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Home My WebLink AboutJuly 24, 2007 Agenda AGENDA CITY OF DENTON CITY COUNCIL July 24, 2007 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, July 24, 2007 at 4:30 p.m.in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1.Requests for clarification and discussion of agenda items listed on the agenda for July 24, 2007. 2.Receive a report; hold a discussion, and give staff direction regarding wireless (WiFi) services in the city of Denton. 3.Receive a report, hold a discussion and give staff direction regarding requests for amendments to Chapter 20 (Nuisances), Chapter 21 (Offenses), and Chapter 24 (Solid Waste) of the Denton Code of Ordinances, and Subchapters 12 and 13 of the Denton Development Code. 4.Receive a report, hold a discussion and give staff direction regarding nominations to the City’s Boards and Commissions. The Council may convene into Closed Session under Texas Government Code Section 551.074 to deliberate and discuss the appointment and duties of public officers to boards or commissions exercising discretionary or rule making power as opposed to purely advisory powers, which includes without limitation the Construction Advisory and Appeals Board, the Economic Development Partnership Board, the Historic Landmark Commission, the Planning and Zoning Commission, the Traffic Safety Commission, and the Zoning Board of Adjustment. 5.Receive an update from Mayor Pro Tem Kamp on mobility issues. 6.Receive a report, hold a discussion and give staff direction regarding a slate of projects to be submitted for Comprehensive Development Agreement funding associated with the tolling of State Highway 121. Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. When items for consideration are not listed under the Closed Meeting section of the agenda, the City Council will not conduct a Closed Meeting and will convene at the time listed below for its regular or special called meeting. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the TEXAS GOVERNMENT CODE, as amended, as set forth below. 1.Closed Meeting: A.Consultation with Attorney – Under Texas Government Code Section 551.071. 1.Consider and discuss litigation styled Robert T. Clifton v. City of Denton, Cause No. 4:06-cv-472, currently pending in the U.S. District Court, Eastern District, Sherman Division. City of Denton City Council Agenda July 24, 2007 Page 2 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. Also, deliberations regarding acquisition of the future site for the proposed animal shelter. C.Deliberations regarding consultation with the City Attorney – Under Texas Government Code Section 551.071 and Section 551.087 – Deliberations regarding Economic Development Negotiations. 1.Receive a report and hold 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 Aldi Inc. with respect to development of a distribution center. This discussion shall include commercial and financial information the City Council has received from Aldi Inc., 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. D.Deliberations regarding personnel matters – Under Texas Government Code Section 551.074. 1.Deliberate the evaluation and duties of City Council appointees. 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 (THE TEXAS OPEN MEETINGS ACT) ON ANY AUTHORIZED BY TEX. GOV’T. CODE, §551.001, ET SEQ. 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, July 24, 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.” City of Denton City Council Agenda July 24, 2007 Page 3 2.PROCLAMATIONS/PRESENTATIONS A.Proclamations/Awards B.July 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 – E). 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 – E below will be approved with one motion. If items are pulled for separate discussion, they will be considered as the first items following approval of the Consent Agenda. A.Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Interfaith Ministries for the provision of assistance to low-income families; providing for the expenditure of funds therefor; and providing for an effective date. ($250) B.Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Denton Community Theatre regarding travel expenses associated with the “AACTFEST 2007”, an International Theater to be held in Heidelberg, Germany for the showcase production of “Crowns”, being an African American Musical Production; providing that this program serves a municipal and public purpose of promoting the arts and tourism within Denton; providing for the expenditure of funds therefor; and providing for an effective date. ($1,539) C.Consider adoption of an ordinance of the City of Denton authorizing the abandonment of a 0.88 acre public utility easement tract recorded in Volume 5322, Page 1096, of the Real Property Records of Denton County, Texas, the abandonment of a 0.183 acre public drainage easement recorded in Volume 5322, Page 1107, of the Real Property Records of Denton County, Texas and the abandonment of a 1.077 acre public drainage easement recorded in Volume 5322, Page 1112 of the Real Property Records of Denton County, Texas situated in the D. Hough Survey, Abstract No. 646. D.Consider approval of a resolution establishing guidelines for Public Improvement Districts; and providing an effective date. City of Denton City Council Agenda July 24, 2007 Page 4 E.Consider approval of a resolution allowing the Denton Black Chamber of th Commerce to be the sole participant allowed to sell alcoholic beverages at the 9 Annual Blues Festival on September 15, 2007, upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. The Parks, Recreation and Beautification Board recommends approval (5-0). 4. ITEMS FOR INDIVIDUAL CONSIDERATION A.Consider and confirm the appointments by the Mayor to the following: 1.Community Justice Council 2.Convention and Visitors Bureau 3.Dallas Regional Mobility Coalition 4.Lake Ray Roberts Planning and Zoning Commission 5.Regional Transportation Council 6.Texas Municipal Power Agency Board of Directors B.Consider appointments to the following boards and commissions: 1. Airport Advisory Board 2. Animal Shelter Advisory Committee 3. Community Development Advisory Committee 4. Construction Advisory and Appeals Board 5. Economic Development Partnership Board 6. Historic Landmark Commission 7. Human Services Advisory Committee 8. Library Board 9. Parks, Recreation and Beautification Board 10. Planning and Zoning Commission 11. Public Art Committee 12. Public Utilities Board 13. Traffic Safety Commission 14. Zoning Board of Adjustment C.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. D.City Manager’s Report E.Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. F.Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. City of Denton City Council Agenda July 24, 2007 Page 5 C E R T I F I C A T E 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 IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800- RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY’S OFFICE. AGENDA INFORMATION SHEET AGENDA DATE: July 24, 2007 DEPARTMENT: Technology Services ACM: Jon Fortune SUBJECT Receive a report; hold a discussion, and give staff direction regarding wireless (Wi-Fi) services in the city of Denton. BACKGROUND The City Council requested an overview of wireless services currently available in the city. This presentation hopes to accomplish several objectives. First, a general outline of wireless technologies currently being offered by the commercial carriers in Denton will be covered. Next, an update of the free wireless services use at the South Branch Library will be presented. Finally, an overview of field ser mapped to the City of Denton population density will be discussed. This presentation will describe where we are with city Wi-Fi service and ask Council if we wish to expand this service at this time, and discuss public/private partnerships other municipalities have taken to bring this service to their communities. Insofar as a private/public partnership, the data would appear to indicate little chance for success from either a financial or public use perspective. First, public wireless broadband is not new to the City of Denton. In November of 1999, Metricom was granted a franchise to provide broadband wireless services to residents. This was one of the earliest wireless broadband services available to the public in the nation, and was capable of 200 kilobits per second (kb/s), or about one-tenth the speed of what is available today. It took Metricom over a year to get the equipment installed and the service operational. The service was available for approximately nine months before the company filed for bankruptcy. As per the franchise agreement, the equipment reverted to the City at the bankruptcy hearing for the company. It was not feasible for us to re-activate the equipment due to better and less expensive technology that was available for our wireless needs from commercial carriers. Population density is a measure used by service providers to ensure that the subscription revenue will offset the cost of building the network. Most big service providers want to see high household densities of not less than 1,000 and up to 3,000 households per square mile. This standard would be a very small area of the total percentage of the city's landmass. Agenda Information Sheet July 24, 2007 Page 2 One other city that has implemented Wi-Fi service successfully is the Town of Addison. Addison has franchised with Red Moon to provide Wi-Fi service to their community and allowed the commercial provider to mount the equipment on the light poles owned by the city, similar to . Red Moon provides the city with Wi-Fi access for municipal use. Addio providers have approached Denton proposing this model since Metricom. The City of Denton -Fi equipment. This comes conditionally in that the City of Denton agrees to pay $20,000 for a site assessment and equipment installation (generally only enough equipment to cover an area the size of Quakertown Park), and a $5,000/month maintenance agreement for one year. In addition, this does not include the monthly cost to provide the Internet connectivity for the receivers, which can run $50/month. It should be recognized that wireless technologies are still in their infancy, with rapid improvements coming annually to both commercial and public services. In October 2008, Sprint will bring Wi-Max to Denton which is 10 times faster than speeds currently available and requires a single antenna to cover the entire city, compared with hundreds of antennas necessary for Wi-Fi. Technology investments in wireless can only hope to be viable for three years, and continuous investments will have to be made to keep pace with changes. Commercial carriers are best positioned to make these investments. The next best alternative to Wi-Fi is hotspot offerings because investments are relatively low and the risk of obsolescence is manageable. General public wireless would represent the greatest risk with the highest capital investment necessary. As a second point, the public offering at South Branch Library on average has 57 users a month, or approximately two per day. This low level of usage is not uncommon, which is why there are very few franchise models like Addison. Many more Wi-Fi networks are being setup as public/private partnerships, with the municipality as the 'anchor tenant', using the service for municipal employees. Cities modeling this anchor tenant system include Corpus Christi, Granbury and Richardson. Corpus Christi built their system to support auto meter reader solution for the utility. The system was built as an outdoor use service and there have been many reported problems from people trying to use it inside a house or building. Corpus Christi sold their system to allow a private provider to tune the system for commercial purposes. Granbury built their system because there are not many commercial wireless offerings in existence south of Dallas. Ultimately, Granbury ended up buying out the service provider. Now, Granbury operates the system themselves after there was not enough commercial subscription use to justify system improvements necessary for the city to effectively use the system as a field wireless solution for public safety. Richardson has recently agreed to be the anchor tenant for the Wi-Fi system being put up in the city. Their cost is $42/month/employee account ($50,000/year for 100 accounts if they use them or not). Commercial service runs $55/month from Sprint and we expect that cost to fall when the new Wi-Max service is available late next year. Finally, many of our field calls for service (employees who would use Wi-Fi for work activities) come from outside the center of the city. If a public wireless system were used for this need, it would be necessary to pay for both the public use system and a commercial system to have Agenda Information Sheet July 24, 2007 Page 3 wireless available to the officer, firefighter, or utility worker responding to the call away from the central business district. There is no financial incentive for the City of Denton to be the anchor tenant. It would increase (nearly double) connectivity costs but not increase service. The population density is not sufficient for someone to implement it on their own, nor for us to expect to have enough subscribers to offset capital and maintenance costs. As stated previously, the statistics from usage at the South Branch Library do not indicate a high public interest level. Other Metroplex cities have explored providing Wi-Fi service. Plano has studied the situation, and is following our lead by putting up three pilot systems to see if there is sufficient public interest. They also are using commercial services for their municipal employees that need it. Southlake provides a free public system for its citizens, and although they do not track by user, they average 250 sessions per month. At this time, the City of Denton can chose to expand existing indoor service, set up an outdoor service as a pilot to gauge interest, or evaluate newer technologies as they become available. Commercial Initiatives:Commercial offerings are provided by AT&T (Cingular), Sprint, and Verizon. All of these services are currently available in Denton. The Denton Police Department for the in-car computers. Although AT&T is the slowest network of the three carriers, they provide the highest degree of security. Comparatively, wireless service is approximately as fast as a Charter cable modem connection. Sprint is available to the City of Denton for $55/month access fee for unlimited access, and a free card is given much like a free phone is offered for a subscription. This is the preferred service for business, as it provides the fastest and highest quality access with the least amount of user intervention or service interference. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISIONS) On November 2, 1999, Council approved an ordinance granting a franchise to Metricom, Inc., for the use and occupancy of the public right-of-way of the City of Denton for the purposes of installing radio receivers and transmitters on aerial facilities (utility poles). Metricom was in the business of constructing, maintaining and operating a wireless digital data communications radio network known as Ricochet. On August 15, 2000, Council approved an ordinance authorizing the City Manager to execute a pole attachment agreement between the City of Denton, Texas and Metricom, Inc. Metricom provided wireless services to Denton residents for approximately nine months prior to their bankruptcy declaration in September 2001. Lastly, on February 6, 2006, a report was presented to the City Council regarding an overview of Wi-Fi in the City of Denton. The report was given in response to a request by Council. The public Wi-Fi service at South Branch Library was authorized, and service began on June 1, 2006. Agenda Information Sheet July 24, 2007 Page 4 EXHIBITS Attachment 1: Presentation Respectfully Submitted: Jon Fortune Assistant City Manager Prepared By: Alex Pettit Chief Technology Officer AGENDA INFORMATION SHEET AGENDA DATE: Ö«´§ îìô îððé DEPARTMENT: Ð¿®µ ¿²¼ Î»½®»¿¬·±² Ü»°¿®¬³»²¬ ó Ò»·¹¸¾±®¸±±¼ Í»®ª·½» Ü·ª··±² ACM: Ø±©¿®¼ Ó¿®¬·²ô íìçóèîíî SUBJECT Î»½»·ª» ¿ ®»°±®¬ô ¸±´¼ ¿ ¼·½«·±² ¿²¼ ¹·ª» ¬¿ºº ¼·®»½¬·±² ®»¹¿®¼·²¹ ®»¯«»¬ º±® ¿³»²¼³»²¬ ¬± Ý¸¿°¬»® îð øÒ«·¿²½»÷ô Ý¸¿°¬»® îï øÑºº»²»÷ô ¿²¼ Ý¸¿°¬»® îì øÍ±´·¼ É¿¬»÷ ±º ¬¸» Ü»²¬±² Ý±¼» ±º Ñ®¼·²¿²½»ô ¿²¼ Í«¾½¸¿°¬»® ïî ¿²¼ ïí ±º ¬¸» Ü»²¬±² Ü»ª»´±°³»²¬ Ý±¼»ò BACKGROUND Ñ² Ú»¾®«¿®§ éô îððêô Ý·¬§ Ý±«²½·´ ¿°°®±ª»¼ °¿¿¹» ±º ¿² ±®¼·²¿²½» ¿³»²¼·²¹ ¬¸» °®±ª··±² ±º Ý¸¿°¬»® îð øÒ«·¿²½»÷ ¾§ ½®»¿¬·²¹ ß®¬·½´» Ê Ú»²½»ò Ì¸» ³¿·² °®±ª··±² ±º ¬¸» ±®¼·²¿²½» °»½·º·»¼ ¬¸¿¬ º»²½» ³«¬ ¾» ³¿·²¬¿·²»¼ ·² ¹±±¼ ®»°¿·®ô ¿²¼ °®±ª·¼»¼ º±® ¬¸» ®»³±ª¿´ ±º º»²½»ô »¨½»°¬ ·² ½·®½«³¬¿²½» ·² ©¸·½¸ ¬¸» º»²½» ©¿ ®»¯«·®»¼ °«®«¿²¬ ¬± ±¬¸»® ®»¹«´¿¬·±²ò Ñ² ¬¸· ¿³» ¼¿¬»ô Ý·¬§ Ý±«²½·´ ¿´± ¿°°®±ª»¼ °¿¿¹» ±º ¿² ±®¼·²¿²½» ¿³»²¼·²¹ ¬¸» °®±ª··±² ±º Ý¸¿°¬»® îð øÒ«·¿²½»÷ ¾§ ½®»¿¬·²¹ ß®¬·½´» Ê× Ý»®¬¿·² Ð¿®µ·²¹ Î»¹«´¿¬·±²ò Ì¸» ³¿·² °®±ª··±² ±º ¬¸» ±®¼·²¿²½» ¼·¿´´±©»¼æ °¿®µ·²¹ ±² «²·³°®±ª»¼ «®º¿½» ·² º®±²¬ô ·¼» ¿²¼ ®»¿® §¿®¼å ¬¸» ¬±®¿¹» ±º ±ª»®·¦»¼ ª»¸·½´» ±² °«¾´·½ ®·¹¸¬ó±ºó©¿§ ·² ®»·¼»²¬·¿´ ¦±²»¼ ¼·¬®·½¬å ¿²¼ ¬¸» ¿´» ±º ª»¸·½´» ©·¬¸·² ïðð ±º ¿ ®·¹¸¬ó±ºó©¿§ ±® »¿»³»²¬ ©·¬¸ ¿² »¨½»°¬·±² º±® ²»© ¿²¼ «»¼ ½¿® ¼»¿´»®¸·°ò Ñ² Ñ½¬±¾»® í ¿²¼ ïðô îððêô ¬¿ºº °®»»²¬»¼ ·²º±®³¿¬·±² ¼«®·²¹ Ý·¬§ Ý±«²½·´ ©±®µ »·±² ®»¹¿®¼·²¹ »¨·¬·²¹ ®»¹«´¿¬·±²ô »²º±®½»³»²¬ ¿²¼ ½´»¿²«° °®±½»¼«®»ô ¿²¼ ±°¬·±² ®»¹¿®¼·²¹ ¬®¿¸ ¿²¼ ¼»¾®· ´»º¬ ¿¬ ¬¸» ½«®¾ ±º ª¿½¿²¬ °®±°»®¬·»ò ßº¬»® ³«½¸ ¼·½«·±²ô ¿²¼ ¾¿»¼ ±² ¬¿ºº ®»½±³³»²¼¿¬·±²ô Ý±«²½·´ ¼»½·¼»¼ ¬¸» º±´´±©·²¹æ Ý±²¬·²«» ©·¬¸ ¬¸» éó¼¿§ ¿¾¿¬»³»²¬ ¬·³»º®¿³» ¿²¼ ½·¬» ±©²»® ·³³»¼·¿¬»´§ º±® ¿´´ ª·±´¿¬·±²ô ·ò»ò ¬®¿¸ ¿²¼ ¼»¾®· ²«·¿²½»ô ¬®¿¸ ²±¬ °®±°»®´§ ½±²¬¿·²»®·¦»¼ô ¬®¿¸ °´¿½»¼ ¿¬ ¬¸» ½«®¾ ¿¬ ·´´»¹¿´ ¸±«®ô »¬½ò ß¬ ¬¸» ¼·½®»¬·±² ±º ¬¸» Ý±¼» Û²º±®½»³»²¬ ¬¿ººô »´·³·²¿¬» ¬¸» ¿¾¿¬»³»²¬ ¬·³»º®¿³» Code Enforcement has ¿´¬±¹»¬¸»®ô ½±´´»½¬ ¬¸» ·¬»³ô ¿²¼ ½·¬» ¬¸» °®±°»®¬§ ±©²»®ò ø enacted this procedure to effectively address trash and debris left at the curb of vacant properties.) Ð¿ ¿² ±®¼·²¿²½» ¬± ´»¹¿´´§ ®»¬®·½¬ ¬¸» «» ±º ½±´´»½¬»¼ Ý±¼» Û²º±®½»³»²¬ ·²ª±·½» ¿²¼ ´·»² º±® «» ·² ¬¸» Ý±¼» Û²º±®½»³»²¬ °®±¹®¿³ò Ì¸»» º«²¼ ©±«´¼ ¾» ¸»´¼ ·² ¿ Í°»½·¿´ Î»ª»²«» Ú«²¼ «»¼ ¬®·½¬´§ º±® ¬¸· °«®°±»ò Ì±¼¿§ô Ý±¼» Û²º±®½»³»²¬ ¬¿ºº · ¾®·²¹·²¹ º±®¬¸ îî ®»½±³³»²¼¿¬·±² ¬± ³±¼·º§ »¨·¬·²¹ ±®¼·²¿²½»ò ×² ¬¸» ±°·²·±² ±º ¬¿ººô ¬¸»» ¿³»²¼³»²¬ ¿®» ²»»¼»¼ ¬± ¬®»²¹¬¸»² ±® ½´¿®·º§ ¬¸» °®±ª··±²ô ¬± »´·³·²¿¬» ½±²º´·½¬ ©·¬¸ »¨·¬·²¹ °®±ª··±²ô ¿²¼ñ±® ¬± ¿´´±© º±® ²»»¼»¼ ½¸¿²¹» ·² Ý±¼» Û²º±®½»³»²¬ °®±½»¼«®»ò øÍ»» Û¨¸·¾·¬ ×ò÷ OPTIONS Ü·®»½¬ ¬¿ºº ¬± °®±½»»¼ ©·¬¸ ¬¸» °®±°±»¼ ®»½±³³»²¼¿¬·±² ¿ ¼»»³»¼ ¿°°®±°®·¿¬»ò Ü·®»½¬ ¬¿ºº ¬± ³¿µ» ½¸¿²¹» ¿²¼ñ±® »´·³·²¿¬» ®»½±³³»²¼¿¬·±² ¿ ¼»»³»¼ ¿°°®±°®·¿¬»ò RECOMMENDATION Í¬¿ºº ®»½±³³»²¼ ¿¼±°¬·±² ±º ¿³»²¼³»²¬ ¬± ¬¸» °®±ª··±² ·² Ý¸¿°¬»® îðô îïô ¿²¼ îì ±º ¬¸» Ü»²¬±² Ý±¼» ±º Ñ®¼·²¿²½»ô ¿²¼ Í«¾½¸¿°¬»® ïî ¿²¼ ïí ±º ¬¸» Ü»²¬±² Ü»ª»´±°³»²¬ Ý±¼»ò PRIOR ACTION/REVIEW Ò±²» FISCAL INFORMATION Ò± º·½¿´ ·³°¿½¬ò EXHIBITS ïòÑ®¼·²¿²½» Ý¸¿²¹» Î»¯«»¬ îòÝ¸¿°¬»® îð øÒ«·¿²½»÷ Ü»²¬±² Ý±¼» ±º Ñ®¼·²¿²½» íòÍ»½ò îïóëë Ü»²¬±² Ý±¼» ±º Ñ®¼·²¿²½» ìòÍ»½ò íëòïîòì Ü»²¬±² Ü»ª»´±°³»²¬ Ý±¼» ëòÍ»½ò ïèóïðê Ü»²¬±² Ý±¼» ±º Ñ®¼·²¿²½» êòÍ»½ò îìóìí Ü»²¬±² Ý±¼» ±º Ñ®¼·²¿²½» éòÍ»½ò íëòïîòé Ü»²¬±² Ü»ª»´±°³»²¬ Ý±¼» èòÍ»½ò íëòïîòïð Ü»²¬±² Ü»ª»´±°³»²¬ Ý±¼» çòÍ»½ò íëòïíòéòÝò Ü»²¬±² Ü»ª»´±°³»²¬ Ý±¼» ïðòÍ»½ò íëòïíòç Ü»²¬±² Ü»ª»´±°³»²¬ Ý±¼» Î»°»½¬º«´´§ «¾³·¬¬»¼æ Û³»®±² Ê±®»´ Ü·®»½¬±® ±º Ð¿®µ ¿²¼ Î»½®»¿¬·±² Ð®»°¿®»¼ Þ§æ Ô¿²½·²» Þ»²¬´»§ Ð®±¹®¿³ ß®»¿ Ó¿²¿¹»® Û¨¸·¾·¬ ï Ordinance Change Requests KEY: Wording with strikeouts (-----------) is being recommended for deletion. Wording in RED is being recommended as additions. SERVING NOTICE 1. Sec 20-132. Service of Notice. Currently the ordinance reads: “Notice of the violation will be delivered to the owner or occupant in person or by notice left at the location.” This wording does not allow for the option of mailing notices. Recommendation: Change to read as follows: Notice of the violation will be delivered to the owner or occupant in person or by notice left at the location “may be delivered to the owner or occupant in person, by notice left at the location, or mailed to the owner’s address as recorded in the appraisal district records of the appraisal district in which the property is located, and delivered by United States mail.” 2. Sec 21-55 (c). Owner responsibility. Currently the ordinance reads: “The notice may be served by personal delivery, or by United States certified mail, return receipt requested to the owner at the owner’s post office address as shown on the tax rolls.” This option does not allow for regular mail service delivery. Recommendation: Change to agree with the recommendation made in 20-132 Service of Notice, and to read as follows: “Notice of the violation may be delivered to the owner or occupant in person, by notice left at the location, or mailed to the owner’s address as recorded in the appraisal district records of the appraisal district in which the property is located, and delivered by United States mail.” CERTAIN PARKING REGULATIONS 3. Sec 20-180. Definitions. Currently the ordinance reads: “Improved surface means an area paved with concrete, asphalt or comparable surfacing constructed to standards on file in the office of the director of engineering. All improved surfaces shall be constructed in compliance with any applicable standards set forth in the Denton Development Code and the City of Denton Transportation Criteria Manual.” Expand the list of materials that qualify as an improved surface to facilitate the improvement of unimproved surfaces in older neighborhoods. Delete the “director of engineering” reference as no such position exists. Recommendation: : Change the improved surface definition to read as followsImproved surface means an area paved with concrete, asphalt, pavers, open pavers, crushed stone or pea gravel. or comparable surfacing constructed to standards on file in the office of the director of engineering. All improved surfaces shall be constructed in compliance with any applicable standards set forth in the Denton Development Code.and the City of Denton Transportation Criteria Manual. 4. Sec. 20-182 (a) Vehicles for Sale. Currently the ordinance reads: “No person may have or allow more than one used vehicle for sale on private property. Such vehicle may be parked on the driveway or may be parked on the roadway directly in front of the property provided that such parking on the roadway is legal and is in compliance with all applicable city ordinances and state laws regulating parking of vehicles including overnight parking restrictions.” This provision is in conflict with Sec.18-92 which reads “No person shall stand or park a vehicle upon any roadway for the principal purpose of: (1) displaying it for sale.” Recommendation: Remove the wording that allows one ‘for sale’ vehicle to be parked on the roadway in front of a property. Change to read as follows: No person may have or allow more than one vehicle for sale on private property. Such vehicle may be parked on the driveway. or may be parked on the roadway directly in front of the property provided that such parking on the roadway is legal and is in compliance with all applicable city ordinances and state laws regulating parking of vehicles including overnight parking restrictions. 5. Sec.20-184 (a) (1). Parking regulations. Currently the ordinance reads: “It shall be unlawful for a person to park or store or allow another to park or store a recreational vehicle, travel trailer, boat or boat trailer, or any vehicle other than a motor vehicle on any public right-of-way in any residential zoned district.” Does not disallow tow trucks to park on residential streets. Recommendation: Change to read as follows: It shall be unlawful for a person to park or store or allow another to park or store a recreational vehicle, travel trailer, boat or boat trailer,tow truck or any vehicle other than a motor vehicle on any public right-of-way in any residential zoned district. 6. Sec. 20-184 (a) (1) Parking regulations. Currently the ordinance reads: “It shall be unlawful for a person to park or store or allow another to park or store a recreational vehicle, travel trailer, boat or boat trailer, or any vehicle other than a motor vehicle on any public right-of-way in any residential zoned district.” This provision does not allow an exemption for agricultural equipment. Recommendation: Change to read as follows: It shall be unlawful for a person to park or store or allow another to park or store a recreational vehicle, travel trailer, boat or boat trailer, or any vehicle other than a motor vehicle on any public right-of-way in any residential zoned district. “Properties that exceed two acres may have a total of four pieces of operable, agricultural equipment, including two trailers, parked on an unimproved surface that is located 100’ from the street and adjacent properties.” Recommendation: Add a definition for Agricultural Equipment to read as follows: “Agricultural Equipment is equipment used for farming operations that is not required to be registered by the state.” 7. Sec. 20-184 (a) (2). Parking regulations. Currently the ordinance reads: “Any improved surfaces used or added for the purpose of parking vehicles on any front yard of any lot shall be in compliance with the Denton Development Code and any other applicable ordinances.” Currently, new surfaces added for the purpose of parking can be poured in locations on properties that require the citizen to drive across their yard to access the parking pad. Recommendation: Change the wording to read as follows: Any improved surfaces used or added for the purpose of parking vehicles on any front yard of any lot shall be in compliance with the Denton Development Code and any other applicable ordinancesthis code. Add:“Any improved surfaces added for the purpose of parking vehicles shall be attached to an existing driveway and made from the same material as the existing driveway. Crushed stone and pea gravel driveways must be poured to a four inch depth and bordered. Dirt driveways are prohibited.” 8. Sec. 20-184 (a) (3). Parking regulations. Currently the ordinance reads: It shall be unlawful for any person to park or store or allow another to park or store a vehicle in the side yard or in the rear yard of any lot, upon any surface other than an improved surface….” 35.12.4 of the Denton Development Code states “The parking of vehicles is not allowed in a required side yard except where the garage is in the rear and not accessed from an alley.” This prohibition exists to decrease the amount of pervious surface coverage on . properties that can lead to drainage-related issuesAdd wording to the Code of Ordinances to conform with the Denton Development Code provisions regarding side yard parking. Recommendation: “ Change the wording in Sec. 20-184 (a) (3) to read as follows:It shall be unlawful for any person to park or store or allow another to park or store a r in the rear yard of any lot, upon any surface other than an vehicle in the side yard o improved surface….” Recommendation: Add wording that states: “Sec. 20-184 (a) (4) It shall be unlawful for any person to park or store or allow another to park or store a vehicle in the side yard except where the garage is in the rear and not accessed from an alley. Improved surfaces may be poured in the front or back yard, but are prohibited in the side yard behind the front building line, except in the above described circumstance. “ STORAGE OF GOODS IN RIGHTS-OF-WAY 9. 