centers" and "Neighborhood Centers" land use designations on approximately 257 acres of
land located on the south side of U. S. Highway 3 80 (West University Drive) between Interstate
Highway 35 and Bonnie Brae Street. The site was currently zoned a combination of
Neighborhood Residential 6 (NR-6) and Neighborhood Residential Mixed Use (NRMU) zoning
districts. The Planning and Zoning Commission recommended approval (7-0).
Brian Lockley, Interim Director of Planning and Development, stated that Items D and E would
be discussed together.
Item D was a Comprehensive Plan Amendment for the southern half of the property and Item E
was an amendment of the overlay district to enhance existing and create new standards that
would ensure a quality development to enhance and protect the property in accordance with
Subchapter 7 of the Denton Development Code. He reviewed the site plan for both the north and
south portions. The north parcel would include residential uses, a park with a water feature, big
box uses with in-line retail and out parcels for single use retail services. The southern parcel
would include out parcels, a regional mall with anchor stores on site, park space, office uses, a
proposed continuing care facility, a hotel and residential uses both multifamily and single family.
The Mayor opened the public hearings.
The following individuals spoke during the public hearings:
City of Denton City Council Minutes
May 15, 2007
Page 8
Betty Wright,1805 Crescent Street, Denton 76201-favor
Dalton Allen, l l l Lexington Lane, Denton, 76205 -favor
Jurhee Curtis, P.O. Box 311068, Denton, 76203 -favor
Randy Holcombe, applicant -favor
Alex Payne, 923 Ridgecrest, Denton, 76201-favor
Pat Cheek, 1220 Tulane, Denton, 76201-favor
Greg Johnson, 3200 Belmont, Denton, 76210 -favor
Billie Ann Kasper, 2816 Southridge Drive, Denton, 76210 -opposed
Aida and Joaquin Zihaurtanejo, 3309 Dunes, Denton 76209 -opposed
Jackie Tomme, 123 Indian Paint Drive, Justin, 76247 -opposed
Larry Feldman, l Ol 0 Northern Blvd., Great Neck, New York,11771- opposed
Sammie Harsen, 804 Hillcrest, Denton, 76201-opposed
Atticus Cox, 3900 Winston Drive, Denton, 76205 -opposed
Ray Twehous, 607 Magnolia, Denton, 76201-favor
Andrea Breedlove, 414 Audra Lane, Denton, 76201-opposed
Joe Camper, developer -favor
A comment card was submitted by John Paul Eddy, 1320 Heather Lane, Denton, 76209.
Randy Holcomb was allowed a five minute rebuttal.
Jan Carrington spoke in favor.
The Mayor closed public hearing
Council Member Thomson felt that there was a need for more shopping on the north side of the
city. He was pleased that there would be a quality type of mall in the area. He felt that
demographic studies indicated the support for two malls.
The following ordinance was considered:
N0.2007-109
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN
AMENDMENT TO THE FUTURE LAND USE PLAN OF THE LAND ELEMENT OF
THE DENTON PLAN FOR THE CITY OF DENTON, TEXAS, THE AREA FOR
AMENDMENT ENCOMPASSING A 256.91 ACRE TRACT OF LAND GENERALLY
LOCATED ON THE EAST SIDE OF IH-35, SOUTH OF WEST UNIVERSITY
DRIVE/U.S. 380 AND WEST OF BONNIE BRAE STREET, AND MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS IN EXHIBIT "A" AND
DEPICTED ON EXHIBIT "B", BOTH OF WHICH ARE ATTACHED HERETO AND
INCORPORATED BY REFERENCE HEREIN; AND PROVIDING FOR
SEVERABILITY AND AN EFFECTIVE DATE. (CA06-0008)
Thomson motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp
"aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNei11 "aye". Motion
carried unanimously.
City of Denton City Council Minutes
May 15, 2007
Page 9
E. The Council held a public hearing and considered the adoption of an ordinance
amending the provisions applicable to a Special Purpose Overlay District Classification,
encompassing approximately 410 acres of land located generally on the north and south sides of
U.S. Highway 380 (West University Drive), between Interstate Highway 35 and Bonnie Brae
Street; providing for a zoning change on approximately 223 acres of land located therein from
Neighborhood Residential 6 (NR-6), Neighborhood Residential Mixed Use 12 (NRMU-12),
Neighborhood Residential Mixed Use (NRMU) and Community Mixed Use General (CM-G)
zoning districts to a base zoning district of Regional Center Commercial Downtown (RCC-D), as
well as the amended Rayzor Ranch Overlay District; amending Chapter 35, Subchapter 7.13 of
the City of Denton Code of Ordinances, "Denton Development Code", Special Purpose and
Overlay Districts" to amend section 35.7.13 "Rayzor Ranch Overlay District": providing a
severability clause; providing a penalty in the maximum amount of $2,000.00 for violations
thereof; and an effective date.(Z06-0029 and Z06-0030). The Planning & Zoning Commission
recommended approval (7-0).
The public hearing for this item was held with Item D.
The following ordinance was considered:
N0.2007-110
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REZONING
APPROXIMATELY 223 ACRES OF LAND LEGALLY DESCRIBED IN EXHIBIT
"B", ATTACHED HERETO, FROM THE EXISTING NRMU-12, NRMU, CM-G AND
NR-6 ZONING CLASSIFICATIONS AND USE DESIGNATIONS TO THE RCC-D
ZONING CLASSIFICATION AND USE DESIGNATION, AS MODIFIED BY THE
TERMS OF THE RAYZOR RANCH OVERLAY DISTRICT CLASSIFICATION
HEREIN AMENDED; AMENDING BY SUPERSEDURE CHAPTER 35,
SUBCHAPTER 7.13 OF THE CITY OF DENTON CODE OF ORDINANCES,
"DENTON DEVELOPMENT CODE: "SPECIAL PURPOSE AND OVERLAY
DISTRICTS"; PROVIDING FOR THE REGULATION OF LAND USES AND
DEVELOPMENT STANDARDS FOR THE RAYZOR RANCH OVERLAY
DISTRICT; APPROVING AND AUTHORIZING EXECUTION, AMENDMENT AND
RECORDATION OF A DEVELOPMENT AGREEMENT ATTACHED AS EXHIBIT
M AND REMOVAL OF THE TEXT OF SECTION 35.7.13.3.A.5 OF THE DENTON
DEVELOPMENT CODE UPON SUCH OCCURRENCE WITHOUT THE NECESSITY
OF FURTHER COUNCIL ACTION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; AND PROVIDING AN EFFECTIVE DATE.
Mayor Pro Tem Kamp felt both malls could coexist. It was not an either/or situation.
Deputy Mayor Pro Tem Mulroy stated he was in favor of the amendment. The developer could
not wait until the residential section was completed as he would not be able to afford the retail.
Mayor McNeill stated he was pleased with both projects. He was excited about the mall
renovation and the new mall in the north. He felt growth was coming to this area and that
Denton would be able to support both retail areas.
City of Denton City Council Minutes
May 15, 2007
Page 10
Council Member Montgomery felt that these changes would keep shoppers from going outside
the Denton area to shop.
Mulroy motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp
"aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNei11 "aye". Motion
carried unanimously.
Item SC was considered
C. The Council considered adoption of an ordinance establishing an Economic
Development Program under Chapter 380 of the Local Government Code for making grants of
public money to promote economic development and to stimulate business activity in the City of
Denton; approving an economic development Program Grant Agreement with Allegiance
Development regarding the development of an approximate 410 acre parcel of land generally
located on both sides of US Highway 3 80 (West University Drive) between I-3 5 and Bonnie
Brae; authorizing the expenditure of funds therefor; and providing an effective date.
Linda Ratliff, Director of Economic Development, presented an overview of project. She stated
that Allegiance Development had requested an economic development incentive to assist in the
cost of constructing public infrastructure related to the development of Rayzor Ranch
Marketplace and Town Center.
Deputy Mayor Pro Tem Mulroy wanted the public to be aware that a maj ority of the money
would be used for streets which was advantageous for the public.
Ratliff replied that was correct plus for drainage, utilities and the widening of Bonnie Brae.
Deputy Mayor Pro Tem Mulroy indicated a portion would be used for park improvements at
North Lakes Park.
Ratliff stated yes that in addition to other improvements, there would be improvements to the
dam, pavilion, docks for the parks and the development of trails.
The following individuals submitted Speaker Cards:
Alex Payne, 923 Ridgecrest Circle, Denton, 76205 -favor
Steve Stone, 6327 Freeman Road, Krum, 76249 -favor
Comment Cards were submitted by:
John Ryan, 2128 Emerson, Denton, 76209 -support
Jimmie Brown, 23 04 Vanderbilt Court, Denton, 76201- support
Ruth Bowen,1406 Startford, Denton, 76209 -favor
Larry Feldman, 1010 Northern Blvd., Great Neck, New York, 11771 -opposed and
requested postponement to work out agreement for stores at mall.
Mike Lynn, 750 N. St. Paul, Dallas, 75201-opposed
Shane Pollock, 8005 Hidden Path Lane, Denton, 76210 -opposed
City of Denton City Council Minutes
May 15, 2007
Page 11
Edwina Lowry, 9708 Amber Court, Denton, 76207 -opposed
Mayor McNeill stated that this proposal dealt with sales tax incentives and not property taxes. It
was not the place for Council to tell business what it could or couldn't do.
The following ordinance was considered:
N0.2007-113
AN ORDINANCE ESTABLISHING AN ECONOMIC DEVELOPMENT PROGRAM
UNDER CHAPTER 380 OF THE LOCAL GOVERNMENT CODE FOR MAKING
GRANTS OF PUBLIC MONEY TO PROMOTE ECONOMIC DEVELOPMENT AND
TO STIMULATE BUSINESS ACTIVITY IN THE CITY OF DENTON; APPROVING
AN ECONOMIC DEVELOPMENT PROGRAM GRANT AGREEMENT WITH
ALLEGIANCE DEVELOPMENT REGARDING THE DEVELOPMENT OF AN
APPROXIMATE 410 ACRE PARCEL OF LAND GENERALLY LOCATED ON
BOTH SIDES OF US HIGHWAY 380 (WEST UNIVERSITY DRIVE) BETWEEN I-35
AND BONNIE BRAE; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
Thomson motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp
"aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNei11 "aye". Motion
carried unanimously.
Council returned to the regular agenda order.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. The Council considered adoption of an ordinance of the City of Denton, Texas,
granting, pursuant to Section 20-1(e)(1)b of the Code of Ordinances of the City of Denton,
Texas, an exception to the limitations imposed by that section with respect to sound levels and
hours of operations for an outdoor music festival; and providing an effective date. The North
Texas State Fair Association was requesting athree-year exception (years 2007-2009) for the
North Texas State Fair and Rodeo, which begins on the third Friday of August and ends on the
fourth Sunday of August. The exception requested was from 12:00 midnight, Monday through
Thursday, 1:00 a.m. Friday and Saturday, and 11:00 p.m. on Sunday.
The following ordinance was considered:
N0.2007-111
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING, PURSUANT
TO SECTION 20-1(E)(1)B OF THE CODE OF ORDINANCES OF THE CITY OF
DENTON, TEXAS, AN EXCEPTION TO THE LIMITATIONS IMPOSED BY THAT
SECTION WITH RESPECT TO SOUND LEVELS AND HOURS OF OPERATIONS
FOR AN OUTDOOR MUSIC FESTIVAL; AND PROVIDING AN EFFECTIVE
DATE.
City of Denton City Council Minutes
May 15, 2007
Page 12
Kamp motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp
"aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNei11 "aye". Motion
carried unanimously.
B. The Council considered adoption of an ordinance of the City of Denton, Texas,
renaming the Phoenix Park, and declaring an effective date. (The Parks, Recreation and
Beautification Board recommended approval (6-0).
Emerson Vorel, Interim Director of Parks and Recreation, stated that at the February Parks and
Recreation meeting, Council Member Heggins requested a name change of the Phoenix Park to
the Carl G. Young, Sr. Park. This proposal had been well publicized with signs posted in the
park, ads in the Denton Record-Chronicle, messages on the electronic board, and links on the
park website. Fourteen positive responses had been received and four opposed. Of those four in
opposition, three had suggested alternative names and one suggested changing the renaming
policy. Staff was currently working on a new policy for naming procedures.
The following ordinance was considered:
N0.2007-112
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, RENAMING THE
PHOENIX PARK, AND DECLARING AN EFFECTIVE DATE.
Heggins motioned, Mulroy seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp
"aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNei11 "aye". Motion
carried unanimously.
C. Citizen Reports
1. Council reviewed procedures for addressing the City Council.
2. Council received citizen reports from the following:
A. David Johnson regarding the recent flood.
Mr. Johnson was not present at the meeting.
B. Nell Yeldell regarding Code Enforcement and replatting of
property.
Ms. Yeldell spoke about platting and the definition of platting. She felt it was not possible to
change the plat map without the property owner's permission. She felt Code Enforcement did
not have the right to send out letters to older people regarding their property. People renting
homes should take care of their own property and it was not her responsibility as the property
owner to do so.
City of Denton City Council Minutes
May 15, 2007
Page 13
C. Robert Donnelly regarding city services.
Mr. Donnelly spoke again on solid waste and trash pickup at his property. He had information
that when the southern portion of the Denton North annexation was done, there were 60
residences annexed, 43 names of people in that annexation, and when compared with solid waste
records, only 6 individuals were paying for solid waste. If he couldn't opt out of solid waste
service, he needed something from the City to hold him harmless when he placed his waste
containers out on Mayhill Road.
D. New Business and Announcements
The following items of New Business were suggested by Council for future agendas:
Mayor McNeill requested information regarding the annexation policy and the procedure to
allow current solid waste contractors to the service area.
Mayor McNeill requested a memo verifying the hours of collection for solid waste.
Mayor McNeill requested a work session on the results of the Leadership Denton report.
E. City Manager's Report
City Manager Campbell did not have any items for Council.
F. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no continuation of the Closed Meeting.
G. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no official action on Closed Meeting items.
With no further business, the meeting was adjourned at 9:36 p.m.
PERRY R. MCNEILL
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
City of Denton City Council Minutes
May 15, 2007
Page 14
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
May 22, 2007
The City of Denton City Council convened in the Work Session Room on Tuesday, May 22,
2007 at 5:30 p.m. to attend a reception honoring City Council.
After determining that a quorum was present, the City of Denton City Council convened in a
Special Called Meeting on Tuesday, May 22, 2007 at 6:30 p.m. in the Council Chambers at City
Hall.
PRESENT: Mayor McNeill; Mayor Pro Tem Kamp; Deputy Mayor Pro Tem Mulroy; Council
Members Heggins, Mc Elroy, Montgomery, and Thomson.
ABSENT: None
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and
Texas flags.
2. The Council considered adoption of an ordinance canvassing the returns and declaring
the results of the Regular Municipal Election to elect four City Council members to Places 1, 2,
3, and 4 of the City Council of the City of Denton, Texas, held in the City of Denton on May 12,
2007; and providing an effective date.
Jennifer Walters, City Secretary, read into the record the vote totals for the four districts.
The following ordinance was considered:
N0.2007-114
AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE
RESULTS OF THE REGULAR MUNICIPAL ELECTION TO ELECT FOUR CITY
COUNCIL MEMBERS TO PLACES 1, 2, 3, AND 4 OF THE CITY COUNCIL OF
THE CITY OF DENTON, TEXAS, HELD IN THE CITY OF DENTON ON MAY 12,
2007; AND PROVIDING AN EFFECTIVE DATE.
McElroy motioned, Mulroy seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp
"aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill
"aye". Motion carried unanimously
3. Oath of Office administered to newly elected Council Members.
Jennifer Walters, City Secretary, administered the oath of office to the following: District 1-
Charlye Heggins; District 2 -Pete Kamp; District 3 -Jack Thomson; and District 4 -Chris Watts.
4. Election of Mayor Pro Tempore.
Council Member Thomson nominated Pete Kamp for Mayor Pro Tempore. On roll vote,
Heggins "aye", Kamp "aye", Montgomery "aye", Mulroy "aye", Thomson "aye", Watts "aye" and
Mayor McNeill "aye". Motion carried unanimously
City of Denton City Council Minutes
May 9, 2000
Page 2
5. Election of Deputy Mayor Pro Tempore.
Mayor Pro Tem Kamp nominated Joe Mulroy for Deputy Mayor Pro Tempore. On roll vote,
Heggins "aye", Kamp "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" ,Watts "aye" and
Mayor McNeill "aye". Motion carried unanimously
6. Consider approval of Resolutions of Appreciation for Council.
Mayor McNeill presented a Resolution of Appreciation for Guy McElroy. Kamp motioned,
Mulroy seconded to approve the resolution. On ro11 vote, Heggins "aye", Kamp "aye",
Montgomery "aye", Mulroy "aye", Thomson "aye", Watts "aye" and Mayor McNeill "aye".
Motion carried unanimously
With no further business, the meeting was adjourned at 6:50 p.m.
PERRY R. MCNEILL
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
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AEI~DA INFDRMATI01~ SHEET
1 S V ~1 i ~~ 1 ~ e V ~ ~ ~ •~ Lf ~a~
DEPARTMENT: legal Deat~ment
~M~DMI1~M: Sohn ~, Knight, Senor ~.ssistant 1ty Attorney
SUBJECT: onsxder approval of a resolution of ,~ pity of Denton, Texas .autharizin the
. ~ ~ 1
denial of ~tmo Energy orporat~an s iVI~d~Te~ Division's ~"Atos Mid-Tex"} ~eliahi~~t
Infrastructure Program adjustments for calendar year aaG; authorizing participation a
coalition of cities 1~nawn as Atn~os Texas Municipalities ~"ATM"~; authorizing the Kirin of
..
lawyers and rate experts; author~~~.g the 1ty's participation to the full extent permitted by law
at the Railroad omn~issian of Texas in STD Docl~et Nos. 9734 ar~d 97~~; requirin the
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rexrribursement of mun~c~pal rate case expenses; finding that the meeting complied with the open
Meetings pct; making other findings and provisions related to the subject; and dec~arin an
effective date
BA~I~I~~UND; Two mare has Reliability Infrastructure Program {"R]P"~ filings were
made by Atrnas Energy an May ~ ~, Zaa7. conveniently these filings were rriade within three
days of the end of the legislative session. The filing ~y Atos Mid-Tex Division with. the pity
Secretary calls for a monthly increase of. ~a~ 59 cents far residential customers; ~~} ~ .4S for
cai~nn~.ercial customers and $5.90 for industrial customers. The film b Atinos' Pi eline
g y P
Division was made at the Railroad omn~ission of Texas, In that filing Atn~os is requesten that
. 4 ~ ~ . .
an additiana~ ~g9 million be placed in its rate base. This is far cost allegedly related to the
investment 1>7. transiss1on pipe or pipe h1c~1 is not lcluded 1n the M1d~Tex distr~but7an
system,
The Railroad ~onnnission Found ~ the last Atinos general rate case that the an~pany had
i`mpraperly included expenses related to alcohol, hotel roans, sporting events and high dollar
~neal5ln its ~xR~P f~tings.
1~t this point it appears that the mast appropriate action is to deny the requested CHIP adjustment
by the Mid-Tex Division of ~.tmas. The carrent law does not allow enough time far tharau
~ . . . r
discovery before local regulatory authorities ~inunicipalities~.
~ the past the Railroad ~omissian has refused to allow municipalities the opportunity to
intervene. ATM believes that the position taken by the ~R on tills issue is in error. Frzor TRIP
rulings to this effect are on appeal. In order to avoid any inconsistency with Its ~, ellate
. Pp
position, ATM recommends that it be authorized to intervene in the R~' proceedings which are
pending at the an~ssian.
S:l~ur Documen~slMisc~llane~us1~710~i90?ATM AFS.doc
The AT.1V~ Cities reeom~end that the ouncrl den~r the requested increase ~ rates b the id-
. . ~ i * O
Tex ~iv~slon and that the Pipeline D~vi~ion of Atmo be required to prove that the increase in
invested capital xs consistent with eetio~ 1 ~4.~0 l of the has Uti~~tiy Re ato A.ct as well a
a
other pert1nent provisions.
~IPT~~N; Approve the Resolution as proposed, not approve the resolution, or nuke
modifications.
l~E1V~~NDATIN: 'e reeonimend approval of the Agreement.
Respect~'ull~ submitted,
ohn ~VI. i t
enior Assistant City Attorney
gage ~
s~laur ~ocumen#s~miscellanenus~~?1~619~7 atm ais.~oc
s:lour document~Iresolutions1471~G1947 atmos ene~gy.duc
RESOLUTION NO.
RESOLUTION OF THE CITY OF DENTON, TEAS AUTHORI~INC~ THE DENIAL OF
ATMOS ENERGY CORPORATION' MID-TES DIVISION'S ~"ATMOS MID-TE"} CAS
RELIABILYT' Il~FRASTRUCTURE PROGRAM AD~CTSTENTS FOR CALENDAR FEAR
~O~; AUTHOR.I~INO PARTICIPATION IN A COALITION OF CITIES KNOwN AS
ATOS TEAS MUNICIl'ALITIES ~"ATM"}; AUTHORI~IN THE Hn~.iNO OF
LAWYERS AND RATE EXPERTS; AUTHORI~INO THE CITY' PARTICIPATION TO
THE FULL EXTENT PERM'TED BY LAS ''AT THE R.~ILR~AD ~~MII~N ~F
TEAS IN CUD DOCKET NOS. J 7~-1 AND ~7i~, REQtTI~Il~ THE RE~REENT
OF M~LINICIPAL RATE CASE EENSES; FINDING THAT THE MEETING COMPLIED
WITH THE OPEN MEETING ACT; MAI~INC~ OTHER FIl~DINS AND PROVISIONS
RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE
WHEREAS, an or about 1VIay 3I, 2~0~~ At~nos Energy Corporation's Mid-Tex Divisian
~"Atr~os Energy"} filed an application with the City to increase gas rates far its Gas Reliability
Infrastructure Program ~"DRIP"} for calendar year 20~~ pursuant to Section 104.1 of the Gas
Utility Regulatory Act ~"Act"}; and
wHERE.AS, Atmos Pipeline-Texas f iced at the railroad Conlmissian for a ~~IP
adjustment for calendar year ~~~; and
WHEREAS, due to the raten~al~ing carnplexity of Section 1~4.~1 of the Act it is
therefore necessary to engage the expertise of lawyers and consultants who specialise in
raterrial~in proceedings before regulatory authorities to assist the City as provided far in Section
1 ~,02~ of the .Act; and
WHEREAS, given the complexity and the need to carefully review the proposed CrRIP
adjustment it is necessary to deny the GRIP adjustment in order to allow the City's rate experts
sufficient time to detern~i.ne the merits of Atmos Energy's proposed GRE' adjustment; and
WHEREAS, in order to rnaxine the efficient use of resources and expertise in
reviewing, analysing and investigating Atrnos Energy's request for a GRIP adjustment it makes
sense to coordinate the City's efforts with a coalition of similarly situated rriunicipalities; and
WHEREAS, a. coalition of municipalities, knan a~s the Atn~os Texas ll~unlc~pallt~es
~"ATM"~ has been active ~n gas utlllty rate~naklr~ proceedings; and
WHEREAS, the City will join with other cities participating i ATM in a steering
co~n~nittee in order to coordinate the hiring and direction of legal counsel and consultants
worl~irlg on behalf of ATM and the City; NOS, THEREFORE,
s.lo~d~cumentslteso~utions1071~~1~~7 atmos en~rgy.~~c
THE CITE' C~UNCIII ~~ THE CITY OF DENTIN, TEAS HERESY RESOLVES:
SECTION ~. That the statements set out in the preamble to this resolut~an are hereby in
~~~ thing approved and adopted.
SECTION ~. The City hereby denies Atn~os Mid-Tea's request for GRIP adjustments
for fiscal year ~~~~, in all respects.
SECTION 3. The City ~s author~~ed to ~ oin with other cities in a coalition of e~t~e
known as the Atrnas Texas Municipalities ~"ATM"} with the understanding that the steering
committee of ATM will provide direction and guidance to the lawyers who are representing said
,.
cities,
SECTi~N 4, The City employs Jim Boyle, and Alfred Herrera. a special counsel to
represent the City with regard to the proposed RTP adjustments of Atmos Energy before local
and state regulatory authorities and any court of law and authorises special counsel to employ
such rate experts as are recommended by the ATM Steering Con7mittee.
ECT~ON . The City authorises special counsel to intervene on behalf of the City and
other members of ATM before the Railroad Commission of Texas in OUD Dacl~et Nos, X74
and 97~d.
SECTION ~. The City, 1n coordrnation with the Steering Coirimittee, shall review the
invoices of the lawyers and rate experts for reasonableness before submitting the invoices to
Atmos Energy for reimbursement.
SECTION 7. Atn~os Energy shall reimburse the City, through the designated
representative city of the steering Comrtnittee, for the reasonable casts of attorneys and
consultants and expenses related thereto, upon the presentation of invoices reviewed by the
Steering Committee.
SECTION , The City Secretary shall notify Atrnas Energy of this resolution by sending
a copy of same to Ms. Earbara Myers, Atmos Energy Corporation, 5~2~ L~J Freeway, Suite
154, Dallas, Texas 7240 and ATM shall be notified by sending a copy of this resolution to Mr.
Jinn Finley, City Attorney far the City of Longview by fax to ~~03~ X39-5~~.
SECTION ~. The meeting at which this resolution was approved was in all things
conducted 1n strict compliance with the Texas open Meetings act, Texas overr~nent Cade,
Chapter J J ~ .
SECTION 10. This resolution shall become effective from anal aver its passage.
Page ~
s:lour ~ocu~entslreso~uti~ns1~710619~7 atmos energy.~~c
P~~RY R. cN~rL~, MAYOR
i TLTi
.~~NNIF~R A.~TER, ITS ECRETA~
~Y:
APFR~VEI~ A T~ LEC~~AL FARM:
~~]IN ~VI. SN~D~R, CITY ATT~RN~Y
BY:
Page 3
AI~E~DA IN~'~~NIATI~~ SHEET
AC~BNDA DATE: June 1, ~~a7
DEPARTMENT: Legal Department {.
MIDMIAM; John . Knight, senior Assistant pity ,tton~ey
UBJET; consider an ordinance authorizing the pity Manager to execute a Oil and has
Lease with Endeavor Energy for 19.45 ages of dross Timbers Farb situated in the N. Britton
u~vey, Abstract No. 51, in the pity of Denton, Denton County, Texas, and related documents; ~`
provlding severab111ty and an effective date.
BAK~RI~UI~~]:
On August I, ~~OG the city Council approved °criteria far the av~ard of leases far ail, gas or other
mineral interests lands awned by the City of Denton. ,Ubsequently the C1ty sollc~ted beds for
the av~ard of an oil and gas lease on approximately 7D.d1 acres of land situated within Cross
Timbers ~ar1~. Only one bid was received. It was submitted by my David Ratner on behalf of
endeavor Energy Resources, L,P. and eras far approximately 19.45 acres of the property in
question. Mr. Scott Hickey represented the 1llterests of the 1ty lil negotlatlons ~v1th Mr, Cotner.
O~TII~N:
1. Pass the ordinance to authorize execution of the oil and gas lease.
Z. Decline to pass the ordinance to authorize execution of the oil and gas lease.
FIAL Il~~"DRATI~N:
Compensation related to this use ~vil1 be set in the Lease agrener~t from the bid offering. It is
reasonable to expect that financial consideration for leasing of land and raya~ties on production
of gas and oil i11 benefit the City of Dentani
Respectfully submitted,
ohn M. Knigh
enivr Assistant City Attorney
s:lour ~QC~III]~I]tS~I171SC~~~~t]~Di15~O~~15 CFQSS ~1~1~3~1'S-endeavor energy.~ac
AI~E~DA IN~'~~NIATI~~ SHEET
AC~BNDA DATE: June 1, ~~a7
DEPARTMENT: Legal Department {.
MIDMIAM; John . Knight, senior Assistant pity ,tton~ey
UBJET; consider an ordinance authorizing the pity Manager to execute a Oil and has
Lease with Endeavor Energy for 19.45 ages of dross Timbers Farb situated in the N. Britton
u~vey, Abstract No. 51, in the pity of Denton, Denton County, Texas, and related documents; ~`
provlding severab111ty and an effective date.
BAK~RI~UI~~]:
On August I, ~~OG the city Council approved °criteria far the av~ard of leases far ail, gas or other
mineral interests lands awned by the City of Denton. ,Ubsequently the C1ty sollc~ted beds for
the av~ard of an oil and gas lease on approximately 7D.d1 acres of land situated within Cross
Timbers ~ar1~. Only one bid was received. It was submitted by my David Ratner on behalf of
endeavor Energy Resources, L,P. and eras far approximately 19.45 acres of the property in
question. Mr. Scott Hickey represented the 1llterests of the 1ty lil negotlatlons ~v1th Mr, Cotner.
O~TII~N:
1. Pass the ordinance to authorize execution of the oil and gas lease.
Z. Decline to pass the ordinance to authorize execution of the oil and gas lease.
FIAL Il~~"DRATI~N:
Compensation related to this use ~vil1 be set in the Lease agrener~t from the bid offering. It is
reasonable to expect that financial consideration for leasing of land and raya~ties on production
of gas and oil i11 benefit the City of Dentani
Respectfully submitted,
ohn M. Knigh
enivr Assistant City Attorney
s:lour ~QC~III]~I]tS~I171SC~~~~t]~Di15~O~~15 CFQSS ~1~1~3~1'S-endeavor energy.~ac
:lour document~lardi~ces1U71cross ~tn~ersdeavor er~ergy.dac
~RDINANE NQ.
AN ORDINANCE AUTH~RI~ING THE CITY MANAGER T~ EEUTE ~. GIL AND GAS
LEASE wITH ENDEAVOR ENERGY FDR ~ 9.4 ACRES Q~' CROSS TnVIEER PARi~
SITUATED IN THE N. BRITTDN UREY, ABSTRACT NO, 51, IN THE CITY OF DENTON,
DENTON BOUNTY, TEAS, AND RELATED DDUMENT; PRD~IIDING SE~ERABILITY
AND AN EFFETI~E DATE.
WHEREAS, the pity council of the pity of Denton has heretofore determined that it is
advisable to lease, for oil ar~d gas purposes, certain real property located at brass Tubers Par1~,
Denton, Texas; and
WHEREAS, the 1 desires to autborl~e the arty Manager to execute the lease wry
Endeavor Energy for an ail and gas leased NDw, THEREFORE,
THE OUNIL OF THE CITY OF DENTON I~EREBY ORDAINS:
SECTION 1, Incarparatian ofPrea.ble. The above and foregoing preamble is incorporated
into the body of this Ordnance as ~f capled herein m its entirety.
SECTION ~. The pity 1Vlanager ar his designee is hereby authorised to execute an ail and
gas lease agreement between the pity afDentan and Endea~var Energy, and related documents, which
are attached hereto and incorporated herein by reference.
