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HomeMy WebLinkAbout03-29-1994 Yd !'Ct t CITY COUNCIL AGENDA PACKET 3/29/94 I iii{{{~' ~ • . ~y . ~7 r r f i ' rt~ S~ pu''. ~6°➢ r r4 s.,. r.+,y"fyfr x.r.;e4f D rL' a , r . . ~ ! 5 9 . } i r ~9ndaNa-_.~v~~ AGENDA Ogg dp CITY OF DENTON CITY COUNCIL March 29, 1994 Special Call Session of the City of Denton City Council on Tuesday, March 29, 1994 at 5:00 p.m. in the City Council chambers of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: 5:00 p.m. i 1. Consider adoption of an ordinance authorizing the issuance, sale, and delivery of City of Denton Certificates of obligation, Series 1994, and approving and authorizing instruments and procedures relating thereto. 4 0 NOTE: The City Council will convene in the Civil Defense Room following the consideration of the above ordinance. 2. Receive a report, hold a discussion and give staff direction regarding a park dedication ordinance. ? 3. Receive a report, hold a discussion and give staff direction regarding cable t.v. funding. " i 4. Discussion regarding Council working relationships. j E 5. Receive a report and hold a discussion regarding a mid-year budget update. ~ f 6. Discussion of upda•:ing City Council rules and Frocedures and give staff direction. 7. Discussion of water, sewer and transportation impact fees and give staff direction. R a. Discuss and consider issues for the Council annual planning session including facilitator, place and date and give staff direction. 9. Receive a report, hold a discussion and give staff direction regarding proposed procedures and time schedule for the preparation of contracts and the allocation of hotel occupancy tax funds. p .Fy I ~ , .'r o.A T ,r ua item 20 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 , 1994 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 p I = ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY ; SECRETARY~S OFFICE AT 566-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH I i THE CITY SECRETARY'S OFFICE. j i ACCOOIB5 j;. r =CITY= 'OUNC 04 0/1 rI i t E k i i ApMhNo - DO AQend2lte ~ ORDINANCE NO. 94-_ we 3- 10/'2 7 ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON CERTIFICATES OF OBLIGATION, SERIES 1994, AND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON WHEREAS, the Certificate of Obligation Act of 19711 as amended and codified (the "Act") permits the City to issue and sell for cash the Certificates of obligation hereinafter authorizedf and WHEREAS, the City has duly caused notice of its intention to issue the Certificates of obligation hereinafter authorized to be published at the times and in the manner required by the Act and no petition has been filed protesting the issuance thereof. THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS THAT: Section 1. AMOUNT AND PURPOSE OF THE CERTIFICATES. The w certificate or certificates of the City of Denton Texas (the "Issuer") are hereby authorized to be issued and delivered in the aggregate principal amount of $3,220,000, FOR THE PURPOSE OF PAYING ALL OR A PORTION OF THE CITY'S CONTRACTUAL OBLIGATIONS INCURRED 1 PURSUANT TO CONTRACTS FOR THE CONSTRUCTION CF PUBLIC WORKS, TO-WIT: (1) COMPUTER HARDWARE AND SOFTWARE SYSTEMS FOR POLICE, FIRE AND LIBRARY PURPOSES AND (2) VEHICLES AND EQUIPMENT FOR THE CITYAPS ~J MOTOR POOL] AND ALSO FOR THE PURPOSE OF PAYING ALL OR A PORTION OF THE CITY'S CONTRACTUAL OBLIGATIONS FOR PROFESSIONAL SERVICES OF ENGINEERING, ATTORNEYS, AND PINANCIAL ADVISORS IN CONNECTION WITH THE ABOVE CONTRACTS AND SAID CERTIFICATES OF OBLIGATION. Section 2. DESIGNATION OF THE CERTIFICATES. Each certificate issued pursuant to this ordinance shall be designated: "CITY OF DENTON CERTIFICATE OF OBLIGATION, SERIES 199411, and initially there shall be issued, sold, and delivered hereunder a single fully registered certificate, without interest coupons, payable in r installments of principal (the "Initial Certificate"), but the S Initial Certificate may be assigned and transferred and/or a converted into and exchanged for a like aggregate principal amount F of fully registered certificates, without interest coupons, having p? serial maturities, and in the denomination or denominations of ' $5,000 or any integral multiple of $5,000, all in the manner hereinafter provided. The term "Certificates" as used in this ordinance shall mean and include collectively the Initial Certificate and all substitute certificates exchanged therefor, as well as all other substitute certificates and replacement I' . 14r0a No 9!/-D0 4WU11t9 certificates issued pursuant hereto, and the term "Cer lfica es', shall mean any of the Certificates. Section 3. INITIAL DATE, DENOMINATION, NUMBER, MATURITIES, INITIAL REGISTERED OWNER, AND CHARACTERISTICS OF THE INITIAL CERTIFICATE. (a) The Initial Certificate is hereby authorized to be issued, sold, and delivered hereunder as a single fully registered Certificate, without interest coupons, dated April 1, 1994, in the denomination and aggregate principal amount of $3,220,000, numbered R-1 payable in annual installments of principal to the initial registered owner thereof, to-wit: or to the registered assignee or assignees of slid Certificate or i any portion or portions thereof (in each case, the "registered owner"), with the annual installments of principal of the Initial Certificate to be payable on the dates, respectively, and in the principal amounts, respectively, stated in the FORM OF INITIAL CERTIFICATE set forth in this ordinance. (b) The Initial Certificate (i) may be assigned and transferred, (ii) may be converted and exchanged for other Certificates, (iii) shall have the characteristics, and (iv) shall be signed and sealed, and the principal of and interest on the Initial Certificate shall be payable, all as provided, and in the manner required or indicated, in the FORM OF INITIAL CERTIFICATE set forth in this ordinance. Section 4. INTEREST. The un id initial Certificate shall bear interestrfrom al adate of the Initial Certificate to the respective scheduled due dates of the F installments of principal of the Initial Certificate, and said interest shall be payable, all in the manner provided and at the rates and on the dates stated in the FORM OF INITIAL CERTIFICATE g set forth in this Ordinance. Section 5. FORM OF INITIAL CERTIFICATE. The form of the Initial Certificate, including the fors of Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be endorsed on the Initial Certificate, shall be substantially as follows: r r 2 yq 'y [ 1 ..ryT y'.i :t ) i F Agenda No. q -OD 9 FORM OF INITIAL CERTIFICATE Agendallem oate_~'~ ~'Z NO. R-1 $31220,00?t UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON CERTIFICATE OF OBLIGATION SERIES 1994 THE CITY 01' DENTON, in Denton County, Texas (the "Issuer"), being a political subdivision of the State of Texas, hereby promises to pay to i i or to the registered assignee or assignees of this Certificate or any portion or portions hereof (in each case, the "registered owner") the aggregate principal amount of $3,220,000 (THREE MILLION TWO HUNDRED TWENTY THOUSAND DOLLARS) in annual installments of principal due and payable on JULY 1 in ► each of the years, and in the respective principal amounts, as set forth in the following scheduler PRINCIPAL PRINCIPAL yEa$ AMOUNT gg,~g AMOUNT i 1996 $5600000 2001 $2000000 a 1997 580,000 2002 710,000 1998 600,000 2003 2200000 1 1999 1850000 2004 2300000 2000 1950000 2005 2400000 and to pay interest, calculated on the basis of a 360-day year composed of twelve 30-day months, from the date of this Certificate hereinafter sthted, on the balance of each such installment of principal, respectively, from time to time remaining unpaid, at the rates as followas 4 per annum on the above installment due in 1996 E ! per annum on the above installment due in 1997 w t per annum on the above installment due in 1998 per annum on the above installment due in 1999 _-t per annum on the above installment due in 2000 t per annum on the above installment due in 2001 per annum on the above installment due in 2002 m t per annum on the above installment due in 2003 = per annum on thf3 above installment due in 2004 per annum on the above installment duo in 2005 t per annum on the above installment due in 2006 ar 3 M 3 j ~f y rl l i Agenda No %-QO Agenda Item _ c ,29-at{ ` with said interest being payable on JANUARY 1, 1995, and semi- annually on each JULY 1 AND JANUARY 1 thereafter while this Certificate or any portion hereof is outstanding and unpaid. THE INSTALLMENTS OF PRINCIPAL OF AND THE INTEREST ON this Certificate are payable in lawful money of the United States of America, without exchange or collection charges. The installments of principal and the interest on this Certificate are payable to the registered owner hereof through the services of NATIONSBANK OF TEXAS, N.A., DALLAS, TEXAS, which is the "Paying Agent/Registrar" for this Certificate. Payment of all principal of and interest on this Certificate shall be made by the Paying Agent/Registrar to the registered owner hereof on each principal and/or interest payment date by check dated as of such date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Iss+ier required by the ordinance authorizing the issuance of this Certificate (the "Certificate ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such principal and/or interest payment date, to