18-106 Parking of vehicles or storage of goods in parkways prohibited. Currently the ordinance reads: (b) “It shall be unlawful for any person to park any vehicle or store any goods in or upon any parkway, notwithstanding the location of any drive or driveway in such parkway.” This ordinance prohibits the storage and use of basketball goals in the parkway (right-of- way), but does not prohibit the storage or use of basketball goals on city streets. Also, the use of the word parkway is confusing. Recommendation: Change to read as follows: rights-of-way prohibited. 18-106 Parking of vehicles or storage of goods in parkways (b) It shall be unlawful for any person to park any vehicle or store any goods in or upon right-of-way, notwithstanding the location of any drive or driveway in such any parkway right-of-way. parkway Add: “(c) It shall be unlawful for any person to store any goods in or upon any public street or alley not including any motor vehicle that is legally parked and in compliance with all ordinances and state statutes.” INOPERABLE MOTOR VEHICLES 10. Sec. 20-47 Inoperable vehicles, inoperable motor vehicles, junked vehicles declared public nuisance; maintaining public nuisance prohibited. Does not have provisions disallowing tarps to be used as a cover for operable motor vehicles and vehicles. Recommendation: Add the following wording: “(h) At no time shall a tarp or any cover not designed for a specific make and model of motor vehicle or vehicle be used as a cover for an operable motor vehicle or vehicle.” TRASH AND RECYCLING CONTAINERS 11. Sec. 24-43 (d). Residential collection service. Currently the current ordinance reads: “Containers, receptacles and any unaccepted waste or recyclables, shall be removed from the curb or other designated collection point by the customer no later than 8:00 a.m. on the day following the scheduled collection day.” The provisions do not specify the proper placement of carts on non-collection days. The current ordinance does not provide language for the enforcement of carts left in the middle of the yard or driveway, or within a few feet of the curb. Recommendation: Change to read as follows: Containers, receptacles and any unaccepted waste or recyclables, shall be removed from the curb or other designated collection point by the customer no later than 8:00 a.m. on the day following the Add:“Upon removal from the curb, containers/receptacles scheduled collection day. shall be stored in as inconspicuous a location as possible, such as: (a) in a garage, (b) in an outdoor storage building, (c) on the side of a structure, behind the front building line, on the property, or (d) at the back of a structure, behind the front building line, on the property.” TRASH AND DEBRIS 12. Sec. 20-3 through 20-6. Trash and debris nuisances. These sections are no longer enforced as they have been superceded by the passage of Article III. Weeds and Grass and Unsightly or Unsanitary Matter on November 2, 2004. Recommendation: Delete the above-listed sections (20-3 through 20-6) to reduce confusion with the new sections (Article III. Weeds and Grass and Unsightly or Unsanitary Matter, Sec. 20-71 through 20-135) that were added on November 2, 2004. OUTSIDE STORAGE 13. 35.12.7 Outside Storage in the Denton Development Code has provisions limiting outside storage on commercial properties. However, there is no companion code in the Code of Ordinances limiting outside storage on residential properties. Recommendation: Adopt outside storage provisions for Chapter 20 of the Code of Ordinances as follows: “Outside storage. It shall be unlawful for any person to allow, permit, conduct or maintain any outside storage, outside of an enclosed structure, on any portion of a lot or tract, or under a carport or covered patio or other projecting overhang, for a continuous period in excess of seven days during a calendar year within the city. The door of the enclosed structure must be manufactured for use with the structure. (a) Prohibited outside storage for this section shall include, but not be limited to, the following items stored in a manner other than in an enclosed building: (1) Building materials; (2) Supplies, materials or other matter associated with a home occupation; (3) Supplies, materials or other matter associated with a nonresidential activity; (4) Chemicals; (5) Furniture not designed for outdoor use; (6) Appliances not designed for outdoor use; (7) Appliances designed for outdoor use but not currently installed; (8) Tools, mobile and/or mechanical equipment not connected with a residential use; (9) Lawn maintenance equipment; (10) Motor vehicle parts and/or accessories including but not limited to engines, transmissions, electrical parts, suspension parts, vehicle body parts, batteries, tires, wheels, hubcaps and other motor vehicle parts; (11) Other items or personal property which are not customarily used or stored outside or which are not made of a material that is resistant to damage or deterioration from exposure to the outside environment; (12) Barrels, boxes and buckets; or (13) Trash, garbage or other refuse.” (b) Children’s play equipment may not be maintained in the side yard, or the front yard between the front building line and the curb or the street. (c) Smokers, barbeque grills or any other type of outdoor cooking equipment may not be maintained in the side yard, or the front yard between the front building line and the curb or the street. HOME OCCUPATIONS 14. Sec. 35.12.10 (M) Parking and Business-Related Vehicles (Home Occupations) Does not have provisions disallowing tow trucks at home businesses. Recommendation: Add the word ‘standard’ to the following sentence contained in the Denton Development Code—“No business vehicles larger than a van, panel truck, or standard pickup truck shall be permitted to park overnight on the premises.” 15. Sec. 35.12.10 (Q) Home Occupations Not Allowed. Does not have provisions disallowing tow trucks at home businesses. Recommendation: Add towing businesses to the list of disallowed home occupations specified in the Denton Development Code. TREE CANOPY 16, The Denton Development Code (35.13.7. C.5 Tree Canopy Height) specifies that “The street tree shall be maintained by pruning, thinning and other necessary care by the adjacent property owner to ensure a minimum clearance of fifteen (15) vertical feet from the curbline to any intruding canopy branches. The Denton Code of Ordinances [Sec 20-72 (b, c)] specifies that “It shall be unlawful for any owner or occupant of any property within the city to suffer or permit limbs, brush and other vegetation existing above a public street or alley to hang lower than twelve (12) feet above the alley or public street pavement or seven (7) feet above the sidewalk and other rights-of-way. The discrepancy between the Development Code and the Code of Ordinances makes enforcement difficult. Recommendation: Change the Code of Ordinances to establish the same height requirement as specified in the Denton Development Code. Change the Code of Ordinances to read: “It shall be unlawful for any owner or occupant of any property within the city to suffer or permit limbs, brush and other vegetation existing above a public street or alley to hang lower than fifteen (15) vertical feet (measured at the curbline) above the alley or public street pavement or seven (7) feet above the sidewalk and other rights-of-way. FENCE CONSTRUCTION 17. 35.13.9 A. of the Denton Development Code states that fences cannot “exceed three and one-half (3 ½) feet in height in any required front yard.” However, the Denton Development Code does not limit the height of fences in back or side yards. Recommendation: Add the following provision to the Denton Development Code (35.13.9 A. Height): “No fence may be erected that exceeds eight (8) feet in height.” Recommendation: For consistency, add the following provisions to the Code of Ordinances, Sec. 20-171(a) Maintenance of Fences: “No fence may be erected that exceeds eight feet in height. Fences in front yards must not exceed three and one-half (31/2) feet in height.” 18. The Denton Development Code provides for fence restrictions for perimeter fences for residential subdivisions and for buffers between incompatible zoning districts. These provisions do not apply to fences on residential properties. The Development Code (35.13.9 C. Construction #4) does provide that “The use of barbed wire, razor wire or electrified wire in fence construction is prohibited, except for permitted agricultural and industrial uses.” It does not restrict the use of other non-fence materials. However, the Denton Code of Ordinances, Sec. 20-171(a) Maintenance of Fences, provides that once fences become broken or damaged “No person shall use materials not specifically manufactured as fencing materials such as plywood, corrugated steel panels, or fiberglass panels as fencing materials. “ The discrepancy between the Development Code and the Code of Ordinances makes enforcement of the fence maintenance ordinance difficult because the fence may be built of materials disallowed in the Code of Ordinances Sec. 20-171(a). Recommendation: Change both codes to mirror each other regarding the types of fence materials allowed. Keep 35.13.9 C. Construction #4 of the Denton Development Code that reads: The use of barbed wire, razor wire or electrified wire in fence construction is prohibited, except for permitted agricultural and industrial uses.” Add the following provision to the Denton Development Code “(35.13.9 C. Construction #5): No person shall use materials not specifically manufactured as fencing materials such as plywood, corrugated steel panels, fiberglass panels, vinyl tarps, or any other non-fence materials for fence construction.“ Modify the Denton Code of Ordinances (20-171a) to read as follows: No person shall use materials not specifically manufactured as fencing materials such as plywood, corrugated steel panels, or vinyl tarps, fiberglass panels, as fencing materials“or any other non-fence materials for fence construction.” Add:“The use of barbed wire, razor wire or electrified wire in fence construction is prohibited, except for permitted agricultural and industrial uses.” Û¨¸·¾·¬ î ûêèóùð÷óóîõ÷î÷êûð é×Ù îÍÓÉ× ÛóÈÓÉÔ×Ê×ÚÃØ×ÙÐÛÊ×ØÈÍÚ×ÈÔ×ÌÍÐÓÙÃÍÖÈÔ×ÙÓÈÃÈÍÏÓÎÓÏÓÂ×ÈÔ××ÄÌÍÉÇÊ×ÈÍ ø×ÙÐÛÊÛÈÓÍÎÍÖÓÎÈ×ÎÈ ÙÓÈÓÂ×ÎÉÈÍÈÔ×ÌÍÈ×ÎÈÓÛÐÌÔÃÉÓÍÐÍÕÓÙÛÐÛÎØÌÉÃÙÔÍÐÍÕÓÙÛÐÔÛÊÏÍÖ×ÄÙ×ÉÉÓÆ×ÎÍÓÉ×ÛÎØÈÍÌÊÍÈ×ÙÈ ÌÊÍÏÍÈ×ÛÎØÌÊ×É×ÊÆ×ÈÔ×ÌÇÚÐÓÙÔ×ÛÐÈÔÙÍÏÖÍÊÈÙÍÎÆ×ÎÓ×ÎÙ×ÉÛÖ×ÈÃÛÎØÅ×ÐÖÛÊ×óÈÓÉÈÔ××ÄÌÊ×ÉÉ ÓÎÈ×ÎÈÍÖÈÔ×ÙÓÈÃÙÍÇÎÙÓÐÈÍÙÍÎÈÊÍÐÈÔ×Ð×Æ×ÐÍÖÎÍÓÉ×ÓÎÛÏÛÎÎ×ÊÈÔÛÈÌÊÍÏÍÈ×ÉÙÍÏÏ×ÊÙ×ÌÊÍÈ×ÙÈÉÈÔ× ÉÐ××ÌÛÎØÊ×ÌÍÉ×ÍÖÙÓÈÓÂ×ÎÉÌÊÍÏÍÈ×ÉÈÔ×ÇÉ×ÆÛÐÇ×ÛÎØ×ÎÒÍÃÏ×ÎÈÍÖÌÊÍÌ×ÊÈÃÛÎØÌÊ×É×ÊÆ×ÉÈÔ× ËÇÛÐÓÈÃÍÖÈÔ××ÎÆÓÊÍÎÏ×ÎÈ ÚöÍÊÌÇÊÌÍÉ×ÉÍÖÈÔÓÉÍÊØÓÎÛÎÙ×ÉÍÇÎØÏ×ÛÉÇÊ×Ï×ÎÈÉÅÓÐÐÚ×ÏÛØ× éÍÇÎØÏ×ÛÉÇÊ×Ï×ÎÈÙÊÓÈ×ÊÓÛ ÇÉÓÎÕÈÔ×ûÅ×ÓÕÔÈÓÎÕÉÙÛÐ×ÍÎÛÎÛÌÌÊÍÆ×ØÉÍÇÎØÐ×Æ×ÐÏ×È×ÊÚÛÉ×ØÍÎÈÔ×Ê×Ö×Ê×ÎÙ×ÉÍÇÎØÌÊ×ÉÉÇÊ× ØÚÛï×ÛÉÇÊ×Ï×ÎÈÈÓÏ×ÉÅÓÐÐÚ×ÎÍÐ×ÉÉÈÔÛÎÈÅÍ ÏÓÎÇÈ×ÉÓÎÐ×ÎÕÈÔÛÎØÆÓÍÐÛÈÓÍÎÉÅÓÐÐÚ× Ø×È×ÊÏÓÎ×ØÚÛÉ×ØÍÎÈÔ×ÔÓÕÔ×ÉÈÊ×ÕÓÉÈ×Ê×ØÊ×ÛØÓÎÕÓÎÈÔÛÈÏ×ÛÉÇÊ×Ï×ÎÈÌ×ÊÓÍØûÐÐÏ×ÛÉÇÊ×Ï×ÎÈ Ð×Æ×ÐÉÅÓÐÐÚ×ÓÎÙÐÇÉÓÆ×ÍÖÛÎÃÛÏÚÓ×ÎÈÎÍÓÉ×ÈÔÛÈ×ÄÓÉÈÉÛÈÈÔ×ÈÓÏ×ÍÖÈÔ×Ï×ÛÉÇÊ×Ï×ÎÈ ÙèÔ×ÖÍÐÐÍÅÓÎÕØ×ÖÓÎÓÈÓÍÎÉÉÔÛÐÐÛÌÌÐÃÓÎÈÔ×ÓÎÈ×ÊÌÊ×ÈÛÈÓÍÎÛÎØ ø×ÖÓÎÓÈÓÍÎÉÛÎØÉÈÛÎØÛÊØÉ ×ÎÖÍÊÙ×Ï×ÎÈÍÖÈÔ×É×ÙÈÓÍÎ ûÎÓÎÉÈÊÇÏ×ÎÈÉ×ÎÉÓÈÓÆ×ÈÍÌÊ×ÉÉÇÊ×ÖÐÇÙÈÇÛÈÓÍÎÉÈÔÛÈÌÊÍÆÓØ×ÉÛØÓÕÓÈÛÐ ûÌÌÊÍÆ×ØÉÍÇÎØÐ×Æ×ÐÏ×È×Ê Ø×ÙÓÚ×ÐÊ×ÛØÓÎÕÓÎØÓÙÛÈÓÎÕÈÔ×Ð×Æ×ÐÍÖÉÍÇÎØÚÛÉ×ØÍÎÛÊ×Ö×Ê×ÎÙ×ÍÖÂ×ÊÍ ØÚ ïÓÙÊÍúÛÊèÔ× ÓÎÉÈÊÇÏ×ÎÈÏÇÉÈÛÐÉÍÚ×ÙÛÌÛÚÐ×ÍÖÈÛÑÓÎÕÏ×ÛÉÇÊ×Ï×ÎÈÉÍÎÈÔ×ûÅ×ÓÕÔÈ×ØÉÙÛÐ×ÛÎØÍÎÛÉÐÍÅÊ×ÉÌÍÎÉ× èÔ×ÉÍÇÎØÌÊ×ÉÉÇÊ×Ð×Æ×ÐÛÉÏ×ÛÉÇÊ×ØÍÎÛÎÛÌÌÊÍÆ×ØÉÍÇÎØÐ×Æ×Ð ûÅ×ÓÕÔÈ×ØÉÍÇÎØÌÊ×ÉÉÇÊ×Ð×Æ×Ð Ï×È×ÊÇÉÓÎÕÈÔ×ÛÅ×ÓÕÔÈÓÎÕÎ×ÈÅÍÊÑ ûÎÃÉÍÇÎØÖÍÊÅÔÓÙÔÈÔ×ÓÎÖÍÊÏÛÈÓÍÎÙÍÎÈ×ÎÈÍÖÈÔÛÈÉÍÇÎØÓÉÇÎÛÏÚÓÕÇÍÇÉÐÃ ùÐ×ÛÊÐÃÛÇØÓÚÐ× ÙÍÏÏÇÎÓÙÛÈ×ØÈÍÈÔ×ÐÓÉÈ×Î×ÊÉÇÙÔÛÉÚÇÈÎÍÈÐÓÏÓÈ×ØÈÍÇÎØ×ÊÉÈÛÎØÛÚÐ×ÉÌÍÑ×ÎÉÌ××ÙÔÅÔÓÙÔÎ××ØÎÍÈÚ× ÅÔÍÐÐÃØÓÉÙ×ÊÎÛÚÐ×ÍÊÙÍÏÌÊ×Ô×ÎÉÓÍÎÍÖÅÔ×ÈÔ×ÊÛÆÍÓÙ×ÓÉÊÛÓÉ×ØÍÊÎÍÊÏÛÐÚÛÉÉÊ×Æ×ÊÚ×ÊÛÈÓÍÎÉÍÊ ÙÍÏÌÊ×Ô×ÎÉÓÚÐ×ÏÇÉÓÙÛÐÊÔÃÈÔÏÉ öÊÍÏ ÛÏÈÍ ÌÏ øÛÃÈÓÏ× èÔ××ÉÈÛÚÐÓÉÔ×ØÌ×ÊÓÏ×È×ÊÍÖÛÎ×Æ×ÎÈÅÓÐÐÚ×ÈÔ×Ì×ÊÏÛÎ×ÎÈÍÊÈ×ÏÌÍÊÛÊÃ ÷ÉÈÛÚÐÓÉÔ×ØÌ×ÊÓÏ×È×Ê Ö×ÎÙÓÎÕÓÎÌÐÛÙ×ÖÍÊÈÔ××Æ×ÎÈÍÊÈÔ×ÎÛÈÇÊÛÐÚÍÇÎØÛÊÓ×ÉÍÖÛÉÌ×ÙÓÖÓÙÐÍÙÛÈÓÍÎÍÊÛØØÊ×ÉÉ ûÎÃÆ×ÔÓÙÐ×ÌÊÍÌ×ÐÐ×ØÚÃÏ×ÙÔÛÎÓÙÛÐÌÍÅ×ÊÉÇÙÔÛÉÚÇÈÎÍÈÐÓÏÓÈ×ØÈÍÛÎÃÌÛÉÉ×ÎÕ×Ê ïÍÈÍÊÆ×ÔÓÙÐ× ÙÛÊÈÊÇÙÑÈÊÇÙÑÈÊÛÓÐ×ÊÉ×ÏÓÈÊÛÓÐ×ÊÙÛÏÌ×ÊÏÍÈÍÊÙÃÙÐ×ÏÓÎÓÚÓÑ×ÕÍÙÛÊÈØÇÎ×ÚÇÕÕÃÍÊÊÛÙÓÎÕÆ×ÔÓÙÐ× öÊÍÏ ÌÏÈÍ ÛÏ îÓÕÔÈÈÓÏ× ûÎÃÉÍÇÎØÅÔÓÙÔÓÉÇÎÅÛÎÈ×ØÍÊÅÔÓÙÔÙÛÇÉ×ÉÍÊÈ×ÎØÉÈÍÙÛÇÉ×ÛÎÛØÆ×ÊÉ×ÌÉÃÙÔÍÐÍÕÓÙÛÐÍÊ îÍÓÉ× ÌÔÃÉÓÍÐÍÕÓÙÛÐ×ÖÖ×ÙÈÍÎÔÇÏÛÎÚ×ÓÎÕÉ ûÎÃÖÍÊÏÍÖÏÇÉÓÙÛÐ×ÎÈ×ÊÈÛÓÎÏ×ÎÈÌÊÍÆÓØ×ØÚÃÐÓÆ×Ì×ÊÖÍÊÏÛÎÙ×ÉÓÖ íÇÈØÍÍÊÏÇÉÓÙÖ×ÉÈÓÆÛÐ ïÍÊ×ÈÔÛÎÈÅÍÔÇÎØÊ×Ø Ì×ÊÉÍÎÉÛÊ×ÓÎÛÈÈ×ÎØÛÎÙ×ÛÈÛÎÃÍÎ×Ì×ÊÖÍÊÏÛÎÙ×ÍÊ èÔ××Æ×ÎÈÊ×ËÇÓÊ×ÉÌÛÓØÛØÏÓÉÉÓÍÎÛÎØ ûÎÃÍÖÈÔ×Ì×ÊÖÍÊÏ×ÊÉÍÊÌ×ÊÖÍÊÏÛÎÙ×ÛÊ×ÎÍÈÅÓÈÔÓÎÛÌ×ÊÏÛÎ×ÎÈ×ÎÙÐÍÉ×ØÉÈÊÇÙÈÇÊ×ÛÎØ ûÎÃÍÖÈÔ×Ì×ÊÖÍÊÏÛÎÙ×ÓÎÆÍÐÆ×ÉÈÔ×ÇÉ×ÍÖÛÏÌÐÓÖÓ×ØÉÍÇÎØ ûÎÃÏÛÙÔÓÎ×ÍÊØ×ÆÓÙ×ÖÍÊÈÔ×ÉÍÇÎØÛÏÌÐÓÖÓÙÛÈÓÍÎÍÖÈÔ×ÔÇÏÛÎÆÍÓÙ× éÍÇÎØÛÏÌÐÓÖÃÓÎÕ×ËÇÓÌÏ×ÎÈ ÏÇÉÓÙÏÇÉÓÙÛÐ×ËÇÓÌÏ×ÎÈÍÊÛÎÃÍÈÔ×ÊÉÍÇÎØ Vibration (bass reverberation): A temporal and spatial oscillation of displacement, velocity, or acceleration in a solid material created by the use or operation of a stationary loudspeaker, amplifier, musical instrument, or any other sound amplifying equipment. Any ground or structure-borne vibrational motion that is perceptible by sensation by touch, visual observation of moving objects, or means other than through the sense of hearing. (d) General noise violations. (1) It shall be unlawful for a person to make or cause any unreasonably loud, disturbing, or unnecessary noise, which causes material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof. (2) It shall be unlawful for any person to make or cause any noise of such character, intensity and continued duration as to substantially interfere with the comfortable enjoyment of private homes by persons of ordinary sensibilities. (3) The following acts, among others, are declared to be noise nuisances in violation of this Code, but such enumeration shall not be deemed to be exclusive: a. The playing of any phonograph, television, radio, or any musical instrument in such manner or with such volume, so as to be clearly audible to a person in their residence, and 1. During the daytime, measure more than sixty-five (65) dba on the A- weighting scale on an approved sound-level meter at more than fifty (50) feet from the source; or 2. During the nighttime, measure more than sixty-five (65) dba on the A- weighting scale on an approved sound-level meter at more than fifty (50) feet from the source; or 3. During the daytime, in amulti-family dwelling, measure more than 50 dba on the A-weighting scale on an approved sound-level meter in any adjacent unit; or 4. During the nighttime, in amulti-family dwelling, be clearly audible within any unit that is not the source on the sound. b. The use of any stationary loudspeaker, amplifier, musical instrument, or sound amplifying equipment in such a manner or with such volume so as to be clearly audible to a person in their residence, and 1. During the daytime, be of such intensity and volume so as to measure more than sixty-five (65) dba on the A-scale on a sound-level measuring device at more than fifty (50) feet from the source; or 2. During the nighttime, be of such intensity and volume so as to measure more than sixty-five (65) dba on the A-scale on a sound-level measuring device at more than fifty (50) feet from the source; or 3. During the daytime, in amulti-family dwelling, measure more than 50 dba on the A-weighting scale on an approved sound-level meter in any adjacent unit; or 4. During the nighttime, in amulti-family dwelling, be clearly audible within any unit that is not the source of the sound; or 5. At any time on Sunday; 6. Provided, however, that the city council may make exceptions upon application for sound levels or hours of operation when the public interest will be served thereby; c. The creation of vibration or bass reverberations at any time that is perceptible inside a complaining person's residence, through the sense of touch, or through visual observation of moving objects, or through the sense of hearing. d. The use of any radio, stereo, amplifier, sound amplifying equipment, or other musical device installed or contained in a motor vehicle at a volume such that it is clearly audible to any person from more than thirty-five (35) feet from the vehicle. e. The blowing of any steam whistle attached to any stationary boiler or the blowing of any other loud orfar-reaching steam whistle within the city limits, except to give notice of the time to begin or stop work or as a warning of danger; f. The erection, excavation, demolition, alteration, or repair work on any building at anytime other than between the hours of 6:00 am and 8:30 pm Monday through Friday from June 1 to September 30; between 7:00 am and 8:30 pm Monday through Friday from October 1 to May 31; between 8:00 am and 8:30 pm on Saturday; and between 1:00 pm and 8:30 pm on Sunday; provided, however, that the city council may issue special permits for such work at other hours in case of urgent necessity and in the interest of public safety and convenience; g. The creation of any loud and excessive noise in connection with the loading or unloading of any vehicle or the opening or destruction of bales, boxes, crates or containers; h. The use of any drum, loudspeaker, or other instrument or device for the purpose of attracting attention by the creation of noises to any performance, show, theater, motion picture house, sale of merchandise, or display which causes crowds or people to block or congregate upon the sidewalks or streets near or adjacent thereto. (e) Outdoor music festivals. (1) At any outdoor music festival, it shall be unlawful for any person or group sponsoring the event to make, cause, allow, or permit any noise that: a. Exceeds seventy (70) dba on an approved sound-level meter when measured at the established perimeter of the event. b. Provided, the city council may make exceptions upon application for sound levels or hours of operation when the public interest will be served thereby. (f) Criminal penalty. (1) A person commits an offense if he violates or attempts to violate a provision of this chapter applicable to him. A culpable mental state is not required for the commission of an offense under this chapter unless the provision defining the conduct expressly requires a culpable mental state. A separate offense is committed each day in which an offense occurs. An offense committed under this chapter is punishable by a fine of not more than five hundred dollars ($500.00). (2) Prosecution for an offense under subsection (a) does not prevent the use of other enforcement remedies or procedures applicable to the person charged with or the conduct involved in the offense. (Code 1966, §§ 14-20,14-21; Ord. No. 95-184, § I, 9-12-95; Ord. No. 2001-265, § 1, 7-31-01) Cross references: Animal noise, § 6-26. Sec. 20-2.Odors. (a) It shall be unlawful for any person to create or cause any unreasonably noxious, unpleasant or strong odor which causes material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof. (b) It shall be unlawful for any person to create or cause any odor, stench or smell of such character, strength or continued duration as to substantially interfere with the comfortable enjoyment of private homes by persons of ordinary sensibilities. (c) The following acts or conditions, among others, are declared to be odor nuisances in violation of this Code, but such enumeration shall not be deemed to be exclusive: (1) Offensive odors from cow lots, hog pens, fowl coops and other similar places where animals are kept or fed which disturb the comfort and repose of persons of ordinary sensibilities; (2) Offensive odors from privies and other similar places; (3) Offensive odors from the use or possession of chemicals or from industrial processes or activities which disturb the comfort and repose of persons of ordinary sensibilities; (4) Offensive odors from smoke from the burning of trash, rubbish, rubber, chemicals or other things or substances; (5) Offensive odors from stagnant pools allowed to remain on any premises or from rotting garbage, refuse, offal or dead animals on any premises. (Code 1966, §§ 14-22, 14-23) Sec. 20-3. Garbage, trash and rubbish nuisances--Generally. (a) Storing or keeping garbage, trash and rubbish. The storing or keeping of any and all stacks, heaps or piles of old lumber, refuse, junk, old cars or machinery or parts thereof, garbage, trash, rubbish, scrap material, ruins, demolished or partly demolished structures or buildings, piles of stones, bricks or broken rocks on any premises bordering any public street in the city so as to produce an unsightly and ugly appearance or which may harbor reptiles or rodents, create a fire hazard or result in unsanitary conditions is hereby declared to be a publicnuisance and unlawful. (b) Dumping. The dumping, unauthorized placing or depositing of any trash, rubbish, garbage, tin cans, refuse, grass, weeds, scrap materials, offal, dead animals or junk in or upon any street, alley, sidewalk, branch, creek, ditch or gutter or along or upon the sides thereof in the city is hereby declared to be a public nuisance and unlawful. (Code 1966, § 12-7) Sec. 20-3.1.Same--Notice to owner of violations; abatement by city; collection of costs; appeals. (a) Notice of violation. If the owner of property fails or refuses to comply with section 20-3, the city shall give written notice to the property owner. The notice shall be delivered to the owner or mailed to the owner's post office address. If delivery in person is not possible or if the owner's post office address is unknown, notice shall be given by publication in the city's official newspaper at least twice within ten (10) consecutive days. (b) City may correct violation. If, at the expiration of ten (10) days after delivery, mailing or publication of the notice, the owner fails to correct the violation, the city may enter upon the property and do the work, or pay for the work to be done, as necessary to correct the violation. (c) Owner assessed costs. A statement of the costs incurred by the city in correcting a violation shall be mailed to the property owner. The costs shall include an administrative fee of eighty dollars ($80.00). The statement shall be due within thirty (30) days of the date of mailing. (d) Lien to secure costs. If the statement is not timely paid, the city may file a statement with the county clerk of the costs incurred, including administrative costs. Upon filing the statement, the city shall have a privileged lien on the land upon which the costs were incurred, second only to tax liens and liens for street improvements. The amount of the lien shall include ten (10) percent on the delinquent amount from the date payment was made by the city. The statement of expenses or a certified copy of the statement is primafacie proof of the expenses incurred by the city. To collect the costs, suit may be instituted and recovery and foreclosure had in the name of the city. (e) Appeal of costs imposed. Within fifteen (15) days of the date the statement of costs is mailed to the owner of the premises, the owner may appeal the reasonableness of the charges billed for abating the condition to the city council by filing a written statement with the city manager or his designee, stating why the charges are unreasonable. The appeal shall be submitted to the city council for its review within a reasonable time after filing. If the council finds the charges unreasonable, it shall assess the costs as it deems reasonable. The administrative charge shall not be appealable. (Ord. No. 90-188, § II(12-36--12-40), 11-20-90; Ord. No. 91-174, § II(20-81), 11-5-91) Editor's note: Ord. No. 90-811, § I I, adopted Nov. 20,1990, amended the 1966 Code by the addition of provisions which have been designated at the discretion of the editor as § 20-3.1. Sec. 20-4.Owner responsibility to remove heavy accumulations of debris. Heavy accumulations such as brick, broken concrete, rocks, stones, ashes, lumber, clinkers, cinders, dirt, plaster, sand, gravel, automobile frames, dead trees and other bulky, heavy material shall be disposed of as required by the city at the expense of the owner or person controlling same or upon payment of the actual cost of such removal plus ten (10) percent of such cost to the city. (Code 1966, § 12-17(a)) Cross references: Solid waste, Ch. 24. Sec. 20-5. Duty to keep sidewalk, parkway and alleyway clean--Generally. (a) It shall be unlawful for any owner, tenant, or lessee of a premises to allow grass, weeds, or other vegetation over twelve (12) inches in height, trash, rubbish, filth, or debris to be upon the abutting or adjacent sidewalk, parkway, or alleyway. (b) Any such materials shall be removed by the owner, tenant, or lessee of the premises and placed in trash receptacles or disposed of in a manner as required by this Code. (c) It is a defense to prosecution hereunder that: (1) A premises is unfenced and is maintained in a manner consistent with the provisions of this section at all points on the premises within one hundred (100) feet of the edge of any open street. (2) A premises is fenced and is maintained in a manner consistent with the provisions of this section at all points from the street to the fence or one hundred (100) feet from the edge of any open street, whichever is the less distance. (3) The vegetation which is over twelve (12) inches in height is wildflowers, but only until such time as seeds have matured following the final blooming of the majority of the plants. (d) Failure to comply with the requirements of this section shall be and hereby is declared to constitute a nuisance subject to citation or abatement as provided in this chapter. (Ord. No. 91-174, § I, 11-5-91; Ord. No. 94-027, § I, 2-15-94) Sec. 20-6. Same--Notice of violation. If the owner of property fails or refuses to comply with section 20-5, the city shall give written notice to the property owner. The notice shall be delivered to the owner or mailed to the owner's post office address. If delivery in person is not possible or if the owner's post office address is unknown, notice shall be given by publication in the city's official newspaper at least twice within ten (10) consecutive days. (Ord. No. 91-174, § I(20-81), 11-5-91) Editor's note: At the discretion of the editor, provisions designated as § 20-81 by Ord. No. 91-174, § II, enacted Nov. 5,1991, have been included herein as § 20-6. See the Code Comparative Table for a specific derivation of said Ord. No. 91-174. Secs. 20-7--20-30. Reserved. ARTICLE II. JUNKVEHICLES* *Editor's note: Ord. No. 2004-353, § 1, adopted November 2, 2004, amended the title of Ch. 20, Art. I I to read as herein set out. Former Art. II title pertained to abandoned property. Cross references: Abandonment of animals, § 6-22. DIVISION 1. GENERALLY Secs. 20-31--20-40. Reserved. DIVISION 2. MOTOR VEHICLES* *Cross references: Automotive wrecking and salvage yards generally, § 16-126 et seq.; motor vehicles and traffic generally, Ch. 18; police generally, Ch. 23. State law references: Procedure for abandoned motor vehicles on public property, Vernon's Ann. Civ. St. art. 4477-9a, § 5.01 et seq. Sec. 20-41. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Inoperable motor vehicle means a motor vehicle that does not have lawfully affixed either an unexpired license plate or a valid motor vehicle safety inspection certificate, or a vehicle that is not in operating condition because it is wrecked, dismantled, partially dismantled, dilapidated or has one or more flat tires. Inoperable vehicle means a vehicle without a motor, including but not limited to trailers, campers, camper shells, and wheeled towing frames, that is not in operating condition because it is wrecked, dismantled, partially dismantled, dilapidated or has one or more flat tires. Junk vehicle means a vehicle that is self-propelled and: (1) Does not have lawfully attached to it: a. An unexpired license plate; or b. A valid motor vehicle inspection certificate; and (2) ~s: a. Wrecked, dismantled or partially dismantled, or discarded; or b. Inoperable and has remained inoperable for more than: 1. Forty-eight (48) consecutive hours, if the vehicle is on public property; or 2. Thirty (30} consecutive days, if the vehicle is on private property; as defined in the V.T.C.A. Transportation Code, Section 683.071. (Ord. No. 2004-353, § 1, 11-2-04) Sec. 20-42. Authority to take possession of abandoned motor vehicles. (a) The police department may take into custody an abandoned motor vehicle found on public or private property. (b) The police department may employ its own personnel, equipment and facilities or hire persons, equipment and facilities to remove, preserve and store an abandoned motor vehicle it takes into custody. State law references: Similar provisions, Vernon's Ann. Civ. St. art. 4477-9a, § 5.02. Sec. 20-43. Notification of owner and lienholders of abandoned vehicle. (a) When an abandoned motor vehicle is taken into custody, the police department shall notify not later than the tenth day after taking the motor vehicle into custody, by certified mail, the last known registered owner of the motor vehicle and all lienholders of record pursuant to the Certificate of Title Act, Vernon's Ann. Civ. St. art. 6687-1 or V.T.C.A., Parks and Wildlife Code § 31.001 et seq., that the vehicle has been taken into custody. The notice shall describe the year, make, model and vehicle identification number of the abandoned motor vehicle, set forth the location of the facility where the motor vehicle is being held, inform the owner and any lienholders of their right to reclaim the motor vehicle not later than the twentieth day after the date of the notice, on payment of all towing, preservation and storage charges resulting from placing the vehicle in custody, or garagekeeper's charges if notice is under Vernon's Ann. Civ. St. art. 4477-9a, § 5.05. The notice shall also state that the failure ofthe owner or lienholders to exercise their right to reclaim the vehicle within the time provided constitutes a waiver by the owner and lienholders of all right, title and interest in the vehicle and their consent to the sale of the abandoned motor vehicle at a public auction. (b) If the identity of the last registered owner cannot be determined, if the registration contains no address for the owner or if it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, notice by one (1) publication in the official newspaper of the city is sufficient notice under this division. The notice by publication may contain multiple listings of abandoned vehicles, shall be published within the time requirements prescribed for notice by certified mail and shall have the same contents required for a notice by certified mail in this section. (c) The consequences and effect of failure to reclaim an abandoned motor vehicle are as set forth in a valid notice given under this section. (d) The police department or an agent of the police department who takes custody of an abandoned motor vehicle is entitled to reasonable storage fees for: (1) A period of not more than ten (10) days beginning on the day the police department takes custody and continuing through the day the department mails notice as provided by this section; and (2) A period beginning on the day after the day the police department mails notice and continuing through the day any accrued charges are paid and the vehicle is removed. State law references: Similar provisions, Vernon's Ann. Civ. St. art. 4477-9a, § 5.03. Sec. 20-44. Police department use of certain abandoned motor vehicles. (a) If an abandoned motor vehicle has not been reclaimed as provided by section 20-43, the police department may use that vehicle for police department purposes as provided by this section. (b) The police department may use the abandoned motor vehicle for police department purposes as long as the department considers it cost-effective. If the police department discontinues use of the abandoned motor vehicle, the department shall auction the vehicle as provided by section 20-45. (c) This section does not apply to an abandoned motor vehicle with a garagekeeper's lien. State law references: Similar provisions, Vernon's Ann. Civ. St. art. 4477-9a, § 5.031. Sec. 20-45. Auction of abandoned motor vehicles. If an abandoned motor vehicle has not been reclaimed as provided by section 20-43, the police department may use the abandoned motor vehicle for police department purposes as provided by section 20- 44 orsell the vehicle at a public auction. Proper notice of the public auction shall be given, and in the case of a garagekeeper's lien, the garagekeeper shall be notified of the time and place of the auction. The purchaser of the motor vehicle takes title to the motor vehicle free and clear of all liens and claims of ownership, shall receive a sales receipt from the police department and is entitled to register the purchased vehicle and receive a certificate of title. From the proceeds of the sale of an abandoned motor vehicle, the city shall reimburse itself for the expenses of the auction; the costs of towing, preserving and storing the vehicle that resulted from placing the abandoned motor vehicle in custody; and all notice and publication costs incurred under section 20- 43. Any remainder from the proceeds ofa sale shall be held for the owner of the vehicle or entitled lienholder for ninety (90) days and then shall be deposited in a special fund that shall remain available for the payment of auction, towing, preserving, storage and all notice and publication costs that result from placing another abandoned vehicle in custody, if the proceeds from a sale of another abandoned motor vehicle are insufficient to meet these expenses and costs. State law references: Similar provisions, Vernon's Ann. Civ. St. art. 4477-9a, § 5.04. Sec. 20-46. Disposal of abandoned vehicle by demolition. (a) If an abandoned motor vehicle is not reclaimed in accordance with section 20-43, the state department of highways and public transportation, on notification of that fact by the applicant, shall issue the applicant a certificate of authority to sell the motor vehicle to a demolisher for demolition, wrecking or dismantling. A demolisher shall accept the certificate in lieu of the certificate of title to the motor vehicle. (b) The state department of highways and public transportation may issue the applicant a certificate of authority to dispose of the motor vehicle to a demolisher without following the notification procedures of section 20-43 if the motor vehicle is more than eight (8) years old and has no engine or is otherwise totally inoperable. (c) A person in possession of an abandoned vehicle that was authorized to be towed in by the police department and that is more than eight (8) years old and has no engine or is otherwise totally inoperable may, on affidavit of that fact and approval of the police department, apply to the state department of highways and public transportation for a certificate of authority to dispose of the vehicle to a demolisher for demolition, wrecking or dismantling only. State law references: Similar provisions, Vernon's Ann. Civ. St. art. 4477-9a, § 5.06(d)--(f). Sec. 20-47. Inoperable vehicles, inoperable motor vehicles, junked vehicles declared public nuisance; maintaining public nuisance prohibited. (a) An inoperable vehicle, inoperable motor vehicle or junked vehicle that is visible from a public place or public right-of-way andlor is considered detrimental to the safety and welfare of the general public, tends to reduce the value of private property, invites vandalism, creates a fire hazard, is an attractive nuisance creating a hazard to the health and safety of minors, produces urban blight adverse to the maintenance and continuing development of the city, and is declared to be a public nuisance. (b) It shall be unlawful for any person, owner, agent, occupant or anyone having supervision or control of any real property within the city to maintain a public nuisance as determined under this section. (c) It shall be unlawful for any person, owner, agent, occupant or anyone having supervision or control of any real property within the city to have more than two inoperable vehicles, inoperable motor vehicles or junked vehicles upon their property. (d) Any inoperable vehicle, inoperable motor vehicle, or junked vehicle shall be screened from any public place or public right-of-way by means of a solid opaque fence or shall be enclosed within a building. In no case shall any cover placed over a vehicle constitute adequate screening. (e) An inoperable vehicle, inoperable motor vehicle, or junked vehicle or vehicle part may be disposed of by removal to a scrap yard, demolisher or any suitable site. (f) It shall be construed that a vehicle that is not demonstrated to be operable upon request of the designated city official is an inoperable vehicle. (g) An inoperable motor vehicle that remains inoperable for more than thirty (30) consecutive days becomes a junked vehicle. (h) Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined by this article. (Ord. No. 2004-353, § 2, 11-2-04) Sec. 20-48. Procedures for abating nuisance; exception. (a) The city may abate and remove a junked vehicle or a part of a junked vehicle as a public nuisance from private property, public property or public rights-of-way as provided in this section. (b) For such nuisance on private property, the city shall give not less than ten (10) days' notice stating the nature of the public nuisance on private property, that it must be removed and abated within ten (10) days and that a request for a hearing must be made before expiration of the ten-day period. The notice shall be mailed, by certified mail with afive-day return requested, to the last known registered owner of the junked motor vehicle, any lienholder of record and the owner or occupant of the private premises on which the public nuisance exists. If any notice is returned undelivered by the United States Post Office, official action to abate the nuisance shall be continued to a date not less than ten (10) days after the date of the return. (c) For such nuisance on public property, the city shall give not less than ten (10) days' notice, stating the nature of the public nuisance on public property or on a public right-of-way, that the nuisance must be removed and abated within ten (10) days and that a request for a hearing must be made before expiration of the ten-day period. The notice shall be mailed, by certified mail with afive-day return requested, to the last known registered owner of the junked motor vehicle, any lienholder of record and the owner or occupant of the public premises or to the owner or occupant of the premises adjacent to the public right-of-way on which the public nuisance exists. If the notice is returned undelivered by the United States Post Office, official action to abate the nuisance shall be continued to a date not less than ten (10) days after the date of the return. (d) The vehicle may not be reconstructed or made operable after it has been removed. (e) A public hearing shall be held before the removal of the vehicle or vehicle part as a public nuisance. The hearing shall be held before the city council or official as designated by the city council, if a hearing is requested by the owner or occupant of the public or private premises or by the owner or occupant of the premises adjacent to the public right-of-way on which the vehicle is located, within ten (10) days after service of notice to abate the nuisance. A resolution or order requiring the removal ofa vehicle or vehicle part must include a description of the vehicle and the correct identification number and license number of the vehicle if the information is available at the site. (f) Notice shall be given to the state department of highways and public transportation not later than the fifth day after the date of removal. The notice shall identify the vehicle or vehicle part. The department shall immediately cancel the certificate of title to the vehicle pursuant to the Certificate of Title Act, Vernon's Ann. Civ. St. art. 6687-1. (g) The procedures in this section shall not apply to a vehicle or vehicle part that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property, a vehicle or vehicle part that is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard or an unlicensed, operable or inoperable antique or special interest vehicle stored by a collector on the collector's property, ifthe vehicle and the outdoor storage area are maintained in a manner so that they do not constitute a health hazard and are screened from ordinary public view by means of a fence, rapidly growing trees, shrubbery or other appropriate means. (h) The procedures in this section shall be administered by regularly salaried, full-time employees of the city except that the removal of a vehicle or vehicle part from property may be by any duly authorized person. State law references: Similar provisions, Vernon's Ann. Civ. St. art. 4477-9a, § 5.09. Sec. 20-49. Disposal of junked vehicles. A junked vehicle or vehicle part may be disposed of by removal to a scrapyard, demolisher or any suitable site operated by the city for processing as scrap or salvage. The process of disposal must comply with the provisions of section 20-48(d). The city may transfer the vehicle or vehicle parts to a disposal site if the disposal is only as scrap or salvage. State law references: Similar provisions, Vernon's Ann. Civ. St. art. 4477-9a, § 5.10. Sec. 20-50. Enforcement. The person authorized by the city council to administer the procedures authorized by this division may enter private property for the purposes specified in the procedures to examine a vehicle or vehicle part, obtain information as to the identity of the vehicle and remove or cause the removal of a vehicle or vehicle part that constitutes a nuisance. Secs. 20-51--20-70. Reserved. ARTICLE III. WEEDS AND GRASS AND UNSIGHTLY OR UNSANITARY MATTER* *Editor's note: Ord. No. 2004-353, § 3, adopted November 2, 2004, repealed the former Art. III, §§ 20-71-- 20-72, and enacted a new Art. III as set out herein. The former Art. III pertained to grass and weeds and derived from § 12-26 of the 1966 Code; Ord. No. 90-188, §§ I, II(12-36--12-40),11-20-90; Ord. No. 91-174, § I(20-81),11-5-91; Ord. No. 92-094, § I, 6-2-92; Ord. No. 92-138, § I, 8-18-92; Ord. No. 94-027, § I I, 2-15-94; Ord. No. 98-432, § 1,12-8-98. Cross references: Health generally, Ch. 14; housing generally, Ch. 15; solid waste generally, Ch. 24; landscaping, screening and tree preservation generally, Ch. 31. State law references: Nuisances, V.T.C.A., Health and Safety Code § 342.001 et seq. DIVISION 1. GENERALLY Sec. 20-71. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Brush means scrub vegetation or dense undergrowth. Carrion means the dead putrefying flesh of any animal, fowl or fish. Dump means to dispose, discharge, place, deposit, throw, leave, sweep, scatter, unload or toss. Filth means any matter in a putrescent state. Garbage means any kitchen refuse, foodstuffs or related materials, including all decayable waste. Impure or unwholesome matter means any putrescible or nonputrescible condition, object or matter which tends, may or could cause injury, death or disease to human beings. Junk means all worn-out, worthless or discarded material including, but not limited to, any of the following materials, or parts of such materials, or any combination thereof: new or used iron, steel or nonferrous metallic scrap, brass or waste materials; used and/or inoperative household appliances, household electrical or plumbing fixtures, floor coverings and/or window coverings not currently in use; used lumber, brick, cement block, wire, tubing and pipe, tubs, drums, barrels, and/or roofing material not currently in use; air conditioning and heating equipment not currently in use; used vehicle components and parts not currently in use; used furniture other than that designed for outdoor use or that which would normally be considered as antique furniture; used and/or inoperative residential lawn care equipment and machinery not currently in use; used pallets, windows or doors not currently in use; new or used sheet metal, structural steel and/or chain not currently in use; used and/or inoperable vending machines, radios and/or televisions not currently in use, and any other type of used and/or inoperable machinery or equipment not currently in use. Matter means that of which any physical object is composed. Nuisance means any condition, object, material or matter that is dangerous or detrimental to human life or health; or that renders the ground, the water, the air or food a hazard or likely to cause injury to human life or health; or that is offensive to the senses; or that threatens to become detrimental to the public health; and shall include, but not be limited to, any abandoned wells, shafts or basements, abandoned refrigerators, sinks, privies, filth, carrion, rubbish, junk, trash, debris or refuse, impure or unwholesome matter of any kind, and objectionable, unsightly unsanitary matter of whatever nature. Objectionable, unsightly or unsanitary matter means any matter, condition or object which is objectionable, unsightly or unsanitary to a person of ordinary sensitivities. Owner means any person or entity shown as the property owner on the latest property tax assessment rolls or any person having or claiming to have any legal or equitable interest in the property, including any agent who is responsible for managing, leasing or operating the property and including any tenant. Property means all privately owned occupied or unoccupied property, including vacant land, and/or a building designed or used for residential, commercial, business, industrial or religious purposes. The term "property" shall also include a yard, ground, wall, driveway, fence, porch, steps or other structure appurtenant to the property. Putrescible means the decomposition of organic matter with the formation of foul-smelling, incompletely oxidized products. Refuse means a heterogeneous accumulation of worn-out, used, broken, rejected or worthless materials including, but not limited to, garbage, rubbish, paper or litter, and other decayable or nondecayable matter. Rubbish means junk, trash, debris, rubble, stone, useless fragments of building materials, and other miscellaneous, useless waste or rejected matter. Trash and debris means all manner of refuse including, but not limited to mounds of dirt, piles of leaves, grass and weed clippings, paper trash, useless fragments of building material, rubble, furniture other than furniture designed for outside use, useless household items and appliances, items of salvage, such as scrap metal and wood, old barrels, old tires, objects that hold water for an extended time, tree and brush trimmings, and other miscellaneous wastes or rejected matter. Vegetative growth means any grass, weeds, shrubs, trees, brush, bushes or vines. Weeds means any vegetation that, because of its height, is objectionable, unsightly or unsanitary, excluding: shrubs, bushes and trees, cultivated flowers and cultivated crops. (Ord. No. 2004-353, § 3, 11-2-04) Sec. 20-72. Weeds and brush over twelve inches high. (a) It shall be unlawful for any person owning, claiming, occupying or having supervision or control of any real property, occupied or unoccupied, within the corporate limits of the city, to permit weeds, brush, grass or any objectionable or unsightly matter to grow to a greater height than twelve (12) inches. All vegetation, not regularly cultivated, and which exceeds twelve (12) inches in height, shall be presumed to be objectionable and unsightly matter. (b) It shall be unlawful for any owner or occupant of any property within the city to suffer or permit tree limbs, brush or unsightly vegetation to grow within one foot of the public street or alley adjacent to that private property. (c) It shall be unlawful for any owner or occupant of any property within the city to suffer or permit limbs, brush and other vegetation existing above a public street or alley to hang lower than twelve (12) feet above the alley or public street pavement or seven (7) feet above the sidewalk and other rights-of- way. (d) With respect to lots, tracts or parcels of land of five or more acres and under single ownership, the provisions of this section shall not apply to any area greater than one hundred (100) feet from any open public street or thoroughfare, as measured from the right-of-way line of such street or thoroughfare, and greater than one hundred (100) feet from any adjacent property under different ownership and on which any building is located or on which any improvement exists, as measured from the property line. (e) Property designated as and/or required by an ordinance to be maintained in its natural state shall be exempt from the provisions of this section. (f) Property included as part of a conservation easement shall be exempt from these provisions. (g) Property that is part of a designated floodplain shall be exempt from these provisions. (Ord. No. 2004-353, § 3, 11-2-04) Secs. 20-73--20-90. Reserved. DIVISION 2. WEEDS, GRASS AND OTHER VEGETATION Sec. 20-91. Duties of owner/occupant. (a) It shall be unlawful for any person owning, claiming, occupying or having supervision or control of any real property, as described in section 20-72, to fail to cut and remove all such weeds, brush, vegetative growth, and other objectionable or unsightly matter as often as may be necessary to comply with section 20-72. (b) It shall be unlawful for any person owning, claiming, occupying or having supervision or control of any real property, occupied, or unoccupied, within the city, to fail to keep the area adjacent to his or her property line, including the front or side parkway and rear, between the property line or sidewalk and curb and the rear or side parkway between the property line and alley pavement or traveled way, or if there is no curb, then within ten feet outside such property line, free and clear of the matter referred to in subsection (a) of this section. Provided, however, that where the alleyway is not open to traffic, that the parkway in such cases shall be deemed to be between the property line and the centerline of the alley. Specifically, sidewalks must have an unobstructed vertical clearance of eight feet and must be unobstructed within the width of the sidewalk. Road access shall be unobstructed as outlined in the fire code, as amended. (c) It shall be unlawful for any person owning, claiming occupying or having supervision or control of any such real property, as described in this section, to fail to maintain all rights-of-way adjacent or next to their real property in compliance with this section. All vegetative growth not regularly cultivated crops allowed to grow within the right-of-way of any public street or easement shall also be kept mowed in compliance with this section. (Ord. No. 2004-353, § 3, 11-2-04) Sec. 20-92. Defenses and responsibilities. It shall be a defense to prosecution under article III that the vegetation is any of the following: (1) Agricultural crops, except grass and hay, unless subsection (2) stated below applies; (2) Hay that is grown for the specific purpose of cultivation and is a part of a predominantly homogeneous plant population may be grown to any height provided it is maintained in compliance with section 20-91 (b) and is located no closer than twenty feet to an adjacent property under different ownership and on which any building or improvement exists; (3) Cultivated trees; (4) Cultivated shrubs; (5) Flowers or other decorative ornamental plants under cultivation; or (6) Wildflowers, but only until such time as seeds have matured following the final blooming of the majority of the plants. (Ord. No. 2004-353, § 3, 11-2-04) Secs. 20-93--20-110. Reserved. DIVISION 3. UNSIGHTLY OR UNSANITARY MATTER Sec. 20-111. Dumping, stagnant water, trash, and other unsightly or unsanitary matter declared a nuisance. It is unlawful and declared a nuisance for any person owning, claiming, occupying or having supervision or control of any real property, occupied or unoccupied, within the corporate limits of the city, to permit or allow any, refuse, rubbish, trash, debris, filth, carrion, junk, garbage, impure or unwholesome matter of any kind or other objectionable or unsightly matter of whatever kind to remain upon any such real property or within any public easement on or across such real property or upon any adjacent public street or alley right-of-way between the property line of such real property and where the paved surface of the street or alley begins or that is visible from another's property. (Ord. No. 2004-353, § 3, 11-2-04) Sec. 20-112. Sidewalks, grounds and buildings to be kept clear. It shall be unlawful for any person owning, claiming, occupying or having supervision or control of any real property, occupied or unoccupied, within the corporate limits of the city: (1) To fail to keep the sidewalks in front of their property free and clear of all refuse, rubbish, trash, debris, filth, carrion, junk, garbage, impure or unwholesome matter of any kind or other objectionable or unsightly matter; or (2) To fail to cleanse and disinfect any of their houses, of buildings or establishments or to fail to clean any of their lots, yards or grounds of refuse, rubbish, trash, debris, filth, carrion, junk, garbage, impure or unwholesome matter of any kind or other objectionable or unsightly matter of any kind, or other impure or unwholesome matter of any kind. (Ord. No. 2004-353, § 3, 11-2-04) Sec. 20-113. Dumping. It shall be unlawful and declared a nuisance for any person to dump, or permit to be dumped upon any sidewalk, alley, street, into or adjacent to water, or any other public or private property, any unwholesome water, refuse, rubbish, trash, debris, filth, carrion, junk, garbage, impure or unwholesome matter of any kind or other objectionable or unsightly matter of whatever kind. (Ord. No. 2004-353, § 3, 11-2-04) Secs. 20-114--20-130. Reserved. DIVISION 4. ABATEMENT PROCEDURE FOR WEEDS, GRASS, UNSIGHTLY AND UNSANITARY MATTER Sec. 20-131. Failure of owner to comply with article provisions; issuance of notice. If any person owning, claiming, occupying or having supervision or control of any real property, occupied or unoccupied, within the corporate limits of the city, fails to comply with the provisions of this article, it shall be the duty of the city manager or his duly appointed representative to give a minimum of seven days' written notice to such person violating the terms of this article. (Ord. No. 2004-353, § 3, 11-2-04) Sec. 20-132. Service of notice. Notice of the violation will be delivered to the owner or occupant in person or by notice left at the location. If the property is vacant, then the notice will be mailed to the owner's address as recorded in the appraisal district records of the appraisal district in which the property is located and delivered by United States Mail. The property will be reinspected no sooner than after seven (7} days of the date on the notice. If the property is not in compliance at this time, citation may be issued. (Ord. No. 2004-353, § 3, 11-2-04) Sec. 20-133. Contents of notice. In a notice provided under this article the city may inform the owner by regular mail and by posting on the property, or by personally delivering the notice, that if the owner commits another violation of the same kind or nature that poses a danger to the public health and safety on or before the first anniversary of the date of the notice, the city without further notice may correct the violation at the owner's expense and assess the expense against the property. If a violation covered by a notice under this subsection occurs within the one- year period, and