SECTION ~. If any section, article, paragraph, sentence, clause, phrase or word i~. this
Ordinance ar application thereafta any person or circumstance is held Invalid or unconstitutional by
a Court afcompetent jurisdiction, such balding shall not affect the validity of the remaining pardons
of this Ordinance, and the City council hereby declares it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain rn fja11
force .~ effect.
SECTION 4. This ordinance sha11 become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ~ day of ~~07.
PERRY R. McNEILL, MAYOR
A.T'~E 1.
J~I~NIF'E~ AI1T~~, CITY ~~RETY
BY:
APP~VED A T~ L~~AL FARM.
EDP 1Vi. NYI~EI~, CITY ~TT~RNEY
BY:
gage 2
NTIE DF ~NFIDENTIALITY RIGHT: IF YOU ARE A NATURAL PERDN,
YOU SAY RE~vE ~~ THE ANY DR ALL ~F THE FDLL~wIN INF~-
IM.ATION FI~D~ THIS INTRUENT BEFDR.E IT ~ FILED F~~. ~E~RD IN THE
PUBLIC REDD: YDUR DIAL SECURITY NUIVIBER ~~ YOUR DRIVER.'
LICENSE N~UI~IBE.
~L A1~D A LSE
This Dil and has Lca.se this "Lease'} is made on 2007 between
T F ENTOI~, xis ~herea~cr called "Lessor," whether one or n~ore~, whose
address ~s ~1~ ~, Menney t.~ Demon, ~`e~as 7b~o1 and LNDEAVO~ ERGY
lt~~~u~t~, L.P., whose address is X10 ~. a~enfeld quite ~OO~ N~aidiand, Teas
7970 {hereaer cared "Lessee"~.
1. rangy. In consideration of one Thousand and no110os dollars ~~ 1 ~a~.0a}
per n~unera~l acre and other goad and valuable canslderat~on in hand paid, Lessor grants
and leases exclusively unto Lessee the following described land {the {`Land"~ in Denton
County, Texas, far the sole purpose of exPlo~.ng under, drilling under, and to produce,
save, treat, process, stare, and transport oil and gas and other products manufactured from
oll and gas produced firon~ the Land;
19.4 Acres as more particularly described an Exhibit "A" attached hereto
and made paxt hereof.
~. Primary '~errt~. This Lease is far a term of one 1 ear from this date
called "Primary Tartu"~ and long therea~er as oil or gas is produced fira~n the Land in
Paying quantities.
3. surface Use Pro~ibitedlProtection o~ Pu~Iic Lands. There is hereby
excepted and. reserved to LED the full use of the land covered hereby and alI rights
with respect to the surface and subsurface thereof far any and ail purposes and all miner-
als except those expressly leased herein and only to the extent herein leased to LESSEE.
LEER reserves and excepts franc this Lease all of the surface of the land described in
Paragraph 1, and LEEE agrees that it will not conduct drilling operations ar any other
operations or activities of any nature an the surface of such Land. Lessee its agents, con-
tractors, heirs, successors or assigns shah have na rights of ingress or egress upon the sur-
face of the Land and herein waives any rights to any implied easement to use the surface
of the Land. Unless this Lease specifically provides for the conduct of seismic opera-
tions, Lessee is prohibited from using the surface of the Land far any Purpose, but Lessee
may engage in directional ar horizontal drilling activities beneath the Land that are can-
ducted on the surface of other Iands. Any directional or horizontal drilling must penetrate
the Land sufficiently below the surface s to not interfere with the present or future use of
the surface of the Land for public park use, and in no event may the directio~.a~ or hori-
zontal drilling penetrate the Land less than 2a~ feet below the surface. A directional or
horizontal well drilled under this provision shall be considered to be located an the Land.
Fagg 10~ 13- ~~. Aim ~~s LEASE
~~ity of Dento~l~~oss Timbers Perk Lease)[swh;0~?0?]
s:l~~r docents~COntracts1~71cr~ss timbers park lease 11 jnn0? ~~nal).doc
Lessee's surface locations for wells affecting this Lease shall not enter the surface within
50~ feet of the Land.
4. ll~i~er~l~ hovered, This Lease corers only oil and gas. The term "ail and
gas" .cans oily gas, and other liquid and gaseous hydrocarbons produced through a well
bore.
Ra~lty.
{a} As royalties, Lessee agrees;
{ 1 } To deliver free of cast to Lessor at the wells or to the credit
of Lessor at the pipeline to which the wells may be connected, twenty five percent, °I~
{the "Royalty Percentage"} of all oil and other liquid hydrocarbons produced and saved
from the Land.l~t Lessor's option, which may be exercised firam time to tune, Lessee
shall pay to Lessor the sane part of the n~arl~et value at the well of ail and other liquid
hydrocarbons of like grade and gravity prevailing on the day the ail and other hydrocar-
bons are run from the Lease in the general area in which the Land is located.
(2) To pay to Lessor:
{i} ~n gas produced from the Land and sold by
Lessee or used an ar off the Land and to which the fallowing subparagraphs {ii} and {iii}
do not apply, the Loyalty Percentage of the market value at the paint of sale, use, or other
disposition.
{ii} ~n gas produced from the Land that is
processed in a processing plant in which Lessee or an affiliate of Lessee has a direct or
indirect interest, the higher of the Royalty Percentage of the market value of the gas at the
inlet to the processing plant, or the Royalty Percentage of the ~.arket value of all
processed liquids saved from the gas at the plant plus the Loyalty Percentage of the mar-
ket value of all residue gas at the point of safe, use, or other disposition.
{iii} ~n gas produced from the Land that is
processed in facilities other than a processing plank in which Lessee or an affiliate of Les
see has a direct or indirect interest, the Royalty Percentage of the rnaret value at the
plant of all processed liquids credited to the account of Lessee and attributable to the gas
plus the Royalty Percentage of the market value of all residue gas at the point of sale, use,
or other dispos~t1on.
{b} If gas produced from the Land is Bald by Lessee pursuant to an
arms-length contract with a purchaser that is not an affiliate of Lessee, and far a term no
longer than that which i usual and customary in the industry at the time the contract i
made, then the market value of the gas Bald pursuant to the contract shall be the total
proceeds received by Lessee in the sale, subject to the provisions of paragraph ~{c} be-
low.
Page 2 of 1 ~- ~~, Axe G Ls~
~~~ of Dento~ICross Timbers Park Lease)[s~v~;~2~7~7J
s.lor~ docaments~COntr~cts1071cross limbers park lease ~ 1 j~n~7 ~~}.d~c
~c~ The market value of gas will be determined at the specified loca-
tion byreference to the gross heating value {measured 1n British thermal units} and qual~-
ty of the gas. The market value used in the calculation of ail and gas royalty will never be
less than the total proceeds received by Lessee in connection with the sale, use, or other
disposition the oil or gas produced ar sold. far purposes of this paragraph,rf Lessee rece-
ive frarn a purchaser of ail ar gas any reimbursement far all ar any part of severance ar
production taxes, ar if Lessee realizes proceeds of production after deduction far any ex-
pense of production, gathering, dehydration, separation, compression, transportation,
treatment, processing, storage, or marketing, then the rein~bursen~ent or the deductions
will be added to the total proceeds received by Lessee. ~ayalty will be payable on ail and
gas produced firon~ the Land and consumed by Lessee on the Land for compression, de-
hydration, fuel, or other use.
{d} Lessor's royalty will never bear, either directly ar indirectly, any
part of the costs ar expenses of production, separation, gathering, dehydration, cornpres-
sion, transportation, trucking, processing, treatment, storage, ar marke~.ng of the ail or
gas pradueed frarrr the Land or any part of the costs of construction, operation, or depre-
eiation of any plant or other facilities ar equipment used in the handling of oil or gas on
the gaoled lands andlar prior to the paint of sale. It is understood and. agreed between
Lessor and Lessee that this clause shall not be considered surplusage a per the principles
of the e~~~ag~e resources v. atior~s Bask, 9~4 .w.Zd G 19 {Tex. 1997 ease and shall
be given its full meaning and effect. Notwithstanding anything herein contained to the
contrary, Lessor and Lessee agree that Lessor's royalty an gas {to the extent Lessor has
not elected to take his ar her royalty gas in kind} shall bear its proportionate share of
post~productian casts associated with such gas to the extent such production costs are in-
curred at a point ar paints not an the Tease premises. In the event Lessee andlor its affili-
ates provide off-lease past-production services the fee att~.butable to Lessor's royalty gas
shall ~e the lesser af~ ~ }the lowest rates charged third parties by Lessee andlor its affili-
ates far similar services ar 2~ the lowest rate that could otherwise be ne atiated under an
g
arms length agreement with bona-fide third parties far the same services,
{e} Lessor shall be paid the ~ayalty percentage of all payments and
other benefits made under any oil or gas sales contract or other arrangement, including
take-or~pay payments and payments received in settlement of disputes; provided that if
Lessor receives stake-ar-pa.Y panent or smilax payment far gas that has not been pra~
duced, and. if the gas is subsequently produced, Lessor will only receive its Royalty Per-
centage of any payments made for make-up gas taken pursuant to the take ar-pay provi-
sion ar similar provision.
~ Lessee must disburse ar cause to be disbursed to Lessor its royalty
on production from a particular well not later than a days after completion of the well,
in the ease of an oil well, or after the pipeline connection, in the ease of a gas well, The-
reafter, Lessee must disburse ar cause to be disbursed to Lessor its royalty an production
by the last day of the second month after the month of production, If not paid when due,
Lessor's royalty will bear interest at the maximum lawful rate frorri due date until paid,
which arnaant Lessee agrees to pay. Acceptance by Lessor of royalties that are past due
Page 3 ~f 1 - ~~, Axe G ~s~
{City o~DentonlCross Timbers Park Lease}[swh;~22707~
s:lour dacue~tsleautrac#s1~71eross timbers park lease 1 ~~un~7 (final}.doc
will not act as a wai~rer or estoppel of its right to receive interest due thereon unless Les-
sor expressly so provides in writing signed by Lessor. The royalty payment obligations
under this Lease shall not be affected by any division order ar the provisions of the ec-
tian 91.40 of the Texas Natural Resources fade or any similar statute.
~g~ Upon written request by Lessor, Lessee shall tender a full account-
ing as to the payment of royalty to Lessor within 3~ days of said request. The format
shall be in the form requested by Lessor. However, if no format is specified Lessee shall
respond in a format that provides Lessor v~itlh an accurate depiction of the amount of pra-
ductian from the well~s~ affecting this Lease for the time period specified and the alloca-
tions ofpayments tothe Lessor along with deductions, if any,
~h} As used in this Lease, "affiliate" means ~i~ a corporation, point ~en-
ture, partnership, or other entity that owns mare than ten percent of the outstanding vot-
ing interest of Lessee cr in which Lessee owns mare than ten percent of the outstanding
voting interest; ar iii} a corporation, point venture, partnership, or other entity in which,
together with Lessee, mare than ten percent of the outstanding voting interests of both
Lessee and the other corporation, point venture, partnership, or other entity is owned or
controlled by the same persons ar group of persons.
~i} The receipt by Lessee from a purchaser or a pipeline company of
proceeds of production far distribution to Lessor will not result in Lessee acquiring legal
or equitable title to those proceeds, but Lessee vll at all time hold the proceeds in trust
for the benefit of Lessor, Notthstanding the insolvency, bankruptcy, or other business
failure of a purchaser of production firvnh the Land or plpel~ne company transporting pro-
ductlan ~ron~ the Land, Lessee mill remain liable for payment to Lessor for, and agrees to
pay Lessor all royalties due Lessor together with interest if not timely paid.
G. apt-Yn R~yty. While there is a. gas etl on this Lease capable of pra-
ducmg gas m paying quantities, but gas is not being sold, Lessee shall pay or tender in
advance an annual shut-in royalty of $2aa.a~ per acre leased herein from which gasrs not
being Bald. The first payment of Butch sum shall be an or before the first clay of the calen-
darmonth at the expiration of ninety ~~~ days from the date the Lease is not maintained
b~ productlan, and thereafter subsequent payments may be made at annual intervals.
While shut^in royalty payments are timely and properly paid, this Lease will be held as a
producing Tease. The right of Lessee to .aintain this Lease , farce bypayment ofshut-in
gas royalty is limited to the period of t~vo years that fallow the expiration of the Prim
Term. The obligation of Lessee to pay shut-in royalty is a condition and not a covenant.
The payment ar tender of royalty under this paragraph nhay be made by the check ofLes-
seemailed or delivered to the parties entitled thereto on or before the due date,
'7. Dri.~ii.~tg b~igati~n~IDelay R~~t. ~n or before 18~ ~a ~ from this date,
Lessee agrees to canunence the actual drilling of a well on Land gaoled pursuant to para-
graph 10 below with the Land and thereafter drill it with reasonable diligence and in a
goad and womanlike manner to a depth sufficient to test the Barnett Shale Formation
via horizontal drilling, While drilling the well, if Lessee encounters conditions that render
Page 4 of 13- ~~L AND ~A~ ~E
~~it~ ofDe~tonlCrass ~'imbers Park Lease)[swh;0~~?~?]
s:l~~.r doc-imerYtsl~ontractsl~'71~cross timers dark lease 11 jun~7 {f~al~.doc
further drilling impractical, Lessee nay commence a substitute well within ~a da s after
. y
abandoning the wells A substitute we11 that 1s drilled to the depth and m the manner re~
quired far the first we11 will satisfy this drilling obligation. ff Lessee fails tel to com-
• F
mence the well, or ~f having commenced the well fads to drill ~t to the depth and 1n the
manner required, this Lease will terminate. Lessee nay delay the commencement of said
we11 to the end of the Primary Term by paying to Lessor ~ ane time delay rental in the
amount of $~aa.aa before the end of the first 1 ~a days of this lease, axd Bela rental
t .
shall be paid directly to Lessor at the address listed above.
S. o~tiu,uous Devel~pm~nt.
~a~ lf, at the expiration of the Primary Terre, oil or gas is eat being
produced from the Land, but Lessee has co~nrnenced the drilling of a well on lands that
will farm, a proratian unit that will Include the Land, the Lease will eat terminate but will
remain in effect far so fang thereafter as aperations are carried out with due diligence
with no cessation of mare than ~0 days, and if the aperatians result in the production of
ail ar gas, the Lease shall remain in farce as otherwise provided herein, Far the purposes
of this Lease, the term "operations" means operations far any of the following: drillin ,
• ,. g
testing, completing, rewark~ng, recarnplet~ng, deepening, plugging back, ar reran of a
well in search of ar in the endeavor to obtain production. of ail or gas.
fib} After the Primary Terre, if this Lease is maintained by production
or otherwise, it wi11 remain in force as to all acreage and depths as fang as there is na
lapse of more than 18a days between the completion of one well and the commencement
of the actual drilling of another well, The comn~ence.ent of actual drilling means the
penetration of the surface with a drilling rig capable of drilling tv the anticipated total
depth of the well. After a well is camtnenced, drilling operations must continue with dili-
gence and in a goad and workmanlike manner in a good faith effort to reach the antic
ipated total depth A well will be deemed to have been can~pleted on the date of the re-
lease of the drilling rig from the drillsite. The permitted tine between wells shall be cu-
rnulattve sa that 1f a well is commenced prior to the date 1t is required to be commenced,
the number of days prior to the date an which the well should have been commenced
shall be added to the time permitted far the next well.
~c} If at any time the maximum time far the commencement of the ac-
tu~.l drilling of a well expires without the commencement of a we11, or upon the expira-
tion of the Primary Term if the Lease is eat maintained by continuous drilling, this Lease
will terminate except as to a portion of the Land contained in any proration unit with a
well that is then producing in paying quantities ar deemed to be producing in paying
quantities by virtue of payment of shut-in royalties. The Lease wi11 then terminate a~s to
all depths below the stratigraphic equivalent of the base of the deepest producing forma-
tion onthe said proration unit, ff production from the said proration unit ceases from an
i .
cause, this Lease will tern~nte as to the part~on of the Land contained therein unless
Lessee commences operations for drilling or reworking on the well tram which produc-
tion ceased or on a new well on other lands that would include the Land in the proration
unit wig 9a days after the cessation of production, in which case the Lease as to that
Page 5 of 1 ~- Orr. Axe Gns LE
{pity of De~ntonlCros~ ~'im6ers Park lease}~swh;~~~?07]
s:lonr docur~entslr~#racts1~71c~oss tim~e~s park tease 11jun0? (final).doc
tract will continue in farce as long as the operations are prosecuted with na cessation of
mare than GO consecutive days. ~f the said operations result in production, then this
Lease shall remain in farce so long thereafter a there 1s Production frana the tract.
~d} As used in this Lease, the term "horizontal well' means a well that
meets the definition of a "horizontal drainhole well" under Statewide Rule 8~ of the Rail
rand Commission of Texas, and a "vertical we11" rs a well that is not a horizontal well. A
proration unit for a vertical well producing from the Barnett Shale formation naay oat ex~
teed 4a acres. ~f field rules are established later that permit obtaining a drilling permit
with less acreage, a proration unit for a vertical well nay not exceed the nalnimun~ size
permitted. A proration unit for a horizontal well naay include the mrniurrt acreage speci-
fied above far a vertical well plus the additional acreage listed the tables in Rule ~~
{far fields with a Density Rule of 4a Acres ar Less} and. roust amply with the require-
ments of Rule 8~ for n~nimu permitted well density, and if the welt is producing from
the Barnett shale forrn.ation, the acreage of a Proration unit slaall be assi ed as if well
density for vertical wells is 4a acres or less. Each. proration unit for a vertical well must
be as nearly the form of a square as is Practical with the we11 in the center of the square
and w1 the sides of each square runnhag m the cardinal directions. Each proration unit
far a horizontal we11 must be in the form of a rectangle with the horizontal drainhole be-
ing a~s nearly as practical along the center line of the long d~naension of the rectangle.
. Fooling. Lessor and Lessee recognize that it may in the interest of each
Party far portions of the Land to be gaoled with adjacent land to create pooled waits far
vertical ar horizontal drilling. A proposed unit will only become effective upon Lessor's
consent, which consent will not be unreasonably withheld, if Lessee desires to create a
pooled unit, Lessee shall submit a written proposal to Lessor, aril a failure by Lessor to
abject to the Proposal within 3a days after native will constitute approval ofthe proposal.
Lessor shall oat unreasonably withhold its approval of the paaled unit. 1Vevertheless,
Lessee shall goal all of the Lessor's Land into one gaoled unit unless Lessor gives its
written consent to do otherwise. Notwithstanding the foregoing, Lessor hereby agrees to
pool the Land pursuant to a gas unit designation agreement, identical in form or substan-
tially similar to the one attached hereto and made a part hereof as Exhibit "B"
1 a, econdar~ ~covery. Lessee will oat implement any represurin, pres-
sure maintenance, recycling, ar secondary recovery operations without the prior written
consent ofLessor.
~ 1. urf~c~ T~~e. Unless this Lease specifically Provides far the conduct of
seismic operations, Lessee is prohibited from using the surface of the Land far any pur~
pose, but Lessee may engage ~ directional drilling activities beneath the Land that are
conducted on the surface of other land. Any directional drilling must penetrate the Land
sufficiently below the surface as to not interfere with the present ar future use of the sur~
face of the Land for comn~ereiai ar residential use, anal in no event m.ay the directional
Page ~ of 13 * 0~ A~ Gas L~
~Ci~y afDen~anlxuss Timbers Park Lease}~sv~h;02~7~7]
s:lour ~ocumentslcnntra,ctsl~7~cross timbers park 1e~e 11jnnD? (al~.doc
drilling penetrate the Land less than X00 feet below the surface. A directional well drilled
under this provision shall be considered to be located on the Land.
~~. A$~ig~men. Lessor is granting rights to Lessee that Lessor would not
grant to others. Therefore, prior written approval of Lessor is required for an assi ent
. Y ~
ar sublease of this Lease, not to be unreasonably withheld. All asi ents and subleases
• r
must require the assignee or sublessee to assume all of Lessee's obligations under this
Lease, but Lessee will remain liable far its obligations regardless of an assi ent or
y ~
sublease by it. No assignrrtent or sublease will be effective until a cerd~ied co of the
Py
recorded document is furnished to Lessor.
1 ~. farce ll~ajeare. Should Lessee be prevented by reason of Farce a'eure
. ~
from con~ply~ng with any express or nnplled covenant of this Lease other than a re-
qu~ren~ent to pay money}, firorn conducting drilling or reworl~in operations an the Land,
ar from producing oil or gas, then while so prevented, that covenant will be sus ended•
. ~
Lessee will not be liable for damages for failure to comply therewith; this Lease will be
extended so Zang as Lessee is prevented from conducting drilling ar ~rewarin a erations
on or g p
frorr~ producing oil ar gas from the Land; anal the time while Lessee is so reverted
• ~ i
will not be counted against Lessee. "Farce ll~a~eure~' means any Act of Cod, an federal
Y
ar state law, or any rule or regulation of governmental authority, or other similar cause
bother than ~neial reasons}. This paragraph is, however, in all thin s sub' ect to the li-
. ~ ~ g ~
n~~tat~ons of time during which this Lease may be continued in force by the ent of
p~
shut-~n gas royalties.
1 ~. ~~ warr~e~. Lessor m.al~es no warranty of any find with res ect to
title p
to the Land. ~y acceptance of this Lease, Lessee acl~nowledges that it has been `ven
full
opportun~.ty to investigate and has conducted sufficient investigation to satisfy itself
as to the title to the Land, and Lessee assumes all rile of title failures. If Lessor awns an
interest in the Land less than the entire fee simple estate, then the ro alties a able he-
y pY
reunder witl be reduced proportionately. Lessee, at its option, may dischar a an tax
. g y
mortgage, or other 11en on the Land, and ~n the event Lessee does so, Lessee will have the
option of applying the royalties accruing to Lessor toward payment of it.
I5. ~uri~g Default. Should Lessee at any time fail to comply with its obli-
gations hereunder regarding construction, in~ntenance, or repair within 3~ da s after
. ~'
written na~ice from Lessor, Lessor will have the right to da or have done whatever is ne-
cessary to fulfil the obligations to its satisfaction, and Lessee shall be liable to Lessor for
the reasonable and necessary expenses thus incurred by Lessor, to be aid within ten da s
p Y
after Lessor furnishes to Lessee an itemized written statement of the ex eases.
p
1 ~, o~ce~. Ali natives wi11 be deemed given and reports wi11 be deemed de-
livered if sent by certified letter, return recei t re nested ro erI addressed an -
p q a p p y d depo
sited in the united States Postal Service, postage prepaid, to Lessor anal Lessee at the ad-
dresses shown for each party. Any party may designate a new address b ro er notice to
yP p
the other party or parrt~es.
Page 7 ~f ~ 3- ~~, Arm G L~s~
City of Den~o~lCrass Timbers Park ~ease)~swh;0227~7]
s:lour do~umentslcantl~7~cross timbers ~ lease 1 ~ jun~7 ~fma~}.doe
17. ~t~o~ey'~ ~'e~s. In the event that Lessor is required to en~play ie al
.. ~
counsel far the enforcement of any pro~vfsion of this Lease and preaa~ls, Lessor wrll be
entitled to recover from Lessee reasona~hle attorney's fees and expenses incurred b Les
y
sar,
1 S. In~uranc~ Req~ment~. Lessee shah provide or cause to be provided
the insurance described below far each well drilled under the terms of this Lease, such
insurance to continue until the v~ell is abandoned and the site restored. Such insurance
shall provide that Lessor shah be a ca-insured, without cast, and that said insurance can
not he canceled ar teninated without thirty ~3a} days prior notice to Lessor and ten X10}
days notice to Lessor for nonpayment of pren~iun~s,
a, C~en~raY l~~quiremen. YndeuU~if~catian d ~~pre~~ Neg~Ienc~ ~rn-
vi~I~n~. LESSEE shall expressly release and discharge, all claims, demands, actions,
judgments, and executions which it ever had, ar now have or may have, yr assigns Ana
. y
have, or clam to have, against the LES ~~~, ~t agents, officers, servants, successors, a-
signs, sponsors, volunteers, or employees, created by, or arising out of personal injuries,
l~nown or unknown, and injuries to property, real or personal, ar in any way incidental to
or in connection with the performance of the oil and gas drilling and production per-
forme by the LESSEE under this lcase and the LESSEE shall fully defend, prated, in-
demnify, and hold harmless the LESSOR, andlor its departments, agents, officers, ser-
vants, employees, successors, assigns, sponsors, or volunteers from and against each and
every claim, demand, or cause of action and any anti all liability, damages, obligations,
judgments, losses, fines, penalties, costs, fees, and expenses incurred in defense of the
LESSER, andlor its departments, agents, officers, ser~rants, or employees, including,
without limitation, personal injuries and death in connection therewith which may be
made or asserted by LESSEE, its agents, assigns, or any third parties on account af, aris-
in out of, or in any way incidental to or in connection with the performance of the oiI
and gas well drilling and production performed by the LESSEE under this lease and, the
LESSEE agrees to indemnify and hold harmless the LESSER, and~or its depar(n~ents,
andlar its officers, agents, servants employees, successors, assigns, sponsors, or volun-
teers from any liabilities ar damages suffered as a result of claims, demands, costs, or
judgments against the LESSER andlor, it's departments, its officers, agents, servants, or
employees, created by, or arising out of the acts or omissions of the LESSER occurring
an the drill site or operation site in the course and scope of inspedin and permitting the
gas wells INCLUDING, BST NAT LIMITED TD, CLAIMS AND DAMAGES ARI-
IN IN wHQLE DR IN PART ER~M THE NEGf,I~ENCE DF TIDE LESSGR DC-
CURRINC~ GN TITE DRILL SITE GR GPERATIGN SITE IN THE CG~JRSE AND
SCG~E GF YTS DCJTIES UNDER THIS LEASE.. IT IS UNDERSTOGD AND
ACrREED T~IAT THE IlvDEMNITY PROVIDED ~~~ YN THIS ECTrGN IS AN nV-
DENn~ITY EXTENDED BY THE LESSEE TG INDEMNIFY AND PRGTECT THE
LESGR ANDIGR ITS DEPAI.VIENTS, AGENTS, OFFICERS, SERVANTS, GR. EIVI-
FIJGYEES ~`RGM THE CGNSEUENCES OF THE NEGLIGENCE GF THE CITY DF
DENTDN, TEAS ANDIGR ITS DEPARTIVIENT, AGENTS, GFFICERS, SER-
~TANT, GR EM~.'LDYEES, WHETHER THAT NEGLIGENCE IS THE SGLE ~
Page S of ~ - Ud A~ Gas L~as~
(its of Dentanlross ~'it~~ers Park Lease}[sw;02~7Q?~
s:lo~r ~ocamentslconc#~1~"~Icrass umbers pa~C lease ~ ljun~7 ~fma~}.hoc
C~NTIBUT~N CAUSE ~~ THE R~ULTANTANT INJURY DEATH ANDI~
a ,
DAAL, BUT NAT IN THE EVENT ~~ CROSS N~CxLIENCE ANDI~~ ~LL-
FUL ~iICDNDUCT,
b. Ali policies shall be endorsed to read ,THIS pDL~CY SILL NAT BE
CANCELLED ~~ NON-RENEIED ~VITH~UT a DAYS ADVANCED WRITTEN
NOTICE TO THB LESDI~ AND THL CITY EXCEPT WHEN THIS POLICE IS BE-
lN0 CANCELLED ~~R NONPAYMENT ~~ PEMIU WHICH CASE 1 a
DAYS ADVANCE 'ROTTEN N~T~CE I ~.EUIRED",
c. Liability policies shall be written by carriers licensed to do business
Ted and 1th Companies 1th A; VI~~ or better rating in accordance v~ith the current
Best Ivey Rating wide.
d. Liability policies shall name as '~Additiona~ insured" the ci and its of~i-
4
cials, agents, employees, and volunteers,
e. Certificates of insurance must be presented to the City evidencin all co-
verages and endorsements re~u~ixed by Section 35.~~.5 ofthe Denton Devely meat Code
as na~v ~vritte~. or as further amended, and the acceptance of a certificate Without the re-
quixed limits ar~dlor caveraes shall nat be deemed waiver of these re uirerrzents,
~. Clainis made policies mill not be accepted except far excess licies or
~ulless otherwise pro.ded by this Article.
l~equ~r~d Durance a~er~e~.
~. Con~nercra~ General Lrablllt~ Insurance. Coverage should be a
n~inin~um Combined Single Limit of $1 ~aaa,aa0 per occurrence for Bodil
ln~ury and Property Damage. This coverage must include remises, o ,
~ ~
erations, blowout or explosion, products, conipleted operations, blanket
contractual liability, underground property damage, broad farm propert
d .. ~
aniage, independent contractors protective liability and personal injury.
2. Environmental Impairment far Seepage and Pollution} shall be ei-
ther hicluded in the coverage ar Britten a separate coverage. Such cover-
age shall not exclude damage to the lease site. ~f Envixoninental ~my'~~Jiair,
~ . ; 4 i
.ent for Seepage and Pollution} Coverage 15 v~ritten on a "cla~nis made"
basis, the policy must provide that any retroactive date a livable recedes
pP ~
the effective date of the issuance of the permit. Coverage shall a l to
pp y
sudden and nan~sudden pollution conditions resulting Pram the esa a or
. ~
release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, li aids or
gases, waste n'~at~rial or other 1rr~tants, Cantanlinants or pollutants,
Page ~ of 13- 0~, Aim ~~s L~s~
{pity ofDen~o~lross ~"imbers Park Lease}~swh;~~~707]
s:lo~x docun~~entsl~o~tracts1~71cross timbers park lean l 1j~n~T (final}.dac
~. ~uto>~no~ile Liability insurance. ~Vimimutn orr~bined Single Lim
it of 5~0,0~0 per accurrence far Bodily Yn~ury and Prope Dania e.
. Y
Such coverage shall include owned, nan-owned, and hired vehicles.
4, ~ porker's ampensatian insurance, ~n addition to the irumunl
statutory requirements, ca~rerage shall include Err~player~s Liability iim-
its of at least ~ aa,aa0 for each accident, 1 aa,afl0 far each em Io ee and
~ ~ i r .
a 5aa,~aa policy l~m~t for occupational disease, anal the insurer a ees to
• ~ .
wave rights of subrogation aga~ast the city, its af~cials~ agents, en~-
ployees, and volunteers for any work performed far the ci h the LES~
y
SEE.
5. Excess {or ~Jn~brella} Liability Insurance. Minimum limit of
~ ~,~~~,aa~ covering in excess of the preceding insurance olicies.
p
~, antrol of e11 Insurance.
a. N~Cinin~,um limit of ,~aa,~aa per occurrence,
b. Policy shall saver the fast of cor~tralling a well that is out
of control, edr-illi~g or Restoration expenses, Seepage and Pollution
Damage, Damage to Property in the LES SEE's Caxe, custody, and on-
trol with a sub-limit of Saa,aa~ nay be added.
19. Dispute It~sa~u~ion. In the event of a dispute under this Lease, the artier
P
agree to aite.pt to resolve the dispute through goad faith rnedlation~ to beheld i~ Denton
Jaunty, Texas.