the registered owner hereof, at the address of the registered owner, as it appeared at the close of business on the 15th day of the month next preceding each such date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described. The Issuer covenants with the registered owner of this Certificate that on or before each principal and/or interest payment date for this Certificate it will make available to the Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Certificate ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on this,Certificate, when due. IF THE DATE for the payment of the principal of or interest on i this Certificate shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the City where the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such s Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to closer and payment on such date shall have the same force and effect as if made on the original date payment was due. THIS CERTIFICATE has been authorized in accordance with the Constitution and laws of the State of Texas FOR THE PURPOSE OF PAYING ALL OR A PORTION OF THE CITY'S CONTRACTUAL OBLIGATIONS INCURRED PURSUANT TO CONTRACTS FOR THE CONSTRUCTION OF PUBLIC 1 WORKS, TO-WITt (1) COMPUTER HARDWARE AND SOFTWARE SYSTEMS FOR POLICE, FIRE AND LIBRARY PURPOSES AND (2) VEHICLES AND EQUIPMENT FOR THE CITY'S MOTOR POOLE AND ALSO FOR THE PURPOSE OF PAYING ALL i' OR A PORTION OF THE CITY'S CONTRACTUAL OBLIGATIONS FOR PROFESSIONAL SERVICES OF ENGINEERING, ATTORNEYS, AND FINANCIAL ADVISORS IN CONNECTION WITH THE ABOVE CONTRACTS AND SAID CERTIFICATES OF OBLIGATION. 4 91. -z igBWdNU -Q~~ Agentlaltem (.bte 0 THIS CERTIFICATE, to the extent of the unpaid principal balance hereof, or any unpaid portion hereof in any integral multiple of $5,000, may be assigned by the initial registered owner hereof and shall be transferred only in tho Registration Books of the Issuer kept by the Paying Agent/Registrar acting in the capacity of registrar for the Certificates, upon the terms and conditions set forth in the certificate Ordinance. Among other requirements for such transfer, this Certificate must be presented and surrendered to the Paying Agent/Registrar for cancellation, together with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment by the initial registered owner of this Certificate, or any portion or portions hereof in any integral multiple of $5,000, to the assignee or assignees in whose name or names this Certificate or any such portion or portions hereof is or are to be transferred and registered. Any instrument or instruments of assignment satisfactory to the Paying Agent/Registrar may be used to evidence the assignment of this Certificate or any such portion or portions hereof by the initial registered owner hereof. A new certificate or certificates payable to such assignee or assignees (which then will be the new registered owner or owners of such new Certificate or Certificates) or to the initial registered owner as to any portion of this Certificate which is not being assigned and transferred by the initial registered owner, shall be delivered by the Paying Agent/Registrar in conversion of and exchange for this certificate or any portion or portions hereof, but solely in the form and manner as provided in the next paragraph hereof for the conversion and exchange of this Certificate or any portion hereof. The registered owner of this Cert ificate shall be deemed and treated by the issuer and the Paying Agent/Registrar as the absolute owner { hereof for all purposes, including payment and discharge of f liability upon this Certificate to the extent of such payment, and the issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary. AS PROVIDED above and in the Certificate Ordinance, this Certificate, to the extent of the unpaid principal balance hereof, may be converted into and exchanged for a like aggregate principal amount of fully registered certificates, without interest coupons, payable to the assignee or assignees duly designated in writing by the initial registered owner hereof, or to the initial registered owner as to any portion of this Certificate which is not being assigned and transferred by the initial registered owner, in any denomination or denominations in any integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitute certificate issued in exchange for any portion of this Certificate shall have a single stated principal maturity date), upon surrender of this Certificate to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedures sot forth in the Certificate Ordinance. If this Certificate or any portion hereof is assigned and transferred or converted each certificate issued in exchange for any portion hereof shall have a single stated principal maturity date corresponding to the due date of the installment of principal of this Certiticate or portion hereof for 5 3 - 10- ism which the substitute certificate is boing exchanged, and shall bear interest at the rate applicable to and borne by such installment of principal or portion thereof. No such certificate shall be payable in installments, but shall have only cne stated principal maturity date. AS PROVIDED IN THE CERTIFICATE ORDINANCE, THIS CERTIFICATE IN ITS PRESENT FORM MAY BE ASSIGNED AND TRANSFERRED OR CONVERTED ONCE ONLY, and to one or more assignees, but the certificates issued and delivered in exchange for this certificate or any portion hereof may be assigned and transferred, and converted, subsequently, as provided in the Certificate ordinance. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for transferring, converting, and exchanging this Certificate or any portion thereof, but the one requesting such transfer, conversion, and exchange shall pay any taxes or governmental charges required to be paid with respect thereto. The Paying Agent/Registrar shall not be required to make any such assignment, conversion, or exchange during the period commencing with the close of business on any Record Date and ending with the opening of business cr, the next following principal or interest payment date. IN THE EVENT any Paying Agent/Registrar for this certificate is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Certificate Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and promptly will cause written notice thereof to be mailed to the registered owner of this Certificate. r IT I6 HEREBY certified, recited, and covenanted that this Certificate has been duly and validly authorized, issued, and delivered: that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the \~J authorization, issuance, and delivery of this Certificate have been performed, existed, and been done in accordance with lawt that this certificate is a general obligation of the Issuer, issued on the full faith and credit thereofi and that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Certificate, &s such interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property in the Issuer, and have been pledged irrevocably for such payment, within the limit prescribed by laws and that, together with other parity obligations, this Certificate additionally is payable from and secured by certain surplus revenues (not to exceed $10,000 in aggregate amount) derived by the Issuer from the ownership and operation of the City's Utility System (consisting of the City's combined waterworks system, sanitary sewer system, and electric light and power system), all as provided in the Certificate Ordinance. THE ISSUER has reserved the right to issue, in accordance with law, and in accordance with the Certificate Ordinance, other and additional obligations, and to enter into contracts, payable from ad valorem taxes and/or revenues of the City's Utility System, on a parity with, or with respect to said revenues, superior in lien to, this Certificate. 6 i } Y ±1 ~genoaNa ~'~9 Agerdait rc NIP I - 19 12-7 BY BECOMING the registered owner of this Certificate, the registered owner thereby acknowledges all of the terms and provisions of the Certificate ordinance, agrees to be bound by such terms and provisions, acknowledges that the Certificate Ordinance is duly recorded and available for inspection in the official minutes and records of the governing body of the Issuer, and agrees that the terms and provisions of this Certificate and the Certificate Ordinance constitute a contract between the registered owner hereof and the Issuer. IN WITNESS WHEREOF, the Issuer has caused this Certificate to be signed with the manual signature of the Mayor of the Issuer and countersigned with the manual signature of the City Secretary of the Issuer, has caused the official seal of the Issuer to be duly impressed on this Certificate, and has caused this Certificate to be dated APRIL 11 1994. City Secretary, Mayor, City of Denton, Texas City of Denton, Texas (CITY SEAL) f FORM OF REGISRATION CERTIFICATE OF THE r COMPTROLLER OE PUBLIC ACCOUNTS- COMPTROLLER'S REGISTRATION CERTIFICATE- REGISTER NO. I hereby certify that this Certificate has been examined, certified as to validity, and approved by the Attorney General of the State of Texas, and that this Certificate has been registered by the Comptroller of Public Accounts of the State of Texas. Witness my signature and seal this . 