the city has not been informed in writing by the ownerof an ownership change, then the city without notice may take action permitted and assess expenses as provided by section 20-134. (Ord. No. 2004-353, § 3, 11-2-04) Sec. 20-134. City may correct violation. (a) Procedure. If at least seven (7) days has expired after notice has been given in accordance with section 20-132 and the owner has failed to correct the violation, the city may enter upon the property and do the work, or pay for the work to be done, as necessary to correct the violation. If the owner commits another violation of the same kind or nature on or before the first anniversary of the date of a notice of a violation as required in section 20-131 and the city has not received written notification by the ownerof an ownership change, the city without further notice may correct the violation at the owner's expense and assess the expenses against the property as provided by section 20-134. (b) Owner assessed costs. A statement of the costs incurred by the city in correcting a violation shall be mailed to the property owner. The costs shall include an administrative fee established by the city council and on file in the office of the city secretary. The payment shall be due within thirty (30) days of the date of mailing. (c) Lien to secure costs. If the statement is not timely paid, the city may file a statement with the county clerk of the costs incurred, including administrative costs. Upon filing the statement, the city shall have a privileged lien on the land upon which the costs were incurred, second only to tax liens and liens for street improvements. The amount of the lien shall include ten (10) percent on the delinquent amount from the date payment was made by the city. The statement of expenses or a certified copy of the statement is primafacie proof of the expenses incurred by the city. To collect the costs, suit may be instituted and recovery and foreclosure had in the name of the city. (d) Appeal of costs imposed. Within fifteen (15) days of the date the statement of costs is mailed to the owner of the premises, the owner may appeal the reasonableness of the charges billed for abating the condition to the city council by filing a written statement with the city council, stating why the charges are unreasonable. The appeal shall be submitted to the city council for review within a reasonable time after filing. If the city council finds the charges unreasonable, it shall assess the costs as it deems reasonable. The administrative charge shall not be appealable. (Ord. No. 2004-353, § 3, 11-2-04) Sec. 20-135. Additional authority to abate dangerous weeds. (a) The city may go upon property and do or cause to be done the work necessary to obtain compliance with section 20-72 without notice when: (1) Weeds have grown higher than forty-eight (48) inches; and (2) Are an immediate danger to the health, life, or safety of any person. (b) No later than the tenth day after the date the city causes the work to be done under this section, the city shall give notice to the property owner in the manner required by section 20-132. (c) The notice shall contain: (1) An identification, which is not required to be a legal description, of the property; (2) A description of the violations of the article that occurred on the property; (3) A statement that the city abated the weeds; (4) An itemized statement of the charges incurred by the city in doing or in having such work done as necessary to bring the real property into compliance with section 20-72; and (5) An explanation of the property owner's right to request an administrative hearing about the city's abatement of the weeds. (d) Appeal of costs imposed. Within fifteen (15) days of the date the statement of costs is mailed to the owner of the premises, the owner may appeal the reasonableness of the charges billed for abating the condition to the city council by filing a written statement with the city council, stating why the charges are unreasonable. The appeal shall be submitted to the city council for review within a reasonable time after filing. If the city council finds the charges unreasonable, it shall assess the costs as itdeems reasonable. The administrative charge shall not be appealable. (e) The city may assess expenses and create liens under this section as it assesses expenses and creates liens as provided in this article. (Ord. No. 2004-353, § 3, 11-2-04) Secs. 20-136--20-150. Reserved. ARTICLE IV. ENVIRONMENTAL NUISANCES Sec. 20-151. Stagnant water. (a) It shall be unlawful and considered a public nuisance for any person owning, leasing or occupying real property, within the limits of the City of Denton, to permit or allow the accumulation or ponding of standing, stagnant or non-maintained water thereon or permit the same to remain, which may harbor or be a breeding ground for mosquitoes, flies, or other pests or which may cause a foul odor or adversely impact the public health and safety by any means. Accumulations or ponding of water shall not exceed a forty-eight-hour period under normal rain conditions as described by the U.S. Department of Commerce, National Oceanic and Atmospheric Administration National Weather Service (NOAA). (b) A finding by a Code Enforcement Officer or Heath Inspector of the City of Denton shall constitute prima-facie evidence that standing, stagnant, or non-maintained water is conducive to the breeding or harboring of mosquitoes or other insects. Potential tools to make this finding may include measures of water turbidity, the presence of excessive organic matter in the water, the presence of foul odors, visually apparent algal growth, or the presence of mosquitoes, flies, or other pests. The presence of mosquito larva is not required for standing, stagnant, or non-maintained water to be classified as a public nuisance. (c) It shall be unlawful for any person, owner, agent, occupant or anyone having supervision or control of any real property within the city to maintain a public nuisance as determined under this section. (d) It shall be the duty of said persons to abate nuisances described in this article by: (1) Draining, filling or re-grading any lots, ground, or yards which have standing or stagnant water thereon; or (2) Treating the area with material, either natural or man-made that will eliminate any offensive odor and render the area harmless to the public health and eliminate the potential breeding ground for mosquitoes, flies, or other pests. (e) It shall be the duty of said persons to maintain items that are capable of collecting water including but not limited to birdbaths, fountains, reflecting pools or ponds, private orsemi-private swimming pools or other items so that they cannot harbor or be a breeding ground for mosquitoes, flies, or other pests or which may adversely impact the public health and safety or create an odor nuisance. (Ord. No. 2005-150, § 1, 5-24-05) Sec. 20-152. Abatement and notice procedures. The abatement and notice procedures provided for in sections 20-131 through 20-134 shall apply to violations of this section and this article. (Ord. No. 2005-150, § 1, 5-24-05) Sec. 20-153. Proof requirements. Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined by this article. (Ord. No. 2005-150, § 1, 5-24-05) Secs. 20-154--20-170. Reserved. ARTICLE V. FENCES Sec. 20-171. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Designee means the city manager or his duly appointed representative. Owner means any person or entity shown as the property owner on the latest property tax assessment rolls or any person having or claiming to have any legal or equitable interest in the property, including any agent who is responsible for managing, leasing or operating the property and including any tenant. (Ord. No. 2006-046, § 1, 2-7-06) Sec. 20-171. Maintenance of fences. (a) The owner of any property shall replace broken, damaged, removed or missing parts of a fence within ten (10) days of, the day the owner received notice from the designee, with the same material, or material with comparable composition, color, size, shape and quality of the original fence to which the repair is being made. The designee may, upon written notice from the owner that unusual circumstances prevent the timely repair of a fence, extend the replacement time as required. The designee shall not extendthe replacement time longer than reasonably necessary. The owner requesting a replacement time extension shall provide the designee a written scope and schedule detailing materials and estimated time period of the completed replacement for approval. No person shall use materials not specifically manufactured as fencing materials such as plywood, corrugated steel panels, or fiberglass panels as fencing materials. (b) An owner shall maintain all fences in sound structural condition. (c) All owners shall maintain fences, including those existing prior to the adoption of this chapter, at all times in a state of good repair, safe and secure condition with all braces, bolts, nails, supporting frame and fastenings free from deterioration, termite infestation, rot, rust or loosening, and able to withstand at all times the wind pressure for which they were designed. (d) A fence or wall on the property shall not preclude the property owner's responsibility to maintain and keep the area between the fence or wall and the back of the curb, the edge of the pavement, or any adjacent property line free and clear of debris and high weeds. (e) It is a defense to prosecution under subsection (a), if an owner completely removes a fence which was in disrepair, provided that the owner is not required to keep a fence pursuant to any other law or regulation. (See section 20-174). (Ord. No. 2006-046, § 1, 2-7-06) Sec. 20-172. Abatement and notice procedures. The abatement and notice procedures provided for in sections 20-131 through 20-134 shall apply to violations of this section and this article. (Ord. No. 2006-046, § 1, 2-7-06) Sec. 20-173. Proof requirements. Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined by this article. (Ord. No. 2006-046, § 1, 2-7-06) Sec. 20-174. Applicability of other laws regarding fences. Nothing in this article shall limit any other requirements regarding fencing, including but not limited to requirements established by the following: (a) Homeowner's Associations; (b) The Denton Development Code, including Chapter 13 of the Code; (c) Regulations relating to businesses where alcohol is sold; (d) Regulations regarding swimming pool fences; (e) Zoning requirements; and (f) Any other applicable local, state, or federal law regarding fencing requirements. (Ord. No. 2006-046, § 1, 2-7-06) Secs. 20-175--20-179. Reserved. ARTICLE VI. CERTAIN PARKING REGULATIONS Sec. 20-180. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Improved surface means an area paved with concrete, asphalt or comparable surfacing, constructed to standards on file in the office of the director of engineering. All improved surfaces shall be constructed in compliance with any applicable standards set forth in the Denton Development Code and the City of Denton Transportation Criteria Manual. Motorcycle means a motor vehicle designed to propel itself with not more than three wheels in contact with the ground. The term does not include a tractor or any other self-propelled farm equipment. Motor vehicle for the purposes of this article shall only include passenger cars, pickup trucks and motorcycles. Passenger car means aself-propelled vehicle designed or used primarily for the transportation of persons upon streets and does not include truck-tractors, trailers, campers, recreational vehicles, travel trailers or farm tractors. Street means the width between the boundary lines of a publicly maintained way any part of which is open to the public for vehicular travel. Truck-tractor means amotor-driven vehicle designed and used primarily for drawing another vehicle and not constructed to carry a load other than a part of the weight of the vehicle and load to be drawn. Vehicle means a device in or by which a person or property is or may be transported or drawn on a public highway, or on any waterway and shall include all motor vehicles, trailers, campers, camper shells, wheeled towing frames, recreational vehicles, truck-tractors, travel trailers, self-propelled farm equipment, motor-boats or boat trailers. For the purposes of this article, "vehicles" shall not include non-motorized bicycles, skateboards, roller skates, or any other non-motorized toy vehicle. (Ord. No. 2006-047, § 1, 2-7-06) Sec. 20-181. Parking for certain purposes. No person shall park a vehicle upon any street in the city for the purpose of: (1) Displaying such vehicle for sale, unless this is allowed under subsection 20-182(a); (2) Washing, greasing or repairing such vehicle; (3) Advertising or soliciting business; or (4) Selling merchandise from such vehicle. It shall be an affirmative defense to prosecution under subsectio emergency and if the repair was done or the vehicle was towed vehicle broke down or ceased to operate properly on the roadway. (Ord. No. 2006-047, § 1, 2-7-06) Sec. 20-182. Vehicles for sale. ~ (2) if the repair was necessitated by an away within twenty hours of the time the (a) No person may have or allow more than one used vehicle for sale on private property. Such vehicle may be parked on the driveway or may be parked on the roadway directly in front of the property provided that such parking on the roadway is legal and is in compliance with all applicable city ordinances and state laws regulating parking of vehicles including overnight parking restrictions. (b) No vehicle for sale may be on any right-of-way or easement nor may any vehicle for sale be within one hundred (100) feet of the right-of-way or easement except for vehicles for sale in compliance with subsection (a) of this section. (c) Subsection (b) shall not apply if the vehicle for sale is parked on the improved portion of the residential property. (d) This section shall not apply to any new or used car dealerships provided that the car dealership is in compliance with all state laws and city ordinances. (Ord. No. 2006-047, § 1, 2-7-06) Sec. 20-183. Parking not to obstruct traffic. (a) No person shall park any motor vehicle upon a street or alley in such a manner or under such conditions as to leave available less than ten (10) feet of the width of the roadway for the movement of vehicular traffic. (b) No person shall park any vehicle upon the street in any manner as to obstruct the loading or unloading of any solid waste container. (Ord. No. 2006-047, § 1, 2-7-06) Sec. 20-184. Parking nuisances. (a) Parking regulations. It is a nuisance and shall be deemed illegal for any person to park in violation of the following provisions: (1) It shall be unlawful for a person to park or store or allow another to park or store a recreational vehicle, travel trailer, boat or boat trailer or any vehicle other than a motor vehicle on any public right-of-way in any residential zoned district. (2) It shall be unlawful for a person to park or store or allow another to park or store a vehicle in the front yard of any property upon any surface other than an improved surface. Any improved surfaces used or added for the purpose of parking vehicles on any front yard of any lot shall be in compliance with the Denton Development Code and any other applicable ordinances. (3) It shall be unlawful for any person to park or store or allow another to park or store a vehicle in the side yard or in the rear yard of any lot, upon any surface other than an improved surface unless such vehicle is concealed from view from all points along public streets and alleys by a solid, opaque fence or wall providing full screening from the ground to a minimum height of six (6) feet. Any fencing must be in compliance with the Denton Development Code and all applicable ordinances and laws regardingfencing. (4) It shall be unlawful for any person to park or store or allow another to park or store a vehicle on any unimproved lot, easement, or right-of-way. (5) It shall be unlawful to use a vehicle for living or sleeping quarters, or for the storage of trash, debris or personal property not normally associated with the vehicle. (Ord. No. 2006-047, § 1, 2-7-06) ARTICLE III. GRAFFITI Exhibit 3 Sec. 21-55.Owner responsibility. Page 1 of 1 (a) An owner of property commits an offense if, after notification by the city, the owner fails to paint over or remove all graffiti from the owner's property that is visible from any public property or right-of-way or from any private property other than the property on which the graffiti exists. (b) Before issuing a citation for a violation under subsection (a) of this section, the designee shall serve the property owner with written notice to remove the graffiti within fourteen (14) calendar days from the date the notice was served. The notice shall contain: (1) The date and nature of the violation; (2) Physical location of the violation by street address, lot and block number; (3) Name of owner; and (4) If the condition is not corrected within fourteen (14) days of receipt of such notice or the owner fails to file an appeal within fourteen (14) days of receipt of notice to the designee, the city may, without further notice, enter upon the property by its agent or its contractors, remove the graffiti and charge the costs incurred to the owner. If the graffiti is removed by the city, the cost may be charged to the property owner and a lien may be filed against the property. (c) The notice may be served by personal delivery, or by United States certified mail, return receipt requested to the owner at the owner's post office address as shown on the tax rolls. If the owner cannot be found or the notice is returned by the United States Postal Service as undeliverable, then the owner may be notified by: (1) Publication at least twice within ten (10) consecutive days; (2) Posting notice of the violation on or near the front door of each building on the property in violation; or (3) If the property contains no buildings, posting the notice of a violation on a placard attached to a stake driven into the ground on the property. (d) The owner of the property subject to abatement under this article may appeal the decision of the designee by requesting a hearing by notifying, in writing, the designee within fourteen (14) days following the receipt of the notice. The hearing shall be conducted by the designee for the purpose of determining whether the conditions constitute a public nuisance under the provisions of this article. The owner shall be provided written notice of the time and place of the hearing at least ten (10) days prior thereto. At the hearing, the owner and the designee may present evidence relevant to the proceeding. The designee's decision shall be final. (e) If the owner fails to timely abate the graffiti or request a hearing, or if it is determined at the hearing that the graffiti constitutes a nuisance, the designee will assess expenses, and place a lien on the property. (fl Prior to the filing of a lien, the designee shall mail the owner an invoice for the costs of removal. In the event the invoice is not paid within thirty (30) days, a lien shall be filed on the property. (g) An owner maintains a public nuisance if he fails to remove graffiti or refuses to allow graffiti to be removed from his property after having been notified by the city or in the event of appeal, upon order by the designee. (Ord. No. 2005-149, § 1, 5-24-05) httpa/library4.municode.com/mcc/DocView/10644/1/153/156 7/2/2007 Exhibit 4 Subchapter 12 ....................................................................................................................................................................................................................................... . Development Code 35.12.4 Accessory Buildings and Structures. A. Accessory buildings and structures shall comply with all requirements for the principal use except where specifically modified by this Subchapter and shall comply with the following limitations as set forth in Figure -I: 1. Mechanical equipment shall be subject to the provisions of this Section. Such equipment shall not be located between the main structure on the site and any street adjacent to a front or side yard, and every attempt shall be made to place such equipment so that it is not visible from adjacent public streets. Mechanical equipment may be placed in a side yard abutting a side street if there are lot or building constraints from placing it in the other side yard and the equipment is screened with a fence or landscaping. Any installation of mechanical equipment shall require a building permit. 2. A swimming pool on a lot with a single family home may be constructed no closer than five (5) feet from any other buildings and structures on the same lot. 3. A swimming pool on a lot with a single family home maybe constructed no closer than three (3) feet from the side and rear lot line and the swimming pool shall not encroach on an easement. All other provisions of Subchapter 12 not inconsistent with this amendment shall remain in full force and effect. Interior Lot Corner Lot ~ ACCESSORY ,~ STRUCT[]RE ~ ~ (Garage) Rear Yard ~ Setback ~ ~ ~ s ~Lt~ '~ ~ '~ ~ i ~ ~ i ~~i i ~, ~ i i i ----~--- Front Yard Setback ~ ,~ ~ ~~ ~~ i~ ~~ i i i i ACCESSORY I STRUCT[]RE ~ {6arage) ,~ ~~ ae ~ ~~ ~~ ~~ Rear Yard Setback . sk~t~ ~ ~ ~ ~ ~ ~ ~i ~ ,~ ~ ; House ~ i ~~~ ~ ~~i ~ ~ ~ i ~ ----1----------------------------j SCE LIRE ~ I I Frost Yard ~ Setback ~ Properly Luce StrP,et Figure - I B. General Regulations 0 U . 1. The combined square footage of the house and accessory structure cannot exceed the zoning district maximum lot coverage listed below. Lot coverage is determined by dividing the square footage of structures by the total lot square footage. 2. Accessory structures are prohibited in any required front or side yard setback. 3. The parl~ing of ~Tehicles is not allo«~ed in a required side ~Tard, except where the garage is in the rear and not accessed from an alle~~. 12-2 Subchapter 12 ....................................................................................................................................................................................................................................... . Development Code 4. The property owner is responsible for locating property lines and determining lot square footage. The City does not provide surveying services. 5. Encroachment into a recorded easement is not permitted. 6. All accessory structures that require a building permit shall be architecturally compatible with the principal structure; or shall be screened from abutting properties and the public right of way. 7. The guest quarters shall be located on the same lot as an existing detached single-family use and may be located within or attached to the principal building or in a detached accessory building. 8. No more than one (1) guest quarters per tract or lot shall be allowed. 9. Guest quarters shall not be used as rental units. 10. The guest quarters shall be served by the same utility meter as the primary dwelling, and the building materials and architecture will be similar or in concert to the primary dwelling unit. 12-3 DIVISION 1. GENERALLY Exhibit 5 Sec. 18-106. Parking of vehicles or storage of goods in parkways prohibited. Page 1 of 1 (a) For the purpose of this section, a "parkway" is defined to be any property which the city by deed, dedication, gift, prescription or easement owns or holds for public use and lying between the private property lines of property abutting on any public street and the curblines of the street. (b) It shall be unlawful for any person to park any vehicle or store any goods in or upon any parkway, notwithstanding the location of any drive or driveway in such parkway. (Code 1966, § 24-133) http://library4.municode.comlmcclDocView/10644I1/120I126/127 7/2/2007 ARTICLE II. RESIDENTIAL COLLECTION SERVICE Page 1 of 1 Exhibit 6 Sec. 24-43. Residential collection service. (a) All single family residents within the city shall place their residential refuse and recyclables at the curb as specified by the director of solid waste or designee. (b) Residential refuse and recyclables shall be placed at the curb no earlier than 6:00 p.m. on the day prior to the scheduled collection day. To ensure collection, residential refuse and recyclables should be placed at the curb by 7:00 a.m. on the day of collection. (c) Customers whose refuse or recyclables were not collected because; they were not placed at the proper location, they contained unacceptable materials, or they were not placed out for collection by the required time, shall not be collected until the next regularly scheduled collection service. (d) Containers, receptacles and any unaccepted waste or recyclables, shall be removed from the curb or other designated collection point by the customer no later than 8:00 a.m. on the day following the scheduled collection day. (e) All refuse and recyclable containers shall securely contain all contents, and shall be capable of being handled without spillage. Refuse and recyclables determined by the city to not be properly contained shall not be collected. (Ord. No. 2005-256, § 1, 9-20-05) httpa/library4.municode.com/mcc/DocView/10644/1/168/170 7/2/2007 Exhibit 7 Subchapter 12 ....................................................................................................................................................................................................................................... . Development Code 35.12.7 Oufside Sforage. Outdoor storage shall comply with the following design criteria in conjunction with any use when the outdoor storage is accessory to the main use: A. Is screened from any right-of way and adjoining property in accordance with the provisions of section 35.13.8.B. B. Is located to the rear or side of the structure. C. Does not contain views of interior storage over the six-foot fence height within the outdoor storage area. In such circumstances, a buffer will be required in accordance with the provision of section 35.13.8.A. D. The definition of outdoor storage does not include retail planting stock and landscape stone or similar landscape materials, associated with a nursery. However, storage of soils, load piles of gravel and other landscape installation equipment and similar materials shall be required to comply with this limitation when they are stored outside. 