~a, ~C~II1~S ~i0~18.
{a} ~ the event this Lease expires for any reason as to all or an art
ofthe L Y P
and, Lessee shall, wi#hin ~a days thereaer, furnish Lessor with a written, record-
ablerelease covering all of the Land or that portion of the Land to be released.
{b} Nothing ~n this Lease negates the usual rn~pl~ed covenants un osed
upon Lessee.
{c} Lessee wzll conduct all operations hereunder in compliance with
the rules o the railroadomission of Teas and federal and state environmental laws
and regulations. Lessee will give Lessor t Ieast ten days rior native in writin before
.. p g
conducting drrll~ng, recomletion, ar reworing operations under the Land, U on re nest
b Le ~ ~ P ~
y ssor~ Lessee shall f-urmsh to Lessor copes of ppltcat~ons to drill, Bail drilli~ re-
. ~'
parts, well tests, completion reports, plugging records, gas purchase contracts, and ra-
p
gage 11~ o~ ~ ~- QII. A~ ~ ~~
City o~Dento~~ros~ T~rn~be~s Paxk Leased{w~;02271~7]
s:lour doc~men~slco~trac~1~71cross tit~~ers dark lease ~ 1 jmY~'T [dal}.dos
duction reports. Lessor has the right, persanaiiy or by re resentative at Lessor's risk of
~ ~ ,
access to the derrick Haar to observe a~i operations on all wells drilled an the Land. Les-
sor will have the right to inspect and tape samples of alI cores and cut~n s and witness
. i
the taking of ail Iogs and dr~lli stem tests, and Lessee agrees to furnish Lessor with co ies
of ail to s an ~
g surveys taken promptly after taking them, Lessee will divul a to Lessor
g
correct information as requested by Lessor as to each wets, the roductian therefrarn and
. P
such technical ~nfarmat~on as Lessee may acquire, Lessor has the ri t to be resent
when wells or tanks axe gauged and production metered and has the ri ht to examine ail
. g
run tickets and to have full 1nforlnat~an as to praduct~vn and runs and to receive co ies of
p
ail run ticl~ets upon request.
~d} The term "productlQn" means production in paying quantities. No
obligation of Lessee to pay money under this Lease will be excused or dela ed b reason
Y y
of Farce ajeure, Lessee's obligations to pay money under this Lease are to be r-
formed in Benton bounty, Texas. Paragraph headings are used in this Lease for coriveni~
ence only and are not to be considered in the interpretation or construction of this Lease.
The execution ar ratifcatian by Lessor of any division order, as contract or an other
. ~ y
document will not alter any pravis~on of this Lease unless the intent to do sa is ex ressl
,p; ~'
stated in the dacun~ent. Lessee agrees to ash to Lessor a copy of each title a man or
P
report obtained by Lessee that cavern all ar any park of the Land to ether with a co of
~ f ~ ~Y
each title curative document obtained by Lessee.
~e~ Lessor shall have the right to inspect alI records of Lessee relatin
g
to this Lease, operat~ans conducted on the Lease, the safe and marketin of roductian
.g p
from the Lease, and the payment of royait~es, rnciudin the ~ t to audit Lessee's books
g
insofar a they relate to the foregoing,
. ~ ~ o~npliance with ~r~lling ~~di~~nee. Lessee shah, before
dr~Iling and well which contains any of the Land ~ the well's drillin ut or Doled unit
. g p
amply with the 1ty of ~enton's ordinances to include, but not ii~nited to havin a final
g
approved plat.
+ fig} This Lease is binding upon and far the benefit of Lessor, Lessee
and their respective heixs, personal representatives, successors, and assi s.
~ 1. N~emorandum of ~ca~e. As evidence of this Lease, Lessor and Lessee
agree in its stead, to enter into and record in the Real Pia a Records of Denton Ca -
p ~ un
ty, Texas a IVIE~I-I~R~NDUM of CEASE.
executed on the date f>rst written above.
gage ~ ~ of ~~~ on Axn GAS ~E
(~t~ of Deriton~~ross Timbers Park Lcas~}~sw~;U2~707~
s:lo~r doc~tme~t~lcontracts1~71cross timbers park lease l l~~n~7 final}.doe
s-.f J.J ~1 La
CITY 0~ 1]ENTO~I, T~xAS, ~ home r~ie n~un~e~ ail
E~~E , CAMPBELL, CITY ANAEI~
ATTEST':
,~ENN~PER ALTERS, CITY SECRETARY
~Yi
APPR~~~D AS T~ LEGAL ~`~R:
ED SNYDER, CITY ATT~~NEY
BY:
STATE OF TEXAS §
COUNTY OF DENTON §
Before e. the under ed n '
n otary pub~~c,
on this day personably appeared EIRE , CAp~EL~- e Ci
N~anaer of the
CITY ~~ ~E~T~1~, mho is known to nee to be the
person whose name is subscribed to
the foregoing instrument, and acl~no~rted ed to me that she exe '
g cured. that ~nstr~unent for
the purposes and consideration therein a resell. -
iv~en under nay hand and seal of office this
day of
~~~~.
Notary Aublrc, Mate of Texas
~~$~ 1 ~ Of i ~~ ~tL AND CrAS LEASC
(City of ~ento~ICross Timbers Park lease}[swh;0~?Q7]
s.laur ~~centslcnnt~ractsl~'?'lcross ti~nt~ers perk lean ~ ~,~~n47 ~f~al}.hoc
LESSEE.
EN~EA~~~ ~r~V I. lti1:rV~r~1~,~
L,P.
BY:
PRITEI] NAME:
APA~I~Y:
STATE OF TEXAS §
COUNTY OF §
before ~~, ,the u.nder~ ed na ub~ic an
. 'Y P
th1.s day peranal~y appeared e
of Endeavor Energy Resources, L.P. ~vha i known
to nee to he the person ~vhase name ~ subscribed to the fare ain i~trument and ae-
g
knawledged to me that hels~ie executed that instrument far the aces and eansidera,
tan therein expressed.
~ri~en under my hand and seal of af~ice this da of
y ~ - ~~~
X007.
Notary Public, State afTexas
Page ~ 3 0~ 13- q~, Anm G~ LEASE
~i ofDentvnlCross T~m~ers Park lease}~swh;~~~?0~~
s.lou~ docw~~n~slcon~rac~s1071cross t~nbers paxk ~ea~e 11 jun~7' (final}.dog
u~~~:
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EXHIBIT A2
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LET 39, BLACK 1
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RYAS RAI~C~ rn CI1
1f OF DEiVTOI~
~ l:'HASE 1
CAB, , P. 920
~ '
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OL 2~4, P, X91 ~
"UkKE FORE`Sf PARK"
~~ ~~ ~a ~l. T,
N 21'48'14 E 2fifi.9~ ~
~ N 88'32'21" E 253.8}
N 00'~7~04" E ~~.~~
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~ ' BNQEAVOIi ENr RESGURCES
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N 1 ~ 19 04 342.3 PHASE ! ~ ~
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~ ~ '~ i C.F.N. -i a~734
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CAB. S, P. 12C
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PHASE 3, SECTION A
. ~~ ~. ~~
~~~
LEASE EXHIBIT
TRACT 5 ACh~E MEOAUN~T
CITY OIL ~EI~T~N ~~~~~l S~QI~~S
DENTON COUNTY, T~~CA ~ 5~ 60 ~Il~ 11~ ~I1
4
DAWN, CF JOB ~. 1315 ~• ~, ~DX 6~6 OENTQN, T~~fAS 76$0
CHECICEp: WIC PATE: 3-23-D7 PH~940}~65-8~15,FA~ {940}5~5-980,
REV~~Ep: N/A 50ALE; 1 " = 3Q0' 0 5~ 3 p U V~WV~.C~LE~IANSU~YEYING.Ca~I
X007 COL.EwIAN ~ ASSOC, SLIRYE1CiNG
AGENDA INFORMATION SHEET
AGENDA DATE: June 19, 2007
DEPARTMENT: Planning and Development Department
ACM: Howard Martin, 349-8232
SUBJECT - Z06-0026 (Hills of Denton)
Hold a public hearing and consider an ordinance regarding the rezoning of approximately
2,120 acres from Neighborhood Residential 2 (NR-2), Neighborhood Residential 3 (NR-
3), Neighborhood Residential (NR-4), Neighborhood Residential 6 (NR-6),
Neighborhood Residential Mixed Use 12 (NRMU-12), Neighborhood Residential Mixed
Use (NRMU), Commercial Mixed Use General (CM-G), Planned Development (PD-120)
and Rural Residential (RD-5) zoning districts to the Hills of Denton Master Plan
Community (Hills of Denton MPC) zoning district. The property is generally located
north of Loop 288, west of Locust Street (F.M. 2164), south of Milam Road and east of
Bonnie Brae Street. The Planning and Zoning Commission recommends approval of this
rezoning request (7-0) subject to three conditions.
Staff recommends that this item be continued to the next scheduled City Council public
hearing date of July 17, 2007. The purpose of the continuation is to allow for staff and
the applicant more time to address additional comments prior to bringing it forward to
Clty COU11c11.
BACKGROUND
Applicant: Tomlin Investments Addison, TX
On April 3, 2007, the City voluntarily annexed approximately 1,199 acres into the City of
Denton. The recently annexed property is part of the 2,120 acres the applicant is
requesting to rezone into a Hills of Denton MPC zoning district. The Hills of Denton
MPC is being designed as a traditional mixed-use development. The development will
consist of approximately 1,427 acres of Single Family development, approximately 146
acres of Town home development, approximately 110 acres of Multi-Family
development, approximately 183 acres of Commercial, approximately 93 acres of
Office/Commercial development, approximately 57 acres of Town Center Commercial
development, and approximately 104 acres of Town Center Residential development. The
Master Planned Community also includes amenities such as Corridors, Trails, Project
Entry, Ponds, an Amenity Center, Community Centers and Hike and Bike Trails.
On May 9, 2007, The Planning and Zoning Commission recommended approval of this
rezoning request (7-0) subject to the following three conditions:
1. That a legal review is completed and a development plan map is included; and
2. That a phasing plan is included; and
3. That a developer's agreement for water and sewer improvements is approved.
The following are development thresholds that apply to only the Hills of Denton development:
Maximum Number of Single-Family 5,708
Detached Units
Maximum Number of Single-Family 1,756
Attached Town-home Units
Average Single-Family Density 4.74 units per acre
(includes Town-homes)
Maximum number ofMulti-family 2,204
Units
Average Multi-family Density 20 units per acre
Maximum number of Units in Town 4,152
Center ~*
Total Number of Units 13,820
Single-family to Multi-family Ratio 54°%o SF to 46° 01~1F
(including Town Center)
Single-family to Multi-family Ratio 77?~ o SF to 22.8° o I~IF
(excluding Town Center)'
A minimum of 2,000 single-family houses shall be constructed (permitted)
prior to any multi-family units being constructed.
* Based on average maximum density allowed and excludes Town Center.
Maximum number of Multi-family units (excluding the Town Center) shall
not exceed 2,204 units.
*'~Based on Zoning (30 units per acre in Town Center Residential and 18
units per acre in Town Center Commercial).
On May 30, 2007, the Public Utilities Board recommended approval of a Developer's
Agreement regarding water and wastewater. The agreement was considered and adopted
by City Council on June 5, 2007.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
April 3, 2007 City Council held the second and final reading of the Ordinance to
voluntarily annex approximately 1,199 acres of land, which is part
of the Hills of Denton Master Planned Community Development.
April 1 1, 2007 Planning and Zoning Commission Work Session
April 18, 2007 Planning and Zoning Commission Work Session
May 9, 2007 Planning and Zoning Commission Public Hearing
May 30, 2007 Public Utilities Board Meeting
OPTIONS
1. Continue to next City Council public hearing date of July 17, 2007.
2. Deny continuation and hold public hearing.
3. Table item.
RECOMMENDATION
Staff recommends that this item be continued to the next City Council public hearing date
of July 17, 2007.
F,XHTRTT~
1. Staff Analysis
2. Proposed Concept Plan
3. Conceptual Single-Family Density Distribution
4. Proposed MPC Zoning Document
5. Proposed MPC Development Standards Document
6. Existing Conditions
7. Existing Zoning Map
8. Proposed Zoning Map
9. Phasing Plan
10. Future Land Use Map
11. Notification Information
12. May 9, 2007 Planning and Zoning Commission Minutes
Respectfully submitted:
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Brian Lockley, AICP,
Interim Director of Planning and
Development
Prepared by:
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Ron Mengutia
Planner III
EXHIBIT 1
PLANNING & DEVELOPMENT
STAFF ANALYSIS
CASE NO.: Z06-0026 DATE TO BE CONSIDERED: June 19, 2007
LOCATION: The property is generally located north of Loop 288, west of Locust Street
(F.M. 2164), south of Milam Road and east of Bonnie Brae Street.
APPLICANT:
OWNER:
Tomlin Investments
4265 Kellway Circle
Addison, TX 75001
Denton 288 L.P.
4265 Kellway Circle
Addison, TX 75001
REQUEST: Consider to rezone approximately 2,120 acres of land from
Neighborhood Residential 2 (NR-2), Neighborhood Residential 3
(NR-3), Neighborhood Residential (NR-4), Neighborhood
Residential 6 (NR-6), Neighborhood Residential Mixed Use 12
(NRMU-12), Neighborhood Residential Mixed Use (NRMU),
Commercial Mixed Use General (CM-G), Planned Development
(PD-120) and Rural Residential (RD-5) zoning districts to the Hills of
Denton Master Plan Community (Hills of Denton MPC) zoning
district.
RECOMMENDATION: The Planning and Zoning Commission recommends approval of this
rezoning request (7-0).
COMPREHENSIVE The subject site is located within the Rural Areas, Neighborhood Centers,
PLAN DESIGNATION: and Commercial Mixed Use Centers future land use designations.
SITE AND The approximately 2,120 acres site is currently undeveloped except for
SURROUNDINGS: some existing structures. There are approximately nine existing structures
on site, all of which will be removed.
North: Extraterritorial Jurisdiction (ETJ)
South: Regional Center Commercial Neighborhood (RCC-N) and Planned
Development (PD-120)
East: Neighborhood Residential2 (NR-2), Neighborhood Residential4 (NR-4),
Neighborhood Residential6 (NR-6), Neighborhood Residential Mixed Use
(NRMU) and Commercial Mixed Use General (CM-G)
West: Extraterritorial Jurisdiction (ETJ)
BACKGROUND On April 3, 2007, the City voluntarily annexed approximately 1,199 acres
INFORMATION: into the City of Denton. The recently annexed property is part of the 2,120
acres the applicant is requesting to rezone into a Hills of Denton MPC
zoning district.
The Hills of Denton MPC consists of approximately 2,120 acres and
encompasses a traditional mixed-use development. The development will
consist of approximately 1,427 acres of Single Family development,
approximately 146 acres of Town home development, approximately 110
acres of Multi-Family development, approximately 183 acres of
Commercial, approximately 93 acres of OfficelCommercial development,
approximately 57 acres of Town Center Commercial development, and
approximately 104 acres of Town Center Residential development. The
Master Planned Community also includes amenities such as Corridors,
Trails, Project Entrys, Ponds, an Amenity Center, Community Centers and
Hike and Bike Trails (see Exhibit 1).
ANALYSIS:
Comprehensive Plan On March 27, 2007, City Council adopted an ordinance that exempted
Analysis: Master Planned Communities from the requirements of processing a
Comprehensive Plan amendment as part of the MPC proposal if the MPC
incorporates the goals and objectives of the Denton Plan. The proposed
MPC proposal is consistent with the goals and objectives of the Denton
Plan.
Development Pursuant to Subchapter 35.7.12.2.D.1 of the Denton Development Code, the
Code/Zoning Analysis Hills of Denton MPC must comply with the Code, except where
modifications are proposed. The applicant has submitted a MPC Zoning
Document and MPC Development Standards Documents that outlines the
alternative development regulations and standards that deviate from the
provisions of the Denton Development Code.
The following are alternative development regulations and standards the
applicant is proposing to deviate from:
Subchapter 5 of the Development Code is replaced with the following
zoning districts:
SF Single Family Residential
TH Town Homes (Attached Single-Family)
MF Multi-family Residential
C Commercial
O Office
TCC Town Center Commercial
TCR Town Center Residential
Only land use categories listed in Exhibit 4, MPC Zoning Document are
permitted in the Hills of Denton development. A list of permitted uses, uses
permitted with a Specific Use Permit (SUP), and limitations for each of the
land use categories are presented in Exhibit 4.
The following general regulations apply to only the Hills of Denton
development.
General Regulations:
General Re ulations SF TH MF C 0 TCC TCR
Minimum lot area (square
feet) 5,500 None 2,500 2,500 2,500 None None
Minimum lot width None None 20' S0' S0' None None
Minimum lot depth None None 50' None None None None
Minimum front yard setback 20' 10' None None 10' None None
Minimum side yard 0' 0' 6' None None None None
Minimum setback between 10' 10' N/A NIA N/A NIA NIA
dwellings
Minimum side yard adjacent ' ' '
10 10 None None 10 None None
to a street
Minimum yard abutting a
residential use N/A N/A 20' 20' 20' 0' 0'
or district
Density (dwelling units per
acre) 4 12 20 0 0 18 30
Maximum FAR NIA N/A N/A 1.5 1.5 3.0 1.5
Minimum residential unit ~ ~
size (square feet) 1,800 1,400 500 500 0 750 750
Maximum lot coverage 70% 80% 80% 80% 85% 85% 90%
Minimum landscape area 30% 20% 20% 20% 15% 15% 10%
Maximum building height 45' 45' 65' 65' 100' 100' 100'
* Minimum setback between townhouse dwellings (attached single family) refers to
groupings of units not individual units.
** Minimum residential unit size may be reduced to 1,300 square feet for an Active Adult
Retirement Community (see Site Design Standards for required architectural features)
Clustering Standards/Density Transfer:
Non-Attached single-family residential units may be clustered within the SF
(Single-Family) zoning districts provided the following standards are met:
A. The maximum number of single-family units built in the SF (Single-
Family) zoning districts may not exceed 5,708 units.
a. The total number of platted single-family lots shall be tracked by
the developer as individual Final Plats are submitted for review. (4
units per acre) is the controlling be transferred under common
ownership.
The following are development thresholds that apply to only the Hills of
Denton development.
Development Thresholds:
Maximum Number of Single-Family Units 7,464
Average Single-Family Density (includes
TIC 4.74 units per acre
Maximum number of Multi-family Units' 2,204
Average Multi-family Density 20 units per acre
Single-family to Multi-family Ratios 77.2% SF to 22.8% MF
Maximum number of Units in Town Center
~~ 4,153
Single-family to Multi-family Ratio 54% SF to 46% MF
(including Town Center)
A minimum of 2,000 single-family houses shall be constructed (permitted) prior to any multi-
family units being constructed.
'~ Based on average maximum density allowed and Excludes Town Center. Maximum
number of MF units excludin the Town Center shall not exceed 2,204 units.
'~'~Based on Zoning (30 units per acre in TCR and 18 units per acre in TCC).
The single-family land use including townhomes has an overall density of
4.74 per acre. Staff had concerns with the proposed single-family use not
having different densities. After meeting with staff the applicant is
proposing a Conceptual Single-Family Density Distribution Exhibit (see
Exhibit 2) to provide a density distribution goal for single-family use. The
exhibit illustrates a distribution of density areas. The exhibits illustrates a
density of 5.5 units per acre close to the Town Center, 4.5 units per acre
extending north away from the Town Center, and 3 units per acre along the
northern boundary buffered from the Town Center by the other two density
areas.
In addition to Subchapter 5, the applicant is proposing to deviate from
Subchapter 13, 14, 15, 16, 17 and 23. The propose language to these
subchapters are presented in Exhibit 5, MPC Development Standards
Document.
Because the MPC is proposing a new set of zoning districts, new standards
and requirements by zoning district and land use categories had to be
modified and/or created. The new standards and requirements are presented
in Exhibit 5. The Hills of Denton MPC development shall comply with all
standards and requirements in Subchapter 3 5 except as described in Exhibit
5.
Modifications to the Denton Development Code include the following:
^ creating a new landscape and tree canopy requirements
(requirements are generally less restrictive than what is currently in
the code)
^ modifying access, parking and circulation requirements
^ permitting parking structures
^ permitting parking in front in all districts except Town Center
Commercial and Town Center Residential
^ modifying site development requirements/standards for single-
family, multi-family and non-residential (commercial and office
buildings)
^ creating site development standards for Town Center Multi Family,
Town Center Nonresidential and Mixed Use Buildings, and Big
Box
^ modifying existing parking space requirements and adding new
parking space requirements for new land uses
^ creating a graphic exception for effective area of signs
^ modifying expiration time for General Development Plans and
Preliminary Plats
^ permitting through lots
^ permitting up to 10% of an area that may be disturbed for trails and
clearings, but no closer than 25 feet from the stream bank within a
Riparian Buffer and Wetland Related Habitat
DEPARTMENT AND The Development Review Committee reviewed the rezoning request and
AGENCY REVIEW: provided comments and general information. Staff is working with the
applicant to address the following comments.
Planning:
^ According to the Master Plan Community ordinance, the zoning
document should provide within the development, the approximate
locations for schools, fire stations and police stations. These
services are proposed, but the locations of these services have not
yet been identified on the plan.
The applicant's response "If ire stations, police stations, libraries
or other public facilities are needed in the future, the applicant will
work with and or negotiate with the City and the associated
departments on appropriate locations for those uses. The applicant
will also meet with the Parks Department on this issue and will
strive to locate school sites adjacent to parks and open space. "
Engineering:
^ A developer's agreement for the Water and Waste Water must be in
place prior to the release of water, waste water and drainage
comments.
^ Staff will not support block length of 1000 feet and a cul-de-sac
length of 1000 feet.
Any platting related comments will be addressed during the platting
of the development.
FINDINGS: Pursuant to Subchapter 35.7.12.6, before approval or adoption of an
application for a MPC Zoning Document, the Planning and Zoning
Commission shall find:
A. That the development proposed furthers the goals of the Denton
Plan.
The subject site is located within the Rural Areas, Neighborhood
Centers, and Commercial Mixed Use Centers future land use
designations. According to the Denton Plan, the future land use
designations are described as follows:
Large-Lot Rural
Single family large-lot residential uses will be regulated. Outside of
the urbanizing areas the size of the lots will be based on Denton
County requirements. The remaining land within these areas would
remain as agricultural uses.
The applicant is proposing low density single family development
within the Rural Areas future land use designation. In addition, the
applicant is proposing to preserve approximately 300 acres of
floodplain where much of the Rural Areas future land use
designation is located.
Nei,~hborhood Centers/New Neighborhoods
Within the undeveloped urban and urbanizing areas of the city, new
neighborhoods may develop in conventional patterns. Mixed-use
and mixed housing types will also 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 inter-relationship between quality of
development, density, services and provision for adequate facilities.
These developments should locate the center of the neighborhood
within a S- to 10-minute walking distance from the edge of the
neighborhood. The center contains uses necessary to support the
surrounding neighborhood. These support uses could include
service-oriented retail such as a small grocery, hair salon, dry
cleaner or small professional offices. Residential uses may occur at
higher densities with townhomes or residential flats above service
oriented uses. Open space is encouraged in neighborhood centers
with park uses including central neighborhood "greens " and
floodplain preservation. Civic uses such as fire stations, schools,
libraries, and mass transportation nodes are encouraged to be
essential elements of neighborhood centers as landmarks that are a
focus to the neighborhood. Limited multistory development in the
neighborhood may be developed to incorporate shops on the
ground floor and offices or residences on the upper floors.
Neighborhood centers may develop with uses to serve individual
neighborhoods as well as the entire city and surrounding area if
designed as part of a comprehensively planned large-scale
development of 125 acres and above.
The Neighborhood Centers land use designation allows new
neighborhoods to develop in conventional patterns. It also allows
for mixed-use and mixed housing types. The applicant's proposed
zoning map is generally consistent with what is designated on the
future land use plan.
Community Mixed-Use Activity Center
The focus area of a community activity center contains the
shopping, services, recreation, employment, and institutional
facilities that are required and supported by the surrounding
community. Thus, a community activity center could contain a
supermarket, drug store, specialty shops, service stations, one or
more large places of worship, a community park, mid-size offices,
and employers, high- to moderate-density housing, and perhaps an
elementary or middle school. It includes vertically integrated uses
where different uses may occur on each floor of the building. Areas
within the Community Mixed Use Activity Centers may be
developed with uses to serve the entire city and with supportive
residential and commercial uses if designed as part of the
comprehensively planned development of 125 acres and above.
The future land use plan identifies the northwest corner of Locust
and Loop 288 as Commercial Centers (see Exhibit 10). As
described above the focus area of a community activity center
contains the shopping, services, recreation, employment, and
institutional facilities that are required and supported by the
surrounding community. The applicant's proposed zoning map is
generally consistent with what is designated on the future land use
plan.
The Hills of Denton MPC is consistent with the goals of the Denton
Plan.
B. In the case of proposed residential development, that the
development will promote compatible buildings and uses and that it
will be compatible with the character of the surrounding area.
The proposed residential development by utilizing the general
regulations and site design standards outlined in the Hills of
Denton MPC will promote compatible buildings and uses. The
surrounding area is rural and generally undeveloped. As
development occurs along the periphery, buffer and screening
requirements will be required to provide compatibility with the
character of the surrounding area.
C. That the provisions for public facilities such as schools, fire
protection, law enforcement, water, wastewater, streets, public
services and parks are adequate to serve the anticipated population
within the MPC District.
Based on the Cost Impact Analysis conducted by the applicant the
following information is provided.'
Schools
The analysis identified the type and number of schools required
based on the anticipated population within the MPC District.
Based on Denton Independent School District factors, S elementary
schools, 1.5 Middle Schools, and 0.7 High Schools will be needed
to support the development.
Water
A 36' water transmission line exists along the south side of the
subject property (north side of Loop 288) from a point
approximately 5000 feet west of Locust to Locust and beyond to the
east.
Water mains internal to the project will be designed and
constructed to provide water service to the entire project from this
36" main. Due to water pressure considerations, services above
approximately elevation 705 msl will not be able to be served from
this line. Due to the limited amount of land in the project above
elevation 705 msl it is currently not anticipated that any property
above 705 msl will need to be served.
Sanitary Sewer
The city has acquired a treatment plant site and identified a
sanitary sewer interceptor alignment for the Clear Creek Treatment
Plant and interceptor. This proposed interceptor would extend up
and into the subject tract along Milan Creek. Depending on the
cities analysis of other basin needs an interim solution to the
construction of the Clear Creek Plant may be considered.
One interim solution may be to place a lift station on the Milan
Creek Interceptor and force flow south along Stuart Road to an
existing gravity sewer south of Loop 288.
Sanitary Sewer mains within the project will be designed and
constructed so that all flows will be delivered to the Milan Creek
Interceptor.
Drainage
Virtually the entire project drains to drainage courses located on
the project which in turn drain into a section of Milan Creek which
is also located entirely on the subject property.
The current intent of the project is to preserve existing drainage
courses in greenbelt buffers, in part, to convey storm water runoff
to Milan Creek and downstream.
Preservation of these natural drainage courses will also eliminate
the need for onsite detention. Internal drainage systems will be
designed and built to convey storm water runoff to these drainage
courses located on the property. No offsite easements are
anticipated at this time.
Traffic
The project developers have coordinated with the Mobility
Committee and support the current Mobility Plan amendment which
identifies several arterial roadways in the project.
Detailed traffic analysis will be performed with design phases to
justify the size and location of these roadways. Preliminary trip
generation projections for the planned project were taken into
account when preparing the proposed Mobility Plan Amendment.
D. In the case of proposed commercial, industrial, institutional,
recreational and other non-residential uses or mixed-uses, that such
development will be appropriate in area, location and overall
planning for the purpose intended.
The location of proposed commercial, institutional, recreational
and other non-residential uses or mixed-uses is proposed in
appropriate areas. The majority of the proposed Commercial and
Office zoning districts are located at the northwest corner Locust
and Loop 288. There are four other proposed Commercial zoning
districts located along major arterials located throughout the
development (see Exhibit 2).
Recreational and other non-residential uses or mixed-uses are
proposed within the Town Center zoning districts. The Town
Center zoning districts are located close to higher density and
more intense uses and where two major arterials meet.
E. That the development is fiscally sound, as demonstrated in the Cost
Impact Analysis, and is consistent with adopted policies,
infrastructure plans and applicable Capital Improvement Programs
(CIP) and that the Development Plan sets forth the phasing and the
plan for paying for the infrastructure and responsibilities for
payment.
The City of Denton Utilities and Legal Departments and the
owner/developer have been negotiating an agreement for the
pNOVisions for sanitary seweN and wateN facilities for the
development for approximately one year. In negotiating this
agreement City Utility Department representatives considered
pNOject Nequirements and impacts to planned city facilities to
serve the project and the entire Clear Creek basin of north
Denton. The agNeement clearly consideNS project water and
sewer layout, demand, and loading requirements and the
schedule at which additional infoNmation will be NequiNed.
The agreement requires the owner to pay the City One Million
DollaNS foN which the City will build the first phase of the
Clear Creek interceptor and treatment plant/lift station
alteNnatives.
Exhibit 2
Concept Pla n
2,120.6 TOTAL ACRES
L~NI~ UE~
^ Single Family ~~,427 +~- acres
1 Tawnf~ome ~~4~u.3 +l-acres}
_1 Multi-Family ~~~~.2 +~- acres
~~1
l_ ~ commercial ~~~~.~ +l- acres
ETJ
^ office I commercial ~~~ +1-acres)
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^ T~wr~Center Residential ~~~4.1 +1- aces ~ ~, ~---.._ . -
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E~ibit 4
Case Managers Copy
Items in Blue indicate deviation from code
or additional standards, item in green indicate revisions
from the previous submission
Hills of Denton
Zoning Districts and Limitations
May 2007
Planner: Developer:
Spring Brook Planning Group Tomlin Investments
2405 Mustang Drive 4265 Kellway Circle
Grapevine, TX 76051 Addison, TX 75001
Land Use Districts and Limitations:
Subchapter 5 of the Development Code is replaced with the following:
Only uses listed in the tables below are permitted in the Hills of Denton development. If
there is a question as to whether a use not listed below is permitted, the Director of Planning
shall make a determination whether the use is permitted or prohibited.