0 Comptroller of Public Accounts of the State of Texas (COMPTROLLER'S SEAL) x Section 6. ADDITIONAL CHARACTERISTICS OF THE CERTIFICATES. Registration and Transfer. (a) The Issuer shall keep or cause to be kept at the principal corporate trust office of NATIONSBANK OF TEXAS, N.A., DALLAS, TEX?^ (the "Paying Agent/Registrar") books or records of the registrarion and transfer of the Certificates (the "Registration Books"), and the Issuer hereby appoints the Paying k` Agent/Registrar as its registrar and transfer agent to keep such books or records and make such transfers and registrations under such reasonable regulations as the Issuer and Paying Agent/Registrar may prescribes and the Paying Agent/Registrar shall a mako such transfers and registrations as herein provided. The 7 ty V, ~h N R1 Paying Agent/Registrar shall obtain and record in the Registration Books the address of the registered owner of each Certificate to which payments with respect to the Certificates shall be mailed, as herein provided= but it shall be the duty of each registered owner to notify the Paying Agent/Registrar in writing of the address to which payments shall be mailed, and such interest payments shall not be mailed unless such notice has been given. The issuer shall have the right to inspect the Registration Books during regular business hours of the-Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the Registration Books confidential and, unless otherwise required by law, shall not permit their inspection by any other entity. Registration of each Certificate may be transferred in tho Registration Books only upon presentation and surrender of such Certificate to the Paying Agent/Registrar for transfer of registration and cancellation, together with proper written instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, (i) evidencing the assignment of the Certificate, or any portion thereof in any integral multiple of $5,000, to tte assignee or assignees thereof, and (ii) the right of such assignee or assignees to have the Certificate or any such portion thereof registered in the name of such assignee or assignees. Upon the assignment and transfer of any Certificate or any portion thereof, a new substitute Certificate or Certificates shall be issued in conversion and exchange therefor in the manner herein provided. The Initial Certificate, to the extent of the unpaid principal balance thereof, may be assigned and transferred by the initial registered owner thereof once only, and to one or more assignees designated in writing by the initial registered owner thereof. All Certificates issued and delivered in conversion of and exchange for the Initial Certificate shall be in any denominatior or denominations of any integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitute Certificate { shall have a single stated principal maturity date), shall be in ` the form prescribed in the FORM OF SUBSTITUTE CERTIFICATE set forth in this ordinance, and shall have the characteristics, and may be assigned, transferred, and converted as hereinafter provided. If the Initial Certificate or any portion thereof i,a assigned and transferred or converted the Initial Certificate must be surrendered to the Paying Agent/Registrar for cancellation, and each Certificate issued in exchange for any portion o: the Initial Certificate shall have a single stated principal maturity date, and s%all not be payable in installmentsi and each such Certificate shall have a principal maturity date corresponding to the due date of the installment of principal or portion thereof for which the substitute Certificate is being exchangedi and each such Certificate shall bear interest at the single rate applicable to and borne by such installment of principal or portion thereof for which it is being exchanged. If only a portion of the Initial Certificate is assigned and transferred, there shall be delivered to and registered in the name of the initial registered owner substitute Certificates in exchange for the unassigned balance of the initial Certificate in the same manner as if the initial registered owner were the assignee thereof. If any Certificate or portion thereof other than the Initial Certificate is assigned and 8 I I ~~gen0aho A~ " Ag5n0aite iYtt9 ~ qi transferred or converted each certificate issued in exchange therefor shall have the same principal maturity date and bear interest at the same rate as the certificate for which it is exchanged. A form of assignment shall be printed or endorsed on each Certificate, excepting the Initial Certificate, which shall be executed by the rry!atered o•.-ner or its duly authorized attorney or representative to evidr-nce an assignment thereof. Upon surrender of any Certificates or any portion or portions thereof for transfer of registration, an authorized representative of the Paying Agent/Registrar shall make such transfor in the Registration Books, and shall deliver a new fully registered substitute Certificate or Certificates, having the characteristics herein described, payable to such assignee or assignees (which then will be the registered owner or owners of such new Certificate or Certificates), or to the previous registered owner in case only a portion of a Certificate is being assigned and transferred, bll in conversion of and exchange for said assigned Certificate or Certificates or any portion or portions thereof, in the same form and manner, and with the same effect, as provided in Section 6(d), below, for the conversion and exchange of Certificates by any registered owner of a Certificate. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for making such transfer and delivery of a substitute Certificate or Certificates, but the one requesting such transfer shall pay any taxes or other governmental charges required to be paid with respect thereto. The Paying Agent/Registrar shall not be required to make transfers of registration of any Certificate or any portion thereof during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date. (b) Ow a shin of Certifi a es. The entity in whose name any Certificate shall be registered in the Registration Books at any time shall be deemed and treated as the absolute owner thereof for all purposes of this ordinance, whether or not such Certificate shall be overdue, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contraryt and payment of, or on account of, the principal of, premium, if any, and interest on any such Certificate shall be made only to such registered owner. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Certificate to the extent of the sum or sums so ,aid. (e) Pa4;,,er±t of Certifi ac tes and interest. The Issuer hereby further appoints the Paying Agent/Registrar to act as the paying agent for paying the principal of and interest on the Certificates, and to act as its agent to convert and exchange or replace Certificates, all as provided in this ordinance. The Paying Agent/Registrar shall keep proper rocords of all payments made by the Issuer and the Paying Agent/Registrar with respect to the Certificates, and of all conversions aiA exchanges of Certificates, and all replacements of Certificates, as provided in this ordinance. s ~enti, _~1-~--dam---- 9- Lw rriQ /U07 (d) conversion and Exchange or Replacements Authentication. Each Certificate issued and delivered pursuant to this ordinance, to the extent of the unpaid principal balance or principal amount thereof, may, upon surrender of such Certificate at the principal corporate trust office of the Paying Agent/Registrar, together with a written request therefor duly executed by the registered owner or the assignee or assignees thereof, or its or their duly authorized attorneys or representatives, with guarantee of signatures satisfactory to the Paying Agent/Registrar, may, at the option of the registered owner or such assignee or assignees, as appropriate, be converted into and exchanged for fully registered certificates, without interest coupons, in the form prescribed in the FORM OF SUBSTITUTE CERTIFICATE set forth in this Ordinance, in the denomination of $5,000, or any integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitute Certificate shall have a single stated maturity date), as requested in writing by such registered owner or such assignee or assignees, in an aggregate principal amount equal to the unpaid principal balance or principal amount of any Certificate or certificates so surrendered, and payable to the appropriate registered owner, assignee, or assignees, as the case may be. If the Initial Certificate is assigned and transferred or converted each substitute Certificate issued in exchange for any portion of the Initial Certificate shall have a single stated principal maturity date, and shall not be payable in installments; and each such Certificate shall have a principal maturity date corresponding to the due date of the installment of principal or portion thereof for which the substitute Certificate is being exchanged; and each such Certificate shall bear interest at the single rate applicable to and borne by such installment of principal or portion thereof for which it is being exchanged. If any Certificate or portion thereof (other than the Initial Certificate) is assigned and transferred or converted, each Certificate issued in exchange therefor shall have the same principal maturity date and bear interest at the same rate as the Certificate for which it is being exchanged. Each J1 substitute Certificate shall bear