12-3 Exhibit 8 Subchapter 12 ....................................................................................................................................................................................................................................... . Development Code Vi. All open-bodied vehicles transporting material from a dry batch plant to the paving mixer shall be loaded with a layer of layer sand, and the truck shall be covered with a carp to mi~~imize the emission of dust under existing conditions. vii. Temporary concrete hatching plants (including associated stationary c~~~uipment and stockpiles; shall be located at least three hundred (300) feet from an~T recreational area, school, reside nce or other structure not occupied or used solely by the owner of the property upon which the facility is located. This distance limitation does not apply to structures within the boundaries of the project for which the facility is to pour concrete, provided that the facility is located on cr contiguous to the project. viii. Temporary asphalt batcl-~~ng plants shall be located ar least one-half (1/2) mile from any recreational area, school, re idence or other strucrare not occupied or used solely by the owner of the property upon wl~~ch the facility is located. ix. Applicant shall clear the site of all ~quipmPnt, material and debris upon completion of the project. b. Maximum duration of permit. A permit shall b° valid for a period not to exceed sixty (60) days. No more than three (3) permits may be issued i~r the same site or project within the twelve- monthperiod following the origir_~il date of issuance. c. Hours of operation. The faty may operate only between the hours of 6:00 am and 8:30 pm, Monday through Friday, from June 1 to September 30; 7:(~0 am and 8:30 pm, Monday through Friday October 1 to "vlay 31; 8:00 am and 8:30 pm on Sat~~rdays; 1:00 pm and 8:30 pm on Sundays. d. Eligible zoning classifications. Temporary batch plants are eligible for permitting in all zoning districts. e. Revocation of permit. In addition to the reasons enumerated above, the building official may terminate or revoke a permit for any of the following reasons: i. The facility fails to comply with any of the requirements as listed in this section. ii. The facility violates any of the standards as listed on the standard exemption list ad~~bted by the Texas Natural Resources Conservation Commission and Amended from time to time. 35.12.10 Home Occupations. The following provisions apply to home occupations: A. Dwelling. A home occupation shall be permitted only when it is an accessory use to a detached single-family dwelling unit. B. Restriction on Sales. A home occupation shall not involve any external structural alteration of the single-family dwelling unit. C. Employees. Only one employee other than occupants of the residence may be employed in the home occupation. A person who receives a wage, salary or percentage of the profits directly related to the home occupation shall be considered an employee for the purposes of this Subchapter, provided that this definition shall not include the coordination or supervision of employees who do not regularly visit the dwelling for purposes related to the business. D. External Display of Products. There shall be no external display of products or any other externally visible evidence whatsoever of the occupation, business or profession. 12-13 Subchapter 12 ....................................................................................................................................................................................................................................... . Development Code E. Outdoor Storage. No outdoor storage of materials, goods, supplies or equipment shall be allowed. F. Signage. A person who engages in a home occupation shall not place an advertisement, sign, or display on or off the premises. G. Patrons. A home occupation shall not involve more than four (4) patrons on the premises at one time. H. Outdoor Activities. Any outdoor activities associated with a home occupation shall be screened from the neighboring property by a solid fence of at least six fee (6') in height. I. Product Sales. A home occupation may include the sale of products on the premises provided compliance is maintained with all other conditions specified herein. J. Definition of "On the Premises." "On the premises," as it pertains to home occupations, shall be defined as the single-family dwelling unit plus the lot on which such structure is located. K. Nuisance. A home occupation shall produce no offensive noise, vibration, smoke, electrical interference, dirt, odors or heat in excess of those normally found in residential areas. No toxic, explosive, flammable, combustible, corrosive, radioactive, or other hazardous materials shall be used or stored on the site for business purposes. L. Prohibited Equipment and Materials. There shall be no chemical, mechanical or electrical equipment on the premises other than that normally found in asingle-family dwelling unit. M. Parking and Business-Related Vehicles (vehicles either marked or equipped commercially). No on-street parking of business-related vehicles shall be permitted at any time. No business vehicles larger than a van, panel truck, or pickup truck shall be permitted to park overnight on the premises. The number ofbusiness-related vehicles shall be limited to one. N. Sale of Garden Produce. The above-listed requirements of a home occupation shall not be construed to restrict the sale of garden produce grown on the premises within the R (Rural) District, provided this exception shall not extend to allow the operation of a commercial greenhouse or nursery or the existence of stands or booths for display of such produce. 0. Allowable Home Occupations. The following uses are allowable as home occupations without the approval of a Special Use Permit: 1. Registered Family Homes (in-home childcare) or Adult Day Care, but not more than six children or adults at a time, including the caregiver's own preschool-aged children or adult family member. 2. Tutoring of all types, but limited to four pupils at one time. 3. Arts and crafts. 4. Small appliance repair. 5. Contractor offices (i.e., painting, cleaning, yard maintenance, building). 12-14 Subchapter 12 ....................................................................................................................................................................................................................................... . Development Code 6. Attorneys. 7. Accountants. 8. Real estate agents. 9. Insurance agents. 10. Counselors, psychological therapists. 11. Tailor. 12. Chimney Cleaning. 13. Home marketing, mail order products or services and e-mail. 14. Laundering services. 15. Registered massage therapists. 16. Any use determined by the Director to be an Allowable Home Occupation. P. Home Occupations Requiring an Specific Use Permit The following uses are allowable home occupations with the approval of a Specific Use Permit. 1. Catering establishments (i.e., business providing contract services consisting of food and banquet preparations prepared internally and delivered to customers off the premises). 2. Musician's and artist's studio. 3. Barber and beauty shops, provided that the use is conducted by family members who live in the residence (no outside employees permitted). The business shall consist of no more than one beauty/barber chair, and no more than two (2) customers shall be permitted at one time. Said business shall operate only between the hours of 8:00 a.m. and 8:00 p.m.. Q. Occupations Not Allowed. The following uses are examples of home occupations which are not allowed: 1. Antique sales. 2. Medical doctors, or any practice of physical and/or medical application, including chiropractors. 3. Dentists. 4. Vehicle repair/mechanic's garages and automobile detailing. 5. Commercial greenhouses or nurseries. 6. Animal grooming. 12-15 Exhibit 9 Subchapter 13 ....................................................................................................................................................................................................................................... . Development Code C. Street Tree Requirements All development, with the exception of estate style single-family subdivisions shall be required to plant street trees in accordance with the following standards and in accordance to the Site Design Criteria Manual. Estate style single-family subdivisions are those subdivisions having lot frontages greater than 100' wide and contain lots equal to or greater than one acre in size, and utilize barrow ditches as drainage along streets, on public or private streets. The Director of Planning and Development may approve alternative plans due to special site conditions, which may, for reasons such as safety, site conditions, or existing trees on the lot, affect the ability to meet these regulations. 1. Street Tree Plan. All development shall be required to submit a master street tree plan noting location, number, and species of trees to be used within the development. 2. Location. Street trees shall be located between the street and sidewalk, except in cases where there is a designated planting strip in the right-of way, or the sidewalk is greater than eight (8) feet wide and designed to accept trees in tree wells. 3. Number and Spacing. Street trees shall be planted by the following requirements: a. Spacing along street i. Single Family Residential -spacing of street trees within single-family residential developments shall be conducted as follows: a. One (1) tree per lot, evenly spaced, for developments with lots less than 60 linear feet of street frontage. b. Two (2) trees per lot, evenly spaced for developments with lots greater than 60 linear feet of street frontage. c. 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. ii. Multi-Family Residential, Townhome and Non-residential Developments -spacing of street trees within multi-family residential, townhome or non-residential developments shall be one (1) tree for every 45 linear feet of street frontage. iii. Corner lots -street trees on corner lots for all developments shall be located a minimum of twenty-five (25) feet from the property corner adjacent to the street right-of way intersection. b. Spacing from Utilities i. Water and Wastewater Service Lines - no trees shall be planted closer than nine (9) feet from any underground water or wastewater utility connection or main. The location of the water and wastewater utility line shall be considered, for distance purposes, to be the surface of the ground above the line. ii. Fire hydrants - no trees shall be planted closer than ten (10) feet from any fire hydrant. iii. Street lighting -street lighting instruments shall be installed according to the design criteria of the electric utility. Individual street light instruments may be substituted in the place of individual street trees in order to reduce tree/instrument conflict. iv. Within planting strip -all street trees shall be planted within the centerline of the planting strip running parallel between the curbline and sidewalk. v. Root Barrier System -spacing requirements from utilities may be reduced at the discretion of the Development Review Committee Chair with a street tree plan submitted and 13-15 Subchapter 13 ....................................................................................................................................................................................................................................... . Development Code approved which would include the installation of root barrier systems approved of by the Water or Wastewater Department. c. Spacing from Driveways - no trees shall be planted closer than five (5) feet from any driveway. 4. Tree Species a. Street Tree Species Type -tree species to be used for street trees will come from the City of Denton tree list and be of a medium or large tree variety. b. Species Diversity -street tree species shall be of the same variety along an individual block. The same species of tree shall not be used on streets which are generally parallel and within two (2) blocks apart. If a species of tree is approved to be installed on the dead-end street, the same species of tree should be used on the extension of the street into the new subdivision. 5. Maintenance a. Street trees shall be maintained by the adjoining property owner. It is the adjoining property owner's responsibility to thin, prune, spray, water and fertilize, and otherwise maintain street trees, as maybe deemed necessary and feasible. All incurred costs are to be borne by the property owner. b. Tree Canopy height -The street tree shall be maintained by pruning, thinning and other necessar~~ care b~~ the adjacent property owner to ensure a minimum clearance of fifteen (15) ~rertical feet from the curbline to an~~ intruding canopy branches. c. Removal of Trees or Plantings in Public Right-of Way: The City may remove any planting which constitutes a hazard or may endanger the health, well-being or property of the public or which constitutes an obstruction to the vision of traffic. d. Tree Replacement: The City may replace an approved street tree or other planting which has died or may have been removed for any reason, or plant additional street trees deemed appropriate and consistent with available resources. e. Abuse or Mutilation: It shall be unlawful for any person to break, destroy, or mutilate any approved street tree, or to set fire or permit any fire to cause damage to any portion of any street tree, or to attach or place any rope or wire, sign, poster or other device on any street tree. 13-16 Subchapter 13 ....................................................................................................................................................................................................................................... . Development Code a. Fencing i Wood fence constructed with steel posts and a decorative cap with the good side faring the residential use or zoning district. li A minimum of 10 foot landscaped area with one tree for every 30 linear feet. b. Vegetative buffer i The buffer width is a minimum of 30 foot wide and, u Existing and proposed vegetation is a minimum 50% opaque. c. Berms i A magnum o a 1 on 4 side slope facing the residerlaal use or zoning district with a minimum of an 8 ~ wide top. u The minimum quantitr of plant material shall be c~.lculated as follows: (a) 1 large tree per 30 lin; ar foot, plus (b) 2 small trees per 30 linear foot, plus (c) 10 shrubs per 30 linear foot B. Screening. Other screening and buffering shall pe arovided as follows: 1. Refuse Container Screen. Refuse cr~ntainers c,r disposal areas shall be screened from view by placement of a solid wood fence or masonry wall a~, tall as the refuse containers, but no less than 5 feet in height. All refuse materials shall be contained wi*hin the refuse area. 2. Service Corridor Screen. ~~; hen adjacent to residential uses, commercial and industrial service corridors shall be screened, Siting and design of such service areas shall reduce the adverse effects of noise, odor and visual ch_~tter upon adjacent residential uses. 3. Mechanical Equipment Screen. All mechanical equipment shall i~~e screened from any public right- of way or adjacer~ to residential use or zoning district. 4. Outdoor Storage. All outside storage shall comply with the provisions of section 35.12.7. C. Exceptions t%~ Buffering and Screening Requirements. The buffF~ring and screening requirements may be waived by the Director subject to the following proVlSl~~11S: 1. Prescribed fences or walls may be waived if a building, fence, or wall of at least equi-~alent height, opacity, and maintenance exists immediately abutting and on the opposite side of the lot lin°. ~~ 2. Prescribed buffers may be waived where the design of the site is in conjunction with a master l,~lanned development or within a mixed use district. 35.13.9 Fence Requirements. All fences are subject to the following requirements and must meet the standards contained in the Site Design Criteria Manual. A. Height. 1. In an~r required front ~rard, pro~Tided their do not exceed three and one-half (31 /2) feet in height. B. Subdivision Perimeter Fences/Walls Standards. 1. Along any right of way, excepting local streets and alleys 13-17 Exhibit 10 Subchapter 13 ....................................................................................................................................................................................................................................... . Development Code a. Walls shall be made of any combination of wrought iron, masonry, stone or decorative concrete panels. b. Decorative stone, masonry or stucco pilasters are required at a minimum of 50' on center. c. The use of a cap is strongly encouraged with other design elements to modulate the top of the wall. 2. Along the right-of way of a Local Street a. Walls shall be made of any combination of wrought iron, and wood. If wood is used it shall be constructed with steel posts and a decorative cap with the good side out. b. Decorative stone, masonry, wood or stucco pilasters are required at a minimum 50' on center. C. Construction. 1. Perimeter fences located within 50' of a public or private right-of way, excluding local streets or alleys, shall be constructed of masonry material. 2. The framework for newly constructed fences and walls shall face toward the builder's property, except where fences are jointly constructed. 3. Fences shall not lean at an angle from the vertical plane any greater than five (5%) percent. 4. The use of barbed «~ire, razor wire or electrified wire in a fence construction is prohibited, except for permitted agricultural and industrial uses. D. Vision Clearance Area. A vision clearance area shall be provided at intersections which meets the standards contained in the Transportation Criteria Manual. 13-18 AGENDA INFORMATION SHEET AGENDA DATE: July 24, 2007 DEPARTMENT: City Manager's Office CM: George Campbell, City Manager ~TIR.TF,CT Receive a report, hold a discussion and give staff direction regarding nominations to the City's Boards and Commissions. BACKGROUND Attached are the nominations Council has submitted for board and commission positions since the July 17th meeting and the vacancies that still need nominations. Council will be voting on approval of these nominations under "Items for Individual Consideration". If you require any further information, please let me know. Respectfully submitted: Jennifer Walters City Secretary S:1Boards & CommlAgenda Info Sheet for Nominations WS.doc BOARD AND COMMISSION NOMINATIONS Board Council Member Nomination Airport Advisory Board Heggins Rick Woolfolk (R) Kamp Bob Eames (R) Mulroy John Kristoferson (R) Animal Shelter Advisory Committee Watts Myra Oliver (N) McNeill Jim Bryan (R) Community Development Advisory Cmte. Heggins Kamp Cathy Tedrick (R) Watts Lisa Melby (R) Mulroy Herbert Holl (R) Construction Advisory & Appeals Board Heggins Arlita Harris (N) Thomson Brian Bentley (R) Montgomery Mulroy Henry Rife (N) McNeill Dana Binnion (R) Economic Development Partnership Bd. Nominating Cmte. Euline Brock Jerry Mohelnitzky Stan Morton Denny Aldridge Historic Landmark Commission Heggins Donna Harris (R) Thomson Karen Divinney (N) Watts Emily Gibson (N) Montgomery David Wright (R) Mulroy Diana Hatch (R) All Steve Ambuehl (Watts) (R) Human Services Advisory Cmte. Heggins Vanessa Sims (N) Thomson Kami Fletcher (R) Montgomery David Wright (R) Mulroy Jodi-Vicars-Nance (R) McNeill Everette Newland (R) All Mari Metzgar (Kamp) (N) All Steve Pogue (Montgomery) (R) Library Board Heggins Anyah Martinez (N) Kamp Dorothy Adkins (R) Montgomery Teresa Starrett (R) Mulroy Sherri McDade (R) R-Re-nomination N-New Nomination BOARD AND COMMISSION NOMINATIONS Board Council Member Nomination Parks, Recreation & Beautification Board Heggins Montgomery Ross Richardson (R) Mulroy Jennifer Wages (N) McNeill Jo Kuhn (R) Planning and Zoning Commission Heggins Gloria Anderson (R) Kamp George Watkins (R) Watts James King (N) McNeill Walter Eagleton (R) Public Art Committee Montgomery Carol Phillips (R) Mulroy Cheryl Key (R) Public Utilities Board Heggins Kamp Bill Cheek (R) Montgomery Dick Smith (R) McNeill Bill Grubbs (N) Traffic Safety Commission Thomson Linda Brown (R) Watts Jason Davis (N) Montgomery Marion Scott (N) McNeill Charles Guarnacci (R) Zoning Board of Adjustment Heggins Thomson Mike Boswell (R) Watts Judy Willis (R) McNeill Phil Jordan(from Alternate) (R) All Millard Heath(McNeill) (R) All Reggie Hill (Kamp, McNeill) R- Reappointment N-New appointment AGENDA INFORMATION SHEET AGENDA DATE: July 24, 2007 DEPARTMENT: Utilities ACM: Howard Martin, 349-8232 SUBJECT Receive a report, hold a discussion and give staff direction regarding a slate of projects to be submitted for Comprehensive Development Agreement (CDA) funding associated with the tolling of State Highway 121. BACKGROUND In May 2004 the Texas Department of Transportation (TxDOT) identified State Highway (SH) 121 from the Tarrant County line east to U. S. Hwy. 75 in Collin County as the top project in Texas to consider for tolling. TxDOT envisioned that apublic-private partnership could be established for the right to construct, operate, maintain and generate a profit from the SH 121 project that could be beneficial for both the private and public sector. As part of the public- private partnership, an upfront concession payment would be provided by the private sector organization to fund much needed transportation infrastructure projects in the region. Additionally, excess toll revenue generated from the high volume of traffic on this roadway could provide additional transportation infrastructure revenue in the out years. Excess toll revenue was defined as annual toll revenue realized after annual debt service and after annual reserve funds have been set aside to cover facility operational costs, anticipated preventative maintenance activities, assigned profit and related expenses for the CDA, and the expected cost of rehabilitation or reconstruction of the facility. In May 2005 TxDOT began working to establish a CDA and process to fund SH 121. The terms and conditions of the CDA were in part reviewed and established by the North Central Texas Council of Governments' (NCTCOG's) Regional Transportation Council (RTC), and a deadline of November 2006 was set for private sector entities to submit proposals for the project to TxDOT. Three firms responded to the bid deadline, and a private Spanish firm named Cintra was notified in February 2007 that their proposal provided the highest revenue stream. Cintra's proposal included the provision of $2.1 billion in an upfront concession payment and $715 million in excess toll revenue over the life of a 50-year agreement for the rights to construct and operate SH 121. Through legislative efforts, the North Texas Tollway Authority (NTTA) was also permitted to submit a proposal for the project in March 2007. The May 2007 NTTA proposal included the provision of $2.5 billion in an upfront concession payment and $833 million over the life of a 50- year agreement for the rights to construct and operate SH 121. The Texas Transportation Commission tasked RTC to evaluate the NTTA proposal versus the Cintra proposal on the basis of the best financial value. On June 18, 2007 the RTC voted 27-10 to recommend that the Texas Transportation Commission approve the proposal from the NTTA. The Texas Transportation Commission tentatively ratified the recommendation; however, NCTCOG staff was given 60 days to complete the final negotiation of the CDA and an additional 45 days was provided for NTTA to secure financing for the concession payments. Should either of these deadlines not be met, the Texas Transportation Commission indicated that the project would be awarded to Cintra. NCTCOG staff is currently negotiating terms and conditions of the CDA as set forth by the Transportation Commission. At the July 12, 2007 RTC Meeting, Michael Morris, Director of Transportation, NCTCOG announced that of the approximately $2.4 billion available from the NTTA proposal, Denton County would be eligible for approximately $1.6 billion based on NCTCOG modeled 2015 vehicle miles of travel (refer to Exhibit 1 - "Update Regarding Construction/Finance of S.H. 121"). Out of this projected amount, approximately $655 million will be routed to the various "SIB" (State Infrastructure Bond) cities in accordance with the Memorandum of Understanding to offset upfront costs for the construction of near-term, near-neighbor transportation projects in southern Denton County, leaving a projected remaining balance of approximately $945 million. NCTCOG is requesting that local governments throughout the region submit project applications as part of a project call to gain access to the revenue. Other entities, such as the County, TxDOT and DCTA, are also vying for this money. There are efforts underway to fund IH35E all the way north to U.S. Highway 380 out of the $945 million at a cost of as much as $500 million. Recognizing that the extension of IH3 SE to the north is an important project and undertaking and assuming that these efforts are successful, a projected balance of approximately $445 million will remain to be shared among the various entities. Project applications are due at close of business on August 3, 2007 and final applications are being coordinated for submission by City of Denton staff and John Polster, Innovative Transportation Systems, Inc. Projects that are successfully funded through the CDA process will require a local match consisting of 20% of total project costs. There are a number of different project categories that are eligible for funding under this program including Roadway, Transit, Intersection Improvements, Bicycle/Pedestrian Improvements, Park-and-Ride, Intelligent Transportation Systems (ITS). Roadwa -Staff presented a slate of projects for CDA revenue funding to the Mobility Committee at their November 17, 2006 meeting. The projects recommended, in their order of priority, included Mayhill Road, Lakeview Boulevard, Bonnie Brae from IH35E south to U.S. Hwy. 377 and Metro/Corbin Road. The Mobility Committee supported this project listing and ranking order for staff's use in pursuing this funding. • Mayhill Road -This project has been discussed at length over the past three years, with project construction costs previously projected at as much as $25 million dollars for four lanes of construction on a primary arterial project, engineering was estimated at approximately $1.8 million and right-of way (ROW) costs were projected as high as $9 million dollars in a report generated by Teague Nall and Perkins for the City in February 2006. An updated preliminary opinion of probable construction cost (OPCC) for Mayhill Road is approximately $32.0 million dollars. Utility relocations are projected at approximately $500,000. Engineering, geotechnical investigations, modeling, permitting, etc. is projected at as much as $4.42 million dollars. ROW costs are projected at as high as 10.0 million dollars; therefore, the adjusted total project cost for Mayhill Road is approximately $46.92 million dollars. The 20% local match of this number is approximately $9.38 million dollars. • Lakeview Boulevard -This project was projected to cost approximately $19.6 million in the past, with $1.2 million for engineering, $15.5 million for construction and $2.9 million for ROW. The project included the construction of approximately four miles of a primary arterial extending from U.S. Hwy. 380 on the north all the way south to IH35E (a portion of the road was already constructed south of U.S. Hwy. 380 as an "estate section" in conjunction with a neighborhood development). The roadway will likely need to be routed around the existing neighborhood south of U.S. Hwy. 380 inasmuch as the adaption of a primary arterial to the existing geometry of the neighborhood's road system, not to mention lot layouts, is problematic. An updated preliminary OPCC for Lakeview Boulevard is approximately $30.0 million dollars. Engineering, geotechnical investigations, modeling, permitting, etc. is projected at as much as $3.9 million. ROW costs are projected at approximately $3.1 million dollars; therefore, the adjusted total project cost for Lakeview Boulevard is projected at approximately $37.0 million dollars. The 20% local match of this number is approximately $7.4 million dollars. • Bonnie Brae from IH35E south to U.S. Hwy. 377 -This section of Bonnie Brae is going to see a steady increase in use with the developments to the south as well as the planned University of North Texas (UNT) expansions. With the recently adopted amendments to the Mobility Plan, Bonnie Brae is one of the most significant north-south roadways in the