SF Single Family Residential
TH Town Homes (Attached Single-Family)
MF Multi-family Residential
C Commercial
0 Office
TCC Town Center Commercial
TCR Town Center Residential
Permitted use Table:
Residential Land Use Categories SF TH MF C 0 TCC TCR
Agriculture HL(11) HL(11) HL(11) HL(11) HL(11) HL(11) HL(11)
Livestock HL(2) N N N N N N
Sin le Famil Dwellin s P P N N N N N
Accesso Dwellin Units
~ g SUP
HL(1) N N N N N N
Attached Single Family Dwellings SUP P HL(10) N N P P
Dwellings Above Businesses N N P P N P P
Live/Work Units N HL(5) P P N P P
Duplexes N P N N N N N
Community Homes For the Disabled P P P P N N P
Group Homes N N SUP N N N SUP
Multi-Family Dwellings N N P N N P P
Manufactured Housing Developments N SUP SUP N N N N
P = Permitted, N =Not Permitted, SUP =Specific Use Permit Required, L(X) =Limited as defined on page 4 of this
section
Revised 5/31/2007 Hills of Denton
Zoning Districts and Limitations
Page 1 of 5
Commercial Uses SF TH MF C 0 TCC TCR
Home Occupation P P P N N P P
Sales of Product Grown on Site N N N P N N N
Hotels N N P P P P P
Motels N N N P N N N
Bed and Breakfast N N P P SUP P N
Retail Sales and Service N N HL(6) P P P P
Movie Theaters N N N SUP N P SUP
Restaurant or Private Club N N HL(3) P P P P
Drive-through Facility N N SUP P P N N
Professional Services and Office N N HL(6) P P P P
Quick Vehicle Servicing N N SUP P P N N
Vehicle Repair N N N P P N N
Auto and RV Sales N N N P P N N
Laundry Facilities N N P P P P P
Equestrian Facilities SUP N N N N N N
Outdoor Recreation P P SUP P N N N
Indoor Recreation P P N P N N N
Major Event Entertainment N N N SUP N P N
Commercial Parking Lots N N N P P P P
Administrative or Research Facility N N HL(4) P P N N
Broadcasting of Production Studio N N HL(4) P P N N
Sexually Oriented Business N N N N N N N
Temporary Uses H L(9) H L(9) H L(9) H L(9) H L(9) H L(9) H L(9)
P = Permitted, N =Not Permitted, SUP =Specific Use Permit Required, L(X) =Limited as defined on page 4 of this
section
Industrial Land Use Categories SF TH MF C 0 TCC TCR
Printing /Publishing N N N P P N N
Bakeries N N N P P P P
Manufacture ofNon-odoriferous Foods N N N N P N N
Feed Lots N N N N N N N
Food Processing N N N N N N N
Light Manufacturing N N N N P N N
Heavy Manufacturing N N N N N N N
Wholesale Sales N N N N N N N
Wholesale Nurseries HL(12) HL(12) HL(12) HL(12) HL(12) HL(12) HL(12)
Distribution Center N N N N N N N
Wholesale Storage and Distribution N N N N N N N
Self-service Storage N N N N SUP N N
Construction Materials Sales N N N N N N N
Junk Yards and Auto Wrecking N N N N N N N
Kennels N N N N N N N
Veterinary Clinics N N P P N N N
Sanitary Landfills, Commercial
Incinerators, Transfer Station N N N N N N N
Gas Wells SUP
HL(8) SUP
HL(8) SUP
HL(8) SUP
HL(8) SUP
HL(8) N N
P = Permitted, N =Not Permitted, SUP =Specific Use Permit Required, L(X) =Limited as defined on page 4 of this
section
Revised 5/31/2007 Hills of Denton
Zoning Districts and Limitations
Page 2 of 6
Institutional Land Use Categories SF TH MF C Off TCC TCR
Basic Utilities H L(7) H L(7) H L(7) SUP SUP N N
Community Services N N P P P P P
Parks and Open Space P P P P P P P
Churches P P P P P P N
Semi-public, Halls, Clubs and Lodges SUP SUP P P P P N
Business /Trade School N N HL(4) P P N N
Adult or Child Day Care SUP SUP P P P P N
Kindergarten, Elementary School P P P N N N N
Middle School P P P N N N N
High School N N SUP N P N N
Colleges N N P P P P P
Hospital N N N N P N N
Elderly Housing N SUP P N N P P
Medical Centers N N P P P P N
Cemeteries N N N N N N N
Mortuaries N N N P N N N
P = Permitted, N =Not Permitted, SUP =Specific Use Permit Required, L(X) =Limited as defined on page 4 of this
section.
Revised 5/31/2007 Hills of Denton
Zoning Districts and Limitations
Page 3 of 6
Hills of Denton Limitations:
The following define the limitations to land uses when the use table identifies a use as
permitted, but limited.
HL(1) =Accessory dwelling units are permitted, subject to the following additional criteria:
1. The proposal must conform to the overall maximum lot coverage and setback requirements of the
district.
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.
4. One additional parking space shall be provided that conforms to the off-street parking provisions
of the Denton Development Code.
HL(2) =Limited too two (2) animals on parcels one (1) to three(3) acres in size. Additional animals may
be added at a rate of one per each acre over three.
HL(3) =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.
HL(4) =Uses are limited to no more than 10,000 square feet of gross floor area.
HL(5) =Uses are limited to no more than 1,500 square feet of gross floor area per lot.
HL(6) =Uses are limited to no more than 20,000 square feet of gross floor area per use. Square footage
may be larger with approval of a Specific Use permit (SUP).
HL(7) = If propose use is within 200 feet of a residential zone, approval is subject to a Specific Use
permit.
HL(8) =Must comply with the provisions of § 35.22 of the Denton Development Code, Gas Well Drilling
and Production.
HL(9) =Must meet the requirements of § 35.12.9 of the Denton Development Code, Temporary Uses.
HL(10) =Limited to a maximum density of 12 units per acre.
HL(11) =Permitted on undeveloped parcels or future phases ofmulti-phased developments. Crops such
as hay or row crops are permitted. Livestock shall be limited to tracts of 5 acres or larger.
HL(12) =Allowed for the purposes of the Hills of Denton development.
Revised 5/31/2007 Hills of Denton
Zoning Districts and Limitations
Page 4 of 6
General Regulations:
General Regulations SF TH MF C 0 TCC TCR
Minimum lot area (square feet) 5,500 None 2,500 2,500 2,500 None None
Minimum lot width None None 20' 50' 50' None None
Minimum lot depth None None 50' None None None None
Minimum frontyard setback 20' 10' None None 10' None None
Minimum side yard 0' 0' 6' None None None None
Minimum setback between dwellings 10' 10'* NIA NIA NIA NIA NIA
Minimum side yard adjacent to a street 10' 10' None None 10' None None
Minimum rear yard 10' 10' 10' None None None None
Minimum yard abutting a residential use
or district NIA NIA 20' 20' 20' 0' 0
Density (dwelling units per acre) 4 12 20 0 0 18 30
Maximum FAR NIA NIA NIA 1.5 1.5 3.0 1.5
Minimum residential unit size (square
feet) **
1, 800
1,400
500
500
0
750
750
Maximum lot covers a 70% 80% 80% 80% 85% 85% 90%
Minimum Landscape area 30% 20% 20% 20% 15% 15% 10%
Maximum building height 45' 45' 65' 65' 100' 100' 100'
* Minimum setback between townhouse dwellings (attached single family) refers to groupings of units not
individual units.
** Minimum detached single-family residential unit size may be reduced to 1,300 square feet for an Active
Adult Retirement Community (see Site Design Standards for required architectural features)
Clustering Standards/Density Transfer
Non-Attached single-family residential units may be clustered within the SF (Single-Family) zoning
districts provided the following standards are met:
A. The maximum number ofsingle-family units built in the SF (Single-Family) zoning districts
may not exceed 5,708 units.
a. The total number of platted single-family lots shall be tracked by the developer as
individual Final Plats are submitted for review (4 units per acre) is the controlling be
transferred under common ownership.
DEVELOPMENT THRESHOLDS:
Maximum Number of Single-Family Units 7,464
Average Single-Family Density (includes TH) 4.74 units per acre
Maximum number of Multi-family Units 2,204
Average Multi-family Density 20 units per acre
Single-family to Multi-family Ratios 77.2% SF to 22.8% MF
Maximum number of Units in Town Center ~ ~ 4,153
Single-family to Multi-family Ratio (including Town Center) 54% SF to 46% MF
A minimum of 2,000 single-family houses shall be constructed (permitted) prior to any
multi-family units being constructed.
~ Based on average maximum density allowed and Excludes Town Center. Maximum
number of MF units (excluding the Town Center) shall not exceed 2,204 units
~~Based on Zoning (30 units per acre in TCR and 18 units per acre in TCC)
Revised 5/31/2007 Hills of Denton
Zoning Districts and Limitations
Page 5 of 6
DEVELOPMENT PLAN MAP:
Prior to any preliminary plat the Developer will submit a General Development Plan (GDP) at
the beginning of each phase and for each phase. The GDP shall include proposed land use,
identify site access, connectivity, general public improvements, parks, and schools (if required).
A GDP shall be reviewed and approved by the Development Review Committee prior to
approval of a preliminary plat or conveyance plat. Instead of a GPD the Developer may submit a
preliminary plat for each phase.
With each submission of a preliminary plat, the developer shall submit a summary of the
detached single-family unit count including but not limited to the number of units proposed in
the preliminary plat, the total number of units proposed to date and the remaining number of
units.
Revised 5/31/2007 Hills of Denton
Zoning Districts and Limitations
Page 6 of 6
Exhibit 5
Case Managers Copy
Items in Blue indicate deviation from code
or additional standards, item in green indicate revisions
from the previous submission
Hills of Denton
Site Design Standards
May 2007
Planner: Developer:
Spring Brook Planning Group Tomlin Investments
2405 Mustang Drive 4265 Kellway Circle
Grapevine, TX 76051 Addison, TX 75001
Landscape and Tree Canopy Requirements:
Landscape and tree canopy requirements shall comply with § 35.13.7.B of the Denton
Development Code with the following exceptions:
Landscape and Tree Canopy Requirements
Percent Tree
Districts Percent Canopy
Landscape Area
Coverage
SF Single Family Residential 30% 40%
TH Town Homes (Attached Single- 20% 40%
Famil
y)
MF Multi-family Residential 20% 35%
C Commercial 20% 3 0%
0 Office 15% 40%
TCC Town Center Commercial 15% 20%
TCR Town Center Residential 10% 20%
Street Tree Requirements:
Street tree requirements shall comply with § 3 5.13.7. C of the Denton Development Code with
the following exceptions:
§35.13.7.C shall be amended as follows:
C. Number and Spacing. Street trees shall be planted by the following requirements:
1. Spacing along street
a. Single Family Residential -spacing of street trees within single-family residential
developments shall be conducted as follows:
(1) A minimum of one (1) tree per lot for developments with spacing not to exceed
60' on center.
(2) Corner lots for all single-family developments shall require two or more street
trees, evenly spaced, depending on the length of frontage on each street for such
lots.
b. Multi-Family Residential, Townhome and Non-residential Developments -spacing
of street trees within multi-family residential, townhome ornon-residential
developments shall be one (1) tree for every 45 linear feet of street frontage.
Revised 5/30/2007 Hills of Denton
Site Design Standards
Page 1 of 26
c. Corner lots -street trees on corner lots for all developments shall be located a
minimum oftwenty-five (25) feet from the property corner adjacent to the street
right-of way intersection.
Revised: 5/30/2007 Hills of Denton
Site Design Standards
Page 2 of 26
Access, Parking and Circulation Requirements:
Access, parking and circulation requirements shall comply with § 35.13.10 of the Denton
Development Code with the following exceptions:
§ 35.13.10.B.1.c. shall be amended as follows:
Surface parking lots with greater than 150 parking spaces or more shall:
o Be divided into separate areas by landscaped areas or walkways at least 10 feet in
width, or by a building or group of buildings.
o Provide adequate pedestrian circulation within the site. Pedestrian walkways
shall be directly linked to entrances and the internal circulation of the building(s).
o A raised walkway, of a minimum un-obstructive width of 5', shall be installed
through parking areas for developments involving a gross floor area in excess of
40,000 square feet.
§ 35.13.10.B.1.d. shall be amended as follows:
Permeable paving is not required for those surface parking spaces that exceed the number
of parking spaces required. For each additional parking space that exceeds the number of
parking spaces required;
a. 100 sq ft of parking lot tree canopy above and beyond the minimum required,
and/or
b. 10% of additional parking lot open space shall be provided in the parking lot,
and/or
c. Permeable paving, and/or
d. The equivalent amount of open space (i.e.1,000 sq. ft. excess parking =1,000
excess open space above and beyond minimum required) shall be provided within
100' of the parking lot.
e. Any combination of the above.
^ Parking Structures are permitted. All parking structures shall require approval of an
Alternative Development Plan. The intent of such approval is to ensure that the
proposed architectural elevation is appropriate for the character of the area.
Revised: 5/30/2007 Hills of Denton
Site Design Standards
Page 3 of 26
§ 35.13.10.C. shall be amended as follows:
Parking Lot landscaping and Screening Standards.
All parking lots, which for purposes of this section, include areas of vehicle maneuvering,
parking, and loading, shall be landscaped and screened as follows:
1. Landscape Standards.
a. A minimum of 7% of the total parking area shall be landscaped
b. A minimum of 15% of the required parking shall be covered by tree canopy
c. The tree species shall be an appropriate shade tree and shall be selected from the
Tree List in the City of Denton Site Design Criteria Manual.
d. The landscaped and end cap areas shall be planted with trees, shrubs or
groundcover. Landscaped areas should be evenly distributed throughout the
parking area and parking perimeter.
2. Screening at Right of Way.
Any combination of the following may be used. These requirements are in addition to the
street tree requirements:
a. A 3 foot high wall made of any combination of wrought iron, masonry, stone or
ecoratlve concrete pane s.
b. A minimum 1 o foot wide landscape area planted with one large tree for every 40
linear feet, except along areas where parking in front of buildings is permitted.
c. A 3 foot high berm with a maximum 3 on 1 side slopes planted with one large tree
for every 40 linear feet, except along areas where parking in front of buildings is
permltte .
3. Parking between the building and the street is permitted in all districts except Town
Center Commercial and Town Center Residential providing:
a. That the perimeter parking is screened by any one or any combination of the
following;
i. A 3 6" high masonry wall, and/or
11. A minimum 48" high tubular steel /wrought iron style fence with masonry
columns evenly spaced approximately 40' on center, and/or
111. A 25' wide landscape buffer with a minimum 42" high berm with 1 on 4
maximum side slopes.
1. Landscape area must contain one large tree for every 40 linear feet.
b. That the parking area between the building and the street receive:
i. An additional 5% tree canopy above and beyond the 15% required (for a
total of 20%). Additional canopy coverage cannot be credited towards
other canopy requirements.
11. An additional 3% open space above and beyond the 7% required (for a
total of 10%). Additional open space cannot be credited towards other
open space requirements.
111. Parking lots shall provide interior planting islands between parking spaces
at an average of every 1 o parking spaces to avoid long rows of parked
cars. The planting islands shall be a minimum of 153 square feet and be
protected by a 6-inch high curb on all sides and a 12-inch wide concrete
Revised: 5/30/2007 Hills of Denton
Site Design Standards
Page 4 of 26
step-off area adj acent to parking spaces. A large tree shall be planted
within this planting island.
Revised: 5/30/2007 Hills of Denton
Site Design Standards
Page 5 of 26
Hills of Denton Site Development Regulations:
Single-Family Architectural Standards:
Site Development Requirements for Residential Buildings.
Any residential building that is built on a lot of less than 10,000 square feet or contains two
or more dwelling units shall comply with the following standards:
A. Buildings shall utilize at least three of the following architectural features:
1. Dormers
2. Gables
3. Recessed entries, a minimum of 3' deep
4. Covered front porches (The depth of the porch must be at least 6' in depth to receive
credit as an architectural feature).
5. Cupolas
6. Architectural pillars or posts
7. Bay windows, a min. 24" projection
8. Covered front porches that extend along at least 50% of the front facade (excluding the
garage) shall receive credit as two features)
B. The garage door shall not occupy more than 40% of the total building frontage. This
measurement does not apply to garages facing an alley or courtyard entrance such as side
entry garages, commonly referred to as J-swings. Any front facing garage may not extend
beyond the house front. Front facing garages that are at least 30 feet behind the house front
may exceed the 40% frontage minimum.
C. Houses with the same facade (represented by "A"below) must be separated by a minimum
of three lots.
A B C J E L K F A
E D K F A C D B E
D. Duplex buildings shall be designed to appear as a single unit.
E. All walls, except gabled roof areas, which face a public street other than an alley, must
contain at least 25% of the wall space in window, faux windows or doors. Only Faux
windows with shutters are permitted.
F. Primary entrance shall face a public street and sidewalk or be a courtyard entrance.
Revised: 5/30/2007 Hills of Denton
Site Design Standards
Page 6 of 26
G. Windows facing a street shall be provided with trim or shall be recessed. Windows shall not
be flush with exterior wall treatment. Windows shall be provided with an architectural
surround at the jamb.
H. 100% of the surface area of the front side of the residential structure, excluding dormers,
gables, porches, windows, doors, and bay windows, shall be masonry. The total percentage
of masonry on the entire residential structure, excluding dormers, gables, porches, windows,
doors, and bay windows, shall be a minimum of 80%. Masonry includes brick, stone, or
stucco.
I. No exterior combination of brick color, mortar color, and sand color shall be repeated within
200 lineal feet on the same street.
J. A/C compressors, utility meters, and plumbing cleanouts shall be screened from view from
the public right-of way using landscaping or fences. 30" (min.) height on planting material
after two growing seasons. Where possible (for energy efficiency) A/C compressors should
be located on the east or north face of house.
K. Garage access shall not be from a primary or side street when alley access is available.
L. Each detached single-family dwelling shall have a 2 car enclosed garage.
M. The minimum square footage of detached single-family dwellings shall be 1,800 square feet.
This requirement maybe reduced to 1,300 square feet for an active adult retirement
community development. In such cases a minimum of four (4) of the architectural elements
listed in "A" above must be utilized on each structure.
N. A minimum of 10% of the detached single family dwellings shall be a minimum of 2,000
square feet and utilize at least four (4) of the architectural features listed in "A" above.
0. A minimum of 10% of the detached single family dwellings shall be a minimum of 2,200
square feet and utilize at least four (4) of the architectural features listed in "A" above.
P. The minimum square footage of attached single-family dwellings shall be 1,400 square feet
per unit.
Q. The minimum square footage oftwo-family dwellings shall be 1,200 square feet per unit
(2,400 square feet total).
R. All dwellings shall have a roof of slate, the or 20 year composition singles with a weight of
at least 240 pounds per 100 square feet.
S. The roof pitch of the primary structure shall be 6 ft. in 12. minimum.
Revised: 5/30/2007 Hills of Denton
Site Design Standards
Page 7 of 26
MF Regulations:
Any residential building designed for multiple units, either for rental or condominium ownership
and their lots shall comply with the following standards:
A. Orientation.
1. Orientation requirements for all multi unit buildings, except in Town Center.
a.At least 50% of the front yard frontage shall have buildings within 20 feet of the
property line or within 30 feet of the curb line of a private street.
b.Buildings that are located within 20 feet of property line adjacent to a front yard
or within 30 feet of the curb line of a private street shall have at least 40% of
the wall facing the street in window or door areas.
c.Parking areas shall not be located between buildings and the street. Parking lots
maybe located on the sides and behind the buildings.
d.On street parking, if permitted, shall count towards required parking. One on
street parking space shall count as one off street parking space.
2. All projects must contain a public or private street system. All buildings must be
oriented towards the street system, not parking lots. Private streets shall bee
required to include sidewalks of at least 5 feet wide and include street trees
according to the standards required for public streets.
3. The same exterior design may not be used for more than 3 buildings in a project
nor may it be used on adj acent buildings. A variety of compatible exterior
materials' use and type, building styles, massing, composition, and prominent
architectural features, such as door and window openings, porches, rooflines, shall
be used.
B. Building materials.
1. Windows shall be provided with trim. Windows shall not be flush with exterior
wall treatment. Windows shall be provided with an architectural surround at the
~ am .
2. 80% of the surface area of all exterior walls excluding dormers, gables, porches,
windows, doors, and bay windows shall be masonry, provided that 100% masonry
shall be required for the front side of residential structures excluding dormers,
gables, porches, windows, doors, and bay windows. Masonry includes brick,
stone, or stucco. No one masonry element shall be exceed 75% of the entire front
facade. Non-masonry materials includes wood.
3. Metal roofs are permitted provided that they are of architectural quality.
C. Open Space.
1. An area equal to at least 8% of the lot area, excepting required setbacks, shall be
dedicated to open space for recreation for use by the tenants of the development.
a. Private decks, patios and similar areas are eligible for up to 5 percent of
the 8 percent required open space.
Revised: 5/30/2007 Hills of Denton
Site Design Standards
Page 8 of 26
b. Areas covered by shrubs, bark mulch and other ground covers which do
not provide a suitable surface for human use may not be counted toward
this requirement.
2. Play area for children should be provided for projects of grater than 50 units that
are not designated as age limited or student housing.
D. Architectural Requirements
1. Facade modulations/building articulation: Facades must be broken up to give the
appearance of a collection of smaller structures. Elements including but not
limited to balconies, setbacks and projections maybe utilized to articulate
individual units or collections of units. Unarticulated and windowless walls facing
streets or principle access lanes are not permitted.
2. Fronts and street sides of buildings visible from the public right of way or private
street system shall include changes in relief such as columns, cornices, bases,
fenestration, and fluted masonry, for at least 15% of the exterior wall area.
3. Stairwells shall not be the dominant architectural feature along any facade facing
a public street or private street system
4. Accessory structures (including detached garages, carports and storage units)
visible from the public right-of way, private street system and/or adj acent
residential properties shall include at least three (3) of the following on the facade
that is visible:
a. Facade modulation of at least six (6) inches for every thirty (30) feet of
wall length;
b. Multiple building materials (e.g. brick, fieldstone, limestone, marble,
granite, textured block, architectural pre-cast concrete, concrete
composite siding, wood clapboard siding, wood beaded siding, stucco or
vinyl siding);
c. Multiple surface textures (e.g. rough, striated, imprinted, etc.) or
patterns;
d. Separation in roof pitch, variation in direction of roof pitches, inclusion
or dormers, or other variation on roof design; or
5. Use of false door or window openings shall be defined by frames, sills and lintels.
6. Fronts and street sides of buildings visible from the public right of way shall
include changes in relief such as columns, cornices, bases, fenestration, and fluted
masonry, for at least 15% of the exterior wall area.
7. Building frontages greater than 100 feet in length shall have recesses, projections,
windows, arcades or other distinctive features to interrupt the length of the
building facade.
8. Adj acent buildings shall have different elevations.
Revised: 5/30/2007 Hills of Denton
Site Design Standards
Page 9 of 26
9. Any buildings constructed with a flat roof must contain a distinctive finish
consisting of a cornice, banding or other architectural termination.
Revised: 5/30/2007 Hills of Denton
Site Design Standards
Page 10 of 26
Town Center Multi Family Regulations:
Standards:
Multi-family developments within Town Center areas shall, in addition to complying with the
basic site design standards for multi-family buildings, conform to the following standards:
A. Orientation.
1. At least 75% of the front yard frontage shall have buildings within 10 feet of the
ROW.
2. Buildings that are located within 3 0 feet of the property line adjacent to a front
yard shall have at least 40% of the ground story wall facing the street in window
or door areas.
3. Parking areas shall not be located between the building and the street.
4. On street parking, if permitted, shall count towards required parking. One on
street parking space shall count as one off street parking space.
5. Buildings shall be directly accessed from the street and sidewalk.
6. Sidewalks shall be a minimum of 8 feet wide along perimeter streets and 6 feet
wide for all other pedestrian walkways.
7. A minimum of one ground floor pedestrian entrance must be oriented toward the
street and include a porch.
8. Private garages may only be access from alleys or parking lots.
9. Building frontages greater than 100 feet in length shall have recesses, projections,
windows, arcades, or other distinctive features to interrupt the length of the
building facade.
10. Architectural Features. Fronts and street sides of buildings visible from public
right of way shall include changes in relief such as columns, cornices, bases,
fenestrations, and fluted masonry, for at least 15% of the exterior wall area.
11. Height and Bulk. Adj acent buildings shall have different elevations.
12. The top floor of any building must contain a distinctive finish, consisting of a
cornice, banding or other architectural termination.
13 . Parking structures are permitted. The first story adj acent to the street (except that
area needed for access) must contain commercial or retail space. All parking
structures shall require approval of an Alternative Development Plan. The intent
of such approval is to ensure that the proposed architectural elevation is
appropriate for the character of the area
14. Buildings greater than 30 feet in height shall have architectural elements to break the
height of the building facade.
15. Where possible, building shall incorporate different rooflines.
Revised: 5/30/2007 Hills of Denton
Site Design Standards
Page 11 of 26
Non-Residential/Commercial and Office Buildings.
Commercial and office/commercial buildings ormixed-used buildings and their lots not in Town
Center areas shall comply with the following regulations.
A. Orientation.
1. Building frontages greater than 100 feet in length shall have offsets, j ogs, or other
distinctive changes in the building facade to create shadow lines. Offsets and j ogs
shall be a minimum of 2 feet in depth.
2. Buildings shall incorporate arcades, roofs, alcoves, porticoes and awnings as a
design element of the facade. The planting of trees maybe used in place of these
architectural elements.
3. The primary entrance of a building or store shall have a clearly defined, highly
visible customer entrance with distinguishing features such as a canopy, portico or
other prominent element of the architectural design.
4. Buildings shall have their primary orientation towards the street and/or parking
lot.
5. Buildings that are within 3o feet of the street shall have an entrance for
pedestrians from the street to the building interior.
6. Trash storage areas, mechanical equipment, and similar areas are not permitted to
be visible from the street.
7. Loading docks are not permitted to be visible from the street, and may not be
accessed directly from the street.
8. Parking areas that are located between the building and the street shall conform to
the regulations identified in the Access, Parking and Circulation Requirements.
B. Building Materials.
1. Windows shall be provided with trim. Windows shall not be flush with exterior
wall treatment. Windows shall be provided with an architectural surround at the
~ am .
2. Fronts and street sides of buildings visible from the public right of way shall be
100% masonry excluding dormers, gables, porches, windows, doors, and trim.
3. Glass. Use of glass for displays and to allow visual access to interior space is
permitted. Buildings may not incorporate glass for more than 70% of the building
s in.
4. Metal roofs are permitted provided that they are of architectural quality.
Revised: 5/30/2007 Hills of Denton
Site Design Standards
Page 12 of 26
Town Center Nonresidential and Mixed Use Buildings.
Non-residential buildings ormixed-used buildings and their lots a Town Center area shall
comply with the following regulations.
A. Orientation.
1. Buildings shall have their primary orientation toward the street rather than the
parking area. The primary entrance must be readily apparent as a prominent
architectural component and visible from the street.
2. Any ground floor wall which is within 3 o feet of the main street, plaza or other
public open space shall contain at least 50% of the wall area facing the street in
display areas, windows, or doorways. Windows must allow views into working
areas, lobbies, pedestrian entrances or display areas. Walls facing side streets
must contain at least 25% of the wall area facing the street in display areas,
windows, or doorways. Blank walls within 3o feet of the street are prohibited.
Areas oriented towards service areas or loading areas are exempt from this
requirement.
3. At least 60% of the street frontage shall have buildings within 10 feet of the front
property line.
4. Trash areas, mechanical equipment, and similar areas are not permitted to be
visible from the public street, or are not permitted between the building and the
street.
5. Buildings that are open to the public and are within 30 feet of the street shall have
an entrance for pedestrians from the street to the building interior. This entrance
shall be designed to be attractive and functional, be a distinctive and prominent
element of the architectural design, and shall be open to the public during all
usiness ours.
6. Developments shall have a minimum Floor Area Ratio of 0.4. Plazas and
pedestrian areas shall count towards floor area for the purposes of meeting the
minimum floor area ratio.
7. Buildings shall incorporate lighting and changes in mass, surfaces or finish to
give emphasis to entrances.
8. The top floor of any building will contain a distinctive finish, consisting of a
cornice or other architectural termination.
9. Balconies may project over the public right of way, subj ect to an encroachment
agreement issued by the City.
10. Parking areas shall be located in parking garages or in surface lots behind
buildings or on one or both sides. All parking structures shall require approval of
an Alternative Development Plan. The intent of such approval is to ensure that
the proposed architectural elevation is appropriate for the character of the area
B. Building Materials.
Revised: 5/30/2007 Hills of Denton
Site Design Standards
Page 13 of 26
1. Windows shall be provided with trim. Windows shall not be flush with exterior
wall treatment. Windows shall be provided with an architectural surround at the
~ am .
2. Fronts and street sides of buildings visible from the public right of way shall be
100% masonry excluding dormers, gables, porches, windows, doors, and trim.
3. Glass. Use of glass for displays and to allow visual access to interior space is
permitted. Buildings may not incorporate glass for more than 70% of the building
s in.
4. Metal roofs are permitted provided that they are of architectural quality.
5. Buildings shall include changes in relief such as columns, cornices, bases,
fenestration, and fluted masonry, for at least 15% of the exterior wall area.
C. Streetscape.
1. Hardscape (paving material) shall be utilized to designate "people" arrears.
Simple materials could be pavers, scored and colored concrete, grasscrete, or a
combination of the above.
2. Buildings shall be setback not more than 15 feet from the right of way unless the
area is used for pedestrian activities such as a plaza or outside eating area.
3. Outdoor storage areas shall be screened from view from adj acent public rights of
way. Loading facilities shall be screened and buffered when adjacent to
residentially zoned land and public streets.
4. Outdoor storage areas shall not be located between the building and the street.
5. Loading docks are not permitted to be visible from the street, and may not be
accessed directly from the street.
Revised: 5/30/2007 Hills of Denton
Site Design Standards
Page 14 of 26
Big Box Regulations
Development involving a gross floor area in excess of 40,000 square feet shall comply with the
basic site design standards and conform to the following standards.
Building design shall contribute to the uniqueness of the development with predominant
materials, elements, features, color range and activity areas tailored specifically to the site and its
context. In the case of a multiple building development, each individual building shall include
predominant characteristics shared by all buildings in the development so that the development
forms a cohesive place within the zone district or community. A standardized prototype design
shall be modified as necessary to comply with the requirements of this subsection. Developments
involving a gross floor area in excess of 40,000 square feet of a single user shall comply with the
following standards:
A. Orientation:
1. Architectural features on building facades that are visible from Loop 288, Locust, and/or
Gamer/Long Roads (excluding facades facing residential property that are screened by
an eight-foot masonry wall and facades facing the side or rear of property zoned and used
for commercial purposes or industrial purposes) shall provide all of the following design
features:
a. Facade walls shall not have an uninterrupted length in excess of one hundred feet
(110).
b. Facades to provide the following at intervals no greater than one hundred feet (100' )
excluding elements provided in Item d (Entryways) below:
(1) Color change, texture change, and material changes within the walls.
(2) A change in wall plane no less than 12" in depth extending a length of a minimum
of twenty (20').
c. Top of the walls shall have overhanging eaves or horizontal elements. Extending no
less than three (3) feet past the supporting walls, or sloped roof element, or cornice
expressions or coping detail or minimum twelve inches (12") tall.
d. Facades shall also provide at least one of the following:
(1) Wall plane projections or recesses having a depth of at least 3% of the length of
the facade and extending at least 20% of the length of the facade, not to exceed
one hundred feet (100' ).