a letter and/or number to ~J distinguish it from each other Certificate. The Paying eat Reoistr exchange or replace Certificates ar shall convert and Ag / as provlcied herein, and each fully registered certificate delivered in conversion of and exchange for or replacement of any Certificate or portion thereof as permitted or required by any provision of this Ordinance shall constitute one of the Certificates for all purposes of this Ordinance, and may again be converted and exchanged or replaced. It is specifically provided that any Certificate authenticated in conversion of and exchange for or replacement of anather certificate on or prior to the first scheduled Record Date for the initial Certificate shall bear interest from the date of the initial Certificate, but each substitute certificate so authenticated after such first scheduled Record Date shall bear interest from the interest payment date next preceding the date on which such substitute certificate was so authenticated, unless such Certificate is authenticated after any Record Date but on or before the next following interest payment date, in which case it shall bear interest from such next following interest payment date; provided, however, that if at the time of 10 r y~e~da~o 9~ agenda;cam J00 )are - ~ delivery of any substitute Certificate the interest on the Certificate for which it is being exchanged is due but has not been paid, then such Certificate shall bear interest from the date to which such interest has been paid in full. THE INITIAL CERTIFICATE issued and delivered pursuant to this Ordinance is not required to be, and shall not be, authenticated by the Paying Agent/Registrar, but on each substitute Certificate issued in conversion of and exchange for or replacement of any Certificate or Certificates issued under this Ordinance there shall be printed a certificate, in the form substantially as follows: "PAYING AGENT/REGISTRARIS AUTHENTICATION CERTIFICATE It is hereby certified that this Certificate has been issued under the provisions of the Certificate Ordinance described on the face of this Certificates and that this Certificate has been issued in conversion of and exchange for or replacement of a certificate, certificates, or a portion of a certificate or certificates of an issue which originally was approved by the Attorney Genera: of the State of Texas and registered by the ;omptroller of Public Accounts of the State of Texas. NATIONSBANK OF TEXAS, N.A., DALLAS, TEXAS Paying Agent/Registrar Dated ay Authorized Representative" An authorized representative of the Paying Agent/Registrar shall, before the delivery of any such Certificate, date and manually sign the above Certificate, and no such Certificate shall be deemed to be issued or outstanding unless such certificate The Paying Agent/Registrar promptly shall cancel alin so executed. l Certificates surrendered for conversion and exchange or replacement. No additional ordinances, orders, or resolutions need be passed or adopted by the governing body of the Issuer or any other body or person so as to accomplish the foregoing conversion and exchange or replacement of any certificate or portion thereof, and the Paying Agent/Registrar shall provide for the printing, execution, and of the herein and said substitute hallcbesof type composition Aprinted on paper with lithographed or steel engraved borders of customary weight and strength. Pursuant to Vernon's Ann. Tex. Civ. St. Art. 717k-6, and particularly Section 6 thereof, the duty of conversion and exchange or replacement of Certificates imposed upon the Paying Agent/Registrar, and as , upaonothe execution of the above Paying Agent/Registrarl's Authentication Certificate, the y; converted and exchanged or replaced Certificate shall be valid, incontestable, and enforceable in the same manner and with the same effect as the Initial Certificate which originally was issued pursuant to this Ordinance a registered by the Comptroller ofroPublic Accounts. The Issuerlshall pay the Paying Agent/Registrar's standard or customary fees and t, 11 i ]B'tl~ 1~o Q4- '7- ~ of 7 charges for transferring, converting, and exchanging any Certificate or any portion thereof, but the one requesting any such transfer, conversion, and exchange shall pay any taxes or governmental charges required to be paid with respect thereto as a condition precedent to the exercise of such privilege of conversion and exchange. The Paying Agent/Registrar shall not be required to make any such conversion and exchange or replacement of Certificates or any portion thereof during the period commencing with the close of business on any Record Date and ending with the op&ling of business on the next following principal or interest payment date. (e) In General. All Certificates issued in conversion and exchange or replacement of any other Certificate or portion thereof, (i) shall be issued in fully registered form, without interest coupons, with the principal of and interest on such Certificates to be payable only to the registered owners thereof, (ii) may he transferred and assigned, (iii) may be converted and exchanged for other Certificates, (iv) shall have the characteristics, (v) shall be signed and sealed, and (vi) the principal of and interest on the Certificates shall be payable, all as provided, and in the manner required or indicated, in the FORM OF SUBSTITUTE CERTIFICATE set forth in this ordinance. (f) Payment of Fees and Charges. The Issuer hereby covenants with the registered owners of the certificates that it will (i) pay the standard or customary fees and charges of the Paying Agent/Registrar for its services with respect to the payment of the principal of and interest on the Certificates, when due, and (ii) pay the fees and charges of the Paying Agent/Registrar for services with respect to the transfer of registration of Certificates, and with respect to the conversion and exchange of Certificates solely to the extent above provided in this ordinance. (g) Substitute Paying Agent/Registrar. The Issuer covenants with the registered owners of the Certificates that at all times while the Certificates are outstanding the Issuer will provide a competent and legally qualified bank, trust company, financial institution, or other agency to act as and perform the services of Paying Agent/Registrar for' the Certificates under this ordinance, nd that the Paying Agent/Registrar will be one entity. The Issuer reserve9 the right to, and may, at its option, change the Paying Agent/Registrar upon not less than 120 days written notice to the Paying Agent/Registrar, to be effective not later than 60 days prior to the next principal or interest payment date after such notice. In the event that the entity at any time acting as Paying Agent/Registrar (or its successor by merger, acquisition, or other method) should resign or otherwise cease to act as such, the Issuer covenants that promptly it will appoint a competent and legally qualified bank, trust company, financial institution, or other agency to act as Paying Agent/Registrar under this ordinance. Upon any change in the Paying Agent/Registrar, the previous Paying Agent/Registrar promptly shall transfer and deliver the Registration Books (or a copy thereof), along with all other pertinent books and records relating to the Certificates, to the 12 4gtaQ3llem ..g~..r~.-. }P 015" 1 new Paying Agent/Registrar designated and appointed by the Issuer. Upon any change in the Paying Agent/Registrar, the Issuer promptly will cause a written notice thereof to be sent by the new Paying Agent/Registrar to each registered owner of the Certificates, by United States mail, first-class postage prepaid, which notice also shall give the address of the new Paying Agent/Registrar. By accepting the position and performing as such., each Paying Agent/Registrar shall be deemed to have agreed to the provisions of this ordinance, and a certified copy of this ordinance shall be delivered to each Paying Agent/Registrar. Section 7. FORT! OF SUBSTITUTE CERTIFICATES, The form of all Certificates issued in conversion and exchange or replacement of any other Certificate or portion thereof, including the form of Paying Agent/Registrar,1s Certificate to be printed on each of such Certificates, and the Form of Assignment to be printed on each of the Certificates, shall be, respectively, substantially as follows, with such appropriate variations, omissions, or insertions as are permitted or required by this Ordinance. FORM OF SUBSTITUTE CERTIFICATE (Book-Entry Only Legend, if appropriate) i NO. UN1Tru STATES OF AMERICA PRINCIPAL AMOUNT STATE OF TEXAS $ j COUNTY OF DENTON CITY OF DENTON CERTIFICATE OF OBLIGATION 1 SERIES 1994 l ORIGINAL ISSUE ~J INTEREST RATE MATURITY DATE DATE CUSIp NQ } April It 1994 ON THE MATURITY DATE specified above the CITY OF DENTON, in Denton County, Texas (the "Issuer"), being a political subdivision of the State of Texas, hereby promises to pay to f ' or to the registered assignee hereof (either being hereinafter called the "registered owner") the principal amount of and to pay interest thereon, calculated on the basis of a 360-day year composed of twelve 30-day months, from APRIL It 1994, to the maturity date specified above, at the interest rate per annuri specified above; with interest being payable an JANUARY 1, 1995, and semiannually on each JULY 1 and