city, ultimately tying U.S. Hwy. 377 on the south all the way north to Milam Road and potentially to the Outer Loop (NCTCOG Corridor shown on the Mobility Plan). A preliminary OPCC for this section of Bonnie Brae is approximately $40.0 million dollars. Engineering, geotechnical investigations, modeling, permitting, inspections, etc. is projected at as much as $5.2 million. Utility relocations are projected at as much as $1.0 million. ROW costs are projected to be as much as $1.2 million. Therefore, the adjusted total project cost for Bonnie Brae is projected at approximately $47.4 million dollars. The 20% local match of this number is approximately $9.48 million. • Metro/Corbtn Road -The City entered into an interlocal cooperative agreement (ICA) with Denton County for funding of this project, and preliminary design efforts are already underway. For this reason, this project is not proposed for consideration for application for this funding source. As an aside, Denton County contributed $2.4 million to this project out of funding previously set aside by then Commissioner Carter for Lakeview Boulevard. Bicycle/Pedestrian Improvements -The Rail/Trail Bridges project was submitted to NCTCOG in the spring of 2006 as part of the Statewide Transportation Enhancement Program (STEP) call for projects. The proposed project included two pedestrian bridges, 110 linear feet and 530 linear feet in length each, on the Denton Branch Rail Trail. The 110 foot bridge is intended to span Pecan Creek near Prairie Street, and the 530 foot bridge is intended to span Loop 288 enhancing safety for bicyclists and pedestrians. The two bridges will provide for a continuing route along the eight-mile Denton Branch Rail trail from downtown Denton to Corinth. The total projected cost for the Denton Branch Rail Trail Bridge project is projected to be approximately $1.3 million of which the City's 20% share would be $260,000. Engineering, studies, etc. costs are not included in these subtotals. Funding is available for the local match in the current CIP Bond Program for the Denton Branch Rail Trail. Intersections -Several proposed intersection projects have been identified by the Street Department, some of which were previously submitted (unsuccessfully) to NCTCOG for funding assistance. ~ Carroll Boulevard Corridor -This project is for signal and intersection improvements along Carroll Boulevard and the cross streets of Crescent, Parkway and Mulberry. The project is intended to replace antiquated equipment, ultimately enhancing mobility and air quality through coordinated signal timing along the Carroll Boulevard corridor. Additionally the project will improve safety as it will replace utility poles currently located in the median. Total project costs are projected to be approximately $1.3 million of which the City's 20% share would be $260,000. The source of the local match money has not been identified at this time. • Intersections at McKinney and Bell and Wood -The proposed project will replace antiquated equipment, thereby enhancing mobility and air quality through coordinated signal timing on McKinney. The intersection at Bell has underground conduit failures, inadequate conduit sizes for conductors and no pedestrian phasing. The age of this traffic signal is 24 years old. The intersection at Wood is a span wire installation suspended off Denton Municipal Electric (DME) power poles. The age of this installation is 15 years old. A permanent metal, mast arm type traffic signal installation is needed. Total project cost for both sites is projected at approximately $550,000 of which the City's 20% share would be $110,000. Engineering, studies, etc. costs are not included in these subtotals. The source of the local match money has not been identified at this time. • Bell/Dallas and Eagle -Due to current traffic loads at this intersection, geometric, signal and drainage modifications need to be addressed to mitigate safety and congestion concerns. Roadway widening and improved turn lanes are contemplated as part of the intersection improvement project. NCTCOG has identified this intersection as a "critical need." Total project costs are projected to be approximately $400,000 of which the city's 20% share would be approximately $80,000. Engineering, studies, etc. costs are not included in these subtotals. The source of the local match money has not been identified at this time. • Mingo and Mockingbird -Traffic volumes and the current road configuration (two- legged off setting intersection) warrant the implementation of a roundabout to enhance safety and traffic flow at this intersection. Total project costs are projected to be approximately $300,000 of which the City's 20% share would be approximately $60,000. Engineering, studies, etc. costs are not included in these subtotals. The source of the local match money has not been identified at this time. Intelligent Transportation Systems (ITS) • Advanced Transportation Management System (ATMS) - An ATMS is typically implemented to better manage traffic flow and reduce congestion by providing real-time traffic information to improve motorist decisions and disseminate roadway conditions. The concept includes such technology as video, radar, message boards and closed circuit television cameras (CCTV) to enhance traffic flow. The system is usually monitored and controlled by a central monitoring facility. Current proj ect estimate for the installation of CCTV cameras at 64 key intersections is projected to be as much as approximately $2.0 million of which the City's 20% share would be approximately $400,000. Engineering, studies, etc. costs are not included in these subtotals. The source of the local match money has not been identified at this time. • Fiber Optic Trunk Lines -Installation of fiber optic communication lines along major corridors in the City of Denton is the first step in connecting transportation systems to a central monitoring location. The implementation of such a proj ect would include the installation of approximately 43.3 miles of fiber at projected total cost of approximately $ l . l million of which the City's 20% share would be approximately $220,000. Engineering, studies, etc. costs are not included in these subtotals. The source of the local match money has not been identified at this time. The purpose of this presentation/backup is to provide City Council with a listing of the slate of projects that staff would like to present to NCTCOG for consideration for receipt of funding from CDA revenues and to provide a perspective on the possible relative project costs and corresponding local match percentages that could be seen. Several items of note include: • The construction and ROW costs listed herein will be provided to ITS (Innovative Transportation Solutions) staff to include in the applications to NCTCOG. ITS staff will project fees and other costs which may well differ from those listed in this backup. • A decision on which projects will actually receive funding from the CDA revenue is not expected until February 2008. Local match monies will not be known and, correspondingly, do not need to be appropriated before such time. • The local match money that will ultimately be required for the various projects may be able to be drawn from various sources, such as TxDOT, the County, the University of North Texas (in the case of Bonnie Brae), in addition to the City of Denton. The impact to the City by the local match monies projected herein will in all likelihood be lower. nPTTnN~ 1. Approve the listed slate of projects for application for funding through CDA revenues. 2. Provide alternative projects, direction to staff relative to the CDA revenue funding process. RECOMMENDATION Staff recommends that Council authorize staff to continue forward with the application to NCTCOG for receipt of funding from CDA revenues for the listed projects. PRIOR ACTION/REVIEW (Council, Boards, Commissions) November 16, 2006 Mobility Committee presentation. BID INFORMATION Not applicable. EXHIBITS 1. Update Regarding Construction/Finance of S.H. 121. Respectfully submitted, ~~ - Jim Coulter Director Water Wastewater Utilities Prepared by . .{ Frank G. Payne, P.E. City Engineer Revised 7/2004 Ha~~~~t ~~ly ~z, zaa7 z Q W W I-- Q D a T N T ^ ^ W V Z Q Z Z O a '1 ^ V Z O V .~ C O U C O ca L 0 N c c~ H C O .~ ti O O N n N T >+ a~ a~ 'i t U c ~L L Q ~, a~ v N C N C i O (~ ~- O U C 3 O U is x a~ F- L ~1~+ U t +. i 0 Z H m 2 X w {~ ~"' V W O oC a J J 0 H T N T ^ L,L W J a ^ ~ ~^^+ ^~ W i. ~ .. V/ o ~~- _~ ~~ _~ ~ c~ ~~ ~ ~ c~ .~ ~~ "~' L r. 0~ ~~ L y v ,~,+ '..' V o c~ > .~ ~ ~ c~ 00 L o' ~o ~~ ~ ~ ~-~ .~ ~~ ~- ~, "= L ~~ ~_~ ,~ ~~ c~ ~ ~ .t~ ~~ ~ o c~ ~. ~ ~. ~ c~ ~ ~ ._ L ~~ ~~ a~ ~' L '~'~'~ ~ ~ ... 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CO 07 V 0 ~ ~ ' ~ ~ ~ n rrAA V+ '~ r~ V/ 0 0 ti N ~ N ,~ N o .~ o ~ ~' o ~ ~ ~ ~+ ~ ~ ~ a '~n v ~ ~ ~ ~ *~ 0 0 0 ~ yr ~ w \ J ~ ~ r~ ~rrrr •~ ~ ,~, ~ ~ _ _ _ s. ,~ ~, ,., ~ ~_ ._ ._ y ~, .~ ~ ~ 0 5 ~ ~ o ,~ `~~ 0V 0 0v ~~~t d~ ~ 0 ~ r ~ ~ ~ N N ~ ~ ~ ~? CU Q1 m ~ N Q ~~. D r• ~ c~ ~ L N ~ _ L • '~ _ ~ 4~ 0 ~ 0 z ~ ~ • o ~~~ ~ ~ ~ ~- 0 ~ ~ ~ ~ ~ _ ~ ~ pOQ 0 ~ ~~ ~ tU~, --- Q° ~ ~ 0 0 0 0 ~ •- .- ~, ~nc~o o ~ ~ o 0 00 o a ~~ ~ o© • • ~ ~? C'~ O ~ tJ o o (~ a~ N ot~~ ~ ~o ~ ooM° ~ o ~ ti ~~ o ,~o ~~ ° o000 00 ~ ~? _- L~ r C3~ r L~ ltd _ c~ '~' N ~ + N r r R ~ ~ ~ ~ ~ ~ ~~ {f} N r N N ~ ~ '~ ~- N ~ 00 ~~ ~~ t0 ,~ U ~z ~ ~ ~~ r CV C'~ d' ,~ o Q S2. i~. ~. ~ `~ ~ ~ a~ Cl~ N Cn t!1 ~ .~ _ ~ .~ o_m ~ z ,- N ^ ^ ~. ~ o ~ Z ~ O o H ~ ~ ~ W ~ ~ , ~ ~ o U .i N y No ~ O ~ ~ ~ '7 ~ y ~ rn +, V ~ ~i ~ 00 U ~.~ L_~ ~ O M 00 V O ~ ~ ~ h ~ T N .^ V AGENDA INFORMATION SHEET AGENDA DATE: July 24, 2007 DEPARTMENT: City Manager's Office CM/DCM/ACM: George C. Campbell, City Manager CTTR.TF,rT~ Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Interfaith Ministries for the provision of assistance to low-income families; providing for the expenditure of funds therefor; and providing for an effective date. BACKGROUND: This agreement allows for the total expenditure of $250 from Council Member Thomson's Contingency Fund allocation. Key provisions of the agreement include: ^ Funds may be used by Interfaith Ministries to assist economically disadvantaged students by providing them with clothing and school supplies. ^ In addition to other reporting requirements, documentation in the form of cancelled checks and/or corresponding receipts specifically detailing expenditure of funds for the purpose provided is required for reimbursement from these designated funds. FISCAL INFORMATION Funding for the contract will come from appropriate Council Contingency Fund accounts. Respectfully submitted: s~- + •} ~, _ r • - -i! I - r. ~ 3r_- 4 ~ George C. Campbell City Manager Prepared by: Linda Holley Executive Assistant s;lour documentslordi~ancesl~7linterfaith ministries 207-~8 no-2.doc ~RD~NANE ~~. AN ~RDINANE ~F THE ~~TY ~F DENTIN ATH~RT~~~ AN ACREEIVIENT BETWEEN THE CITY ~F DENTIN, TEA AND ~TERFA~TH ~TR~E FAR THE PR~VIIN ~F AITANE T~ L0-IN~ME FAN~~LIE; PR~VIDINC~ FAR THE EENDIT~ ~~' FUND; AND PR~VII~IN~ FAR AN EFFETNE DATE. ~REA~ ~nterfalth 14~1n1stnes, a Texas non-profit corporation, the "organization"} provides assistance with clothing and school supplies to econorrrically disa.d~antaed students in the City ofDenton; and ~EREA, the organization and the pity of Dentan desire to enter into an agreement to provide for the continuance ofthis assistance, which agreerrient is substantially in a same farm as the agreement attached hereto and made a part hereof ~~ reference the "Agreement"}; and HER.EA, the pity council ofthe pity ofDenton hereby finds that the Agreement between the City and the organization att~.ched hereto and made a part hereofby reference serve ~. municipal and public purpose and the Agreement is in the public interest; NOS, THEREFORE, THE o~JNIL ~F THE CITY ~F DEN'TON HEREBY ~RDA~N ETI~N ~ . The findings set Earth in the preamble of this ordinance are incorporated b~ reference Into the body ofthis ordinance as if fu11y set forth herein. ETIoN 2. The pity ~Vlanager, or his designee, is hereby authorized to execute the Agreement and to carry out the duties and responsibilities ofthe pity under the Agreement, including the expenditure of funds a.s provided in the Agreement. ETIoN 3. This ordinance sha11 become effective i~nediatel~ upon its passage and approval. PAS QED AND APPR~ED this the day of , 247. PERRY R. ~VIcNEILL, I1~AYOR 1 i~~ i ~~ a PPR~VED A TO LEGAL ~~R: ~~ ~~~ Page Z O:1Contingency FundslCity Council1FY2006-071JacklInterfaith Ministries -Apple Tree ProjectlInterfaith Ministries Agreement.doc SERVICE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND INTERFAITH MINISTRIES This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Municipal Corporation, hereinafter referred to as "City", and InterFaith Ministries, a Texas Non-Profit Corporation, hereinafter referred to as "InterFaith Ministries": WHEREAS, City has determined that the proposal for services merits assistance and can provide needed services to citizens of City and has provided funds in its budget for the purpose of paying for contractual services; and WHEREAS, this Agreement serves a valid municipal and public purpose and is in the public interest; NOW, THEREFORE, the parties hereto mutually agree as follows: I. SCOPE OF SERVICES InterFaith Ministries shall in a satisfactory and proper manner perform the following tasks, for which the monies provided by City may be used: The funds being provided shall be used by InterFaith Ministries to assist economically disadvantaged students by providing them with clothing and school supplies. II.OBLIGATIONS OF INTERFAITH MINISTRIES In consideration of the receipt of funds from City, InterFaith Ministries agrees to the following terms and conditions: A. Two Hundred Fifty Dollars and no/loo ($250.00) shall be paid to InterFaith Ministries by City to be utilized for the purposes set forth in Article I. B. InterFaith Ministries will maintain adequate records to establish that the City funds are used for the purposes authorized by this Agreement. C. InterFaith Ministries will permit authorized officials of City to review its books at any time. D. Upon request, InterFaith Ministries will provide to City its By Laws and any of its rules and regulations that may be relevant to this Agreement. E. InterFaith Ministries will not enter into any contracts that would encumber City funds for a period that would extend beyond the term of this Agreement. F. InterFaith Ministries will appoint a representative who will be available to meet with City officials when requested. G. InterFaith Ministries will submit to City copies ofyear-end audited financial statements. III. TIME OF PERFORMANCE The services funded by City shall be undertaken and completed by Organization within the following time frame: The term of this Agreement shall commence on the effective date and terminate September 30, 2007, unless the contract is sooner terminated under Section VII "Suspension or Termination". IV. PAYMENTS A. PAYMENTS TO INTERFAITH MINISTRIES. City shall pay to InterFaith Ministries the sum specified in Article II after the effective date of this Agreement. B. EXCESS PAYMENT. InterFaith Ministries shall refund to City within ten (10) working days of City's request, any sum of money which has been paid by City and which City at any time thereafter determines: 1) has resulted in overpayment to InterFaith Ministries; or 2) has not been spent strictly in accordance with the terms of this Agreement; or 3) is not supported by adequate documentation to fully justify the expenditure. V. EVALUATION InterFaith Ministries agrees to participate in an implementation and maintenance system whereby the services can be continuously monitored. InterFaith Ministries agrees to make available its financial records for review by City at City's discretion. In addition, InterFaith Ministries agrees to provide City the following data and reports, or copies thereof: A. All external or internal audits. InterFaith Ministries shall submit a copy of the annual independent audit to City within ten (10) days of receipt. B. All external or internal evaluation reports. C. An explanation of any major changes in program services. D. To comply with this section, InterFaith Ministries agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of funds received and the services performed under this Agreement. The record system of InterFaith Ministries shall contain Page 2 of 7 sufficient documentation to provide in detail full support and justification for each expenditure. InterFaith Ministries agrees to retain all books, records, documents, reports, and written accounting procedures pertaining to the services provided and expenditure of funds under this Agreement for five years. E. Nothing in the above subsections shall be construed to relieve InterFaith Ministries of responsibility for retaining accurate and current records that clearly reflect the level and benefit of services provided under this Agreement. VI. DIRECTORS' MEETINGS During the term of this Agreement, InterFaith Ministries shall deliver to City copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof wherein this program is a part of the subject matter of the meeting. Such notice shall be delivered to City in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. InterFaith Ministries understands and agrees that City's representatives shall be afforded access to all meetings of its Board of Directors. Minutes of all meetings of InterFaith Ministries' governing body shall be available to City within ten (l o) working days of approval. VII. TERMINATION The City may terminate this Agreement for cause if InterFaith Ministries violates any covenants, agreements, or guarantees of this Agreement, the InterFaith Ministries's insolvency or filing of bankruptcy, dissolution, or receivership, or the InterFaith Ministries' violation of any law or regulation to which it is bound under the terms of this Agreement. The City may terminate this Agreement for other reasons not specifically enumerated in this paragraph. VIII. EQUAL OPPORTUNITY AND COMPLIANCE WITH LAWS A. InterFaith Ministries shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. B. InterFaith Ministries will furnish all information and reports requested by City, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, State and Federal rules and regulations. C. In the event of non-compliance by InterFaith Ministries with the non-discrimination requirements, the Agreement may be canceled, terminated, or suspended in whole or in part, and InterFaith Ministries maybe barred from further contracts with City. Page 3 of 7 IX. WARRANTIES InterFaith Ministries represents and warrants that: A. All information, reports and data heretofore or hereafter requested by City and furnished to City, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to City. B. Any supporting financial statements heretofore requested by City and furnished to city, are complete, accurate and fairly reflect the financial conditions of InterFaith Ministries on the date shown on said report, and the results of the operation for the period covered by the report, and that since said data, there has been no material change, adverse or otherwise, in the financial condition of InterFaith Ministries. C. No litigation or legal proceedings are presently pending or threatened against InterFaith Ministries. D. None of the provisions herein contravenes or is in conflict with the authority under which InterFaith Ministries is doing business or with the provisions of any existing indenture or agreement of InterFaith Ministries. E. InterFaith Ministries has the power to enter into this Agreement and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Agreement. F. None of the assets of InterFaith Ministries are subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements furnished by InterFaith Ministries to City. Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for payment. X. CHANGES AND AMENDMENTS A. Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of this Agreement expressly provide that another method shall be used. B. It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such modifications are to be automatically incorporated into this Agreement without written amendment hereto, and shall become a part of the Agreement on the effective date specified by the law or regu anon. Page 4 of 7 C. InterFaith Ministries shall notify City of any changes in personnel or governing board composition. XI. INDEMNIFICATION To the extent authorized by law, the InterFaith Ministries agrees to indemnify, hold harmless, and defend the CITY, its officers, agents, and employees from and against any and all claims or suits for injuries, damage, loss, or liability of whatever kind or character, arising out of or in connection with the performance by the InterFaith Ministries or those services contemplated by this Agreement, including all such claims or causes of action based upon common, constitutional or statutory law, or based, in whole or in part, upon allegations of negligent or intentional acts of InterFaith Ministries, its officers, employees, agents, subcontractors, licensees and invitees. XII. CONFLICT OF INTEREST A. InterFaith Ministries covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. InterFaith Ministries further covenants that in the performance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body. B. InterFaith Ministries further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use his/her position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself/herself, or others; particularly those with which he/she has family, business, or other ties. C. No officer, member, or employee of City and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall participate in any decision relating to the Agreement which affects his personal interest or the interest in any corporation, partnership, or association in which he has direct or indirect interest. XIII. NOTICE Any notice or other written instrument required or permitted to be delivered under the terms of this Agreement shall be deemed to have been delivered, whether actually received or not, when deposited in the United States mail, postage prepaid, registered or certified, return receipt requested, or via hand-delivery or facsimile, addressed to InterFaith Ministries or City, as the case maybe, at the following addresses: Page 5 of 7 CITY City of Denton, Texas Attn: City Manager 215 E. McKinney Denton, TX 76201 Fax No. 940.349.8591 INTERFAITH MINISTRIES Condell Garden, Executive Director InterFaith Ministries 109 W. Sycamore Denton, TX 76202 Fax No. 940. Either party may change its mailing address by sending notice of change of address to the other at the above address by certified mail, return receipt requested. XIV. MISCELLANEOUS A. InterFaith Ministries shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any claim arising thereunder to any party or parties, bank, trust company or other financial institution without the prior written approval of City. B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform to the original intent of both parties hereto. C. In no event shall any payment to InterFaith Ministries hereunder, or any other actor failure of City to insist in any one or more instances upon the terms and conditions of this Agreement constitute or be construed in any way to be a waiver by City of any breach of covenant or default which may then or subsequently be committed by InterFaith Ministries. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to City to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved. No representative or agent of City may waive the effect of this provision. D. This Agreement, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understanding, or other commitment occurring during the term of this Agreement, or subsequent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Agreement. E. This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any litigation concerning this Agreement shall be in a court of competent jurisdiction sitting in Denton County, Texas. Page 6 of 7 IN "ITN~ESS ~V~HEREOF, the artie dv hereby a~x their signatures and enter into this Agreement as a~` the ~ day of , 2007. PERRY R. eNEIL~, MAYOR ATTEST: JENNIFER ASTERS, CYTY SECRETARY BY: APPROVED AS TO LEOA~ FO F EDP M, NYDE~, CITY TORNEY BY: INTERFAITH n~1~STRiES BY: CONDELI~ GARDEN EEC~'TE DIRECTOR ATTEST: BY. BOARD SECRETARY Page 7 of 7 AGENDA INFORMATION SHEET AGENDA DATE: July 24, 2007 DEPARTMENT: City Manager's Office CM/DCM/ACM: George C. Campbell, City Manager ~TIR.TF,CT~ Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Denton Community Theatre regarding travel expenses associated with the "AACTFEST 2007", an International Theater to be held in Heidelberg, Germany for the showcase production of "Crowns", being an African American Musical Production; providing that this program serves a municipal and public purpose of promoting the arts and tourism within Denton ;providing for the expenditure of funds therefor; and providing for an effective date. BACKGROUND: This agreement allows for the total expenditure of $1,539: $250 from Mayor McNeill, $250 from Mayor Pro Tem Kamp, $250 from Deputy Mayor Pro Tem Mulroy, $250 from Council Member Heggins, $250 from Council Member Thomson, $150 from Council Member Watts and $139 from Council Member Montgomery Contingency Fund allocations. Key provisions of the agreement me u e Funds may be used by Denton Community Theatre to help pay travel expenses to promote the African American musical, "Crowns" at the "AACTFest 2007" to be held in Heidelberg, Germany in October 2007. ^ In addition to other reporting requirements, documentation in the form of cancelled checks and/or corresponding receipts specifically detailing expenditure of funds for the purpose provided is required for reimbursement from these designated funds. FISCAL INFORMATION Funding for the contract will come from appropriate Council Contingency Fund accounts. Respectfully submitted: ~~ ~ ~ ti- _ .~ r. ~. . George C. Campbell City Manager Prepared by: Linda Holley Executive Assistant s:l0ur ~locume~nts~Drd~nar~cesl~?1DCT ordinance 247-~a-2.dac ORDINANCE NO. AN ORDINANCE OF THE CFI"Y OF DENTON A~TTHOR~IN AN ARF~EMENT BET~EN THE CITY OF DENTON, TEA AND DENTON COMMUNITY THEATRE REC~ARDIl~~ TRAVEII E~PENE~ AOCIATED WITH THE "AACTFET ~04~", AN rNTERNATIONAL THEATER FETI~A~ TD BE HEAD Il~ HEIDELBERx, GERMANY FOR THE HOCAE PRODUCTION' OF "CROONS", BEING AN AFRICAN AMERICAN MUSICAL PRODI~CTION; PRO~IDIl~C~ THAT THIS PRDRA ERE A M~TNICIPAL ANI) PUBEIC PURPOSE OF PROOTIl~ TH ARTS AND TOURISM ~ITHn~ DENTON; PROVIDING FOR THE E~.'ENDITURE OF FUNDS; AND PRO~IDINC~ FOR AN EFFECTIVE DATE. WHEREAS, the Denton Conyunity Theatre, ~ Texas non-profit cvrparation, the "Organization"~ 1 dedicated to the promotlan and prov~slan of art~stlc performances ofall kinds for the benefit of the citizens of Denton; the "Program"}; and WHEREAS, the Organization and the City of Denton desire to enter into an agreement to provide far the continuance ofthe Pragra., v~hieh agreement is substantiallyin the sane forth as the agreement attached hereto and made a part hereof by reference the "Agreement"}; and '~UHEREAS, the C1ty Council afthe 1ty ofDenton hereby finds that the Agreement between the City and the O~ganizaticn attached hereto and trade a part hereafby reference serve ~ rrtunicipal and public purpose and the Agreement is in the public interest as it promotes the arts and taurisrn within the City of Denton; NOS, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAIl~S: SECTION 1. The findings set forth in the preamble of this ordinance are incorporated by reference into the body of this ordinance as if fal~y set forth herein. SECTION ~. The Cxty Manager, or his designee, is hereby authorized to execute the Agreement and to carry out the duties and responsibilities of the City ur~.der the Public Service Agreement, including the expenditure of funds; as provided in the Public Areetncnt. SECTION . This ordinance shall become effective irnmeditely apart its passage and approval. PASSED AND APPROVED this the day of , Za07. PERRY R. eN~EILL, MAYOR ~TT~T: J~NN~ER A~T~S, QTY SECTARY ~~: APPR~EI~ A T~ LEGAL FOB. ~~ . SN-Y~DER CITY ATTORNEY BY: Pale ~ C:1DOCll~IE~1IL~IHaLLEY1LOCA.