(2) Pilasters projecting from the plan of the wall by a minimum of sixteen inches
(16"). The use of pilasters to interrupt horizontal patterns such as accent banding
is encourage .
(3) Canopies, awnings, or porticos projecting a minimum of six feet (6') from the
plane of the primary facade walls.
(4) Repetitive orientation including decorative applied features such as wall-mounted
light fixtures or applied materials. Repetitive ornamentation shall be located with
a maximum spacing of fifty feet (50').
Revised: 5/30/2007 Hills of Denton
Site Design Standards
Page 15 of 26
(5) Faux window/framed elements.
e. Entryways. Each large retail establishment on a site shall have clearly defined, highly
visible customer entrances. Stone is required to be used as a maj or portion of a wall
material at each customer entrance.
f. The buildings shall have design elements that emulate the Hills of Denton signature
feature. This includes building materials and architecturally compatible light fixtures.
These elements should occur at entryways
2. Architectural features on building facades that are facing residential property and facades
facing the side or rear or property zoned and used for commercial purposes or industrial
purposes should have the following elements:
a. A pattern that includes all of the following elements at intervals of no more than one
hundred (100') feet, horizontally. The following pattern is also to occur vertically at
least once within the height of the building, above ten feet (10') height:
(1) Color change, texture change, and a change in plane, no less than 2' 8" in width,
such as an offset, reveal or projecting pilaster with a stepped capital or coping.
b. Variation in the top of the wall of a minimum two feet (2') change in height at
maximum of two hundred feet (200') intervals. Peaks, arches, or other expressions of
front wall form are encouraged and should be used.
c. Top of the wall to have a cornice or coping detail a minimum of twelve inches (12")
tall.
3. Sidewalk display and cart storage. Areas for customer loading or merchandise shall be
clearly delineated and shall not be located in front of any customer entrances, exit door(s)
or within fifteen feet (15') on either side of the door(s).
4. Permanent outdoor display, sales and storage. Merchandise may be stored or
displayed for sale to customers on the front or side of the building in accordance with this
paragraph.
a. The total square footage of all permanent outdoor storage, display and sales areas
shall be limited to 10% of the footprint of the building, but in no event exceed 20,000
square feet, except for home improvement use, which may not exceed 45,000 square
feet of outdoor storage and the 10% footprint restriction does not apply..
b. Permanent outdoor storage, display and sales shall be contiguous to the building and
shall not be permitted within seventy-five (75') feet of residential property.
c. The permanent storage, display and sales area shall be enclosed by a minimum eight-
foot (8') wall of columns minimum two inches (2") wide, of like appearance to the
building with wrought iron or tubular steel fencing between, and topped by wrought
iron or tubular steel fencing. No merchandise other then trees shall be visible above
the wall or fence.
Revised: 5/30/2007 Hills of Denton
Site Design Standards
Page 16 of 26
d. Seasonal outdoor display will be allowed. Size will be limited to 11,000 square feet
maximum. Dates for outdoor display will be year round. Merchandise may not
exceed ten feet (10') in height except for trees.
5. Rear Storage. Bulk merchandise may be stored behind the building. The sides and back
of the storage area shall be screened with a chain link fence covered with a windscreen,
except for any side or back that is separated from a residential property by an eight-foot
masonry wall and landscaped buffer yard, in which case additional screening is not
required. Windscreen shall be maintained in good repair and free of tears. The rear
storage area shall not be accessible to customers. Merchandise shall be stacked no higher
than 25-feet or level with the top of the adjacent wall of the building, which ever is lower,
and may not be stacked above the height of the chain link fence.
6. Wall and landscape bufferyard. An eight-foot masonry wall or brick, stone split block
or concrete cast to simulate such materials shall be constructed along the common
boundary line of the adjacent residential property, or as close as practicable in the event
of intervening alleys, easements or drainage channels. If the large retail store property
and residential property are separated by intervening property under separate ownership
that is less than 20 feet wide, a wall shall be constructed along the property line of the
large retail store facing the residential property
7. Pickup and Delivery. Outdoor storage, pickup, delivery, loading and unloading of
merchandise, equipments or other items may occur within 100 feet of residential
property. Loading docks must be located to the side or rear of the building unless the
loading area is completely screened from the street, and loading docks shall be located
more than 100 feet from residential property. Pavement may be located within one
hundred feet (100') of residential property.
8. Trash Collection and Compaction. Trash collect and pickup may not occur within 100
feet of residential property and shall be screened from public view.
9. Mechanical equipment. No mechanical equipment may be located within 100 feet of
residential property. Mechanical equipment shall be screened from public view.
B. Building Material:
1. Fronts and street sides of buildings, excluding windows visible from the public right-
of-way shall be non-reflective and shall be of wood, masonry, stone, concrete,
decorative block, stucco, HDO board or other high quality material
customarily used. For purposes of this subchapter non-reflective means
material with exterior visible reflectance percentages less than 27 percent.
Acceptable material and color palette:
Limestone or varying colors, sizes and textures;
Concrete -Architectural finish. Texture coated or textured and colored.
Masonry -brick or decorative CMU.
Porcelain Tile
Galvanized metal panels or prefinished architectural metal panels of a
neutral/earth tone color;
Painted siding of a warm, neutral/earth tone color in accent areas only;
Revised: 5/30/2007 Hills of Denton
Site Design Standards
Page 17 of 26
EIFS or stucco of a warm, neutral/earth tone color;
Access color of a warm, neutral/earth tone range are required but should
be in a limited manner
Natural metals such as but not limited to zinc and copper;
Natural wood, stained or painted;
Roofing tile, metal shingles and panels, or slate in galvanized or neutral/earth
tone color
2. The Use of ground mounted lighting or pedestrian level accent lighting is
encouraged.
C. Streetscape/Public Spaces:
1. One square foot of Plaza or Public Space shall be required for every 10 square feet of
gross ground floor area. Plaza or Public Space maybe located anywhere within The Hills
of Denton.
2. Plazas or public spaces shall incorporate at least 3 of the following 5 elements, which
maybe located anywhere within The Hills of Denton.:
a. Sitting space - at least one sitting space for each 250 square feet shall be included in
the Plaza. Seating shall be a minimum of sixteen inches (16") in height and thirty
inches (30") in width. Ledge benches shall have a minimum depth of thirty inches
(30").
b. A mixture of areas that provide shade.
c. Trees in proportion to the space at a minimum of 1 tree per 800 square feet.
d. Water features or public art.
e. Outdoor eating areas or foor vendors.
f. Planting areas in the sidewalk are encouraged. Pots or above grade planters are
allowed, minimum of 15 gallons.
3. Each freestanding, large-scale development building shall have a minimum of 100 square
foot of seating area including permanent benches along the front sidewalk area. A
minimum of one bike rack shall be included along the storefront. Bench and bike rack
should be of an architecturally consistent design.
D. Mechanical Equipment Screening:
1. All mechanical equipment shall be fully screened from view from public on site or public
pedestrian spaces. Acceptable method for ground mounted equipment is evergreen
shrubbery or metal or wood screen wall system. Acceptable method for roof equipment
is parapet height extension or screening by slopped roof forms. Color or finish peer
acceptable material palette.
E. Accessory Use:
1. All accessory uses to a large scale development shall be architecrally compatible with the
main structure.
Revised: 5/30/2007 Hills of Denton
Site Design Standards
Page 18 of 26
Parking Standards:
Parking requirements shall comply with § 35.14 of the Denton Development Code with the
following exceptions:
Spaces Required.
The number of parking spaces required shall be based on the following table:
A. Residential Uses.
1. Single family dwellings. Two (2) spaces per dwelling unit; the spaces can not be tandem
parking spaces.
2. Mixed density dwellings.
a. Studio units or 1-bedroom units less than 500 sq. ft. 1.00 space/unit.
b. 1-bedroom units 500 sq. ft. or larger 1.50 spaces/unit.
c. 2-bedroom units 1.75 spaces/unit.
d. 3-bedroom 2.00 spaces/unit.
e. 4 bedroom and more 1.00 space/bedroom.
f. Retirement complexes for seniors 55-years or greater 1.00 space/unit.
3. Amenity Center. Two (2) spaces peer one thousand (1,000) square feet of gross floor
area.
B. Commercial Uses.
1. Auto, boat or trailer sales, retail nurseries and other open-space uses. One (1) space
per one thousand (1,000) square feet of the first ten thousand (10,000) square feet of
gross land area; plus one (1) space per five thousand (5,000) square feet for the excess
over ten thousand (10,000) square feet of gross land area; and one (1) per two (2)
employees.
2. Bowling Alleys. Three (3) spaces per alley, plus additional spaces for auxiliary activities
set forth in this section.
3. Business, general retail, person services.
• General -one (1) space for two hundred (200) square feet of gross floor area.
• Furniture and appliances -one (1) space per five hundred fifty (500) square feet of
gross floor area.
4. Chapels and mortuaries. One (1) space per three (3) fixed seats in the main chapel.
5. Offices. Medical and dental -one (1) space per one hundred fifty (150) square feet of
gross floor area. General -one (1) space per two hundred fifty (250) square feet of gross
Revised: 5/30/2007 Hills of Denton
Site Design Standards
Page 19 of 26
floor area.
6. Restaurants, bars, ice cream parlors and similar uses. One (1) space per four (4) seats
or one (1) space per 100 sq. ft. of gross floor (including outdoor serving areas) area up to
4,000 square feet, whichever is greater, plus one (1) space for each 80 square feet of
gross floor area over 4,000 square feet. A minimum of three (3) spaces is required.
7. Skating rinks. One (1) space per one-hundred (100) sq. ft. of gross building area.
8. Theaters, auditoriums, stadiums, gymnasiums and similar uses. One (1) space per
three (3) seats or one (1) space for each 3 5 square feet of gross floor area where there are
no fxed seats.
9. Hotels and motels. One (1) space for each guest room, plus one (1) space for the owner
or manager. Any convention facilities, restaurants, and other facilities shall be computed
for their individual parking demand.
10. Stables. One (1) space for each five (5) horses kept on the premises.
1 1. Coin Operated Laundry. One (1) space for each three (3) washing machines.
C. Industrial Uses.
1. Industrial uses, except warehousing. One (1) space per five hundred (500) square feet of
gross floor area or for each two (2) employees on the largest shift, whichever is greater.
2. Warehousing (used exclusively for storage). One (1) space per one thousand (1,000)
square feet of gross floor area or for each two (2) employees, whichever is greater.
3. Warehousing (not used exclusively for storage). One (1) space per five hundred (500)
square feet of gross floor area, plus one (1) space per two-hundred fifty (250) square feet
of office or sales area.
4. Public utilities (gas, water, telephone, etc.), not including business offices. One (1)
space per two (2) employees on the largest shift; a minimum of two (2) spaces is
require .
D. Institutional and Public Uses.
l . Day care facilities having 13 or more children/adults. Two (2) spaces per three (3)
employees plus 1 loading space for every 8 children; a minimum of two (2) spaces is
require .
2. Churches, temples and other places of assembly not specified elsewhere. One (1)
space per three (3) seats within the main auditorium or one (1) space for every thirty-five
(35) square feet of seating area within the main auditorium where there are no fixed seats;
eighteen (18) lineal inches of bench shall be considered a fixed seat.
3. Golf courses,
~ Regulation Course -Eight (8) spaces per hole, plus additional spaces for auxiliary
uses on t e site.
Revised: 5/30/2007 Hills of Denton
Site Design Standards
Page 20 of 26
Driving Range -One (1) space per tee, plus additional spaces for auxiliary uses on
t e Slte.
Miniature golf courses -Three (3) spaces per hole, plus additional spaces for
auxiliary uses on the site.
4. Hospitals. One and three quarters (1.75) spaces per patient bed.
5. Nursing and convalescent homes. One (1) space per four (4) patient beds.
6. Rest homes, homes for the aged, or assisted living. One (1) space per four (4) patient
beds or one (1) space per apartment unit.
7. Schools, elementary and junior high. One and one-half (1 1/2) spaces per classroom, or
the requirements for public assembly areas as set forth herein, whichever is greater.
8. High schools. One (1) space for each member of the faculty and each employee, plus one
(1) space for each six (6) full-time student capacity, or the requirements for public
assembly as set forth herein, whichever is greater.
9. Colleges, universities and trade schools. One and one-half (1 1/2) spaces per classroom,
plus one (1) space per three (3) students the school is designed to accommodate, plus
requirements for on-campus student housing.
E. Unspecified Uses.
Where parking requirements for any use are not specifically defined in this section, such
requirements shall be determined by the Director of Planning and Development based upon
the most comparable use specified herein, and other available data.
F. Maximum Allowable Number of Spaces.
Any spaces over the required number of spaces shall be mitigated per the Access Parking and
Circulation Requirements of this document. Spaces provided on-street, or within the
building footprint of structures, such as in rooftop parking, or under-structure parking, or in
multi-level parking above or below surface lots, shall not apply towards the maximum
number of allowable spaces.
Credit for On-street Parking.
The amount of off street parking required shall be reduced by the following credit provided for
on-street parking: one off street parking space credit for every one on-street space.
Revised: 5/30/2007 Hills of Denton
Site Design Standards
Page 21 of 26
Signage:
Signage standards and procedures shall comply with § 35.15 of the Denton Development Code
with the following exceptions:
§ 35.15.17.5 of the Denton Development Code shall be amended to include the following
graphic exception for effective area of signs within SF, TH and MF districts.
...........................................................................................
............................................................................................
...........................................................................................
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.................................. ......................................... ..
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............................ ................ ...........................................
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Signage on Perimeter Fencing & Entry Monuments
Revised: 5/30/2007 Hills of Denton
Site Design Standards
Page 22 of 26
EFFECTIVE AREA
Subdivision Standards and Procedures:
Subdivision standards and procedures shall comply with § 35.16 of the Denton Development
Code with the following exceptions:
35.16.10 General Development Plan.
F. Expiration of General Development Plans.
A general development plan shall become null and void sixty (60) months from the date of
approval by the Commission, unless a preliminary plat is approved by the Commission for
all or part of the land subject to the general development plan within that time. The approved
preliminary plat will supercede the general development plan to the extent of the land covered by the
preliminary plat and shall automatically extend approval of any remaining portion of the
general development plan for sixty (60) months from the date of approval of the preliminary
plat.
G. Extension of General Development Plan.
The Commission may extend a general development plan or any phase thereof for a period
not to exceed sixty (60) months on the written request of the applicant. The request must be
considered by the Commission before the general development plan or phase expires and must
document the reasons for the extension. In determining whether to grant a request, the
commission shall take into account the reasons for the requested extension, the ability of the
applicant to comply with any conditions attached to the original approval, whether extension
is likely to result in timely completion of the project, and the extent to which any newly
adopted regulations should be applied to the proposed development. In granting an extension,
the Commission may impose conditions they deem appropriate to assure that the land will be
developed in a timely fashion and that the public interest is served, including compliance
with one or more new adopted development standards. More than one extension may be
granted.
Revised: 5/30/2007 Hills of Denton
Site Design Standards
Page 23 of 26
35.16.11 Preliminary Plats.
E. Expiration of Preliminary Plat.
Except for preliminary plats filed prior to the effective date of this Subchapter, a preliminary
plat shall become null and void sixty (60) months from the date of approval by the
Commission, unless a final plat is filed and approved for all or part of the preliminary plat
within that time.. Within sixty (60) months after approval of the final plat for the first phase
of the development, a complete application for a final plat must be approved for the next
phase of the development, continuing with each successive phase, until final plats have been
approved for all of the land subject to the original preliminary plat in accordance with this
section. If the applicant fails to receive approval for a final plat for any phase of the
development within the prescribed period, or within any extension granted pursuant to
section 3 5.16.11 F, the original preliminary plat shall expire for that phase and for all other
phases for which a final plat has not been approved. If an approved final plat expires, the
preliminary plat for that phase shall also expire
F. Extension of Preliminary Plat.
The Commission may extend a preliminary plat or any phase thereof for a period not to
exceed twenty-four (24) months on the written request of the applicant. The request must be
considered by the Commission before the preliminary plat or phase expires and must
document the reasons for the extension. In determining whether to grant a request, the
commission shall take into account the reasons for the requested extension, the ability of the
applicant to comply with any conditions attached to the original approval, whether extension
is likely to result in timely completion of the project, and the extent to which any newly
adopted regulations should be applied to the proposed development. In granting an extension,
the commission may impose such conditions as are needed to assure that the land will be
developed in a timely fashion and that the public interest is served, including compliance
with one or more new adopted development standards. More than one extension may be
granted.
Revised: 5/30/2007 Hills of Denton
Site Design Standards
Page 24 of 26
Subdivision standards and procedures shall comply with § 35.20 of the Denton Development
Code with the following exceptions
2. Through Lots:
The definition of Double fronted lots (which are the same as Through Lots) states that they
are prohibited, however, § 35.20.2.G.3 states that Through Lots are permitted where essential
to provide separation of residential development from major traffic arteries. § 20.2.G.3 also
states that the minimum lot depth for double fronted lost shall be 110' .
Proposed Standard: Through Lots are permitted where essential to provide
separation of residential development from major traffic arteries providing
that the lot is a minimum of 100 feet.
Revised: 5/30/2007 Hills of Denton
Site Design Standards
Page 25 of 26
Environmentally Sensitive Areas. (REPLACES ~35.17.8A)
Riparian Buffer and Water Related Habitat Development Standards.
The following uses and activities are allowed in the Riparian Buffer and Water Related
Habitats and are in addition to the restrictions for development in this Subchapter, Site
Disturbance and shall be delineated on the completed application for Environmentally
Sensitive Areas review:
A. Permitted Uses and Activities.
The following uses and activities are allowed in Riparian Buffer and Water Related Habitats
and shall be delineated on the completed application for Environmentally Sensitive Areas
review:
1. Up to 10% of the area may be disturbed for private yard structures including but not
limited to: gardens, yards, trails, and clearings, but which are no closer than 25 feet from
the stream bank or riparian buffer. No disturbance is permitted in delineated wetlands.
2. Repair, replacement or improvement of utility facilities where:
a. The disturbed portion of the Environmentally Sensitive Area is restored; and,
b. Non-native vegetation is removed from the Environmentally Sensitive Area and
replaced with vegetation from the City Native Plant List.
3. Additions, alterations, rehabilitation, or replacement of existing structures that do not
increase the existing structural footprint in the Riparian Area or Water Related Habitat
Area where the disturbed portion of the area is restored using native vegetative cover.
4. Stream, wetland, riparian and upland enhancement or restoration projects.
5. Agricultural activity, including buildings and structures is permitted outside of the
environmentally sensitive areas, unless otherwise permitted through NWP 40,
Agricultural Activities or any other permit as required by FEMA or Section 404 or as
allowed in this Subchapter.
6. Routine repair and maintenance of existing structures, roadways, driveways, utility
facilities, accessory uses and other development.
7. Measures to remove or abate nuisances, or any other violation of State statute,
administrative rule, or City Code of Ordinances.
8. Any action taken by the City in an emergency to mitigate an existing or potential hazard.
9. Gas well drilling and production within riparian buffers and water related habitats shall
comply with Subchapter 3 5.22 Gas Well Drilling and Production.
10. Up to 10% of the area may be disturbed for trails, and clearings, but which are no closer
than 25 feet from the stream bank. No disturbance is permitted in delineated wetlands
Revised: 5/30/2007 Hills of Denton
Site Design Standards
Page 26 of 26
HILLS OF DENTON Exh;b~t6
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Exhibit 7
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DEL, Existing Zoning Map
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EXHIBIT 8
Proposed Zoning Map
PROJECT 6OUNDARY
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HILLS OF DENTON EXn~b~c9
Phasing Plan
2,120.6 TOTAL ACRES
^ ffiasel (1J1+,--arses)
^ Phase II (Sli+~-arses)
^ Phu<e III (!31 +.- an~es)
^ Phase ld Nl9+,'-aa'exl
^ Phase \'UJD+:-aarev)
^ Phase A7 (1?8 +/- arerx)
^ Phase ~-II f31i+J-uses)
-~-~- Proposed ROR'
Phase I:
• Anticipated Cm:shnrtimt s1.vt
Aate 9pruts'_OOS,
• dnfieipated Build Onf 2 to
3 'ems.
Fuhve Phrase? to be bnih neon
cumpletiou ofpre~ious phase
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LOOP 288 ~~
2006
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EXHIBIT 10
Future Land Use Map
Location Map
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EXHIBIT 11
Notification Information
1500 FOOT BUFFER) ~~~~.~--•
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L'OCATIQN,*OF; P,ROP~R7Y
OWNER.IN OPPPO$ITION
GANZER
~ CROJECT BOUNDARY
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Public Notification Date: 4/30/07
200' Legal Notces* sent via Certified MaIl: 24
500' Courtesy Notices sent via Regular Mail: 20
Number of responses to 200' Legal Notice
• In Opposition: 1
• In Favor: 0
• Neutral: 0
Percent of ]and within 200' in opposition: Lees than 5
Notification Map
O
0 Feal
° soo tz°o za°o
Page I7
1 COMII~I~SION~R TR4.NGE: The next ite~xt mill ~
~ be item No. 4C, barn 4B, which is in the Agenda has been 2
3 withdrawn. 50 item No. 4C is the rezoning of ~
4 approximately 2,12 acres from. Neighborhood Residentia~I ~, 4
~ neighborhood Residential ~, Neighborhood Residential 4, ~ ~
~ ~eighboi:hood Residential 6, ~~Mr_r•~~, N~MF.1 commercial Mixed 6
7 ~Jse General and Planned Development 1 ~0 Districts into a "7
8 new Denton Master Plan for the bills of Denton. And Mr. 8
~ Menguita. ~
l ~ , n~Is~r~uFT~; ~rhanl~ you, Mr. Chair, l ~
11 members of the Commission. ~ l
l ~ COMMISSF~I~[ER STRANGE; gold on, Mr, 12
7 ~ Menguita, I~id somebody lose their Blackb~ry~ ~t was 13
14 found downstaixs in one of the chairs. 1 just bought one l4
l5 just like it so l know you'd like t~ have that back. l5
l ~ Nix. Menguita; 1
~ ~ MR. MENGUI3'A: 'hank you, Mr. C}~ai~', ~ ?
l members of the Conmtission, Cn October 17 of 2~0~, the Z S
t9 City Council adopted Ordinate l~o~ 206-Q3 amending 19
2~ po~~s of ~ubchapteY ~~r7 Of the Denton Development Code 2~
~ 1 to pertain to Master flan Development. ~ 1
2~ ~ The Mastex Plan Development Ordinance Z~
~~ allows for the development of large Comprehensive Plan ~3
24 developments that conforms wiith and enhances the goals and 24
~5 policies contained within the Denton Plan. On April ~, ~~
~~~~ ~ s
1 ~4~?, City Council adopted an ordinance annexing portions 1
2 of the dills of Denton development that's currently shown ~ ~
~ here in red, The propose bills of Denton development is ~
4 generahy located Wiest of Locust Street, north ofLoop ~
~5 X88, east of 1~onnie Brae and south of Mi1a~m Road. ~
6 The future plan land use designation for ~
7 this are is t~ral areas and neighborhood centers and a 7
S community mixed use center. On March ~7, ~~~7, this year, 8
9 City Council adopted an ardina~ICO that exempted faster ~
1 ~ Plans as they're proposed from requirements o#' processing l0
l Z a Comprehensive Plan, so, therefore, a Comp Plan would not 1 l
Z 2 be required #~or this coning change. l ~
Z 3 Last year in 2~~G, the Mobility Plan Was l ~
l4 also amended. to incorporate the proposed roadways. As you 14
1 ~ can see here in this alignment red, this is the new Bonnie 15
l ~ Brae alignment, which is a primary arterial. This is the 1 ~
17 extension of Cramer Road, again, pz~mary arterial and then 1?
1 S an introduction of a road, secondary arterial road, that l 8
I9 transects east to west. 19
~~ This is the current zoning as Mr. Chair had ~0
~~l mentioned., number of zoning districts that currently 2l
~~ exist. The areas in green are RIB-5 which is the initial 2~
~~ zordng given to an area that's been recently annexed, ~3
2~ again, back in April Ord of 20~?, these areas in ~ ~4
25 were annexed into City. 2
Page ~ 9
This just basically illustrates the
boundary and the location the Mills of Denton ~-the
~xoposed Hills of Denton Master Plan Community. The
applicant has submit, a coning plan and I'll real
briefly describe to you, the development will consist of
approximately ~1,42~ acres of Single Family Development,
approximately 146 acres of town home development,
approximately l l0 acres of multi#family development,
approximately 1 S3 acres of commercial, 93 acres of
DfficelCo~r~mercial development, approximately 57 acres of
Town Center Commercial and approximately l ~4 Town Center
Residential Development. The Master Plan Community also
. includes amenities such as cozx~idors, trails, project
entries, ponds, an amenity center, comunity centers and a
hike and bike trail.
This' exhibit here illustrates the proposed
density distribution for single fanvly, the area closer to
the Town Center is proposed at 5.~ units per acre, this
area is proposed to be 4.~ units per acre. And then along
the northern portion of the development it is proposed to
be three units per acre.
Pursuant to Subchapter 3~.7.1~ the
Development --Denton Development Code, the dills of
Denton Master Planned Community must comply with the Code
except where modifications are proposed. The Master Plan
~~~ ~~
honing doctu~ent that the applicant has submitted has
identified these proposed zoning districts. Real briefly,
dingle Family Residential, Town homes, Multi-family
Residential, Commercial, Office, Town Center Commercial,
and Town Center Residential.
AXong wig the zoning doc~unent, they've
also listed their ~ninimun~ lot areas, minimum width,
~ninimurn depth, front yard setbacks, side minimum setbacks
between dwellings and so on. 1'd just like to point out
the highlighted areas in red, identify the maxiu~um lot
area fora Single Family at 5,500, And then the minimum
residential unit size at 1,80 square feet.
They're also proposing the provisions to
allow cluster-type development. with this provision the
maximum number of single 1'ainily units detached. within the
zoning district, dingle Family honing District may not
exceed S?~8 units.
Again, with the coning document they have
provided a development threshold and these thresholds list
the maximum. number of single farzaily units, average single
family density, ~r~aximum, number of family units. l'd like
to point out that in the items highlighted in red, again,
the maximum number of single family uses that includes
detached and attached ;s 7,44. Maximum multi-family
units 1S ~,~~~. I'd also like to mention that a minimum
~ ,~n~~~r~~rt~ oc, ~v~~l~vur 1~l~ULA;.~.t ,~-1-~N~i 1V.~A]~ ~'1'H, ~~07
tae ~~ -~P~e 20
.:1
C`~nn r~~n c~l't
Page ~ X
1 of 2,OQ~ single family houses shall be constr~.cted,
~ permitted prier to any development of a multz-family unit.
~ The fallowing is a list of m.odiflcations,
~ areas that -- yes.
~ car~~~toN EAGLETON; sorry to interrupt.
6 13ut just go lack a couple of pages, you mentioned a
7 maxi~tum lot area? .
. ~EN~~mr~: sight.
~ CI~NiMIS~IDNER EAC~~~TON: J~.15t t0 ~~ sure for
I ~ the record, you said maximum. Z think you meant rr~inimuzn;
11 is that correct?
~ ~ MR. MENCxL]~TA; Mini~ium R- Ism Sorry,
13 minimum.
14 ~o~~ts~oN ~t,ETON: okay. I just
1 ~ wanted to make sure,
~ ~ II~R, MENCrIIIT~; Thank ~~~. The following is
l ~ a list of the modificatians, These are just su~r~.nlaries of
18 what they are proposing to deviate from the I~entan
l9 Development Code, Real briefly, creadtag a -- they're
~~ proposing as part of ~e zoning document, creating nee
~I landscape and tree canopy requirements, modifying access,
22 parking and circulation, permitting parking strictures
23 with an App, alternative Development Plan, petting
~~ parking in (rant in ail districts except for Town Center
2~~ Commercial and Town Center Residential, modifying site
1
5
7
S
l~
II
~~
13
l~
I5
~~
17
t8
l~
2~
21
22
2
24
25
Page 23
that the development propaed furthers the goals of the
Dentin Plan which staff feels that they have. In the case
of tk~e proposed residential development, that the
devel~prr~ent ~ril1 promote campatible buildings and uses
that it will be compatible with the character of the
surrounding area.. The current proposal we feel is
consistent, that the provisions for public facilities such
as schoals, ~'r'xe protection, law enforcement, water, waste
water streets, public services and parks are adjacent to
serve the anticipated population within the n~~c r~istrict.
The Eniueoring Depar~ient as well as Legal
have been in coordination as far as develapir~g a
developer's agreement that addresses some o#'these
concerns ar these issues. And, also, the request at the
tx~ne of platting will address some of the location of the
schools and fire and law enforcement facilities.
And lastly, in case of the praposed
Carz~m~cial Develapznent, Industrial, Institutional
Recreational and nonresidential uses or mixed uses, that
such development wi11 be appropriate in areas located in
overall planning for the purpose intended. And we feel
that the location of the Cornanereial, the Multi-Paznily anal
die Town Center as well as the dingle Family uses are
cornpatihle and also promote die ~~ are located in a
location that is appropriate for those type of uses.
Page ~~ Page ~4
1 development require~rients standards for dingle Family, I And Itd like ~ mention that there were
~ Multi-Family and non-residential, creating site 2 three public notices, res oases sent hack to tie lan '
p ~ p n~ng
development standards for Town Center Mults-far~ly, Town ~ department, one 1n favors one neutral 8nd one Tn
4 Center non-residential, and ll~ixed Use building including 4 opposition. The locatio~a of that sin that wa i
p~' s n
~ big boxes. 5 opposition is -~ address is 780 forth Lacust within the
~ In addttian, they're proposing to ~rodify 6 City of Dentin. That concludes my presentation, I'd be
7 existing parking space requirements, adding parking space 7 happy to answer any questions.
S requirements for ne~u Ian,d uses that they're praposing, $ C~MMtI4NER TRANCrE: Any ue5tions of
creating ~ graphic exception far effective areas Qf s1~iS, ~ Staff? Thank you, '. ll~errgulta.
1 ~ modifying expiration time far general development plans 10 M~. ~~N~tItT~: oka .
Y
11 and prelirr~inazy plats, per~xtitting through lots and within l 1 CQMMIS~ONER TRANCrE; I5 the a licant
pP
12 the ESA permitting up to ten percent of an area that may 12 here and do they wish to speak? we'll now o en the ublic
p p
I3 be disturbed for trails and clearing but no closer than 25 l3 hearing.
l ~ feet Df ~e Stream bank, 1 ~ NIR. R~tCHHART: Thank you, Larry
l I'd like to mention that the applicant has 15 Reichhart, ~prinbrook Planning Crroup, 24~~5 Mustan Drive
g ,
l6 met wi~i the nearby owners and we had a neig~borbood I G Grapevine, Texas. ~o~te of this will be redundant so I'll
17 meeting on Thursday, May ord. Approximately 25 prope~y 17 try to get tbrougl~ it pretty quick, you've seen the
I S ovvrters were in attendance. And the meeting -- the 1 S location. Locust, Leap 288, I-~~. Qur exi5tin
g
l~ concerns at that meeting were the potential impact to the l9 conditions, we da have F~ water-related. habitat, ponds,
~~ proposed road along Locust as well as the provisions of 2~ flood plain, appz~oxin~ately 3~4 acres, stream buffers.