JANUARY 1 thereafter, except that if the date of authentication of this Certificate is later than the first Record Date (hereinafter defined), such principal 13 Abe! ~?t;e7+~~___ amount shall bear interest from the interest payment date next preceding the date of authentication, unless such date of authentication is after any Record Date (hereinafter defined) but on or before the next following interest payment date, in which case such principal amount shall bear interest from such next following interest payment date. THE PRINCIPAL OF AND INTEREST ON this Certificate are payable in lawful money of the United States of America, without exchange or collection charges. The principal of this Certificate shall be paid to the registered owner hereof upon presentation and surrender of this Certificate at maturity, at the principal corporate trust office of NATIONS BANK OF TEXAS, N.A., DALLAS, TEXAS, which is the "Paying Agent/Registrar" for this Certificate. The payment of interest on this Certificate shall bo made by the Paying Agent/Registrar to the registered owner hereof on each interest payment date by check dated as of such interest payment date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the issuer required by the ordinance a~:thorizing the issuance of the Certificates (the "Certificate Ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such interest payment date, to the registered owner hereof, at the address of the registered evner, as it appeared at the close of business on the 15th day of the month next preceding each such date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described. However, the payment of such interest may be made by any other method acceptable to the Paying Agent/Registrar and requested by, and at the risk and expense of, the registered owner hereof. The Issuer covenants with the registered owner of this Certificate that on or before each payment date l principal , at payment date and accrue payment date for this Certificate ' d interest it will make available to the Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Certificate ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on the Certificates, when due. IF THE DATE for the payment of the principal of or interest on this Certificate shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the City where the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. THIS CERTIFICATE is one of an issue of Certificates initially dated APRIL 1, 1994, authorized in accordance with the Constitution and laws of the State of Texas in the principal amount of $30220,000, FOR THE PURPOSE OF PAYING ALL OR A PORTION OF THE CITY#S CONTRACTUAL OBLIGATIONS INCURRED PURSUANT TO CONTRACTS FOR THE CONSTRUCTION OF PUBLIC WORKS, TO-WIT: (1) COMPUTER HARDWARE 14 r' r gG!-DO g lyu f C / q4q, rsdd AND SOFTWARE SYSTEMS FOR POLICE, FIRE AND LIBRARY PURPO ES AND (2) VEHICLES AND EQUIPMENT FOR THE CITY'S MOTOR POOL= AND ALSO FOR THE PURPOSE OF PAYING ALL OR A PORTION OF THE CITY'S CONTRACTUAL OBLIGATIONS FOR PROFESSIONAL SERVICES OF ENGINEERING, ATTORNEYS, AND FINANCIAL ADVISORS IN CONNECTION WITH THE ABOVE CONTRACTS AND SAID CERTIFICATES OF OBLIGATION. THIS CERTIFICATE OR ANY PORTION OR PORTIONS HEREOF IN ANY INTEGRAL MULTIPLE OF $5,000 may be assigned and shall be transferred only in the Registration Books of the issuer kept by the Paying Agent/Registrar acting in the capacity of registrar for the Certificates, upon the terms and conditions set forth in the Certificate Ordinance. Among other requirements for such assignment and transfer, this Certificate must be presented and surrendered to the Paying Agent/Registrar, together with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment of this Certificate or any portion or portions hereof in any integral multiple of $5,000 to the assignee or assignees in whose name or names this Certificate or any such portion or portions hereof is or are to be transferred and registered. The form of Assignment printed or endorsed on this Certificate shall be executed by the registered owner or its duly authorized attorney or representative, to evidence the assignment hereof. A new Certificate or Certificates payable to such assignee or assignees (which then will be the new registered owner or owners of such new Certificate or Certificates), or to the previous registered owner in the case of the assignment and transfer of only a portion of this Certificate, may be delivered by the Paying Agent/Registrar in conversion of and exchange for this Certificate, all in the form and manner as provided in the next paragraph hereof for the conversion and exchange of other Certificates. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for making such transfer, but the one requesting such J transfer shall pay any taxes or other governmental charges required to be paid with respect thereto. The Paying Agent/Registrar shall not be required to make transfers of registration of this Certificate or any portion hereof during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date. The registered owner of this Certificate shall be deemed and treated by the Issuer and the Paying Agent/Registrar as the absolute owner hereof for all purposes, including payment and discharge of liability upon this Certificate to the extent of such payment, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary. ALL CERTIFICATES OF THIS SERIES are issuable solely as fully registered certificates, without interest coupons, in the denomination of any integral multiple of $5,000. As provided in the Certificate Ordinance, this Certificate, may, at the request of the registered owner or the assignee or assignees hereof, be converted into and exchanged for a like aggregate principal amount of fully registered certificates, without interest coupons, payable to the appropriate registered owner, assignee, or assignees, as the 15 I b uuUU.Jr- 3go~daltem case may be, having the same maturity date, and bearing interest at the same rate, In any denomination or denominations in any integral multiple of $5,000 as requested in writing by the appropriate registered owner, assignee, or assignees, as the case may be, upon surrender of this Certificate to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the Certificate Ordinance. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for transferring, converting, and exchanging any Certificate or any portion thereof, but the one requesting such transfer, conversion, and exchange shall pay any taxes or governmental charges required to be paid with respect thereto as a condition precedent to the exercise of such privilege of conversion and exchange. The Paying Agent/Registrar shall not be required to make any such conversion and exchange during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date. IN THE EVENT any Paying Agent/Registrar for the Certificates is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Certificate Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and promptly will cause written notice thereof to be mailed to the registered owners of the Certificates. IT IS HEREBY certified, recited, and covenanted that this Certificate has been duly and validly authorized, issued, and F delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the o authorization, issuance, and delivery of this Certificate have been performed, existed, and been done in accordance with law; that this Certificate in a general obligation of the Issuer, issued on the full faith and credit thereof; and that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Certificate, as such interest comes due and such principal matures, have been levied and ordered to be levied ? against all taxable property in the Issuer, and have been pledged irrevocably for such payment, within the limit prescribed by law; and that, together with other parity obligations, this Certificate, and the other Certificates of this Series, additionally are payable from and secured by certain surplus revenues (not to exceed $10,000 in aggregate amount) derived by the Issuer from the ownership and operation of the City's Utility System (consisting of the City's a combined waterworks system, sanitary sewer system, and electric light and power system), all as provided in the Certificate Ordinance. THE ISSUER has reserved the right to issue, in accordance with law, and in accordance with the Certificate Ordinance, other and additional obligations, and to enter into contracts, payable from ad valorem taxes and/or revenues of the City's Utility System, on a parity with, or with respect to said revenues, superior in lien to, this Certificate. 