~,S~11Templ~Pgrpwise~Der~to~ C~m~unity Theme ~~47 N~~Z.~oc ERV~E AREEENT BETWEEN THE QTY OF DENTIN, TEA ANA] ~]ENT~N ~UN~TY THEATRE This Agreement is hereby entered into by and between the C~ afDentan, Texas, a Hoare Rule Municipal Corporation, hereinafter referred to as "City", and Denton Community Theatre, a Texas Nan-Profit Corporation, hereinafter referred to as "Denton Community Theatre": wHEREA, City has determined that the proposal far ser~1ce merits assistance and can provide needed services to citizens of City and has provided flurds in its budget far the purpose of paling for contractual services; and wHEREA, thrs Agr'eelTrent serves valid nrulrlClpa~ and public purpose} lncluding the pron~atian of the arts and tourism within the City of Denton; NDw, THEREFGRE, the parties hereto mutually agree as follows: ~, COPE GF SERVICES Denton Conununity Theatre shall in a satisfactory and proper manner perform the following tasl~s, for whrch the ~rranres pravrded by City may be used: The funds being provided shall be used by Denton Community Theatre to help pay travel expenses to pron~ate the African American musical, "Crowns" at the "AACTFest ~D~7" to be held in Heidelberg, Germany in October, 2007, H. GDI~IGATIGNS GF DENTGN C~I~N~T THEATRE In consideration of the receipt of funds from City, Denton Cornrnunity Theatre agrees to the following terms and conditions. A, Gne Thousand Five Hundred Thirty Nine Dollars and nol l 00 ~ 1, ~ 9.00} shall be paid to Denton Corrrrnunity Theatre by City to be utilized for the purposes set Earth in Article ~. ~. Denton Canrunity Theatre will maintain adequate records to establish that the City funds are used for the purposes authorized by this Agreement. C. Denton Conrnrunity Theatre will permit authorized officials of City to review its boobs at any trn~e. D. Hpon request, Denton Community Theatre will pravrde to City its By Laws and any of its rules and regulations that maybe relevant to this Agreement. Denton Coxrrunity Theatre w111 not enter into any contracts that would encumber C1ty funds far a period that would extend beyond the term of this Agreement. F, Denton Comrriunity Theatre ~it~ appoint a representative v~ho mill be available to meet with pity officials hen requested, r, Denton orrimunity Theatre will submit to pity copies of yearend aud1ted financial stat~I~l~n~, II~~ TIME ~F PERFORA~~E The services funded by pity shall be undertaken and completed by Drani~atian within the folloin time frame: The term ofthis Areernent shall carrin~ence on the effective date and tern~inateNove~nber 3a, ~OD7, unless the contract is sooner terminated under ectian vI~ "suspension or Termination". Iv. PAY~ENT A. PAYNfENTS To DENTON ~N~l4~UN~TY T~~ATRE, pity shall pay to Denton Camrrrunity Theatre the surr~ specified in Article lI after the effective date of this Areernent~ ~, E~ESS PA~'MENT. I]enton Can~n~unity Theatre shall refund to pity within ten {1 a} marking days ofity's request, any sum ofmaney which has been paid by pity and ~rhich pity at any tune thereafter determines: 1 } has resulted in overpayment to Denton ~an~rnunity Theatre; or 2.} has not been spent strictly 1n accordance v~rth the terms of thrs Agreement; or ~ } is not supported by adequate docun7entation to fully ~ ustify the expenditure. ~. EALUATI~N Denton community Theatre agrees to participate in an i~nplerraenttian and rraaintenance system whereby the services can be continuously n~anitored. Denton anamunity Theatre agrees to make available Its financial records for revle~ ~~ lty at 1ty's discret~on~ In addltlon, Denton a~nnaunity Theatre agrees to provide City the following data and reports, or copies thereof: A. Ail external ar internal audits. Denton community Theatre shall submit a copy of the annual independent audit to pity v~ithin ten ~10~ days ofreceipt. B. All external ar internal evaluation reports. An explanation ofany mayor changes in program servicesi ~, Ta can~ply ltl] this section, Denton o~xln~unlty Theatre agrees to maintain records that v~ill provide accurate, current, separate, and complete disclosure of the status offends received and Pageof~' the services performed under this Agreen~ent~ The record system of Denton Con~n~unity Theatre shall contain sufficient documentation to provide in detail full support and justification far each expenditure. Denton Community Theatre agrees to retain all books, records, dacun~ents, reports, and written accounting procedures pertaining to the services provided and expenditure of funds under this .Agreement for five years. E. l~othing in the above subsections sha11 be construed to relieve Denton Community Theatre afresponsibility far retaining accurate and current records that clearly reflect the level and benefit of services provided under this Areerr~ent. VI, DIRECT~~S' MEETI~C~S During the term of this Agreement, Denton Community Theatre shall deliver to C1 copses of all notices afn~eetings ofits Board ofDirectors,setting forth the time and place thereofwherein this program is a part of the subject matter of the n~eeting~ Such notice shall be delivered to City in a tirr~ely manner to give adequate notice, and shall include an agenda and a brief description of the rr~atters to be discussed. Denton Conarnunity Theatre understands and agrees that City's representatives shall he afforded access to ail meetings of its Board of Directors. Minutes of all meetings of Denton Community Theatre' governing body shall be available to City within ten ~l a} working days of approval VII. TBRMI~ATI~N The City rr~ay terminate this Agreement far cause if Denton Community Theatre violates any covenants, agreements, or guarantees of this Agreement, the Denton Community Theatre "s insolvency or filing of bankruptcy, dissolution, or receivership, or the Denton Camn~unity Theatre' violation of any law or regulation to which it is bound under the terns ofthis Agreement The City may terminate this Agreement for other reasons not specif tally enumerated in this paragraph VIII. E UAL OPPORTUNITY AND COMPLIANCE WITH LAWS A. Denton Community Theatre shall can~ply with all applicable equal erriployent opportunity and affirmative action laws or regulations. B. Denton Can~munity Theatre will furr11sh alllnforrr~atlan and reports requested by C1ty, and will permit access to its boars, retards, and accounts far purposes of investigation to ascertain compliance with local, State and ~`ederal rules and regulations. ~. In the event of non-compliance by Denton Community Theatre with the non-discrimination requirements, the Agreement may be canceled, terminated, or suspended in whale ar in part, and Denton Community Theatre maybe barred from. further contracts with City. Page 3 of 7 ~. YY ~~.1~.~~ i l~-J Denton amunity Theatre represents and waxrants that; ~. All information, reports and data heretofore or hereafter requested by pity and furnished to pity, are complete and accurate as ofthe date shown an the information, data, or report, and, since that date, have not undergone any significant change without written notice to pity. B, Any supporting financial staterrrents heretofore requested ~y pity and furnished to pity, are corrxplete, accurate and fairly reflect the financial conditions afDenton community Theatre on the date shown on said report, and the results afthe operation for the period covered by the report, and that since said data, there has been no material change, adverse or otherwise, in the financial candrtlan of Dentan Carrirnun~ty Theatre. . No litigation ar legal proceedings are presently pending or threatened against Dentan ammunity Theatre. ~. None of the provisions herein contravenes or ~s in conflict with the authority under which Dentan ~orn~nunity Theatre is doing business or with the provisions ofany existing indenture ar agreement of Denton omrnunity Theatre. Denton omn~unity Theatre has the power to enter into this Agreement and accept payments hereunder, and has taken all necessary action to authorise such acceptance under the terms and conditions of this Agreement. ~" ~ None of the assets of Denton ~omn~unity Theatre axe subs ect to any lien ar encumbrance of any character, except far current taxes not delinquent, except as shown in the financial statements furnished by Denton on~munity Theatre to ~ty~ each of these representations and warranties shall be continuing and shall be deemed to Dave been repeated by the subrr~ission of each request for payment. X. ~I~AN~ES AND AMENDMENTS A, Any alterations, addltlons, or deletions to the terms of this Agreement shall be by written amendment executed by bath parties, except when the terrn.s of this Agreerrient expressly provide that another method shall be used. ~. It is understood and agreed by the parties hereto that changes in the State, p`ederal or local laws ar regulations pursuant hereto may occur during the term of this Agreement. Any such modifications are to be automatically incorporated into this Agreement without written amendment hereto, and shall becorr~e a part of the Agreement an the effective date specified by the law or regulation. Page 4 of7 . Denton ammunity Theatre sha11 notify City ~ any changes in personnel or gOVerning board cOlnposltlall. I. IND~NIFIATID~ To the extent authorized by law, the Denton ~omn~unity Theatre agrees to indemnify, hold harmless, and defend the YTS, its officers, agents, and employees from and against any and all clairr~s ar suits for injuries, damage, loss, or 1labil~ty of whatever kind or character, arising out of or in connection with the performance by the Denton community Theatre ar those services contenr~plated by this Agreement, including all such olairns or causes of action based upon camman, constitutional or statutory law, or based,ln whole or ~n part, upon allegations ofnegligent or intentional acts of Denton o~nunlty Theatre, its officers, employees, agents, subcontractors, licensees and invitees. III, DFLI~T OF fNT~R~T A, Denton an~n~unity Theatre covenants that neither it nor any member of its governing body presently has any interest, direct ar indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Denton om.n~unity Theatre further covenants that in the performance afthis Agreement, no person having such interest shall be employed ar appointed as a member of its governing body. B, Denton community Theatre fur#~ier covenants that no member afits governing body ar its staff} subcontractors or employees sha11 possess any interest in or use hislher position for a purpose that i ar gives the appearance of being motivated by desire for private gain far himselflherself, or others; particularly those with which he~she has family, business, or other ties. ~, Na officer, member, ar employee of pity and no member of its governing body who exercises any function ar responsibilities in the review ar approval ofthe undertaking or carrying out of this Agreement sha11 participate in any decision relating to the Agreement which affects his personal interest ar the interest in any corporation, partnership, ar association in which he has direct or indirect interest. VIII. N~TI~ Any notice or other written instrument required or permitted to be delivered under the terms of this Agreement shall be deemed to have been delivered, whether actually received ar not, ~rhen deposited in the United states mail, postage prepaid, registered Qr certified, return receipt requested, or via hand-delivery or facsimile, addressed to Denton Community Theatre or pity, as the case may be, at the fallowing addresses: Page 5 ofd" CITY pity of Denton, Texas Attn: pity 1Vlanager ~ J ~. ~CI~111I]ey Denton, T 7~2~ 1 fax No~ 94a,349~89~ D~NT~N ~11~11~UN1T~ THEATRE Philip Crallivan, President Denton community Theatre ~ l ~ . Hickory Denton, T 7'~~~ 1 Pax No. 94a ~ 891 ~ 1 ~~ 1 ~tther part~r nay change its mailing address by sending notice ofchange ofaddress to the other at the above address by certified nail, return receipt requested, lV. 11~IEI~I~ANE~U A. Denton o~nunity Theatre shall not transfer, pledge or otherwise assign this Agreement or any interest there1n, or any claim arising thereunder to any party or parties, bank, trust company or other financial institution without the prior written approval of pity. . lfany provision afthis Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform to the original intent of both parties hereto, . In no event sha11 any payment to Denton onunity Theatre hereunder, ar any other act or failure of pity to insist in any one or more instances upon the tuns and conditions of this Agreement constitute or be construed in any way to be a waiver by pity ofany breach ofcavenant or default which may then or subsequently be committed by Denton community Theatre. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, ar remedy available to ity to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved. No representative or agent of pity may waive the effect of this . . prav~sion, ~. This Agreement, together with referenced exhibits and attachments, constitutes the entire agreerrxent between the parties hereto, aril any prior agreement, assertion, statement, understanding, or other corrin~itent occurring during the term of this Agreement, or subsequent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Agreement. E, This Agreement shall be interpreted In accordance with the laws of the Mate of Texas and venue ofany l~tiatian concerning this Agreement sha11 be in a court ofcon~petent jurisdiction sitting in Denton bounty, Texas. Page~of7 IN ITNES V~I~ERE~F, the parties do hereby af~i~ their signatures and enter into this Agreerrient as of the ~ day of , ~~~?. PERRY . NIcNEY~L, MAYOR ATTEST, JENNIFER SALTERS, CITY ERETARY BY. AP~RO~E~ A T~ ~E ~~. EDEN NI. SNYDER, ~i '~ ATTORNEY ~'; ~ENT~N OMMUN~TY THEATRE d ~, f LIP A SAN, PRESI ENT ATTEST: BY'. SECRETARY Page 7 ofd AGENDA INFORMATION SHEET AGENDA DATE: July 24, 2007 DEPARTMENT: Utilities ACM: Howard Martin, 349-8232 ~TIR.TF,CT Consider adoption of an ordinance of the City of Denton authorizing the abandonment of a 0.88 acre public utility easement tract recorded in Volume 5322, Page 1096, of the Real Property Records of Denton County, Texas, the abandonment of a 0.183 acre public drainage easement recorded in Volume 5322, Page 1107, of the Real Property Records of Denton County, Texas and the abandonment of a 1.077 acre public drainage easement recorded in Volume 5322, Page 1112 of the Real Property Records of Denton County, Texas situated in the D. Hough Survey, Abstract No. 646. BACKGROUND Quail Creek South L.P. is the owner of an approximate 16.364 acre tract of land, currently under construction as Providence Place II, illustrated in the attached Location Map. The development project application was administered through the Development Review process and their final plat was approved by P&Z in April 2006. The abandonment request was taken to the Public Utilities Board in May 2006. The public utility easement tract and public drainage easement tracts, now proposed for abandonment, were originally required to facilitate offsite utility and drainage systems for a development to the north. As part of the current development process, the Applicant dedicated alternative public utility and public drainage easements that precluded the necessity of the subject utility and drainage easement abandonment tracts. During the Development Review process for Providence Place II, an alternative public utility and drainage system was approved by City staff with the understanding that the developer would petition for formal abandonment of the subj ect public utility and drainage easements. To address drainage maintenance concerns, this abandonment initiative was temporarily suspended in order to address plat related amendments necessary to promote the City's interests. Staff performs an analysis on requests for easement abandonment as follows: ^ Is the property tract requested for abandonment considered "excess easement"? ^ Do the easement tracts requested for abandonment have a continued public use? ^ Is it in the best interest of the general public to abandon the government's rights in the subj ect abandonment tracts? ^ Would the granting of this request establish a precedent for easement abandonments for future requests? Staff findings on this analysis are as follows: 1. The easement tracts requested for abandonment fit the criteria of excess easement. Excess easement is defined as: Property acquired or used by the City for easement purposes and subsequently declared excess (not needed for the Project, road or streetscape). 2. An alternative drainage and public utility easement solution has been devised that will satisfy the needs of the City of Denton and the Developer. The Developer has conveyed, by plat, a 2.50 acre public utility and drainage easement and a 0.86 acre detention pond easement, both to the City of Denton, for the express purpose of accommodation for the drainage therein, which easements eliminate the need for the abandoned easements; 3. Abandonment is in the public interest because the areas for subject abandonment no longer have a compelling future public easement use. 4. These abandonments would not set a precedent because the above three standards have been met. OPTIONS 1. Recommend that the City Council approve the proposed abandonments. 2. Not recommend that the City Council approve the proposed abandonments. 3. Table for future consideration. RECOMMENDATION Recommend approval of the Ordinance. ESTIMATED SCHEDULE Developer is currently mobilized. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Public Utilities Board Approval May 22, 2006 FISCAL INFORMATION Not applicable BID INFORMATION Not applicable F,X~TTRTTC 1. Location Map 2. Easement Abandonment Site Map 3. Ordinance 4. Public Utility Board Minutes May 22, 2006 Respectfully submitted, ~~ - Jimmy D. Coulter Director of Water/Wastewater Water Administration Prepared by: ll ~. ~i~AC~~iD-J6 Doreen E. 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L,i6 Za / ~ ~ ;€ ~ ~ ~ / W J ' km / m Z x N I 1----L - - _ _ _ w x ~ S9'OZ l 6'1 WMab~ ZB)~NM Q~r00)~ v~~n~~ o Z N Wn ~~ 333w m aaoMo N~ aalnv (9 (0 1- O (V Z~MQM QtMC r~O r0O 0]2222 Zr0~800) J J J J J Q 01 W za ?FN ~N~ ~aM 4}WM L~J~'~co ~7 x ~~N ~~=a,. N ~ awn ~~~f ~ Y ri o rn~ S.~Nn Y' a ~ r~o } Q 00 M: 3 X r!1 ~~ MJN r W,, M~vr w z ~~ p W C U~ QO d N N .. ~ Z~rro ~r.I ~ m ^ Z Wm M a PSI Z J Uj N 1l1 Q J ~ OaJ^ o ~ rnl~nom w pp,, ~ Z i-i F W U} O J3N0 Zen JwF 01 Wm M ZJNN W ~OJ~ N ~ ~°¢m 0 oxrnNa.. 1\ Z a N m N 0 0 0 0 2 n :lour docurnentslordinances1~71~rovi~ence place alaandanrr~ents vrdinance.doc ORDINANCE NO. A~ ORDINANCE AUTHORISING THE ABANDONMENT OF A 0.8~ ACRE PUBLIC UTILITY EASEII~ENT TRACT RECORDED rN VOLUME ~~~~, PAGE IO~G, OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEAS, THE ABANDONI4~ENT OF A 0. l $~ ACRE PUBLIC DR.AINAOE EASEIViENT RECORDED IN VOLUIV~E 522, PAGE 1107, OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEAS AND THE ABANDOl~T11~ENT OF A 1,077 ACRE PUBLIC DRAINAGE EAEIVIENT RECORDED IN VOLUME ~~, PAGE 111 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEAS SITUATED IN THE D. HOUGH SURVEY, ABSTRACT NO. G~~; AND PROVIDING AN EFFECTrVE DATE, HEREA, the 1ty of Denton has retelved a request f~on1 the ur~derl~.ng fee simple aner, Quail Creek auth L.P., far the abandonment of a 0.85 acre public utility easement tract recorded in Volume ~32Z, Page I09b, of the Real Property Retards of Dentan County, Texas, the abandonment afa 0.153 acre public drainage easement retarded in Valun~e 3~, Page 110?, of the Real Property Records of Dentan County, Texas and the abandanrnent of a 1.077 a.tre public drainage easement retarded in Volume ~ 3 ~~, Page l l l2 of the Real Property Retards of Denton County, Texas labeled as Tract 1, Tract Z and Tract respectively and being particularly described in Exhibit "." and depleted 1n Exhibit "B" ,attached hereto and made a part hereof by reference the "Abandonment Areas"~; and, ~VHEREA, uai1 Creep South L.P. bas conveyed, by plat, a x.50 acre public utility and drainage easement a~ad a 0.8~ acre detention pond easement, Beth to the City of Dentan, far the express purpose of accan~modation for the public utilities and drainage therein; and, ~IEREA, staff has reviev~ed the requested abandanrn.ent of the Abandoned Areas and has retomrnended approval; and, WHEREAS, the C1ty Council of the C1ty of Denton hereby finds and determines that the Abandonment Areas are not needed for public utility nor public drainage purposes and it is in the public interest to abandon the Abandonment .Areas and the City's public utility and drainage easement interests thereinto the underlying fee avvner, quail Creek South L.P. ~"Omer}}}; and} ~UHEREA, not~rithstandin.g any of the above, the City of Dentan hereby retains all easement rights in all other easement tracts, whether conveyed by other instrun~.ent~s) ar by plats}, in which the easement tracts described far abandonment herein cross and ar overlap; NOS, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1. The recitations and flnd~ngs contained the prean~b~e of this ardxnance are incorporated herein by reference. SECTION ~. The Abandonment Area. are permanently vacated, abandoned, and extinguished as public utility and drainage easements, except a provided herein A certified copy of this ordinance rna~ be recorded ~n the land records of Denton fount to evidence the abandonment and the pity Manager or his designee rr~~ execute other instruments to evidence this abandonment, that are consistent with this ordinance, T~OI~ This ordinance shall beco.e effective im~nediatel u on its assa a and . Y ~ ~ g approval. 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Exhibit 4 1 2 MINUTES 3 PUBLIC UTILITIES BOARD 4 MAY 22, 2006 5 6 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 7 present, the Chair convened into an Open Meeting on Monday, May 22, 2006 at 9:04 a.m. in the 8 Service Center Training Room, City of Denton Service Center, 901-A Texas Street, Denton, 9 Texas. 10 11 Present: Chair Newell, George Hopkins, Dick Smith, Bill Cheek and Bob Bland 12 13 Absent: Phil Gallivan and John Baines, excused 14 15 Ex Officio Member: 16 Howard Martin, Interim City Manager 17 18 OPEN MEETING 19 20 CONSENT AGENDA: 21 22 The Public Utilities Board has received background information, staff's recommendations, and 23 has had an opportunity to raise questions regarding these items prior to consideration. 24 25 1) Consider recommending approval of an ordinance authorizing the abandonment of a 0.88 26 acre public utility easement tract recorded in Volume 5322, Page 1096, of the Real Property 27 Records of Denton County, Texas, the abandonment of a 0.183 acre public drainage 28 easement recorded in Volume 5322, Page 1107, of the Real Property Records of Denton 29 County, Texas and the abandonment of a 1.077 acre public drainage easement recorded in 30 Volume 5322, Page 1112 of the Real Property Records of Denton County, Texas situated in 31 the D. Hough Survey, Abstract No. 646. 32 33 Board Member Bill Cheek moved to approve Item 1 with a second from Board Member 34 Dick Smith. The motion was approved by a vote of 5-0. 35 3 6 The meeting adj ourned by consensus at 11:3 3 a.m. 37 Charldean Newell, Chairpe on 38 39 4 ~~~ (/ 0 41 Ann Forsythe, Secretary s ~ ~ ~ t Y' ~~ ~ ; -~ 5_ • 5? ~. Howard Martin, Interim City Manager AGENDA INFORMATION SHEET AGENDA DATE: July 24, 2007 DEPARTMENT: Economic Development CM: Geor e C. Cam bell g p ~1 IR TF,(~'T Consider approval of a resolution establishing guidelines for Public Improvement Districts; and providing an effective date. BACKGROUND The Economic Development Partnership (EDP) Board drafted the attached guidelines for City Council consideration when reviewing PID applications. 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 City Council reviewed the draft guidelines at their June 19, 2007 work session. A suggestion was made to reword language in Section 6 to clarify administrative and legal costs to be recouped. This document reflects those changes. Council also requested information regarding the amount of PID revenue generated by homes at various property valuations with a $0.40 assessment. Valuation Annual Revenue With $0.40 PID Assessment $150,000 Home $600 $250,000 Home $1,000 $500,000 Home $2,000 $5 Million Commercial $20,000 Revenue bonds are recommended for PIDs. Since the revenue generated by one particular proj ect is difficult to predict, revenue bonds require a collection of 1-1 /2 times the debt service. For example, the annual debt payment on a 20-year, $25 million bond at 6% would be approximately $2.1 million. However, revenue bonds would require $3.1 million to be generated to create a reserve to ensure payment. To retire a 20-year, $25 million revenue bond at 6%, a development would require nearly $800 million in valuation. That could be achieved through: • 3,200 homes at $250,000 valuation; or • 2,500 homes at $250,000 and 1,200 homes at $150,000 valuation; or • 1,600 homes at $500,000; or • Any combination of residential and commercial valuation to equal $800 million -1- PRIOR ACTION/REVIEW The EDP Board discussed the PID Guidelines at their October 2006, November 2006, January 2007 and May 2007 meetings. The Board recommends approval of the PID Guidelines (6-0). The City Council reviewed the Public Improvement District (PID) Guidelines at their June 19, 2007 work session. Council directed staff to create a resolution formally adopting the guidelines. EXHIBITS Resolution Public Improvement District Guidelines Respectfully submitted: Y ~ ry + + f ~~ 'i'~'_ai I~ i ~ }}44 ~~ w I ~~A 4 / II M ~ ' ]i. s ~ ~~ • 5 •.I Linda Ratliff, Director Economic Development Department -2- p s:lour d~curnentslresolutionsl0'Tlp~d guidelines.