21 utility services such as water and sewer far that 2I They're scathed trees on the praperty. Dui La~.d Use
22 develapment. 22 Plan you've seen. Rory has presented this. r popped out
~"~ L~~~.lyy pursuant ~ lll}~l~~pter ~~.~ Of t17e 23 the flood plain a little bit darker, SO 1t 0 ~ Quit ~
~4 .Master Plan zoning, the Following findings shall be in 2~ line bit more for yau on the property.
25 consideration of this coning request. The first one is 25 I~ere's our land use lan. 1427 a r
p c es of
Ufi A 1-T'AT!'x v 7n~r~~r~ n.r*~r,r,rr ~ ,~ ~ .~-.~,~„~ ~~,.
~~ ~~, ~,~~.~ u~ ~v~rl~r~ ~ruruL~"~1t ~ 11tV~ 1V,~A Y ~1~k1, ~UU7 ~~~ ~ ~ - ~~ ~~
onden Iti
Page ~~ . Page 27
1 Ingle Farn~ly at four url~ts per acre. That's #~e yellow, l and we might have talked about that, the x,000 aa~d ~,~~~
~ Our town homes are in the tannish colors. ll~t~lti-family is ~ square foot, yealx, I went through that once before. I'm
3 the orange. Com~nerc~al i5 tl~ red, as you've seen. i dad 3 sorry. The 1Vlultt-family standards are very solar to the
4 want to point out ~h~t our Town dome areas could also be ~ existing Code. ~u~ isn't required as this is part of the
~ developed as dingle Family. And. our 1Vlulti-family areas ~ 5 has Planned Corrnraunity. The proximity uirement had
6 ~ could be developed as sonnething other than multi-families. 6 been removed but the increased the masonry requirement. e
7 tie discussed earlier, as Commercial or Office Development. 7 added an 80 percent masonry.require~aent to all multi-
S Our conceptual density plan, and we went S fancily structures.
over this earher, trying to identify how we an1g~]t ~ Nonresidential uali as a aln S1TTLilar to
~ ~ ~
l ~ distribute Boone of the Single Family, but, overall, again, 1 ~ existing Codes, but we allowed the buildings to be
1 I it would be four units per acre for the single family. I I oriented towards the street andlor parking areas. And if
12 Plaasing plan, again, we're looking to start in this I ~ you re~.ember, our parking areas have -- if they _- if you
l ~ quadrant right here identified by the brighter yellow. l 3 park between the buildiza and the street there's
g
l4 i
fur permitted uses eve have identified I4 increased landscaping and open space requirements that you
15 different nomenclature for our uses, but they have been l ~ have and buffering requirements, but there's l ~~ ercent
p
l6 mirrored afar existing uses in the Denton Code, and most 16 masonry requirements for all nonresidential developments.
1? of our nomenclature has been taken after the Denton Code. l7 Additional standards as Ron had identified,
l ~ Our development thresholds and we've talked 18 the big boy standards are street standards, parking
l ~ about this, and this is -- should be familiar to what you 19 lot designs, as I said, parking standards. Rory went over
20 have in your backup with the greets, and the blues and 2~ than a little bit, the signage on an erahy sign into a
~ I ever~thrng that you've .seen before, and Z've left ~t the 21 subdlvl~lOn. ff it's on a stone Dr beck v~ail the stone
22 same, but our maxi~raum number of single family units ~~ or brick wall doesntt count as part of the sign, just the
23 including the Town Ilorne is 7,~~4 units and, again, x,040 ~3 sign. Trails are permitted ire ~s~ areas. e do have
~~ dingle Family waits would be permitted. And, you know, Z4 school location criteria that we will follow. That is a
~5 we'd permit one, and vae didn't want to gait u~atil it was ~~ brief summary again. we've been through this a ~aumber ofi
Page ~6 Page 2
t actually built and'have to be built before the could start 1 tunes and 1'd be happy to answer any questions that yo~t
2 multi-family. That's why it says permitted. 2 may have.
~ Our general regulations, again, we've been 3 COMM~~StONER STRANGE: Any questions of the
~ through these minimum lot a~as, maxunum residential unit 4 applicant? Thank you,1~1r. Reichhart.
5 Sizes. Ron did a good job presenting these. Here'S our ~ MR. REX~HHART: You're welcome.
~ landscape and tree canopy. That's because our dingle eoM[M~~o~v~R STRANGE; we do have one card
7 Family Town Nome Districts changed. e had to create our 7 of a person who wishes to speak on this item. H.~.
l~ own landscape and tree canopy and table. $ Shepard. ff you'll crn~e forward and give us your name and
9 dingle Family quality, 1,800 square foot 9 address.
I4 minimum lot size. If it's an active adult ~tirement, I0 ' MR. SHEPARD: F met that guy the Other
I I that could go down to I,~00 square feet, we taped. about. l I night, PViy name is Shepard. I live across the road from
12 At least ten percent of the houses would be a minimum 12 this development, 8~ l 6 North Locust Street, y property
l3 ~,0Q0 square feet and another ten percent would be a l3 is on either side of 1Vlilam Creek. I'm voting no for this
I4 minimum ~,~~~ square feet. And if you rem~nber 14 right now because the guy wouldn't tell us anything. Oh,
l5 additionally with those, they require additional l S we can"t te11 you now, but give us the zoning and we'll
1 ~ architectural requirements, also. Town home minimum 1 ~ bald it and then you'll see what's going to happen,
l? square footage is I;400 square feet which is a fairly good I? l want to know, A, what's going to happen
l8 size unit ~'or a Town Dome. Additionally, with the square 18 to all of the flood water that's going to come cut of
1~ -~ Single Family, we have increased the architectural l9 these 70 some odd hundred homes because it's oin to cow
g g
20 standards, such as the a~nasonry. They all have two-car ~0 right past ~y house, where tkie sewer pipe's going to go.
~I garages, roof pitch, and there's a number of o~aer -- I'au ~1 I believe that's going to come down Nlilam Creek either
~2 giving you the reduced version tonight, but there's a 2~ right behind my house or right across the creels from my
2~ nu~x~ber of architectural standards that have been ~3 house, tie haven't heard anything about that yet. Aaad
24 increased. 2~ what are we going ~o do v~ith all of the people on Locust
~~
AT J ~ ~ Additional minimum building sizes, also,
'Y7 7Tt Y lY fY ' rr w : ~.~ ....... ~~ Street? This is a two=lane hi wa , t~e're oi~ to hate
y g g
~L~iV~~~l~ ~~N1N~ K~~r~LAl~ 1VI~~`~'~,~(]r M~~ ~~, ~~~ ~~~ - ~~ ~~
Co~dens~I~
Page ~9 Page 1
l to shop in Sanger because there's no way in hell we're 1 major arterial on the I1~obilit~ Plan and we recognise that
~ going ~ get into Denton when these people Dome in. ~ we will be participating in the construction of that with
~ 'When we get more details, then I'll 3 the develop~neut of this project. Again, the extent of
4 consider whether l want to vote for these guys or not. 4 that participation will be determined. as we go throe h our
~ But right now, they're going well, give us the zoning and 5 ~~ and the development of the property,
~ then we'll let you know later. That's essentially all of ~ o those are the answers to those
~ my concerns. e don't have enough answers yet. And I 7 questions. Thank you,
8 would also like t~ know if the City is Being to do S co~r~rsr~rr~~ ~~~: Thank you, Mr.
anything about -- about the luway out there. T`hat's a ~ ~lelke. Staff,
1~ State -~ are vie going ~ have Locust a six lane or still a 1~ NIx. LoCKLEY; yes. I was also just going
l l two-lane? And how are you going to get from Elm Street 11 to add to the gentleman's comments that I'd be more than
1 ~ where Elm, and Locust kind of become parallel all into ~ ~ happy -- we can z~eet with him to ilk about some of these
l3 town? Because all of that traffic is going to be dumped l 3 engineering issues that he raises in terms of tie
l4 right into that light. It's going to be a mess. Are we 1~ platging, drainage and transportation issues along Locust.
I5 going to on this big sewer line, I ua~derstand that they 15 There are plans and provisions in place that the Ci is
I were going to wild a sewer station, a second one on Clear l ~ currently reviewing that does address all of those
1 ~ Creek over by Sherman ]give ~- who's paging for that? Are 1? specific issues. I would also -~ I have a question of
1 S these guys going to pay for it ox are we going to do a
~ l S staff as well that deals with the density 'being proposed
1~ bond election? Is it going to come out of my pocket? I l9 on that site in terms of the number of units that are
20 can't see why I want ~ help these guys. I know the -- 2~ being proposed and how we can address some of the densi
21 file dev~lopnient is eonung. There's no way in hell I can 2l issues that are illus#~ated on the plan; but don't
~~ stop zt. But ~'d like ~ know more about 1~ before vie do ~~ necessarily IefleCt the numbers that are also Shown 1n the
~3 that. That's my piece: ~ ~3 plan as well in terms of a Creneral Develo meet plan heir
p g
Z4 CoI~MrSS~~NE~t STRANGE; Thank yDU for your ~4 included with this Submittal.
~5 comu~ents. That was the or~1y card on this item. Da we ~5 . MENG~'ITA: Let me see if l can find the
. Page ~ ~ ~ ~~~ ~~
1 have anyone else who wishes to speak? Okay. Does the ~ l exhibit. The proposed development sets a maximum dingle
~ appheant ~isb, to issue any rebuttal statements or have ~ F`anvly detach of S,"7~5. The applicant has submit€ed a
3 any comments regarding this item? ~ density distribution plan or map shown here that
~ MR. ZIE~,~,~: chalz~an and. Comrr~lssloners, my 4 ldentifles the areas where the denslt~J, again
J,J units
~ name is Rod ~ielke with Tomlin investments, 465 Kelway 5 ,
per acre within this area here, ~.5 units per acre over
6 Circle in Addison..Tust respond telly quickly to the ~ here, and t~ units p~- acre within this area here. Per
7 gentleman's comments that was just up here. I conducted ~ discussion with the applicant, we're going to identify the
~ the publzc meeting and tried to address answers to that in S number of single #'aznily units here as well as the other
~ the meeting. He had three points, . One he was concerned 9 two areas .and hopefully, we'll come up with the total of
to about flood wat~rs~and we tried~to explain that we will be to ~,?~$ to be consistent with what they're proposing. e
~ 1 doing a flood study as part of the development of the 1 ~ will have that exhibit -- the applicant will prepare those
l~ property and we'll be compliant with all of the City of 12 numbers and those -- that exhibit that correlates those
l3 Denton's rules and ordinances as far as controlling that 13 numbers for -~ for staff.
14 flood water to ensure that his property does not 1~ co~n~t~rar~ ~T4NC~E: Thank you, Mr.
l S experience any additional flooding beyond what already 1 S IVlenguita, ~Ve will close the public hearing, I will again
1 ~ ~ exists • l ~ poYnt out for the audience that we have had multiple work
I7 The sewer that he mentioned,, we are in, the 17 sessions as a Commission on this and been addressed by the
1 S process now, we have approved an agre~nent, I understand, l S developer and have had many occasions to visit about these
l9 die City's taking it before the Public I.]tility Commission 19 issues. There's really three things that came out of a
2~ far' approval in the next couple of weeks, That addresses ~~ Work Session we had prior to tonight's meeting. And it
21 the alignment of the sewer, The City is working on that ~ 1 should be included in any motion that's made on this.
~~ alignment and we will be building that as part of our 2~ one, is that we do need a development plan map. The legal
~3 agreement for the City out of Our dollar's, That'd what 23 review has commenced but has a few items t~ be concluded
24 agreement will Say. And then ~n his comments about ~4 before ~t goes t~ the City Council. There ~s a
~~ Locust, we also -i Locust has always been identified as a ~~ development agreement that was alluded to that's being
rL~.ty f~~tV C~ ~ LV IV~11V ~ .~.~[x~Jt.~l~ lll~.~'!'lI~(~ MAC 9TH, ~~~7 gage ~~ - Rage 3~
~a~denIt
Page 33 Page 35
1 worked out right nor between the applicant and the City. ~
~ That will need to also be ~nal7~ed before it goes to the ~
3 City Council. And we will be looking at some language ~
4 regarding a phased review. ~o hose would be items that ~ 4
~ we would want to include in any motion. Igo we have a ~
G oration on this item? I~r. Thibodeaux. 6
~ CQMMISi[~l~ER ~'I~I~D~4; I would ~~ to ~
move approval of this item with the cond~tion5 that S
9 t}aere's a completed legal xeview that a development plan ~
I0 reap is included, that phasing plan rs 1ncl~.c~,ed and ~ 1 ~
11 developer's agreement. And with those conditions, I ir~ove 1 I
I ~ approval. I ~
I ~ co~r~~s~raN~R T~a~I~~: we have a mo~ori by 13
1 ~ Dr. Thibodeaux. Do we have a second? I4
I.5 C(~11~NIISS~4N~R ANl)~RSON: Second. 15
1 G ~OI~I~~SSIGhiER STRANGE; ~~ have ~ SeCOnd by 1 ~
17 MS~ Anderson. Do we have any d~SCUSSIOn`? If not, please 17 .
I8 vote. dote passes 7-~. I think it's c~~r in the motion I8
19 but I'll make it clear for the public record that those l9
2~ four. items that I~r, Thibodeaux alluded to and that I also ~~
~ I .entioned will be included in the documentatioza prior to ~ 1 .
22 going to ~e City Council; ~2
23 ~ ~ 23
~4 ~4
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PLANI~INi ~Nl~~i LAIC ~~~ ~~ 9~, ~0~7' ~ Page - Pa~~ ~~
AGENDA INFORMATION SHEET
AGENDA DATE: June 19, 2007
DEPARTMENT: Planning and Development
ACM: Howard Martin, 349-8232
SUBJECT A07-0002 (Denton Municipal Electric Spencer Complex Annexation)
Hold the second of two public hearings to consider the voluntary annexation and service plan for
two sites. The first site is approximately 7.85 acres and the second site is approximately 1.54
acres, totaling approximately 9.39 acres. The sites to be annexed are generally located on the
north side of Spencer Road between Woodrow Lane and Brinker Road (see Exhibit 1). The sites
are within a tract of land legally described as Municipal Utility Addition, Lot 1, Block 2.
BACKGROUND
Applicant: City of Denton Denton, TX
A voluntary annexation proceeding is being considered by the City of Denton for portion of the
Denton Municipal Electric Spencer Complex property and associated right-of way. The
ownership of the property is City of Denton. The subject sites are currently developed as the
Denton Municipal Electric Utility Operation facility (see Exhibit 1). The proposed annexation is
being initiated by Denton Municipal Electric.
The following items summarize the proposed annexation and important actions taken:
^ On June 12, 2007, City Council held the first of two public hearings.
^ On April 27, 2007, staff received direction from the City Council to pursue voluntary
annexation proceedings for two sites. The first site is approximately 7.85 acres and the
second site is approximately 1.54 acres, totaling approximately 9.39 acres. The two sites
are within a tract of land legally described as Municipal Utility Addition, Lot 1, Block 2.
^ The two sites proposed for annexation are located within City of Denton's Extra-
territorial Jurisdiction (ETJ) and is not zoned.
^ The Comprehensive Plan identifies this area to be within an Employment Centers land
use designation.
^ The annexation is scheduled for completion on September 1 1, 2007 (see Exhibit 2).
In accordance with the City's annexation policy plan, approved in June 1993, the City will
"assess on a case by case basis the annexations of areas in the ETJ when significant
developments are proposed." Annexation should be considered when a property is located
within the designated urbanizing area; is expected to accommodate urban growth in the next
twenty years; and if the annexation is contiguous to existing city limits, city roads and rights-of
way. The subject site is located in Denton's ETJ Division 1. As such, development is subject to
only the City's subdivision regulations and not zoning regulations. The subject sites are within a
platted lot; however, any subsequent subdivision or reconfiguration of the subject sites will be
subject to the City's subdivision regulations. Incorporation of this site into the City would not
require additional properties.
(1PTT(1N~
1. Proceed with the annexation.
2. Amend the land area proposed for annexation.
3. Amend the Service Plan.
4. Discontinue annexation.
RECOMMENDATION
Staff recommends that the first public hearing for A07-0002 is held as scheduled, and pending
comments received determine if additional information is needed.
Staff recommends that the public hearings proceed as scheduled, finding that the need to manage
and coordinate development in an orderly manner is a significant city objective that the City of
Denton will pursue.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
June 12, 2007 First City Council Public Hearing
FISCAL INFORMATION
Development of this property will increase the assessed value of the city, county, and school
district. It will require no short-term public improvements that are the responsibility of the city.
The proposed annexation area will add additional tax base to the city.
F,XHTRTT~
1. Location Map
2. Annexation Summary Schedule
3. Service Plan
4. Service Area Analysis
Brian Lockley, AICP
Interim Director of Planning and Development
Prepared by:
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Ron Menguita
Planner III
EXHIBIT 1
OCATION MAP
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EXHIBIT 2
ANNEXATION SCHEDULE SUMMARY
Denton Municipal Electric Spencer Complex Potential Annexation
Notices to Intent to Annex (30 day prior to lst PH) will be sent on May 4, 2007.
Tuesday, 6/12/07 City Council conducts first public hearing. (2nd Tuesday Session)
• Public notice must be no less than 10 days and no more than 20
days before public hearing.
^ Annexation Study prepared and available for public review.
^ Service Plan prepared and available for public review.
Tuesday, 6/19/07 City Council conducts second public hearing.
Public notice must be no less than 10 days and no more than 20
days before public hearing.
Wednesday, 6/27/07 Planning and Zoning Commission public hearings -make a
recommendation to City Council regarding the ro osed
annexation and rezoning request.
Tuesday, 7/17/07 City Council by afour-fifths vote institutes annexation
procee mgs.
First reading of annexation ordinance.
• Action must be more than 20 days after the second public
hearing but less than 40 days from the first public hearing.
Sunday, 7/29/07 Ordinance published
• The ordinance cannot be acted upon until at least 30 days after
publication.
Tuesday, 9/11/07 City Council by afour-fifths vote takes final action. Second
reading and adoption of the annexation ordinance. City Council
considers adoption of zoning request.
• Council action must be more than 30 days after publication of
ordinance and less than 90 days after council institutes
annexation proceedings (adopts ordinance on 1st reading). The
second reading of the ordinance and zoning approval could be
held any time between August 28, 2007 and October 15, 2007.
Annexations must be rigidly coordinated in conjunction with the City Council public hearing
schedule due to specific timing mandates established by Texas State Law. The Texas Local
Government Code requires that City Council institute annexation proceedings (1st Reading of the
Ordinance) more than 20 days after the second City Council public hearing but less than 40
days from the first City Council public hearing.
EXHIBIT 3
CITY OF DENTON SERVICE PLAN FOR
A07-0002 Denton Municipal Electric Spencer Complex Annexation
I. AREA ANNEXED
The annexation area is located on the north side of Spencer Road between Woodrow
Lane and Brinker Road. The parcels are within a tract of land legally described as
Municipal Utility Addition, Lot 1, Block 2.
II. INTRODUCTION
This service plan has been prepared in accordance with the Texas Local Government
Code, Sections 43.021, 43.065, and 43.065(b)-(o) (Vernon 1999, as amended).
Municipal facilities and services to the annexed area described above will be provided
or made available on behalf of the City in accordance with the following plan. The
City shall provide the annexed tract(s) the levels of service, infrastructure, and
infrastructure maintenance that are comparable to the levels of service, infrastructure,
and infrastructure maintenance available in other parts of the city with similar
topography, land use, and population density.
III. AD VALOREM (PROPERTY OWNER) TAX SERVICES
A. Police Protection, and Animal Control
Police service, including patrolling, response to calls, and other routine
functions, will be provided to the property upon the effective date of the
annexation using existing personnel and equipment. Code enforcement
and animal control services will also be provided to the property upon the
effective date of the annexation.
B. Fire Protection
Fire protection (within the limits of existing hydrants) and emergency
medical services will be provided to the property upon the effective date
of the annexation. The estimated emergency response time in this area is
3.5 minutes from future Station #2, located at 3309 E. McKinney Street.
The City of Denton will provide emergency medical services ("EMS").
C. Roads and Streets
Roads and streets, which have been properly platted, duly dedicated, and
accepted by the City of Denton and/or Denton County, shall be maintained
by the City of Denton on the effective date of the annexation. Installation
and maintenance of street signs, street lighting and traffic control devices
will be maintained by the City of Denton on the effective date of the
annexation.
D. Parks and Recreation Facilities
Parks and recreational facilities in the area to be annexed will begin upon
the effective date of the annexation according to the 2000 Parks and
Recreation Master Plan. No parks are currently located within the
proposed annexation area. Denton neighborhood park facilities are within
reasonably close distance of the proposed annexation area. The closest
Denton Parks property to the proposed annexation area is Mack Park,
approximately 1.5 miles away. Residents of the proposed annexation area
will be able to use existing City of Denton park and recreation facilities
and programs.
E. Library Services
Library services will be made available on the effective date of the
annexation on the same basis and at the same level as similar library
facilities are maintained throughout the city.
F. Building Inspections and Consumer Health Services
Building inspections and consumer health services will be made available
on the effective date of the annexation on the same basis and at the same
level as similar facilities are maintained throughout the City. Both
services are provided on a "cost recovery" basis, and permit fees offset the
costs of services delivered. Incomplete construction must obtain building
permits from the Building Inspections Department of the City of Denton.
G. Planning and Development Services
Planning and development services will be made available on the effective
date of the annexation. The Planning and Development Department
currently services this property by way of administration of the Denton
Development Code, concerning subdivision and land development
regu ations.
city Council adopted The Denton Plan, the city's 1999-2020
comprehensive plan, by Ordinance 99-439 on December 7, 1999. The
Future Land Use Plan addresses both land in the city and its ETJ, and the
subject tract is within the Regional Mixed Use Centers land use
designation. The Denton Plan designates future land uses to manage the
quality and quantity of growth by organizing the land use patterns, by
matching land use intensity with available infrastructure, and by
preserving floodplains as environmental and open space corridors. The
Denton Plan will be used as a basis for final zoning classifications after
t e properties are annexe .
IV. UTILITY (RATEPAYER) SERVICES
A. Solid Waste Collection
The City of Denton is the exclusive residential and commercial solid
waste service provider in the City. City Ordinance requires Solid Waste
services for all residences and commercial businesses located within the
city limits. The City of Denton Solid Waste Department is fully funded
through the service fees charged, and receives no funding from city tax
revenues. Solid waste refuse collection and recycling collection services
will be provided to the newly annexed property immediately upon the
effective date of the annexation. To receive solid waste or recycling
collection service, the customer must contact the City of Denton Customer
Service Office, 940-349-8787, and submit arequest/application for
service. Commercial customers are required to complete and submit a
Service Agreement to Solid Waste Customer Service prior to receiving
service.
Commercial Refuse and Recycling Services
Each commercial business will be provided with a commercial
container(s), which are available in a variety of sizes and frequencies of
collection, based on the waste and recyclables types and volumes
generated. All refuse placed in the container for collection must be bagged
to eliminate wind-blown debris and littering. Refuse that is not placed in
the refuse container with the lid closed will not be collected. Refuse
placed outside the refuse container is subject to code enforcement
regulations, including potential fines. Recyclables placed in a recycling
container shall not be bagged. Container lids shall be kept closed at all
times during periods of materials storage (when not placing materials in
t e container).
Landfill Service
The City of Denton Solid Waste Landfill hours of operation are 7:00 a.m.
to 4:00 p.m. Monday through Friday; and 7:00 a.m. to 12:00 p.m. on
Saturdays. For information regarding disposal charges, call the Landfill
Office at 940-349-7510.
B. Water/WastewaterFaci1ities
There are water and wastewater facilities in the area to be annexed. The
City will provide a level of water and wastewater service, infrastructure,
and infrastructure maintenance that is comparable to the level of services,
infrastructure, and infrastructure maintenance available in other parts of
the city with topography, land use, and population density similar to those
reasonably contemplated or proj ected in the area.
C. Drainage Services
Drainage maintenance will be provided to the property upon the effective
date of the annexation. The City will provide a level of drainage services,
infrastructure, and infrastructure maintenance that is comparable to the
level of services, infrastructure, and infrastructure maintenance available
in other parts of the city with topography, land use, and population density
similar to those reasonably contemplated or projected in the area.
D. Electrical Services
Denton Municipal Electric is certified by the State and is obligated to
provide electric utility service to the annexation area should a request be
made by a property owner. Electric utility service will be made available
on the effective date of the annexation on the same basis and at the same
level as similar facilities are maintained throughout the city.
V. OTHER SERVICES
Other services that may be provided by the City, such as municipal and
general administration will be made available on the effective date of the
annexation. The City shall provide a level of services, infrastructure, and
infrastructure maintenance that is comparable to the level of services,
infrastructure, and infrastructure maintenance available in other parts of the
City with topography, land use, and population density similar to those
reasonably contemplated or projected in the area.
VI. CAPITAL IMPROVEMENTS PROGRAM (CIP)
No new construction of additional water, sewer, street, and drainage facilities
is contemplated within the annexed area as a result of this annexation. No
construction of public improvements is contemplated as a result of this
annexation that would begin within two and a half (2 %2) years after the
effective date of the annexation. The City shall consider construction of
other public improvements as the needs dictate on the same basis as such
public improvements are considered throughout the City for areas having
similar characteristics oftopography, land use, and population density.
VII. UNIFORM LEVEL OF SERVICES MAY NOT BE REQUIRED
Nothing in this plan shall require the City to provide a uniform level of full
municipal services to each area of the City, including the annexed area, if
different characteristics of topography, land use, and population density are
considered a sufficient basis for providing different levels of service.
VIII. TERM
This service plan shall be valid for a term of ten (10) years. Renewal of the
service plan shall be at the discretion of City Council.
IX. AMENDMENTS
The service plan may be amended if the City Council determines at a public
hearing that changed conditions or subsequent occurrences make this service
plan unworkable or obsolete. The City Council may amend the service plan to
conform to the changed conditions or subsequent occurrences pursuant to
Texas Local Government Code, Section 43.056 (Vernon Supp. 2000).
EXHIBIT 4
ANNEXATION REQUEST
SERVICE AREA ANALYSIS
A07-0002 Denton Municipal Electric Spencer Complex Annexation
The Planning and Development Department has received a request for annexation of two
parcels, approximately 9.39 acres, located on the north side of Spencer Road between
Woodrow Lane and Brinker Road. The parcels are within a tract of land legally described as
Municipal Utility Addition, Lot 1, Block 2.
Size: 9.39 acres
Location: North side of Spencer Road between Woodrow Lane and Brinker Road
Proposed use: Basic Utility
Proposed zoninq: Employment Center Commercial (EC-C)
The purpose of the service area analysis is to determine how the city would provide services to
the area should it be annexed into the city. A service area analysis form is attached. Please
provide the requested information and any other pertinent information. To determine the city's
ability to provide services to the proposed area it is necessary to document:
• each department's existing capacity to provide an adequate level of service to the
proposed area;
• additional personnel and capital equipmentlfacilities necessary to provide an adequate
level of service to the proposed area; and
• cost of providing additional service.
Existing Conditions:
Proximity to existing arterial and collector roads. This property is located on the north side of
Spencer Road between Woodrow Lane and Brinker Road. Spencer Road is classified as a
Collector Road on the City's Mobility Plan.
Future Land Uses. The proposed annexation area is within the Employment Centers land use
designation.
Existing land uses: The subject property is currently developed as a Municipal Electric Utility
Operation facility.
Prominent natural features: The Environmentally Sensitive Areas (ESA) map shows that this
property is not within an ESA or within a floodplain.
Proximity to other service providers: The two within a tract of land owned by the City of
Denton. The tract of land is currently use as a Municipal Electric Utility Operation facility.
There are various water and sewer lines that transect the subject parcels.
Thank you for your consideration of this request. Please submit any other information that you
believe is pertinent to evaluate the provision of services to this area to Ron Menguita in the
Planning and Development Department by May 18, 2007, and call (940)349-8328 if there are
any questions.
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SERVICE AREA ANALYSIS
A07-0002 Denton Municipal Electric Spencer Complex Annexation
Fire
1.
2.
3.
Fire and Emergency Medical Services can be provided to the area from station(s)
# 2, located at 3309 E. McKinney Street.
Estimated response time.
3.5 minutes
Appropriate response time in the City. 3.5 minutes
4. Is a new fire station approved in the CIP that could serve this area? NO If yes, what is
the CIP program year?
5. Will a new fire station be requested in upcoming CIP proposals to serve this area? NO
If yes, when should this station be operational?
6. Total estimated funding for equipment, employees and/or facilities needed to serve this
area strictly based on annexation and proposed development. NIA
7. Please comment on the cumulative impact of annexation and development.
At what population level would another fire station facility be required? NIA
Is there an accepted facility/equipment to population ratio that can be used for planning
purposes? NIA
Is there an accepted fire fighter to population ratio that can be used for planning
purposes? NIA
Additional Comments: NONE
Rick Jones, (940) 349-8860
Person to contact if there are questions
May 17, 2007
Date
SERVICE AREA ANALYSIS
A07-0002 Denton Municipal Electric Spencer Complex Annexation
Parks and Recreation
1. What neighborhood park and recreational facilities are currently serving this area or are
capable of serving this area if annexed and/or developed (federal, state, or local)?
None are within the proposed annexation. The closest Denton Parks property to
the proposed annexation area is Mack Park,1.5 miles. Since this area is an
industrial-government area, no residential currently exist or most likely ever will
due to the municipal facilities on the property.
2. What projects and/or equipment will be needed to adequately serve this area if annexed
and/or development based on the parks and recreation master plan or similar
standards? The 2000 Denton Park and Recreation Master Plan does not indicate a
need for a Community Park in the general area of the proposed annexation.
Neighborhood Parks: 2.5 (to be dedicated at time of development) acres per
1,000 population
5 acres minimum size.
(by developer) cost per acre.
Recreation Center: square feet per 1,000 population.
square feet minimum size.
cost per square foot.
Other facilities
Community Parks: 3 acres per 1,000 population.
30 acres minimum.
cost per square foot.
3. How much additional funding will be needed for maintenance if additional park facilities
are developed to serve this area? NONE
Based on $3,454 (developed) cost per acre
cost per square foot
4. How many additional personnel would be needed to properly serve this area if annexed
and developed? NONE
additional personnel per 1,000 population;
additional personnel per 1,000 square feet of facility; or
additional personnel per acre of park.