5 16 4 ,Y AyendaNO-60 Agendaliem. ate„af BY BECOMING the registered owner of this Certificate, the registered owner thereby Acknowledges all of the terms and provisions of the Certificate Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Certificate Ordinance is duly recorded and available for inspection in the official minutes and records of the governing body of the Issuer, and agrees that the terms anu provisions of this Certificate and the Certificate Ordinance constitute a contract between each registered owner hereof and the Issuer. IN WITNESS WHEREOF, the Issuer has caused this Certificate to E be signed with the manual or facsimile signature of the Mayor of the Issuer and countersigned with the manual or facsimile signature of the City Secretary of the Issuer, and has caused the official seal of the Issuer to be duly impressed, or placed in facsimile, on this Certificate. City Secretary, Mayor, City of Denton, Texas City of Denton, Texas Y (CITY SEAL) FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE g F PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE It is hereby certified that this Certificate has been issued under the provisions of the Certificate Ordinance described on the r face of this Certificatet and that this Certificate has been issued in conversion of and exchange for or replacement of a certificate, a certificates, or a portion of a certificate or certificates of an issue which originally was approved by the Attorney General of the l State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. NATIONSBANK OF TEXAS, N.A., DALLAS, TEXAS Paying Agent/Registrar Dated BY Authorized Representative l 17 l { 4 1 I a ..5! ! k' E t ~ OmJaNo 94-4-009 FORM OF ASSIGNMENT: C~1tC ASSIGNMENT / ~OF z7 FOR VALUE RECEIVED, tha undersigned registered owner of this Certificate, or duly authorized representative or attorney thereof, hereby assigns this Certificate to (Assignee's social (print or typewrite Assignee's name and Security or Taxpayer address, including zip code) Identification Number and hereby irrevocably constitutes and appoints attorney to transfer the registration of this Cert f cats on the Paying Agent/Registrar's Registration Books with full power of f substitution in thr premises. Dated: 1 Signature Guaranteed: I a NOTICE: S gnature(s) must be Registered Owner guaranteed by an eligible NOTICE: This signature must guarantor institution correspond with the name of participating in a securities the Registered Owner appear- 1 transfer association rogognized ing on the face of this Cer- F signature guarantee program. tificate. Section e. (a) TAX LEVY. A special Interest and Sinking Fund (the "interest and sinking Fund") is hereby created solely for the benefit of the Certificates, and the Interest and Sinking Fund shall be established and maintained by the Issuer at an official depository bank of the Issuer. The Interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of the Issuer, and shall be used only for paying the interest on and principal of the Certificates. All ad valorem taxes levied and collected for and on account of the Certificates shall be deposited, as collected, to the credit of the interest and Sinking Fund. During each year while any of the Certificates or interest thereon are outstanding and unpaid, the governing body of the Issuer shall compute and ascertain a rate and amount of ad valorem tax which will be sufficient to raise and produce the money required to pay the interest on the Certificates as such interest becomes due, and to provide and maintain a sinking fund adequate to pay the principal of its Certificates as such principal matures (but never less then 24 of the original principal amount of the Certificates as a sinking fund each years and said tax shall be 18 ,w I 1 j i L r __i_~I~L.= C/ based on the latest approved tax rolls of the Issuer/ /with full allowance being made for tax delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable property in the Issuer for each year while any of the Certificates or interest thereon are outstanding and unpaid; and said tax shall be assessed and collected each such year and deposited to the credit of the aforesaid Interest and Sinking Fund. Said ad valorem taxes .Sufficient to provide for the payment of the interest on and principal of the Certificates, as such interest comes due and such principal matures, are hereby pledged for such payment, within the limit prescribed by law. (b) APPROPRIATION. There is hereby appropriated from surplus funds of the Issuer now on hand and lawfully available for such purpose, and shall be deposited into the Interest and Sinking Fund for the Certificates, the amount of money required to pay the interest coming due on the Certificates on January 1, 1995. The money thus Appropriated and deposited shall be used for no purpose other than to pay said interest on the Certificates. The appropriate officials of the Issuer are hereby authorized and directed to do any and all things necessary or convenient to accomplish said appropriation and deposit. Section 9. SURPLUS REVENUES. The Certificates additionally shall be payable from and secured by surplus revenues, to the extent hereinafter permitted, derived by the Issuer from the ownership and operation of the Issuer's Utility System (consisting of its combined waterworks system, sanitary sewer system, and electric light and power system) remaining after (a) payment of all amounts constituting operation and maintenance expenses of said Utility System, and (b) payment of all debt service, reserve, and other requirements and amounts required to be paid under all ordinances heretofore or hereafter authorising (i) all bonds and ` (ii) all other obligations not on a parity with the Certificates, which are payable from and secured by any Utility System revenues, and (c) payment of all amounts payable from any Utility System revenues pursuant to contracts heretofore or hereafter entered into by the Issuer in accordance with law (the "Surplus Revenues"), if, for any reason, the Issuer fails to deposit ad valorem taxes levied pursuant to Section 8 hereof to the credit of the Interest and Sinking Fund in an amount sufficient to pay, when due, the principal of and interest on the Certificates, then Surplus Revenues, to the extent hereinafter permitted, shall be deposited to the credit of the interest and Sinking Fund and used to pay such 7 principal and/or interest. A maximum aggregate of $10,000 of Surplus Revenues may be used to pay principal and/or interest on the Certificates and any obligations on a parity therewith. The F Certificates and any obligations on a parity therewith are not, and shall not be de&med to be, payable from or secured by any Surplus Revenues in excess of an aggregate of $10,000. Until and unless an aggregate of $10,000 of Surplus Revenues actually is used to pay any such principal and/or interest, additional obligations, payable from and secured by all or any remaining unused ;art of said aggregate of $10,000 of Surplus Revenues, may be issued by the 19 I ~gendaNo. q°L.. '~~~Caftem # Issuer on a parity with the Certificates -abdr outstanding parity obligations, with the Certificates and al 1 such > additional parity obligations to be payable from and secured equally and ratably by all or any remaining unused part of said aggregate. The Issuer reserves, and shall have, the right to issue bonds, and other obligations not on a parity with the Certificates, and to enter into contracts, in accordance with applicable laws, to be payable from and secured by any Utility System revenues other than the aggregate of $10,000 of surplus Revenues as described above. The Certificates are on a parity with those issues of city of Denton Certificates of obligation, Series 1987, Series 1987-A, Series 1989, Series 1989-A, Series 1991, Series 1992, Series 1993 and Series 1993-A, as permitted in the ordinances authorizing same; and it is hereby found and determined that none of the above defined surplus Revenues have ever been used to rincial and/or interest on said City of Denton CertificatesyofnObligation, Series 1987, Series 1987-A, Series 1989, Series 1989-A, Series 1991, Series 1992, Series 1993 or Series 1993-A. Section 10. DEFEASANCE OF CERTIFICATES. and the interest thereon shall be deemed to be paid, retired, and no longer outstanding (a "Defeased Certificate") within the meaning of this ordinance, except to the extent provided in subsection (d) of this Section, when payment of the principal of such Certificate, plus interest thereon to the due date either (i) ^hall have been made or caused to be made in accordance with the terms thereof, or (ii) shall have been irrevocably depositingrwith e or omakingravailableu to the dPaying Agent/Registrar for such payment (1) lawful money of the United States of America sufficient to make such payment or (2) Government Obligations which mature as to principal and interest in such a amounts and at such times as will incurs the availability, without j reinvestment, of sufficient money to provide for such a when proper arrangements have been made by the Issuer with the Paying Agent/Registrar for the payment of its services until all Defeased Certificates shall have become due and time as a Certificate shall be deemed to be a Defeaa. At such sedlCertificate hereunder, as aforesaid, such Certificate and the interest thereon shall no longer be secured by, payable from, or entitled to the benefits of, the ad valorem taxes herein levied and pledged as provided in this Ordinance, and such principal and interest shall be payable solely from such money or Government Obligations. (b) Any moneys so deposited with the Paying Agent/Registrar may at the written direction of the Issuer also be invested in Government Obligations, maturing in the amounts and times as hersinbefore set forth, and all income from such Government obligations received by the Paying Agent/Registrar which is not required for the payment of the Certificates and interest thereon, with respect to which such money has been so deposited, shall be turned over to the Issuer, or deposited as directed