~oc REOLI~TI~N ~~, ~ RE~LUTIDN ESTABLISHING UIDELINE F~I~ PUBLIC IlI~PR~vEENT DITR~T; AND PR~VIDIN AN EFFECTIVE DATE. IEREA, the Public Impraven~ent District ~"PID"} Assessment Act the "Act"} a1lo~vs a city to levy and collect special assessments on property that is located within the city ar within the city's extraterritorial jurisdiction ~"ETJ"}; and 'AREA, the funds from the asessrrlent can be used to n~a1~e certain improvements as authorized by the Act to the infrastructure to facilitate economic growth v~ithin an axea; and ~EREA, these gu~del~nes are intended to a1d the pity Council ~n deterrnining ~f the creation of ~ PID 1s financially feasible, practical, and ~n the best Interest of the citizens of the City of Denton; and ~vHEREA, these guldel~nes da not require the C~ Council to participate ~ PYDs, nor do they prevent the City Council from. establishing PIDs with elements that vary from these guidelines; and AREA, the City agrees with the recommendation of the Economic Development Partnership Baaxd to establish these guidelines; and HE~EA, this Resolution is in the public interest of the residents of the City of Dentan; N~, TI~EREFGRE, THE CYTY CD~JNIL ~F THE CITY OF DENTIN HEREBY RESOLVES: ECTI~N 1. The City Council of the City of Dentan, Teas, hereby authorizes the adoption afthe PID guidelines, which are attached hereto and made a part hereafby reference. ETIN 2. The City Councii rnay, from time-ta-time, consider changes to these guidelines as gill be reflected by their future action. SECTIGN This Resolution shall bccan~e effective inoxnediately upon its passage and approval. PASSED AND APPRGVED this the day of _ - ,,,,.,~, ~~47, PERKY R. cNEILL, MAYG~ 1 s:lour dacurnentslresolutionsl~?lpid guidelines.d~c ATTEST: JENNIFER ALTER, CITY EORETARY ~Y: APPROVED TO ~~4J~L ~1../~i E~~ NYDER, CITY ATTORNEY i i gage ~ s:bur documenls~miscellanrousUlTpublit improvement distric2.doc 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 azea. The following guidelines aze intended to aid the City Council in determining if the creation of a PID is fmancially 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 1 -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 product to 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 PlD 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 aeeas. Examples might he: 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. Pips 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 chazacteristics that describe the project as unique must be cleazly 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 pazks) may eliminate a project from consideration. Page I of4 s:bur donumrntsMiscellaneousWTpublic improvement distric[2.doc Section 2 -Reimbursable expenditures Public amenities and facilities must be available to all City of Denton citizens. Some or al] of the following list of improvements may be financed through PID funds; however, the City Council reserves the right to consider each project on a case-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 right-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); • Pazk, 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 similaz to 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 - Ftitnding/Reimbursement of Costs YIDS will not be used for construction financing. The City Council may consider one of two options to reimburse public improvement districts for eligible costs. The City Council will review each development on a case-by-case basis to determine the appropriate funding option. A. Fundin¢ 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 maybe 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 reimbtuse eligible costs once a minimum of 50% of the planned residentiaUcommercial construction is at full completed value. If the project is built in phases, bonds may be sold for each phase. The compazative size of each phase must be acceptable to the City. Page 2 of 4 s:\our documents\miscellnneous\07\public improvement districf2.doc A minimum of 50% of the planned residential/commercial 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. Sectlon 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. "fhe assessment maybe 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 ol'the community. Section 5 -PID Petition/Documentation Developers requesting a PID are required to submit a completed PID petition/application to the Economic Development Partnership Boazd (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 Codc 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 whether they 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 cleazly 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. Page 3 of 4 5:bur documen[s\miscellaneous\07\public improvement disvicl2.dx 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 Pm documentation must provide for the reimbursement of the City's on-going administrative and legal costs relative to reviewing, preparing, auditing the feasibility report, preliminary costs estimates, five-year service and assessment plan and assessment roll, and costs relating to foreclosures, etc. A $2,500 deposit must accompany all PID applications to be applied toward administrative costs related to the processing and review of the application, which may include staff time, public notices, etc. The City will track costs and refund any excess monies once the PID has been established or denied. The applicant will be required to cover all related costs; therefore, it may he necessary for applicants to provide additional funds. Page 4 of 4 AGENDA INFORMATION SHEET AGENDA DATE: July 24, 2007 DEPARTMENT: Parks and Recreation ACM: Howard Martin, 349-8232 ~TIR.TF,CT Consider approval of a resolution allowing the Denton Black Chamber of Commerce to be the sole participant allowed to sell alcoholic beverages at the 9th Annual Blues Festival on September 15, 2007, upon certain conditions; authorizing the City Manager or his designee to execute an agreement inconformity with this resolution; and providing for an effective date. The Parks, Recreation and Beautification Board recommend approving the request with a vote of 5-0. BACKGROUND The Blues Festival has been held at the North Texas Fairgrounds for the past several years. The Black Chamber of Commerce requested that the event be moved to Quakertown Park. The event coordinators are requesting to be allowed to sell alcoholic beverages in the city park. Quakertown Park is the only city park where the sale of alcohol is permitted, with City Council's approval. RECOMMENDATION Staff recommends approval of the ordinance and agreement as submitted, which is consistent with agreements with other co-sponsored events, such as the Denton Arts & Jazz Festival. PRIOR ACTION/REVIEW (Council, Boards, Commissions) At the June 4, 2007 meeting, the Parks, Recreation and Beautification Board recommended approving the request with a vote of 5-0. FISCAL INFORMATION None. EXHIBITS 1. Proposed Resolution 2. Letter of Request 3. Quakertown Agreement 4. Parks, Recreation and Beautification Board Minutes of June 4, 2007 Respectfully submitted: .. ~, Emerson Vorel Director of Parks and Recreation Prepared by: Janie McLeod Community Events Coordinator s:lour• do~urrYentslresolutions1071~1ues festival alcohol sell.~~c Exhibit 1 R.ES~L~JTI~N ~~, A RESOLUTION ALL~IN THE BLA HAMBE~ ~F DMMERE TD BE THE SALE PARTICIPANT ALLOYED T~ SELL ALOH~LI BE~ERACxES AT TIDE BLUES FETI'~AL ON SEPTEMBER I5, 2~~7, UPON CERTAIN ONDITI~NS; AUTHO~YN THE IT'S MANAGER ~R ~~ DESICxNEE TO EEC~JTE AN AGREEMENT IN ~NF~~M~T~' KITH THIS ~ES~LIJTI~N; AND PR.~~TDrNC~ F~ AN EFFECTIVE DATE. '~ErtEAS, the pity of Denton ~"pity"} ~s the owner of the uakerton Parr; and WHEREAS, the consumption of alcoholic beverages r allowed in the uakerto~n Parr pursuant to pity of Denton bode, ~~2~3 ~b}; and WHEREAS, the qty ouncll finds that 1t ~ zn the publlc lnterest to select only one vender of alcoholic beverages t the Blues Festi~ral; and 'HE~EAS, the Elck harnber of eerce called "chamber"} has requested that they be the sale participant allowed to sell alcoholic beverages at this year's Elves Festival on September ~ 5, 207; and WHEREAS, the Parks, Recreation, and Beautlficatlon Board has recommended that chamber be the sole participant allowed to sell alcoholic beverages at the Blues Festival; and WHEREAS, the 1ty~ agrees v~1th the rco~endat~an of the Pans, Recreation, and Beautification Board; NOS, THFREF~RE, THE OUNIL ~F THE CITY OF DENTIN ~IEREBY RES~EVE~: SETI~N 1. ha~nber shall be the sale participant allowed to sell alcoholic beverages at the Blues Festival Qn Septerr~ber l5, 2~~7 at the uakerton Park upon the follav~ing conditions: 1. They shall be responsible to obtain the temporary license and permit far selling alcoholic beverages approved by appropriate state agency; ~. They shall provide the security necessary for the sale of alcoholic beverages; 3. They shall provide general comprehensive l~abil~ty insurance from a responsible carrier, ~r1th the ~xty a an addltlonal insured, in the an~aunt of 5~~,~~o.~~; 4. They agree to ~ndemn~fy the lty of Denton aa1nst any llab~l~ty incident to the selling of alcoholic beverages at the Blues Festival. SECTION 2. The pity Manager or his designee is authorised to execute n agreement in conformity Frith this Resolution, v~hich shall be substantially in the farm of the agreement attached hereto and nude a part hereafby reference ET~1~ ~ . This Reso~u~ion ~~1 become effcti~re immediately upon its passage end ~pprova~. PASSED AND APPR~E~ ~~is ~ dad o~_- _ . ,.,.,.._ , ~~~7. PERRY R. cNEILL, MAYOR ATTEST: .~~NNR'A~T~R, CITY SECRETARY BYE APPROVED AS T~ LEGAL ~~~: ~~~ r NYDj.1R, 1TY ! 1~~~J..1~ Page ~ of 2 '- '' ~~~ ~s ~I ~~ ..~ Illl 1 y s:bur documentslc~n~act~4~71blues festival cantract.doc Exhibit 3 QUAKERTOWN PARK AGREEMENT FOR THE BLUES FESTIVAL STATE OF TEXAS § COUNTY OF DENTON § This A,green~ent, made this ~ day of _ , 247, by and between the pity of Denton, a municipal corporation, hereinafter referred to ~. the "~~T~" and the Blaek harnber of amerce, called "HABFR"}. ITI~TH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follovrs: ART~~E 1 ~N~RAL The City grants to CHAMBER. the exclusive privilege to sell alcahallc beverages, subject to the exceptions and conditions hereinafter yet forth, for the Blues Festival on epternber 1 , ~Da~, to be held at the ual~ertawn parr. Attached hereto and made a part hereof by is a copy of the resolution assed by the pity council of Denton, Texas, authorising this privilege This rivilege does not extend beyond the date of the Blues Festival set for the year ~~D7. p .ARTYC~E ~ 0~~ ~~' ~~~IC~ HA~E~ in order to exercise the privilege to sell alcoholic beverages rriust perform tha folloin: A. CHABBR shall be solely responsible far the rental and payment for any booth space necessary for the sale of alcoholic beverages at the flues Festival. B, CABB shall be solely responsible to obtain and temporary license and perxn~t necessary far the selling of alcoholic beverages at the Blues Festival. CHAIV~~R shall be solely respansib~e for the obtaining and paying for any security necessary far their sale of alcoholic beverages at the flues Festival. ~H~B~' failure to do any of the above and to shoes proper proof of carnliance shall waive their right to exercise the privilege of selling alcahallc beverages at the Blues Festival. A~TY~~~ ~~~ ~~J~~ ANA] R~~ATZ~1~ HAB~R agrees to abide by all n~~nicipal, county, state and #`ederal haws, ard~nances, rules and regulations anal speclcally, without lx~n.itatian, the Quakertown park Rules and Regulations, to obtain all necessary and proper licenses, permits and authorisations, and to comply with e requirements of any duly authorised person acting in connection therewith. HAIVfB~R shall pay all taxes, if any, of every nature anal description arising out of or in any n~araner connected with the sale of alcoholic beverages ~ANIB~R will exercise reasor~ab~e care and due diligence in their sale of alcoholic beverages t the Blues Festival. ATZ~~ 4 ~~l~N.~V~TY ARE~~VI~NT ~~~~. shall indemnify and save and hold harmless the 7TY and its afters, agents, and employees from and against any and all liability, claims, demands, lasses, and expenses, including but not lirr~ited ta, court costs and reasonable attorney fees incurred by the fTY, and including, without limitation, damages far bodily and personal injury, death and property damage, resulting from the negligent acts ar ornissians of ~~~ ar its oflicers, shareholders, agents, ar ernplayees in the eec~tion, operation, ar performance of this Agreement, Nothing in this Agreement shall he construed to create ~ liability to any person who is not a party to this Agreement, and nothing herein shad waive any of the parties' defenses; bath at law or equity, to any cla~~n, cause ~f action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ART~CL~ 5 ~N~J~.ANC~ wring the performance of the Agreement, ~A~~R shall maintain the following insurance with an Insurance carnpany licensed to do business in the state of Texas by the state fnsurance onamission ar any successor agency that has a rating with Best Rate farriers of at least an A~ or above: A. o~nprehensxve general Llabrllty fnslirance with bodily ~n~ury lets of not less than $5aa,~~a for each occurrence and. not less than aa,~0a in the aggregate, and with property damage limits of not less that $ ~ a~,0~~ far each occurrence and not less than t aa,aa0 in the aggregate, B. I~A11~1~R shall furnish insurance certificates or insurance policies at the tTY' request to evidence such coverages. The insurance policies shall name the rT~ as an additional insured on ail such policies, and shall contain a provision that such insurance Blues Festival Agreement -Page 2 shall not be canceled or rr~odi~ied thaut ~rritten native to the CfT~ and ~~~~ such event, ~B~.- shall, prior to the effective date of the change ar cancellation, sere substitute policies furnishing the same ca~rerage. A~Tx~LE ~ ~~TI~ A11 notices, communications, and reports required or pe~rnitted under this green~ent shall ~~ personally delivered or mailed to the respective parties by depasiting sarr~e in the united States n~a~l to the address sha~vn below, certified. mail, ret~ receipt requested, unless otherwise specified hereixi~ 1Vlailed notices shall be deemed corn~nunicated as ofthree ~3~ days' mailing: To ~IA~iB~~: Black Chamber of airnnerce haran 1Vlc1ellan, secretary ~.~~ Box 10~G Denton, Texas '7~~~ Ta ~T': pity of Denton pity 11~anager 2 ~ 5 ~. McKinney Denton, Texas 7~~a 1 Ali notices shall be deemed effective upon receipt by the party to wham such notice i given, or ~rithin three ~~~ days' rnalling. AT~L~ '~ ~~TIRE ~~~~T This ~4greement, consisting of five ~5~ pages and one ~ l ~ e~hiblt, constitutes the canap~ete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terns of their agreements, and supersedes all prior cantemporaneaus offers, pramises, representatlans, negotiations, d~scusslons, cammun~cat~ons, and ag~`een~ents h1c17 may have bean. made in connection Frith tho subject nutter hereof. ATIIILE ~~ABI~IT~ ~f any provision of flair ~g~eeent is found or deerr~ed by a court of cainpetent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this ~green~ent and shall not cause the remainder tv be invalid or unenforceable In such event, the parties shall reform this Agreement to replace such stricl~en provision with a valid and enforceable provision which corner a class as passxbXe to expressing the intention of the tricl~en . ~ prov~s~on. - B~~es ~~ti~al Agreement ~ Page ~ A~TI~~ 9 I~Z~IIVIINA'TION ~~tOI~I~I~'I] 7n performing e servrces required hereunder, ABA shall not discriminate against any person on the basis of race, color, religion, sex, national origin, ar ancestry, age, ar physical handicap, ARTICLE 1~ ~E~~L A. ~A~~~ represents that it has or will secure, at its own expense, all persanx~el required to perform all the er~rices required ~nde~ this A.green~ent. Such pero~anel shall not be en~p~oyees or officers of, or have any contractual relations with the QTY. A~T~EE 11 AYI~AILYT'~ ~.A~IBER shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement whether by assignment, ~o~ration, ar otherise} without the prior written cansant of the ITS. A.TYL~ 1~ ~DI~'IATIDN No wai~rer ar modification of this Agreement yr of any covenant, condition, or lirnitatian herein contained shah be valid unless in w~.ting and duly executed by the party to be charged therewith, anal no evidence of any wai~e~r or ~nadification shall be offered or received in evidence in any proeeedrn arising between the parties hereto out of or affecting this Agreerr~ent, ar the rights ar obligations of the parties hereunder, and unless such wai~rer or modification is in writing and duly executed; anal the parties further agree that the provisions of this section will not be waived unless as set Earth herein, ARTZLE 1 1VIIELIIANE~U A. The following exhibits are attached to and made a part of this Agreement: list exhibits} ~xhlblt "A" resolution No. ~, venue of any suit or cause of action under this Agreement shall lie exelusi~vely in 1~enton bounty, Texas This Agreement shall be construed in accordance with the laws of the State of Texas. The captions of t.s .Agreen~er~t are fox informational purposes only, and shall not ~. any way affect the substantl~e terms or cand~tians of th1s A~eernent~ Blues Festival Ag~eerrtent -~ Page 4 I~ V~ITN~ I~~, the pity of Benton, Teas hay caused t Are~,ent t~ be executed b~ its dull authorized City tanager, and ~A~ER has executed this Agreerr~et through its ~~~~ authorized undersigned ~ aff~cer on this the dad o~ , 200. CITY ~~ DNT~1~, T~~.A E~R~ A~~~~L, ~T~ AN~AER ATTEST. J~NNI~'ER AFTERS, CITY SER.~TARY ~Y: A~PI~~~D A T~ I~E~AL ~~~: EDWIN I. S~~R, CITY ATT~~~Y _.. ~~: ~ACI~ ~B~R ~~` C~I~IlIrI~~E ~~; ~AR~N cI~~L~AN, RETAI~Y ~LTIT~ ~Y: flues ~'esti~rat Agreement -Page ~ Exhibit 4 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 42 43 44 45 46 47 48 49 50 51 DRAFT Parks, Recreation and Beautification Board Minute s June 4, 2007 Civic Center Conference Room Members present: Teresa Andress, Carol Brantley, Allyson Coe, Dale Conway, Jo Kuhn Members absent: Reggie Heard, Ross Richardson Staff present: Emerson Vorel, Amanda Green, Bob Tickner, John Whitmore, Janie McLeod, Mary Aukerman and Charles Thompson, City of Denton Planning and Zoning. Chairwoman Teresa Andress called the meeting to order at 6:02 p.m. AWARDS AND RECOGNITIONS: There were no awards or recognitions. APPROVAL OF MINUTES OF May 7, 2007 MEETING: Jo Kuhn pointed out two items that needed to be changed/corrected in last month's meeting minutes: on page 2, line 19 Jo is listed as co-chair and it should be vice chair; and on line 42 the sentence should end with the "Park Foundation". These changes will be made to the May 7th minutes. Guest Sam Scoggins of the Denton Youth Soccer Association was introduced to the Board. He presented a request to name the soccer building at North Lakes Park the Jane Malone Building or the Jane Malone Soccer Building in honor of the association's retiring President. Ms. Malone has been a supporter of soccer for more years than could be remembered, as well as a supporter of sports in general. Mr. Scoggins said they wanted to try to keep the naming a secret from Ms. Malone but it was pointed out that it will presented in a public format at the City Council when on the agenda. As per the current Naming Policy, a committee was appointed, consisting of Jo Kuhn and Teresa Andress, to review this request and make a recommendation. They will present their findings to the Board in July. ACTION ITEMS: a) Consider a request from Denton Black Chamber of Commerce to sell alcoholic beverages at Blues Festival. -Prior to taking action on this item, Janie McLeod addressed the Board regarding the change of venue for this event. Historically it has been held at the Fairgrounds but they are requesting it be allowed to be held at Quakertown Park. At one time it was held in the former Civic Center Park but moved to the Fairgrounds some years ago. The Black Chamber of Commerce is a 501c3 organization and will obtain the alcohol permit, as well as insurance and security, for the event. Teresa suggested that the same contingencies be put on this item when it is presented to the City Council as were placed on that for the Makalani Movement Music Festival, which was agreed upon by the Board. MOTION: Jo moved to approve the request from Denton Black Chamber of Commerce to sell alcoholic beverages at Blues Festival contingent on them obtaining all TABC licenses and permits as a licensed vendor and all other pertinent documentation before submitting the recommendation to City Council. Allyson seconded the motion. The Board passed the motion with contingencies with a vote of 5-0. b) Consider a recommendation for a proposed cell phone tower easement on the Southside of Mack Park using a baseball field light pole as the base. -Bob Tickner lead the discussion regarding February 2007 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 42 43 44 45 46 47 48 49 50 51 52 setting a 100' cell phone tower from MetroPCS Texas, LLC in the same place as an existing baseball field light at Mack Park; he also discussed the documentation and plans for the project that were in the Board packet. Dale stated that Trinity Presbyterian Church has what looks like a new bell tower but it is in fact a Cingular cell tower and they get close to $1,000 per month. The structure to house the switchgear will be a 15'x 30' enclosure at the base of the pole. The City should collect approximately $12,000 per year in revenue from the placement of the tower. MOTION: Allyson made a motion to recommend to City Council the approval of the use of the Southside of Mack Park for the replacement of the existing baseball field light pole with a newer and taller pole for the dual use as an athletic field light pole and cell phone tower. Carol seconded the motion. The motion was passed by the Board with a vote of 5-0. DISCUSSION ITEMS: a) Formula/Criteria for Accepting Public Art -Emerson presented a draft of the proposed policy for Donations of Public Art from the Public Art Committee, a subcommittee of the Parks, Recreation and Beautification Board. This policy governs any one, agency or individual, that wants to donate artwork to the City of Denton for public art. He explained that the City was using its resources to finish projects "donated" to the City and this policy would clarify who was responsible for what. Teresa wanted to know if the two items that were brought before them the past few meetings were governed by this policy, to which Emerson stated that those items were paid for with public funds and were not subject to this policy. Jo brought to the attention of the Board that the last sentence under the Definitions heading needed clarification. She was not clear as to what would constitute the exception and thought that it could be easily challenged. Emerson said that he would take the draft back to the Public Art Committee at the June meeting and ask for them to rewrite that sentence. Other than that the Board thought the document was good for the City and, once the revision was made, should be brought forward as an action item for the July Board meeting, then presented to the City Council b) Park Naming Policy Revision -John Whitmore presented the draft of the revised Park and Facilities Naming Policy. The Board had a copy of it in their packet and had a few items needing clarification or revision. The Board wanted to make sure that the public had every opportunity to know about future items for naming/renaming and wanted to see those enumerated in the policy to be consistent for each occurrence. An item will be added outlining the methods used for advertising the proposed naming/renaming. This item will be revised and brought before the July Board meeting as an action item. DIRECTOR'S REPORT PROJECT STATUS REPORT -Senior Center Feasibility Study. The public meeting was held on Thursday, May 31 at 6:30 p.m.; about 150 seniors attended. Another meeting will be held on August Stn Avondale Park Bridge Project -The FEMA flood study has finally been received and they are now doing computerized modeling to see what bridge is the best fit. Unicorn Lake Trail and Landscape Project -The City has reviewed the plans and they are now waiting for the TXDOT review. Briercliff Park Design and Development Project -The RFP has been issued and is due back on June 21St. In addition to new playground equipment, picnic shelter, park benches and tables, parking lot and landscaping, practice fields will also be included. COMPLETED PROJECTS: Civic Center Pool Enhancement -The pool was ready for opening day. February 2007 1 2 3 4 5 6 7 8 9 10 11 12 KEEP DENTON BEA UTIFUL Director's Report - No comments regarding the Director's Report for April 20 -May 24, 2007. Dale Conway shared with the Board a compliment from visitors to Denton regarding the parks here. Upon return to their home, they told her that their parks did not compare to the quality of Denton's parks. ITEMS FOR UPCOMING MEETINGS: Teresa will not be in attendance at the July meeting so Jo will present the committee's recommendation for naming the soccer building at North Lakes Soccer Fields. Jo will not be attendance at the August meeting. There being no further business, Teresa adj ourned the meeting at 7:06 p.m. February 2007 AGENDA INFORMATION SHEET AGENDA DATE: July 24, 2007 DEPARTMENT: City Manager's Office CM: George Campbell, City Manager ~TIR.TF,CT Consider and confirm the appointments by the Mayor to the following: 1. Community Justice Council 2. Convention and Visitors Bureau 3. Dallas Regional Mobility Coalition 4. Lake Ray Roberts Planning and Zoning Commission 5. Regional Transportation Council 6. Texas Municipal Power Agency Board of Directors BACKGROUND At the July 17th Work Session, the Council Nominating Committee presented a list of recommendations for council participation on various external committees and agencies which the Mayor approved. Council will be considering and confirming those recommendations as shown in the attached list. If you require any further information, please let me know. Respectfully submitted: Jennifer Walters City Secretary S:1Boards & CommlAgenda Info Sheet for Council Committee Nominations .doc COUNCIL EXTERNAL COMMITTEE ASSIGNMENTS Community Justice Heggins Convention and Visitors Bureau Montgomery Heggins Watts Dallas Re Tonal Mobilit Coalition Kamp Lake Ray Roberts P&Z Montgomery Regional Transportation Council Kamp Texas Municipal Power Agency McNeill AGENDA INFORMATION SHEET AGENDA DATE: July 24, 2007 DEPARTMENT: City Manager's Office CM: George Campbell, City Manager ~TIR.TF,CT Consider appointments to the City's Boards and Commissions. BACKGROUND Attached are the nominations Council has submitted for boards and commissions positions. Any nominations made during the Work Session will be added to the list prior to consideration. Council will be voting on approval of these nominations. If you require any further information, please let me know. Respectfully submitted: Jennifer Walters City Secretary S:1Boards & CommlAgenda Info Sheet for Nominations IIC.doc BOARD AND COMMISSION NOMINATIONS Board Council Member Nomination Airport Advisory Board Heggins Rick Woolfolk (R) Kamp Bob Eames (R) Mulroy John Kristoferson (R) Animal Shelter Advisory Committee Watts Myra Oliver (N) McNeill Jim Bryan (R) Community Development Advisory Cmte. Heggins Kamp Cathy Tedrick (R) Watts Lisa Melby (R) Mulroy Herbert Holl (R) Construction Advisory & Appeals Board Heggins Arlita Harris (N) Thomson Brian Bentley (R) Montgomery Mulroy Henry Rife (N) McNeill Dana Binnion (R) Economic Development Partnership Bd. Nominating Cmte. Euline Brock Jerry Mohelnitzky Stan Morton Denny Aldridge Historic Landmark Commission Heggins Donna Harris (R) Thomson Karen Divinney (N) Watts Emily Gibson (N) Montgomery David Wright (R) Mulroy Diana Hatch (R) All Steve Ambuehl (Watts) (R) Human Services Advisory Cmte. Heggins Vanessa Sims (N) Thomson Kami Fletcher (R) Montgomery David Wright (R) Mulroy Jodi-Vicars-Nance (R) McNeill Everette Newland (R) All Mari Metzgar (Kamp) (N) All Steve Pogue (Montgomery) (R) Library Board Heggins Anyah Martinez (N) Kamp Dorothy Adkins (R) Montgomery Teresa Starrett (R) Mulroy Sherri McDade (R) R-Re-nomination N-New Nomination BOARD AND COMMISSION NOMINATIONS Board Council Member Nomination Parks, Recreation & Beautification Board Heggins Montgomery Ross Richardson (R) Mulroy Jennifer Wages (N) McNeill Jo Kuhn (R) Planning and Zoning Commission Heggins Gloria Anderson (R) Kamp George Watkins (R) Watts James King (N) McNeill Walter Eagleton (R) Public Art Committee Montgomery Carol Phillips (R) Mulroy Cheryl Key (R) Public Utilities Board Heggins Kamp Bill Cheek (R) Montgomery Dick Smith (R) McNeill Bill Grubbs (N) Traffic Safety Commission Thomson Linda Brown (R) Watts Jason Davis (N) Montgomery Marion Scott (N) McNeill Charles Guarnacci (R) Zoning Board of Adjustment Heggins Thomson Mike Boswell (R) Watts Judy Willis (R) McNeill Phil Jordan(from Alternate) (R) All Millard Heath(McNeill) (R) All Reggie Hill (Kamp, McNeill) R- Reappointment N-New appointment