5. Service Standards:
0.5 to 0.7 FTE (depending on type of service) additional personnel per 1,000
population
$38,000 per year cost per additional personnel
Additional Comments: NONE
Bob Tickner, (940) 349-8275
Person to contact if there are questions
May 25, 2007
Date
SERVICE AREA ANALYSIS
A07-0002 Denton Municipal Electric Spencer Complex Annexation
Police
1. Estimated average response time for this area based on current department conditions:
Priority 4 minutes
Non-priority 17 minutes
Average 10.5 minutes
2. Appropriate average response time in the city based on current department conditions:
Priority 4 minutes
Non-priority 17 minutes
Average 10.5 minutes
3. If annexed and developed as proposed will additional personnel be needed as a specific
result of this proposal? NO If yes, how many? What type?
4. Will additional equipment and funding be needed to serve this area? NO If yes, what
type?
5. Will a police substation or other facility be needed to serve this area as a result of
annexation and development? NO If yes, when should the new facilities be
operational?
6. Please comment on the cumulative impact of annexation and development.
At what population level would another police facility be required? NIA
Is there an accepted facilitylequipment to population ratio that can be used for planning
purposes? NO
Is there an accepted officer to population ratio that can be used for planning purposes?
1.79 Officers per 1,000 citizens
Additional Comments:
Lt. Lee Creamer
Person to contact if there are questions
June 5, 2007
Date
SERVICE AREA ANALYSIS
A07-0002 Denton Municipal Electric Spencer Complex Annexation
Library
1. Estimated additional funding needed strictly based on proposed annexation and
development. $0.00
2. Please comment on the cumulative impact of annexation and development. Since this
site is not planned for residential development, the annexation and development
of the DME Spencer Complex will not have a negative impact on library services.
3. At what population level would another library facility be required? 131,738
4. Is there an accepted circulation to population ratio that can be used for planning
purposes? YES; 8.7 is the national 2006 annual circulation per capita mean or
average forthe legal service area population served by the Denton Public Library.
5. Is there an accepted employee to population ratio that can be used for planning
purposes? YES;1FTE per 2,712 population
6. If annexed, can anticipated service demands be met using existing materials, facilities,
and personnel? YES
7. If not, how many additional employees and what type of facilities and materials will be
needed to provide services? NIA
Additional Comments: This annexation will not impact the current level of library
services.
Eva Poole, (940) 349-8750
Person to contact if there are questions
May 18, 2007
Date
SERVICE AREA ANALYSIS
A07-0002 Denton Municipal Electric Spencer Complex Annexation
Solid Waste
1. Is residential solid waste service available to the proposed area for annexation?
Residential service has not been requested. The area is developed as an electric
utility operations facility, receiving commercial service.
2.
3.
4.
5.
6.
7.
Is commercial solid waste service available to the proposed area for annexation?
Commercial service is currently being provided.
What is the estimated cost to provide this area with solid waste service?
Equipment and Maintenance. Incremental customer costs
Personnel. Incremental customer costs
What is the typical revenue collected per:
Household. NIA
Commercial Business Based on level of service
Will additional equipment be needed to serve this area if annexed or developed?
Type of Equipment. NIA
Cost of Equipment. NIA
Will additional employees be needed to serve this area if annexed or developed?
Type of Employees. NIA
Number of Employees. NIA
Please comment on the cumulative impact of annexation and development.
At what population level would additional equipment be required? NIA
Is there an accepted equipment to population ratio that can be used for planning
purposes? NO
Is there an accepted employee to population ratio that can be used for planning
purposes? NO
Additional Comments: NONE
Scott Lebsack, (940) 349-8069
Person to contact if there are questions
May 18, 2007
Date
SERVICE AREA ANALYSIS
A07-0002 Denton Municipal Electric Spencer Complex Annexation
Electric Utilities
1. What is the distance to, location of, and size of the nearest City of Denton electric line?
2. What type of lines and facilities would be required to serve this area?
3. Are any new lines or facilities proposed for construction to serve this area?
4. Are there any potential responsibilities if this area is annexed?
5. Please comment on the cumulative impact of annexation and development.
At what population level would additional equipment be required?
Is there an accepted equipment to population ratio that can be used for planning
purposes?
Is there an accepted employee to population ratio that can be used for planning
purposes?
Additional Comments: Our obligation to provide electric service if it is requested is tied
to the Certificate of Convenience and Necessity (CCN) issued to DME by the Public
Utilities Commission of Texas. Our authorized CCN does not correspond with the city
limits. It includes most, but not all, of the present city limits and quite a bit of area
outside the present city limits. If someone requests us to provide electric service
anywhere within our CCN, we must provide thatservice, regardless of whether the
facility is located within or outside the city limits. Therefore there is never any impact
on DME from an annexation.
Sharon Mays, (940) 349-8487
Person to contact if there are questions
May 7, 2007
Date
SERVICE AREA ANALYSIS
A07-0002 Denton Municipal Electric Spencer Complex Annexation
Wate rlWastewate r
1. What is the nearest City of Denton water line?
Size of water line.
Location of water line.
Distance from proposed annexation.
2. What is the nearest City of Denton sewer line?
Size of sewer line. 12-inch
Location of sewer line. Along access road to the Water Plant
Distance from proposed annexation. Within the annexation area
3. According to the City of Denton master plan what type of lines and facilities would be
required for this area and when are those lines and facilities proposed for construction.
Size Year Location
Water lines
Sewer lines None
4. Are there any City of Denton lines included in the proposed annexation?YES,12inch
5. Please comment on the cumulative impact of annexation and development
At what population level would additional equipment be required?
Is there an accepted equipment to population ratio that can be used for planning
purposes?
Is there an accepted employee to population ratio that can be used for planning
purposes?
Additional Comments: Since the property in question has been served water for years
and will add no new population, I have no comments to provide.
Tim Fisher, Assistant Director Water, (940) 349-7190 May 4, 2007
P. S. Arora, Assistant Director Wastewater, (940) 349-7189 May 18, 2007
Person to contact if there are questions
Date
SERVICE AREA ANALYSIS
A07-0002 Denton Municipal Electric Spencer Complex Annexation
Engineering and Transportation
1. What existing roads, bridges and other transportation facilities will be impacted by this
proposed annexation and development in terms of needed improvements or upgrades?
Name and location Type of Improvement Approximate Cost
Spencer Road No improvements, however
ROW will be required if not already
dedicated
2. Are any of these improvements presently scheduled to be done at state or federal
expense? NO If yes, please identify facility and anticipated date improvements will
begin.
3. Please list any drainage improvements that may require local funding, and include
estimated cost (if no specific improvements can be determined, please make general
comments concerning drainage).
4. Will additional equipment and facilities be needed as a specific result of this annexation
and development? NO If yes, what type of equipment or facility?
5. Please comment on the cumulative impact of annexation and development.
At what population level would additional equipment be required? NONE
Is there an accepted equipment to population ratio that can be used for planning
purposes? NO
Is there an accepted employee to population ratio that can be used for planning
purposes? NO
Additional Comments: As of this writing, Planning has not received a response from
Drainage. As soon as information is received, it will be included in the Service Area
Analysis.
Bud Vokoun, (940) 349-7710
Person to contact if there are questions
May 7, 2007
Date
SERVICE AREA ANALYSIS
A07-0002 Denton Municipal Electric Spencer Complex Annexation
Denton Independent School District
1. Education services are currently provided by:
2. If annexed, can anticipated service demands be met using existing materials, facilities
and personnel?
3. If not, how many additional employees and what type of facilities and materials will be
needed to provide services?
4. Estimate additional funding needed strictly based on proposed annexation and
development.
5. Will projected school taxes from this development provide that additional funding?
6. Please comment on the cumulative impact of annexation and development.
7. At what population level would other school facilities be required for the City of Denton?
8. Is there an acceptable employee to population ratio that can be used for planning
purposes?
Additional Comments: As of this writing, Planning has not received a response from
Denton Independent School District. As soon as information is received, it will be
included in the Service Area Analysis.
Person to contact if there are questions
Date
AGENDA INFORMATION SHEET
AGENDA DATE: June 19, 2007
DEPARTMENT: Planning and Development
ACM: Howard Martin, 349-8232
SUBJECT A07-0001 (Westview Commercial Annexation)
Hold the second of two public hearings to consider the voluntary annexation and service plan for
approximately 127.9662 acres. The property to be annexed is generally located in the
northwestern area of the City of Denton's Extraterritorial Jurisdiction (ETJ) at the northwest
corner of I-35N and the future Loop 288 extension. The parcel is legally described as a tract of
land situated in the BBB &CRR Survey, Abstract No. O l 41 A, Denton County, Texas, and a tract
of land situated in the Whitlock Survey, Abstract No. A1403A, Denton County, Texas.
BACKGROUND
Applicant: Spring Brook Planning Group Grapevine, TX
A voluntary annexation proceeding is being considered by the City of Denton for the Westview
Commercial property and associated right-of way. The ownership of the property is Westview
Commercial LP. The subject property is currently undeveloped (see Exhibit 1) except for the
development of one gas well site. The proposed annexation is being initiated by the applicant,
Spring Brook Planning Group, on behalf of the property owner.
The following items summarize the proposed annexation and important actions taken:
~ On Friday, April 27, 2007, the City Council was informed (reading file) of the request for
the voluntary annexation proceedings for approximately 127.9662 acres legally
described as a tract of land situated in the BBB &CRR Survey, Abstract No. 0141A,
Denton County, Texas, and a tract of land situated in the Whitlock Survey, Abstract No.
A1403A, Denton County, Texas.
~ On Tuesday June 12, the City Council held the first of the two public hearings to consider
this voluntary annexation.
• The entire area proposed for annexation is located within City of Denton's Extra-
territorial Jurisdiction (ETJ) and is not zoned.
^ The Comprehensive Plan identifies this area to be within a Regional Mixed Use Centers
land use designation.
^ The annexation is scheduled for completion on September 1 1, 2007 (see Exhibit 2).
In accordance with the City's annexation policy plan, approved in June 1993, the City will
"assess on a case by case basis the annexations of areas in the ETJ when significant
developments are proposed." Annexation should be considered when a property is located
within the designated urbanizing area; is expected to accommodate urban growth in the next
twenty years; and if the annexation is contiguous to existing city limits, city roads and rights-of
way. The subject site is located in Denton's ETJ Division 1. As such, development is subject to
only the City's subdivision regulations and not zoning regulations. The subject site is not
platted; any subsequent subdivision or reconfiguration of the subject site will be subject to the
city's subdivision regulations. Incorporation of this site into the city would not require
additional properties.
(1PTT(1NC
1. Proceed with the annexation.
2. Amend the land area proposed for annexation.
3. Amend the Service Plan.
4. Discontinue annexation.
RECOMMENDATION
The Development Review Committee recommends that the first public hearing for A07-0001 is
held as scheduled.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
No prior action/review
FISCAL INFORMATION
Development of this property will increase the assessed value of the city, county, and school
district. It will require no short-term public improvements that are the responsibility of the city.
The proposed annexation area will add additional tax base to the city.
F,XTTTRTTC
1. Location Map
2. Annexation Summary Schedule
3. Service Plan
4. Service Area Analysis
Brian Lockley, AICP
Interim Director of Planning and Development
Prepared by:
~..
Lori Shelton, AICP
Planner II
2
EXHIBIT 1
Location Map
EXHIBIT 2
ANNEXATION SCHEDULE SUMMARY
Denton Municipal Electric Spencer Complex Potential Annexation
Notices to Intent to Annex (30 day prior to lst PH) will be sent on May 4, 2007.
Tuesday, 6/12/07 City Council conducts first public hearing. (2nd Tuesday Session)
• Public notice must be no less than 10 days and no more than 20
days before public hearing.
^ Annexation Study prepared and available for public review.
^ Service Plan prepared and available for public review.
Tuesday, 6/19/07 City Council conducts second public hearing.
• Public notice must be no less than 10 days and no more than 20
days before public hearing.
Wednesday, 6/27/07 Planning and Zoning Commission public hearings -make a
recommendation to City Council regarding the ro osed
annexation and rezonin~~uest.
Tuesday, 7/17/07 City Council by afour-fifths vote institutes annexation
procee mgs.
First reading of annexation ordinance.
• Action must be more than 20 days after the second public
hearing but less than 40 days from the first public hearing.
Sunday, 7/29/07 Ordinance published
• The ordinance cannot be acted upon until at least 30 days after
publication.
Tuesday, 9/11/07 City Council by afour-fifths vote takes final action. Second
reading and adoption of the annexation ordinance. City Council
considers adoption of zoning request.
• Council action must be more than 30 days after publication of
ordinance and less than 90 days after council institutes
annexation proceedings (adopts ordinance on 1st reading). The
second reading of the ordinance and zoning approval could be
held any time between August 28, 2007 and October 15, 2007.
Annexations must be rigidly coordinated in conjunction with the City Council public hearing
schedule due to specific timing mandates established by Texas State Law. The Texas Local
4
Government Code requires that City Council institute annexation proceedings (1St Reading of the
Ordinance) more than 20 days after the second City Council public hearing but less than 40
days from the first City Council public hearing.
EXHIBIT 3
CITY OF DENTON SERVICE PLA11T FOR
A09-0001- Westview Commercial Annexation
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10
EXHIBIT 4
ANNEXATION REQUEST
SERVICE AREA ANALYSIS
A07-0001- Westview Commercial
The Planning and Development Department has received a request for annexation of
approximately 127.9662 acres generally located on the west side of I-35N at the proposed
extension of Loop 288.
Size: 127.9662 acres
Location: West of Interstate 35 North at Loop 288
Proposed use: Commercial Development
Proposed zoning: Regional Center Commercial Downtown (RCC-D)
The purpose of the service area analysis is to determine how the city would provide services to
the area should it be annexed into the city. A service area analysis form is attached. Please
provide the requested information and any other pertinent information. To determine the city's
ability to provide services to the proposed area it is necessary to document:
• each department's existing capacity to provide an adequate level of service to the
proposed area;
• additional personnel and capital equipment/facilities necessary to provide an adequate
level of service to the proposed area; and
• cost of providing additional service.
Existing Conditions:
Proximity to existing arterial and collector roads. This property is located on the west side of
I35N at the proposed extension of Loop 288. The proposed Loop 288 extension will make up the
southern boundary of the site. Both the proposed Loop 288 extension and I35N are designated on
the Denton Mobility Plan as Freeways.
Future Land Uses.
land use designation.
The proposed annexation area is within the Regional Mixed Use Centers
Existin land uses: The subject property is primarily undeveloped and has one gas well site.
Prominent natural features: The Environmentally Sensitive Areas (ESA) map shows protected
stream buffers located on the subj ect site.
Proximity to other service providers: Based on the current data, there is no sewer line in close
proximity to the subject property. There is a 16 inch water line that runs along the northern
boundary of the property and a 16 inch water line that runs along I-35 North to the east of the
property.
11
12
SERVICE AREA ANALYSIS
A07-0001- Westview Commercial
FIRE
1. Fire and Emergency Medical Services can be provided to the area from station(s) #
5 , located at 223 0 W. Windsor
2. Estimated response time. _3.5 minutes
3. Appropriate response time in the City. 3.5_ minutes
4. Is a new fire station approved in the CIP that could serve this area? No If yes, what
is the CIP program year?
5. Will a new fire station be requested in upcoming CIP proposals to serve this area?
No If yes, when should this station be operational?
6. Total estimated funding for equipment, employees and/or facilities needed to serve this
area strictly based on annexation and proposed development. _n/a
7. Please comment on the cumulative impact of annexation and development.
At what population level would another fire station facility be required? _n/a
Is there an accepted facility/equipment to population ratio that can be used for planning
purposes? _n/a
Is there an accepted fire fighter to population ratio that can be used for planning
purposes? _n/a
Additional Comments:
Rick Jones, Fire Marshal
Person to contact if there are questions
5/17/2007
Date
13
SERVICE AREA ANALYSIS
A07-0001- Westview Commercial
Parks and Recreation
1. What neighborhood park and recreational facilities are currently serving this area or are
capable of serving this area if annexed and/or developed (federal, state, or local)?
None are within the proposed annexation. The closest Denton Parks property to
the proposed annexation area are North Lakes Park,1.5 miles, Northpointe Park, 2.2
miles, McKenna Park, 2.75 miles, Airport Open Space Park, 3,6 miles. Current
residents will be able to use existing City of Denton parks, facilities and programs.
2. What projects and/or equipment will be needed to adequately serve this area if annexed
and/or development based on the parks and recreation master plan or similar standards?
The 2000 Denton Park and Recreation Master Plan does not indicate a need for a
Community Parkin the general area of the proposed annexation.
Service Standards:
Neighborhood Parks: 2.5 acres per 1,000 population (to be dedicated at time of
development)
5 acres minimum size.
(by developer) cost per acre.
Community Parks: 3.0 acres per 1,000 population
30 acres minimum
3. How much additional funding will be needed for maintenance if additional park facilities
are developed to serve this area? None
Service Standard:
Based on $3,454 (developed) cost per acre.
4. How many additional personnel would be needed to properly serve this area if annexed
and developed? None
Service Standards:
0.5 to 0.7 FTE additional personnel per 1,000 population (depending on type of service)
X38,000 per year cost per additional personnel
Additional Comments:
Person to contact if there are questions Date: 5-4-07
Bob Tickner, Superintendent of Park Planning and Development, 940-349-8275
14
SERVICE AREA ANALYSIS
Police
A07-0001- VVestview Commercial
1. Estimated average response time for this area based on current department conditions:
Priority 4 minutes
Non-priority 17 minutes
Average 10.5 minutes
2. Appropriate average response time in the city based on current department conditions:
Priority 4 minutes
Non-priority 17 minutes
Average 10.5 minutes
3. If annexed and developed as proposed will additional personnel be needed as a specific
result of this proposal? NO If yes, how many? What type?
4. Will additional equipment and funding be needed to serve this area? NO If yes,
what type?
5. Will a police substation or other facility be needed to serve this area as a result of
annexation and development? NO If yes, when should the new
facilities be operational?
6. Please comment on the cumulative impact of annexation and development.
At what population level would another police facility be required?
N/A
Is there an accepted facility/equipment to population ratio that can be used for planning
purposes? NO
Is there an accepted officer to population ratio that can be used for planning purposes?
1.79 Officers per 1,000 citizens
Additional Comments:
Lt. Lee Creamer
Person to contact if there are questions
06/05/2007
Date
15
SERVICE AREA ANALYSIS
Library
A07-0001- VVestview Commercial
1. Estimated additional funding needed strictly based on proposed annexation and
development. $0.00
2. Please comment on the cumulative impact of annexation and development. Since this
site is not planned for residential development, the annexation and development of
VVestview Commercial will not have a negative impact on library services.
3. At what population level would another library facility be required? 131,738
4. Is there an accepted circulation to population ratio that can be used for planning
purposes? Yes; 8.7 is the national 2006 annual circulation per capita mean or average for
the legal service area population served by the Denton Public Library.
5. Is there an accepted employee to population ratio that can be used for planning purposes?
Yes; l FTE per 2,712 population
6. If annexed, can anticipated service demands be met using existing materials, facilities,
and personnel? Yes, as this annexation is designated as commercial.
7. If not, how many additional employees and what type of facilities and materials will be
needed to provide services? N/A
Additional Comments: This commercial annexation will not impact the current level of library
services.
Eva Poole, Director of Libraries
Person to contact if there are questions
May 18, 2007
Date
16
SERVICE AREA ANALYSIS
A07-0001- VVestview Commercial
1.
2.
3.
4.
5.
Is residential solid waste service available to the proposed area for annexation? Yes
Is commercial solid waste service available to the proposed area for annexation?
Yes
What is the estimated cost to provide this area with solid waste service?
Equipment and Maintenance. Incremental Service Cost
Personnel. Incremental Service Cost
What is the typical revenue collected per:
Household. Based on Refuse cart provided.
Commercial Business Based on container and frequency of service.
Contact Customer Service, 940-349-8787, for service level and cost information.
Will additional equipment be needed to serve this area if annexed or developed?
Type of Equipment. No
Cost of Equipment. No
6. Will additional employees be needed to serve this area if annexed or developed?
Type of Employees. No
Number of Employees. NA
7. Please comment on the cumulative impact of annexation and development.
At what population level would additional equipment be required? NA
Is there an accepted equipment to population ratio that can be used for planning
purposes? No
Is there an accepted employee to population ratio that can be used for planning purposes?
No
Additional Comments:
S. Lebsack, 940-349-8069
Person to contact if there are questions
5/10/07
Date
17
SERVICE AREA ANALYSIS
A07-0001- Westview Commercial
Electric Utilities
1. What is the distance to, location of, and size of the nearest City of Denton electric line?
The nearest electric line is asingle-phase primary line providing electric service to the
water stora e.
2. What type of lines and facilities would be required to serve this area? Three phase
primary electric lines would be required to provide electric service to this area.
3. Are any new lines or facilities proposed for construction to serve this area? No
4. Are there any potential responsibilities if this area is annexed? NO
5. Please comment on the cumulative impact of annexation and development.
At what population level would additional equipment be required? NA
Is there an accepted equipment to population ratio that can be used for planning
purposes? NA
Is there an accepted employee to population ratio that can be used for planning purposes?
NA
Additional Comments:
Don McLau hg lin (940) 349-7119
Person to contact if there are questions
May 17, 2007
Date
18
SERVICE AREA ANALYSIS
WactPwatPr
A07-0001- VVestview Commercial
1. What is the nearest City of Denton water line?
Size of water line.
Location of water line.
Distance from proposed annexation.
2. What is the nearest City of Denton sewer line?
Size of sewer line. 10-inch
Location of sewer line. _800 feet north of north boundary of
proposed annexation area, and 800 feet west of IH35 ROW
Distance from proposed annexation. 800 feet
3. According to the City of Denton master plan what type of lines and facilities would be
required for this area and when are those lines and facilities proposed for construction.
Size Year Location
Water lines
Sewer lines None included in the Master Plan
4. Are there any City of Denton lines included in the proposed annexation? No
5. Please comment on the cumulative impact of annexation and development
At what population level would additional equipment be required?
Is there an accepted equipment to population ratio that can be used for planning
purposes?
Is there an accepted employee to population ratio that can be used for planning purposes?
Additional Comments:
P. S. Arora, Assistant Director Wastewater
to contact if there are questions
May 18, 2007 Person
Date
19
SERVICE AREA ANALYSIS
Water
A07-0001- Westview Commercial
1. What is the nearest City of Denton water line? Along north side of property along FM
1173 and the east side of property along I 35 Service Road.
a. Size of water line. 16 inch
b. Location of water line. see above
c. Distance from proposed annexation. see above_
2. What is the nearest City of Denton sewer line?
a. Size of sewer line.
b. Location of sewer line.
c. Distance from proposed annexation.
3. According to the City of Denton master plan what type of lines and facilities would be
required for this area and when are those lines and facilities proposed for construction.
i. Size Year Location
b. Water lines 20 inch Along Loop 288
c. Sewer lines
4. Are there any City of Denton lines included in the proposed annexation?
5. Please comment on the cumulative impact of annexation and development
a. At what population level would additional equipment be required?
b. Is there an accepted equipment to population ratio that can be used for planning
purposes? One crew per 18,750 Population
c. Is there an accepted employee to population ratio that can be used for planning
purposes? One FTE per 5,000 Population
Additional Comments:
The proposed line extension along the ROW extension of Loop 288 will be required by the
developer at the time of platting of the property.
Tim Fisher, Assistant Director of Water Utilities
Person to contact if there are questions
May 4, 2007
Date
20
SERVICE AREA ANALYSIS
A07-0001- Westview Commercial
En~ineerin~ and Transportation
1. What existing roads, bridges and other transportation facilities will be impacted by this
proposed annexation and development in terms of needed improvements or upgrades?
Name and location
Type of Improvement Approximate Cost
2. Are any of these improvements presently scheduled to be done at state or federal
expense? If yes, please identify facility and anticipated date improvements will
egm.
3. Please list any drainage improvements that may require local funding, and include
estimated cost (if no specific improvements can be determined, please make general
comments concerning drainage).
4. Will additional equipment and facilities be needed as a specific result of this annexation
and development? . If yes, what type of equipment or facility?
5. Please comment on the cumulative impact of annexation and development.
At what population level would additional equipment be required?
Is there an accepted equipment to population ratio that can be used for planning
purposes?
Is there an accepted employee to population ratio that can be used for planning purposes?
Additional Comments: As of this writing, Planning has not received a response from
Engineering and Transportation. As soon as information is received, it will be included in
the Service Area Analysis.
Person to contact if there are questions
Date
21
SERVICE AREA ANALYSIS
A07-0001- Westview Commercial
Denton Independent School District
1. Education services are currently provided by:
2. If annexed, can anticipated service demands be met using existing materials, facilities and
personnel?
3. If not, how many additional employees and what type of facilities and materials will be
needed to provide services?
4. Estimate additional funding needed strictly based on proposed annexation and
development.
5. Will projected school taxes from this development provide that additional funding?
6. Please comment on the cumulative impact of annexation and development.
7. At what population level would other school facilities be required for the City of Denton?
8. Is there an acceptable employee to population ratio that can be used for planning
purposes?
Additional Comments: As of this writing, Planning has not received a response from Denton
Independent School District. As soon as information is received, it will be included in the
Service Area Analysis.
Person to contact if there are questions
Date
22
AGENDA INFORMATION SHEET
AGENDA DATE: June 19, 2007
DEPARTMENT: Economic Development
CM: George C. Campbell ~
~T 1R TF,CT
Consider appointing a nominating committee to develop a slate of appointees for the
Economic Development Partnership Board.
BACKGROUND
Economic Development Partnership Board (EDPB) members serve two-year terms and
may serve as many as three terms. The process requires that the City Council appoint
three members to serve as the nominating committee, two from the City Council and one
from the Chamber of Commerce. The committee will meet with the Chamber of
Commerce Board Chair to consider recommendations of EDPB members. The
committee is asked to confirm with each nominee their willingness to serve.
Our ordinance provides that EDPB members must fall into specific categories when they
are originally appointed to the Board -City Council member, Chamber of Commerce
Board of Directors, Top Twenty Taxpayer and University of North Texas appointment.
The following five EDPB members' places are up for reappointment or replacement:
EDP Board Member Category Eligible for Reappointment
Euline Brock City Council Eligible
Jerry Mohelnitzky Chamber of Commerce Eligible
Bob Haley Top 20 Taxpayers Not Eligible (1 year remaining on term)
Denny Aldridge Top 20 Taxpayers Eligible
ESTIMATED SCHEDULE OF PROJECT
The City Council is scheduled to receive a report from the nominating committee at their
July 17, 2007 meeting. The Council will also vote on the slate of appointees at that time.
Respectfully submitted:
'e ~ 6'
r .~
i
v } •.L1~3 F ..
Y
Linda Ratliff, Director
Economic Development Department
-1-
~ ~
Handout to Council -Item 4J
06/19/2007
NOTICE CF CQNFENT~ALIT~ HT~ YF YOU ARE A NATURAL PERSON,
YOU MAY REIVI~E R TRII ANY [~R ALL DF THE F~LLDII~~ INF~~-
NIATI~N FRAM THIS INSTRUMENT BEFORE IT I FiLEI] FAR REC~I~D IN THE
PUBLIC RECORD: YOUR SOCIAL ECU~ITY NUMBED ~R YOUR DRYER'S
LICENSE NUMBER.
AIL AND SAS 1~AE
This Oil and has Lease this "Lease"~ is made on , 2~a7 between
'T 'n'~ ~F D~rrrorr, T~x~~ ~hereai~er called {`Lessor," whether ane yr .ore}, whose
address is 1 E. ~c~ey ~., De~tvn, Tee 7~~1 and Er~~~vv~ Ex~~~
REoT.~~E, L.P., whose address is 1101. ar~enfe~d uYte Z4~,1VI~d~and, ~e
'~9~"~~ thereafter called "Lessee"},
1, tint. In consideration ~~ one Thousand and nail ~~s dollars ~~ 1 a~0.~0}
per mineral acre and other goad and valuable consideration in hand paid, Lessor grants
and leases exclusively unto Lessee the fallowing described land tthe "Land"~ in Denton
County, Texas, for the sole purpose of exploring under, drilling under, and to produce,
save, treat, process, stare, and transport oit and gas and other products manufactured frarn
art and gas produced fxv the Land;
19,4 Acres as mare particularly described vn Exhibit "A" attached hereto
and nude part hereof.
~. Primary Term. This Lease is for a term of sue ~. ear from this date
tailed "Primary Term"~ and as long thereaer vii yr g is produced from the Land in
paying quantities.
3, urce Jae ProhibitedlProtect~an of Public 1,Jnd~. There is hereby
excepted and reserved to LESSER the full use of the land covered hereby and all rights
with respect to the surface and subsurface thereof far any and all purposes and all miner-
als except those expressly leased herein and only to the extent herein leased to LESSEE,
LESSER reserves and excepts from this Lease all of the surface of the land described in
paragraph 1, and LESSEE agrees that it will not conduct drilling operations or any other
operations or activities of any nature on the surface of such Land. Lessee its agents, can-
travactors, heirs, successors or assigns shall have no rights of ingress or egress upon the sur-
face of the Land and herein waives any rights tv any implied casement #~ use the surface
of the Land. Unless this Lease speclf~cally provides far the conduct of se1snuc opera-
tions, Lessee is prohibited from using the surface of the Land far any purpose, but Lessee
may engage in directional or horizontal drilling activities beneath the Land that are con-
ducted an the surface of other lands. Any directional ar horizontal drilling must penetrate
the Land sufficiently below the surface as to not interfere with the present ar future use of
the surface of the Land for public park use, and in nv event nay the directional or hori-
~vntal drilling penetrate the Land less than Oa feet below the surface. A directional or
horizontal well drilled under this provision shall be considered to be located an the Land.
Page 1 of 13- ~~ A~ ~s L~as~
City of Dento~lross Timbers Park Lease) [swk~;~22~47]
s.lour docttet~slcontr~ets1~71cross timbers park lease ~ ~~~n~7 final},doe
y
f '
Lessee's surface locations for wells affecting this Lease sha11 not enter ~ surface within
5aa feet ofthe Land.
4, M~e~ hovered. This Lease cavern only oil and gas. The term "ail and
gas" weans ail, gas, and other liquid and gaseous hydrocarbons produced through a well
bare.
5, Ro~a~ty.
~a} As royalties, Lessee agrees:
. ~ ~ ~ To deliver free of cast to Lessor at the wells or to the credit
of Lessor at the pipeline tQ which the wells nay be connected, twenty five percent
the "Royalty percentage"} of all aid and other liquid hydrocarbons produced and saved
from the Land. At Lessor's option, which may be exercised from time to t.e, Lessee
shall pay to Lessor the same part of the market value at the well of ail and other liquid
hydrocarbons of like grade and gravity prevailing on the day the ail and other hydrocar-
bons are run franc the Lease in the general area in which the Land is located.