in writing by the Issuer. ij 20 3: u z. 7^---- A( cf'27 (c) The term "Government Obligations" as used in this Section shall mean direct obligations of the United States of America, including obligaticns the principal of and interest on which are unconditionally guaranteed by the United States of America, which may be United States Treasury obligations such as its State and Local Goverment Series, which may be in book-entry form. (d) Until all Defeased certificates shall have become due and payable, the baying Agent/Registrar shall perform the services of Paying Agent/Registrar for such Defeased Certificates the same as if they had not been defeased, and the Issuer shall make proper arrangements to provide and pay for such services as required by this Ordinance. Section 11. DAMAGED, MUTILATED, LAST, STOLEN, OR DESTROYED CERTIFICATES. (a) Replacement Certificates. In the event any outstanding Certificate is damaged, mutilated, lost, stolen, or destroyed, the Paying Agent/Registrar shall cause to be printed, executed, and delivered, a new certificate of the same principal amount, maturity, and interest rate, as the damaged, mutilated, lost, stolen, or destroyed Certificate, in replacement for such Certificate in tho manner hereinafter provided. (b) Application for Replacements Certificates. Application for replacement of damaged, mutilated, lost, stolen, or destroyed Certificates shall be made by the registered owner thereof to the Paying Agent/Registrar. In every case of less, theft, or destruc%:ion of a Certificate, the registered owner applying for a replacement certificate shall furnish to the Issuer and to the Paying Agent/Registxar ouch security or indemnity as may be respired by them to save etch of them harmless from any loss or damage with respect thereto, Also, in every case of loss, theft, or destruction of a Certificate the registered owner shall furnish to the Issuer and tho paying Agent/Registrar evidence to their satisfaction of the loss, theft, or destruction of such Certificate, as the case may be. In every case of damage or mutilation of a Certificate, the registered owner shall surrender to the Paying Agent/Registrar for cancellation the Certificate so damaged or mutilated. (C) No Default o<curred. Notwithstanding the foregoing provisions of this Section, in the event of any such Certificate shall have matured, and no default has occurred which is then continuing in the payment of the principal of, or interest on the Certificate, the issuer may authorize the paymont of the same (without surrender thereof except in the case of a damaged or mutilated Certificate) instead of issuing a replacement Certificate, provided security or indemnity is furnished as above provided in this section. (d) Charge for Issuing Replacement Certificates. Prior to the issuance of any replacement certificate, the Paying Agent/Registrar shall char(je the registered owner of such Certificate with all legal, printing, and other expenses in connection therewith. Every replacement certificate issued 21 i r V¢^daNo _4L ~,:4 ~ r ;Em Ac' C/ V pursuant to the provisions of this Section by virtue of the fact that any Certificate is lost, stolen, or destroyed shall constitute a contractual obligation of the Issuer whether or not the lost, stolen, or destroyed Certificate shall be found at any tire, or be enforceable by anyone, and shall be entitled to all the benefits of this ordinance equally and proportionately with any and all other Certificates duly issued under this ordinance. (e) nnrhority for issuing y°nlac°manl Certificates. In accordance with Section 6 of Vernon's Ann. Tex. Civ. St. Art. 717k- 60 this section of this Ordinance shall constitute authority for the issuance of any such replacement certificate without necessity of further action by the governing body of the Issuer or any other body or person, and the duty of the replacement of such certificates is hereby authorized and imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall authenticate and deliver such Certificates in the form and manner and with fthe or effect, as provided in Section 6(d) of this Certificates issued in conversion and exchange for other Certificates. Section 12. CUSTODY, APPROVAL, AND REGISTRATION OF CERTIFICATESi CERTIFICATE COUNSEL'S OPINION, CUSIP NUMBERS, PREAMBLE AND INSURANCE. The Mayor of the issuer is hereby authorized to have control of the Initial Certificate issued hereunder and all necessary records and proceedings pertaining to the initial Certificate pending its delivery and its investigation, examination, and approval by the Attorney General of the State of Texas, and its registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of the Initial r Certificate said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate on the Initial certificate, and the seal of said comptroller shall be impressed, or placed in facsimile, on the Initial Certificate. The approving legal opinion of the issuer's Bond counsel and the assigned CUSIP ~J numbers may, at the option of the Issuer, be printed on the initial Certificate or on any Certificates issued and delivered in conversion of and exchange or replacemont of any certificate, but neither shall have any legal effect, and shall be solely for the convenience and information of the registered owners of the Certificates. The preamble to this Ordinance is hereby adopted and made a part hereof for all purposes. if insurance is obtained on d all other the initial an any of the Certificates shall Certificates, a an appropriate leg ndfconcerning insurance as provided by the insurer. Section 13. COVENANTS REGARDING TAX-EXEMPTION The Issuer covenants to refrain from taking any action which would adversely affect, and to take any action required to ensure, the treatment of the Certificates as obligations described in section 103 of the Code, the interest on which is not includable in the "gross income" of the holder for purposes of federal income taxation. In furtherance thereof, the Issuer covenants as followss 22 t . 4 i I ,prr,U.;liein I'LICT ~N (a) to take any action to assure that no more than 10 percent of the proceeds of the Certificates or the project financed therewith (less amounts deposited to a reserve fund, if any) are used for any "private business use", as defined in section 141(b)(6) of the code or, if more than 30 percent of the proceeds or the project financed therewith are so used, such amounts, whether or not received by the Issuer, with respect to such private business use, do not, under the terms of this ordinance or any underlying arrangement, directly or indirectly, secure or provide for the payment of more than 10 percent of the debt service on the Certificates, in contravention of section 141(b)(2) of the Code; (b) to take any action to assure that in the event that the "private business use" described in subsection (a) hereof exceeds 5 percent of the proceeds of the Certificates or the project financed therewith (less amounts deposited into a reserve fund, if any) then the amount in excess of 5 percent is used for a "private business use" which is "related" and not "disproportionate", within the meaning of section 141(b)(3) of the Code, to the governmental use; (o) to take any action to assure that no amount which is greater than the lesser of $5,000,000, or 5 percent of the proceeds of the Certificates (less amounts deposited into a reserve fund, if any) is directly or indirectly used to finance loans to persons, other than state or local I" 1 governmental units, in contravention of section 141(0) of the i1 (d) to refrain from taking any action which would t otherwise result in the Certificates being treated as "private activity bonds" within the meaning of section 141(b) of the t Code; (e) to refrain from taking any action that would result in the Certificates being "federally guaranteed" within the meaning of section 149(b) of the Code; t to refrain from using any portion of the proceeds of the Certificates, directly or indirectly, to acquire or to replace funds which were used, directly or indirectly, to acquire investment property (as defined in section 148(b)(2) of the Code) which produces a materially higher yield over the t term of the certificates, other than investment property acquired with (1) proceeds of the Certificates invested for a reasonable temporary period of 3 year3 or less, or in the i case of a refunding certificate for a period of 30 days or less, until such proceeds are needed for the purpose for which the certificates are issued, , s s: G, 23 F Agenda NO_ Agendaite~ D to _ 2 (2) amounts invested in a bona fide debt service fund, within the meaning of section 1.103-13(b)(12) of the Treasury Regulations, and (3) amounts deposited in any reasonably required reserve or replacement fund to the extent such amounts do not exceed 10 percent of the proceeds of the Certificatesi (g) to otherwise restrict the use of the proceeds of the Certificates or amounts treated as proceeds of the Certificates, as may be necessary, so that the certificates do not otherwise contravene the requirements of section 148 of the Code (relating to arbitrage) and, to the extent applicable, section 149(d) of the Code (relating to advance refundings): (h) to pay to the United States of America at least once during each five-year period (beginning on the date of delivery of the Certificates) an