(2) To pay to Lessor:
~i} ~n gas produced from the Land and Bald by
Lessee or used on ar off the Land and to which the following subparagraphs iii} and viii}
da not apply, the Royalty Percentage of the market value at the point of sale, use, or other
disposition.
iii} ~n gas produced from the Land that is
processed in a processing plant in which Lessee ar an afliate of Lessee has a direct or
indirect interest, the higher of the Royalty Percentage of the market value of the gas at the
iniot to the processing plant, ar the Royalty Percentage of the market value of all
processed liquids saved from the gas t the plant plus the Royalty Percentage of the n~.ar-
ket value of alt residue gas at the point of sale, use, ar other dispos~t~an.
viii} ~n gas produced from the Land that is
processed in facilities other than a processing plant in which Lessee or an affiliate of Les-
see has a direct or indirect interest, the Royalty Percentage of the market value at the
plant of all processed liquids credited to the account of Lessee and attributable to the gas
plus the Royalty Percentage of the market value of all residue gas at the point of sale, use,
ar other disposition,
{b} If gas produced from the Land is Bald by Lessee pursuant to an
arms-length contract with a purchaser that is not an affiliate of Lessee, and for a term no
longer than that which is usual and customary in the industry at the time the contract is
made, then the market value of the gas sold pursuant to the contract shall be the total
proceeds received by Lessee in the sale, subject to the provisions of paragraph Sic} be~
low.
Page 2 ~f 1 ~- ~, Alen ~ L~s~
~~ity ~f I~entonfross Timers Park Lea~se~[~wh;0~2']~?]
s:~o~r docume~tslcontrac~s1~71crass umbers pad lease 11 jr~~~7 ~fi~a1).doc
(c) The mazket value of gas will be determined at the specified loca-
tion by reference to the gross heating value (measured in British thermal units) and quali-
ty of the gas. The mazket value used in the calculation of oil and gas royalty will never be
less than the total proceeds received by Lessee in connection with the sale, use, or other
disposition the oil or gas produced or sold. For purposes of this paragraph, if Lessee rece-
ives from a purchaser of oil or gas any reimbursement for all or any part of severance or
production taxes, or if Lessee realizes proceeds of production after deduction for any ex-
pense of production, gathering, dehydration, separation, compression, transportation,
treatment, processing, storage, or mazketing, then the reimbursement or the deductions
will be added to the total proceeds received by Lessee. Royalty will be payable on oil and
gas produced from the Land and consumed by Lessee on the Land for compression, de-
hydration, fuel, or other use.
(d) Lessor's royalty will never beaz, either directly or indirectly, any
part of the costs or expenses of production, sepazation, gathering, dehydration, compres-
sion, transportation, trucking, processing, treatment, storage, or mazketing of the oil or
gas produced from the Land or any part of the costs of construction, operation, or depre-
ciation of any plant or other facilities or equipment used in the handling of oil or gas on
the pooled lands and/or prior to the point of sale. It is understood and agreed between
Lessor and Lessee that this clause shall not be considered surplusage as per the principles
of the Heritage Resources v. Nations Bank, 960 S.W.2d 619 (Tex. 1997) case and shall
be given its full meaning and effect. Notwithstanding anything herein contained to the
contrary, Lessor and Lessee agree that Lessor's royalty on gas (to the extent Lessor has
not elected to take his or her royalty gas in kind) shall beaz its proportionate share of
post-production costs associated with such gas to the extent such production costs aze in-
curred at a point or points not on the lease premises. In the event Lessee and/or its affili-
ates provide off-lease post-production services the fee attributable to Lessor's royalty gas
shall be the lesser of: 1) the lowest rates chazged third parties by Lessee and/or its affili-
ates for similaz services or 2) the lowest rate that could otherwise be negotiated under an
arms length agreement with bona-fide third parties for the same services.
(e) Lessor shall be paid the Royalty Percentage of all payments and
other benefits made under any oil or gas sales contract or other arrangement, including
take-or-pay payments and payments received in settlement of disputes; provided that if
Lessor receives atake-or-pay payment or similaz payment for gas that has not been pro-
duced, and if the gas is subsequently produced, Lessor will only receive its Royalty Per-
centage of any payments made for make-up gas taken pursuant to the take or-pay provi-
sion or similaz provision.
(f) Lessee must disburse or cause to be disbursed to Lessor its royalty
on production from a particulaz well not later than 90 days a8er completion of the well,
in the case of an oil well, or after the pipeline connection, in the case of a gas well. The-
reafter, Lessee must disburse or cause to be disbursed to Lessor its royalty on production
by the last day of the second month after the month of production. If not paid when due,
Lessor's royalty will beaz interest at the maximum lawful rate from due date until paid,
which amount Lessee agrees to pay. Acceptance by Lessor of royalties that aze past due
Page 3 of l3- On. Alva Gas Lease
(City of Denton/Cross Timbers Pazk Lease)[swh;022707]
s:lour documeo[s[cootractsW7~cross timbers park lease 1 Ijun07 (fmal).doc
will not act as a waiver or estoppel of its right to receive interest due thereon unless Les-
sor expressly so provides in writing signed by Lessor. The royalty payment obligations
under this Lease shall not be affected by any division order or the provisions of the ec-
tior~ I ,4a~ of the Texas Natural resources bode or any sir~.ilar statute.
fig} Upon written request by Lessor, Lessee shall tender a full account-
ing as to the payment of royalty to Lessor within ~~ days of said. request, The format
shall be in the form requested by Lessor, ~Iawever, if na format is specified Lessee shall
respond in a format that provides Lessor with an accurate depiction of the amount of pro
duc~on from the wells} affecting this Lease for the tine period specified and the alloca-
tions of payments to the Lessor along with deductions, if any.
~h} s used in this Lease, "affili.te" means ~i~ a corporation, point ven-
tare, partnership, ar other entity that owns more than ten percent of the outstanding vat
in interest of Lessee or in which Lessee owns mare than ten percent of the outstanding
voting interest; or ~ii~ a corporation, ~ Dint venture, partnership, or other entity in which,
together with Lessee, mare than ten percent of the outstanding voting interests of bath
Lessee and the other corporation, joint venture, partnership, or other entity is owned or
controlled by the same persons or group of persons,
~i} The receipt by Lessee from a purchaser or a pipeline company of
proceeds of production for distribution to Lessor will not result in Lessee acquiring legal
or equitable title to those proceeds, but Lessee will at all tine bald the proceeds in trust
for the benefit of Lessor. l~otwithstanding the insolvency, bankruptcy, or other business
failure of a purchaser of production from the Land or pipeline company transporting pro-
duction firomthe Land, Lessee will remain liable for payment to Lessor for, and agrees to
pay Lessor all royalties due Lessor together with interest if not timely paid.
6. Shat#i~ l~o~~lty. ale there i~ a gas well on this Lease capable of pro-
ducing gas in paying quantities, but gas is not being sold, Lessee shall pay or tender in
advance an annual shut-in royalty of 2~a.aa per acre leased herein from which gas is not
being said, The first payment of such sum shall be on or before the first day of the calen-
dar month at the expiration of ninety ~9a~ days from the date the Lease is not maintained
by production, and thereafter subsequent payments nay be .ode at annual internals,
V~hile shut-~ royalty payments are timely and properly paid, this Lease will beheld as a
producing lease. The right of Lessee to maintain this Lease in force by payment of shut-in
gas royalty is limited to the period of two years that follow the expiration of the Primary
Team, The obliga~.on of Lessee to pay shut-in royalty is a condition and not a covenant,
The payment or tender of royalty under this paragraph may be made by the check ofLes-
seemailed or delivered to the parties entitled thereto an or before the due date.
7. Dr~I~ing ~~lig~t~o~IDe~ay l~el~t. ~n or before 1S0 da ~ firo>~ this date,
Lessee agrees to connnence the actual drilling of a well on land. pooled pursuant to para-
graph ~ a below with the band and thereafter drill it with reasonable diligence and ~. a
good and workmanlike manner to a depth sufficient to test the Barnett shale Formation
via horizontal drilling. while drilling the well, if Lessee encounters conditions that render
Page 4 of 13- Gd A~1D GAS ~~ASE
City of ~ent~~f~rass Timbers Park Lease~~sw~;~70T]
s:l~ur document~lcontracts~171cross timbers park lease l l~un~? final}.doe
fher drilling impractical, Lessee play commence a substitute well within a days after
abandoning the well. A substitute well that is drilled to the depth and in the manner re-
quired far the first well will satisfy this drilling obligation. ~f Lessee fails timely to com-
mence the well, or if having cam~nenced the well fails to drill it to the depth and in the
manner required, this Lease will terminate. Lessee may delay the conencernent of said
well to the end of the Primary Tema by paying to Lessor a one time Bela rental in the
Y
amount of $Saaa.Oa before the end of the first 1 SD days of this lease. Said delay rental
sha11 be paid directly to Lessor at the address listed above.
8. ontinuou~ Devel~p~en~.
~a} If, at the expiration of the Primary Term, ail or gas is not being
produced from the Land, but Lessen has commenced the drilling of a wall on lands that
will farm a proration unit that will include the Land, the Lease will not terminate but will
remain in effect for so long thereafter as operations arc carried out with due diligence
with no cessation of more than a days, and if the operations result in the Production of
ail or gas, the Lease shall remain in farce a,s otherwise provided herein. Far the purposes
of this Lease, the term {`operations" means operations far any of the following: drilling,
testing, completing, rewording, recampleting, deepening, plugging bacl~, or repairing of a
well in search of or in the endeavor to obtain production of oil or gas.
fib} After the Primary Term, if this Lease is maintained by production
ar otherwise,lt will remain In force as to all acreage and depths as long as there Is na
lapse of more than 1 ~a days between the completion of ane well and the commencement
of the actual drilling of another well. The commencement of actual drilling means the
penetration of the surface with a drilling rig capable of drilling to the anticipated total
depth of the well. After a well is camn~enced, drilling operations must continue with dili~
Bence and in a gaol and worl~.i~c manner in a goad faith effort to reach the antic-
ipated total depth. A. well will be deemed to have been completed on the date of the re-
lease of the drilling rig franc the drillsite. The permitted time between veils shall be cu-
mulative so that if a well is commenced prior to the date it is rewired. to be canan~enced,
the number of days prior to the date on which the well should have been commenced
shall be added to the tune Permitted far the next well.
~c~ ~f at any time the maxi~.una time for the commencement of the ac-
tual drilling of a well expires without tie conatnencement of a well, or upon the expira-
tian ofthe Primary Term if the Lease is not maintained by continuous drilling, this Lease
viii terminate except as to the portion of the Land. contained in ariy Proration unit with a
well that is then producing in paying quantities or deemed to be producing in paying
quantities by virtue of payment of shut~in royalties. The Lease will then terminate as to
all depths below the stratigraphic equivalent of the base of the deepest producing forma-
tion onthe said proration unit. If production from the said proration unit ceases from any
cause, this Lease will terrnitaate as to the portion of the Land contained therein unless
Lessee commences operations far drilling or reworn on the well from which produc-
tion ceased ar an a new well an other lands that would include the Land in the proration
unit within 9a days after the cessation of production, in which case the Lease as to that
Page 5 of 13- ~~ A~ Gas L~s~
{City oi~Dento~ICross Tubers Park lease}~swh;022747~
s:lo~r docu~aen~slcQn~actsl~7lcro~s t#m~ers park lease 11jun~7 ~~na~t}.doe
tract will continue in force as long as the operations are prosecuted with no cessation of
more than ~D consecutive days. If the said operations result production, then this
Lease shall remain ~ force so long thereafter as there is production from the tract.
~d} As used in this Lease, the term`horizontal well" means a well that
meets the definition of a "horizontal drainhole well" under statewide Rule ~~ of the Rail-
road Connnission of'fexas, and a "vertical well" is a well that is not a horizontal well. A
proration unit far a vertical well producing from the Barnett shale formation nay not ex~
ceed 4a acres. If field rules are established later that permit obtaining a drilling permit
with less acreage, a proration unit for a vertical well may not exceed the minimum size
permitted. A proration unit for a horizontal well may include the minimum acreage speci-
.ed above for a vertical well plus the additional acreage listed in the tables ha Rule SG
{Far Fields with a Density Rule of 4a Acres or Less} and must comply with the require-
ments of Rule ~~ far minimum. permitted well density, and if the well is producing from
the Barnett shale formation, the acreage of a proration unit shall be assigned a if well
density for vertical wells is 4~ acres or less. Each proration unit far a vertical well must
be as nearly in the form of a square as is practical with the well in the center of the square
and with the sides of each square running in the cardinal directions, Eaeh proration unit
for a horizontal well must be in the farm. of a rectangle with the horizontal drainhole be-
ing as nearly as practical slang the center line of the long dimension of the rectangle.
9. Paa~g. Lessor and Lessee recagni~e that it nay in the interest of each
party for portions of the Land to be pooled with adjacent land to create pooled units for
verrtical or horizontal drilling. Lessor and Lessee agree that Lessee has the authority to
pawl the Land in the Acme gas Unit which said unit shall not exceed ~4~ acres plus 1~%
acreage tolerance. Lessee shall goal all of Lessor's Land in said gas unit and shall not
release any portion thereof without Lessors written consent. Any other proposed unit
will only become effective upon Lessor's consent, which consent will not be unreasona-
blywithheld.
l a. Secondary Recovery. Lessee will not implement any repressuring, pres-
sure maintenance, recycling, or secondary recovery operations without the prior written
consent of Lessor.
11. -ce ~J~e. Unless this Lease specifically provides far the conduct of
seismic operations, ,Lessee is prohibited from using the surface of the Land for any pur-
pose, but Lessee may engage in directional drilling activities beneath the Land that axe
conducted on the surface of other land. Any directional drilling must penetrate the Land
su~ffciently below the surface as to not interfere with the present or future use of the sur-
face of the Land for comrnercial or residential use, and in no event may the directional
drilling penetrate the Viand less than ~~0 feet below the surface. A directional well drilled
under this provision shall be considered to be located on the Land.
l ~. ~in~ents. Lessor is granting rights to Lessee that Lessor would not
grant to others. Therefore, prior written approval of Lessor is required for any assignment
ar sublease of this Lease, not to be unreasonably withheld. All assignments and subleases
Page 6 of ~ ~- ~~, A~ ~ L~s~
~~ity of~ento~l~ross Timbers Park Lease}~sw~;~~~707]
s:lo~r documen~slcontractslD7lcross timbers park lease 11ja~~7 {~mal}.dac
must require the assignee or sublessee to assume all of Lessee's obligations under this
Lease, but Lessee will remain liable for i obligations regardless of any assignment or
sublease by it, loo assignment or sublease will be effective until a certi~.ed copy of the
recorded document is furnished to Lessor.
~ 3. Fvree jeure. hauld Lessee be prevented by rea~san of Force a~eure
from complying with any express or implied covenant of this Lease bother than a re~
quiren~ent to pay money}, from conducting drilling or reworking operations on the Land,
or from producing all or gas, then while so prevented, that covenant will be suspended;
Lessee will not be liable far damages for failure to comply therewith; this Lease will be
extended o long as Lessee is prevented from can.ducting drilling ar reworking operations
an or from producing oil or gas from the Land; and the time while Lessee is sa prevented.
will not be taunted against Lessee. "Force ~1a~eure" means any Act of hod, any federal
ar state law, or any rule or regulation. of governmental authority, or other similar cause
bother than ~cial reasans~. This paragraph is, however, in all things subject to the li-
rnitations of time during which this Lease may be continued in farce by the payment of
shut-~n gas raya.lties.
l4. lea arr~~t~e~. Lessor n~al~es no warranty of any kind with respect to
title to the Land, By acceptance of tht.s Lease, Lessee acknowledges that it has been given
full opportunity to investigate and has conducted su'ff'icient investigation to satisfy itself
as to the title to the Land, and Lessee assumes all risk of title failures. If Lessor owns an
interest the Land less than the entire fee simple estate, then the royalties payable he~
reunder will be reduced proportionately. Lessee, at its option, nay discharge any tax,
mortgage, or other lien on the Land, and in the event Lessee does sa, Lessee will have the
option of applying the royalties accruing to Lessor toward payment of it.
15. ~~rin De~a~lt~. Should Lessee at any tune fail to comply with its obli-
gations hereunder regarding construction, maintenance, ar repair within a days after
written notice from Lessor, Lessor will have the right to do or have done whatever is ne-
cesary to ful~.ll the obligations to its satisfaction, and Lessee shall be liable to Lessor for
the reasonable and necessary expenses thus incurred by Lessor, to be paid within ten days
after Lessor furnishes to Lessee an itemised written statement of the expenses,
I . oti~. All notices will be deemed given and reports will be deemed. de-
livered if sent by cer~if~ed letter, return receipt requested, properly addressed and depa~
sited in the United Mates Pasta.l service, postage prepaid, to Lessor and Lessee at the ad-
dresses shown for each party. Any porky may designate a new address by proper notice to
the other party or porkies.
l7. A~torney'~ ~ee~. In the event that Lessor is required to employ legal
counsel for the enforcerrlent of any provision of this Lease and prevails, Lessor will be
entitled to recover from Lessee reasonable attorney's fees and expenses incurred by Les-
sor.
Page 7 of ~ 3. 4~ A~vn G L~
pity of DentonlCrvss Timbers Park Leap} [s~h;0~2707~
s.leu~r docume~#sleo~tractsl071cross timbers park lease 1 l~un~7 ~~~}.dac
1 , I~suraace ~~gr~irem~~t~. Lessee shall provide ar cause to be provided
the insurance described below far each well drilled under the terms of this Lease? such
insurance to continue until the well is abandoned and the site restored. Such insurance
shall provide that Lessor shall be a ca-insured, without cost, and that said insurance can
not be canceled or terminated without thirty ~3 a~ days prior native to Lessar and ten ~ 1 a}
days notice to Lessar for nonpayment of premiums.
a. ever ~quire~~n. I~demca~on and E~p~ l~eglience Prv-
V~1Q~S. LESSEE shall expressly release and discharge, all clans, demands, actions,
judgments, and executions which it ever had, or now have ar may have, or assigns may
have, or claim to have, against the LESSOR, It agents, officers, servants, successors, as-
signs, spanso~rs, volunteers, ar en~playees, created by, ar arising out of personal Injuries,
known or unknown, and in j cries to property, real ar personal, ar In, any ~vay incidental to
or m connection with the performance of the oil and gas drril~ng and production per-
formed by the LESSEE under this lease and the LESSEE shall fully defend, protect, in-
demnify, and. bald harmless the LESSOR, andJor its departments, agents, officers, ser-
vants, en~playees, successors, assigns, spar~sars, or volunteers from and against each and
every claixn, demand, ar cause of action and any and all liability, damages, obligations,
~udgrnents, losses, fines, penalties, casts, fees, and expenses incurred in defense of the
LESSOR, andlor its departments, agents, officers, servants, or employees, including,
without limitation, personal injuries and death in connection therewith which may be
made or asserted by LESSEE, Its agents, assigns, ar any third parties on account af, aris-
ing out af, or in any way incidental to ar in connection with the performance of the ail
and gas well drilling and production performed by the LESSEE under this lease and, the
LESSEE agrees tv indemnify and hold haxtnless the LESSOR, andlor its departments,
andlor 1tS afI"1Cers, agents, servants, employees, successors, assigns, sponsors, ar volun-
teers from any liabilities or damages suffered as a result of claims, demands, costs, or
judgments against the LESSOR andl~r, it's depar~naents, it's officers, agents, servants, ar
employees, created by, or arising out of the acts or omissions of the LESSOR occurring
on the drill site or operation site i~ the course and scope of inspecting and p~rrr~rtting the
gas v~ells INCLUDING, BUT NOT LIMITED TO, CLAIMS AND DAMAGES ARIS-
ING ~ WHOLE OR IN PART FROM THE NEGLIGENCE OF THE LESSOR OC-
CURRI~IG ON THE DRILL SITE OR OPERATION SITE TN THE COURSE AND
SCOPE OF IT'S DUTIES UNDER THIS LEASE,. IT IS UNDERSTOOD AND
AGREED THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS AN IN-
DEMNITY EXTENDED BY THE LESSEE TO TNDEMI~IFY AND PROTECT THE
LESSOR ANDIOR ITS DEPAR11rIENTS, AGENTS, OFFICERS, SERVANTS, OR EM-
PLOYEES FROM THE CONSEQUENCES Off` THE NEGLIGENCE OF THE CITY OF
DENTON, TEAS ANDIOR ITS DEPARTMENTS, AGENTS, OFFICERS, SER-
vANT, OR EMPLOYEES, WHETHER THAT NEGLIGENCE IS THE SOLE OR
CONTRIBUTING CAUSE OF THE RESULTANTANT INJURY, DEATH, ANDIOR
DAMAGE, BUT NOT IN 'THE EVENT OP GROSS NEGLIGENCE ANDIOR wILL-
PU~L MISCONDUCT,
Pay of 13- Q~ A~ Gas Ise
~~it~ ofDentanl~ross T~nb~rs Park Lease}[swh,;D22~~7]
s:lour ~ocume~#~Icon~racts1~71cross ~imb~rs park lean 11 j~~? ~fuia~}.~o~
b. All policies shall be endorsed to read "THIS POLICY wILL NOT BE
CANCELLED OR NON-RENEWED wITI~OT ~ DAB ADVANCED WRITTEN
NOTICE T`0 TIDE LESSOR AND T Cl'~Y EXCEPT wI~EN TI~I POLICY I BE-
ING CANCELLED FOR NONPAYMENT ~~ PRE11riIU, IN wI~ICH CASE I a
DAYS ADVANCE WRITTEN NOTICE IS REUIRED'~.
c. Lrab~llty pollc~es shall be writ~n by carriers licensed to do business ~n
Texas and with companies with A; VIII or better rating in accordance with the current
Best fey Rating guide.
d. Liabrl~ty policies shall name as "Additional Insured" the city and its offi-
cials, agents, employees, and volunteers.
e, Certificates of insurance must be presented to the City ev~der~c~n all co-
verages and endorsements requixed by Section ~ 5.~2. ~ of the Denton Develap~nent Code
as now written or as further amended, and the acceptance of a certificate without the re-
quired limits andlor coverages shad not be deemed a waiver of these requirements,
f. Claims made policies will not be accepted except far excess policies or
unless otherwise provided by this Article.
g. Rewired Insurance overage.
1. Commercial General Liability Insurance. Coverage should be a
rninin~~un1 Camb~ned Single Lln'~lt of ~,~a0,aaa per occurrence for Bodily
Injury and Property Damage. This coverage must include premises, op-
erations, blowout or explosion, products, completed operations, blar~et
contractual, liability, underground property damage, broad farm property
damage, independent contractors protective liability and personal injury.
~. Environmental Impairment for Seepage and Pollutian~ shall be ei-
ther included in the coverage or written a separate coverage. Such cover-
age shall nat exclude damage to the lease site. If Environental Ipair-
ent for Seepage and Pollution} Co~rerage is written on a "claims rr~ade"
basis, the policy must provide that any retroactive date applicable precedes
the effective date of the issuance of the permit. overage shall a Ito
pp y
sudden and non~sudden pollution conditions resulting from the escape or
release of smol~e} vapors, fumes, acids, alkalis, toxic chemicals, li aids or
~.
uses, waste material or other irritants, contaminants or pollutants.
. Automabiie Liability Insurance. lirZirnum Combined Sin le Lhn~
it of aa,0~~ per occurrence far Bodily Injury and Property Damage.
Such coverage shall include owned, non-owned, and hired vehicles.
Page 9 of ~3- U¢, A~ GAS LFdRF
City of Dentonl~ross Timbers Park Lease}~swh;42~707]
s:~au~ documentslrontractsl~'71c~oss timbers dark l~~se 11ju~0? final}.doc
4, worker's ~ompensatian Insurance. ~n addition to the min~mutn
statutory requirements, coverage shall include Employer's Liability li~
its of at least $ ~ Oa,~aa for each accident 1 ~~,Oaa far each employee, and
a ~a,a~a policy limit far occupational disease, and the insurer agrees to
waive rights of subrogation against the city, its officials, agents, en~~
ployees, and volunteers far any work performed far the city by the L~-
~E.
5. Excess {or ~.J~nbrella} Liability Insurance, ~nin~,u limit of
$ I ~,aa~,~0~ covering in excess of the preceding insurance policies.
~, on~ol of well insurance.
a, Minimum limit of ,~~a,0aa per occurrence.
b. Policy shall cover the host of controlling a well that is out
of control, Redrillin or Restoration expenses, seepage and Pollution
Damage, Damage to Property in the LEI~~'s dare, custody, and on-
trol with sub-limit of 5~a,~~~ may be added.
19, Di~pu~e ~e~olr~tian, the event of dispute under this Lease, the parties
agree to attempt to resolve the dispute through good faith mediation to be held in Denton
bounty, Texas.
~~, 1Vice1[~nevu~ Provions.
~a} ~n the event this Lease expires for any reason as to all ar any part
of the Land, Lessee shall, within ~0 days thereafter, fish Lessor with a written, record-
able release covering all of the Land or that portion of the Land to be released,
fib} nothing in this Lease negates the usual implied. covenants imposed
upon Lessee,
~c} Lessee will conduct ail operations hereunder ~, compliance with
the rotes of the Railroad ammission of Texas and federal and state envixonmental laws
and regulations. Lessee will give Lessor at least ten days prior notice in writing before
conducting drilling, recampletion, or reworking operations under the Land. upon request
by Lessor, Lessee shall f~unish. to Lessor copies of applications to drill, daily drilling re-
ports, well tests, completion reports, plugging records, gas purchase contracts, and pra-
duction reports. Lessor has the right, personally or by representative, at Lessor's risk, of
access to the. derrick Haar to observe all operations on all wells drilled on the Land. Les-
sor will have the right to inspect and take samples of all cores and cuttings and witness
the taking of all logs and drill stem tests, and Lessee agrees to fi~rnish Lessor with copies
of all logs and surveys taken promptly after taking them. Lessee will divulge to Lessor
correct lnfarmatlan~ as requested by Lessor a to each well, the production therefrom, and
such technical information as Lessee m.ay acquire, Lessor has the right to be present
Page 1 ~ of ~ ~- Q~ A~ GAS s~
{City ofDento~Cross Timbers Park Lease}~swh;~~27~'~
s:laur documen~slcvnt~cts~~7lcrass #~mbers k lease ~ 1 jun07 (mat}.dac
when wells or tanks are gauged and productian metered and has the right tv examine all
run tickets and to have full information s to production and runs anal to receive copies of
all run tickets upon request.
~d} The term "production" means production in paying quantities, loo
obligation of Lessee to pay money under this Lease will be excused ar delayed by reason
of Farce aj cure. Lessee's obligations to pay money under this Lease are to be per-
formed in Denton bounty, Texas. paragraph headings are used in this Lease far conveni-
ence only and are not to be considered ~. the interpretation or construction of this Lease.
The execution or ratification by Lessor oB any division order, gas cantrat, or any other
document will not alter any provision of this Lease unless the intent to da sa is expressly
stated in the document, Lessee agrees to Burnish to Lessor a copy of each title opYriion or
report obtained by Lessee that covers all or any part of the Land together with a copy of
each title curative dacu~nent obtained by Lessee.
~e~ Lessor shall have the right to inspect all records oB Lessee relating
to this Lease, operations conducted on the Lease, the sale and marketing of production
from the Lease, and the payment of royalties, including the right to audit Lessee's books
insofar as they relate to the foregoing,
~~ C~mpc~ ~vit~ ~ri~n~ ordinance. Lessee shall, before
dritling any well which contains any of the Land in the well's dulling unit or pooled unit,
comply with the pity of ~enton's ordinances to include, but not limited to having a final
approved plat.
~g~ This Lease is binding upon and for the benefit of Lessor, Lessee,
and their respective heirs, personal representatives, successors, and assigns.
21. ~+Iemor~ndnm of Leese. As evidence oB this Lease, Lessor and Lessee
agree in its stead, to enter rota and retard in the Real Property Records aB Denton oun-
Texas a ~~-I~RANDUM o~ L~AE.
executed on the date first written above.
LESSER:
CITY o~ D~~T~N,'I~x~~~ a Name rule municipality
E~RCrE . CAFB~LL, IT'Y AI~A~R
gage 11 of i3-0~ A~ Gas ~~
~Cit~ ofDento~fCross Timbers dark Lease}[swh;0~2?~T~
s;lour documentsl~~tractsl~7~cross timbers park lease 1 ~ jun07 ~fin~~).doc
Al ~ET~
JENNIFER WALTER, IT E~RETARY
BY;
APPR~'ED A. T~ LEGAL FARM;
EI) NYDER, ITS ATTORNEY
BY:
STATE OF TEXAS §
COUNTY OF DENTON §
Before tee. the under~ned notary public,
on this day personally appeared EIRE AM.PBELL, the pity N~anager of the
QTY F ~]ENTN, ~ha is knan to .e to be the person ~ha~e name i~ subscribed to
the foreaing ~nstrurnent, and acknowledged to me that she executed that instrun~.ent far
the purposes and consideration therein expressed
Given under my hand and seal of afI"iee this day of
~a~?.
Natary Public, State of Teas
Page 12 of 13 - U~ Axe G L~
(City o~Denta~ICrass Ti~~er~ Park Lease}~swh;D2~~?47]
s:lot~' dacume~~slc~ntractslU'7lcross tirp~e~s park lease 11j~n0'~ ~fi~a~}.doc
LEE:
STATE OF TEXAS §
COUNTY OF §
END~A~~R N~RGY ~E~~C~,
L.P.
BY;
PRATED NAME:
APA~~TY:
Befare nee, ,the undersigned notary pubiie, an
this day persanaiiy appeared the
of endeavor energy Resources, L.P. mho is kna~vn
to ~ to be the person ~rhase nave is suhser~hed to the foreg~i~ instrument, and ac~
knaledged to nee that helshe executed that i~astru~nent far the purposes and cansldra-
tiontherein expressed.
~xiven >~nder my hand and seal of af~ce this ~ day of ,
.Da7.
Notary Public, Mate of Texas
Page ~3 of ~ ~- UII, AND CEASE
~~ity ofDen~anlCross Ti~be~s Park ~~ase)[swh;~22747~
s:lo~r ~acamentslcant~ract~l0~lcross timlaers dark lease ~ 1 jr~n07 (final}.doc
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~ ~1'48'~4" E 266.9' ,
N a~~~7'0~# E 60.0' ~
CREEKDALE DRIVE
N 28'03'30" E 373. ~
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TRACT 5
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CHASE 1
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~AI~IARI'~AN SCOC~~'lt D~ ~10lIX ~AE~S~
S~~JTH ~AKOtA
CITY D~ ~~
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rn C.F,N. 2~,S~f 61~'~4
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N 89'48`5i" Y~ 620,
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X48. ~, P. 367
LASE ~x~~BIT
TRACT 5 ACME M ECAUNIT
c QTY o~ ~~NT~~
~~NTON COUNTY, TEXAS
DRAINS CF JOB ~: ~ 375
CH~C~ED: WMC DATE: ~-23-07
REVlS~D~ ~/A cA~; ~ ~ ~ 3oa"
EXHIBIT A2
~~
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N
Coleman & Associates
~ sa 60o Land Surveying
P. 0. BOX 68$ DENTON, TEXAS 76202
PH(B4Q~565-8215~FAX (940)565-9800.
0 5a 3pp www.co~~u~suRV~nr~c.co~
~ 2oay co~quua ~ assoc. susrre~No