amount that is at least equal to 90 percent of the "Excess Earnings", within the meaning of section 148(f) of the Code and to pay to the United States of America, not later that 60 days after the Certificates have been paid in full, 100 percent of the amount then required to be paid as a result of Excess Earnings under section 148(f) of the Code; and (i) to maintain such records as will enable the Issuer to fulfill its responsibilities under this section and section 148 of the Code and to retain such records for at least six years following the final payment of principal and interest on the Certificates. It is the understanding of the Issuer that the covenants contained herein are intended to assure compliance with the Code and any regulations or rulings promulgated by the U.S. Department of the Treasury pursuant tLereto. In the event that regulations or rulings are hereafter promulgated which modify, or expand provisions of the Code, as applicable to the Certificates, the Issuer will not be required to comply with any covenant contained herein to the extent that such failure to comply, in the opinion of nationally-recognized bond counsel, will not adversely affect the exemption from federal income tixation of interest on the Certificttes under section 103 of the Code. In the event that regulations or rulings are in furtherance of such intention, the Issuer hereby authorizes and directs the Kayor and/or the Director of Finance of the Iesuia• to execute a.y docu-ants, certificates or reports required by the Code and to make such elections, on behalf of the Issuer, which may be permitted by the Code as are consistent with the purpose for the issuance of the Certificate. Seohion 14. SALE OF INITIAL CERTIFICATE. The Initial Certificcte is hereby sold and shall be delivered to for cash for the par value thereof and accrued interest thereon to date of delivery, plus a premium of 24 f~ J ~Q rdaNO_ ?I BgC - Ager,da~t~QQm~ / Z7 (2) amounts invested in a bona fide debt service fund, within the meaning of section 1.103-13(b)(12) of the Treasury Regulations, and (3) amounts deposited in any reasonably required reserve or replacement fund to the extent such amounts do not exceed 10 percent of the proceeds of the Certificatesi (g) to otherwise restrict the use of the proceeds of the Certificates or amounts treated as proceeds of the Certificates, as may be necessary, so that the Certificates do not otherwise contravene the requirements of section 148 of the Code (relating to arbitrage) and, to the extent applicable, section 149(d) of the Code (relating to advance refundings)i (h) to pay to the United States of America at least once during each five-year period (beginning on the date of delivery of the Certificates) an amount that is at least equal to 90 percent of the "Excess Earnings", within the meaning of section 148(f) of the Code and to pay to the United States of America, not later that 60 days after the Certificates have been paid in full, 100 percent of the amount then required to be paid as a result of Excess Earnings under section 148(f) of the Code: and (i) to maintain such records as will enable the Issuer to fulfill its responsibilities under this section and section 148 of the Code and to retain such records for at least six years following the final payment of principal and interest on the Certificates. It is the understanding of the Issuer that the covenants contained herein are intended to assure compliance with the Code and any regulations or rulings promulgated by the U.S. Department of the Treasury pursuant thereto. In the event that regulations or _ J rulings are hereafter promulgated which modify, or expand provisions of the Code, as applicable to the Certificates, the Issuer will not be required to comply with any covenant contained herein to the extent that such failure to comply, in the opinion of nationally-recognised bond counsel, will not adversely affect the exemption from federal income taxation of .'.ntereat on the 3 Certificates under section 103 )f this Code. Iii the event that regulations or rulings are in furtherance of such intention, the lasuer hereby authorizes and directs the Mayor and/or the Director of Finance of the Issue,-, to execute any documents, certifi%ates or reports required by the Code and to make such elections, on behalf of the Issuer, which may be permitted by the Code as are consistent with the purpose for the issuance of the Certificate. Section 14. BALE OF INITIAL CERTIFICATE. The Initial Certificate is hereby sold and shall be delivered to for cash for the par value thereof and accrued nterest thereon to date of delivery, plus a premium of t 24 E ~srdaNo. f ' It is hereby officially found, determined, and declared that the initial Certificate has been sold at public sale to the bidder offering the lowest interest cost, after receiving sealed bids pursuant to an official Notice of Sale and Bidding instructions and official Statement dated March 15, 1994, prepared and distributed in connection with the sale of the Initial Certifi- cate. Said Official Notice of Sale and Bidding Instructions and Official Statement, and any addenda, supplement, or amendment thereto have been and are hereby approved by the issuer, and their use in the offer and sale of the Certificates is hereby approved. It is further officially found, determined, and declared that the statements and representations contained in said official Notice of Sale and Official Statement are true and correct in all material respects, to the best knowledge and belief of the City Council and the Issuer. Section 15. INTEREST EARNINGS ON CERTIFICATE PROCEEDS. Interest earnings derived from the investment of proceeds from the sale of the Initial Certificate shall be used along with other proceeds for the purposes for which the Certificates are issued; provided that after completion of such purposes, if any of such interest earnings remain on hand, such interest earnings shall be deposited in the Interest and Sinking Fund. It is further provided, however, that any interest earnings on certificate proceeds which are required to be rebated to the United States of America pursuant to Section 13 hereof in order to prevent the Certificates from being "arbitrage bonds" within the meaning of the Code shall be so rebated and not considered as interest earnings for the purposes of this Section. f 4 Section 16. DTC REGISTRATION. The Certificates initially E shall be issued and delivered in such manner that no physical distribution of the Certificates will be made to the public, and the Depository Trust Company ("OTC"), New York, New York, initially !1 will act as depository for the Certificates. DTC has represented _ ✓ that it is a limited purpose trust company incorporated under the laws of the State of New York, z member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered under Section 17A of the federal Securities Exchange Act of 1934, as amended, and the Issuer accepts, but in no way verifies, such representations. The Initial Certificate authorized by this Ordinance shall be delivered to and registered in the name of the Purchaser. However, it is a condition of delivery and sale that the Purchaser, immediately after such delivery, shall cause the Paying Agent/Registrar, as provided for in this Ordinance, to cancel said initial Certificate and deliver in exchange therefor a substitute Certificate for each maturity of such Initial Certificate, with each such substitute Certificate to be registered in the name of CEDE i CO., the nominee of DTC, and it shall be the duty of the Paying Agent/Registrar to take such action. It is R expected that DTC will hold the certificates on behalf of the Purchaser and/or the DTC Participants, as defined and described in the Official Statement referred to and approved in Section 14 hereof (the "DTC Participants"). So long as each Certificate is 25 i rr~r~o _Gl registered in the name of CEDE & CO., the Paying Agent/Registrar ' shall treat and deal with DTC in all respects the same as if it were the actual and beneficial owner thereof. It is expected that DTC will maintain a book entry system which will identify integral beneficial amo nts ownership $5,000, Cwith f transfers of ownership Participants effected on the records of DTC and the DTC Participants pursuant to rules and regulations established by them, and that the substitute Certificates initially deposited with DTC shall be immobilized and not be further exchanged for substitute Certificates except as hereinafter provided. The Issuer is not responsible or liable for any functions of DTC, will not be responsible for paying any fees or charges with respect to its services, will not be responsible or liable for maintaining, supervising, or reviewing the records of DTC or the DTC Participants, or protecting any interests or rights of the beneficial owners of the Certificates. It shall be the duty of the Purchaser and the DTC Participants to make all arrangements beneficial , with DTC to establish this book-entry system the bane ownership of the Certificates, and the method of paying the fees and charges of DTC. The Issuer does not represent, nor does it in any way covenant that the initial book-entry system established with DTC will be maintained in the future. The Issuer reserves the right and option at any time in the future, in its sole discretion, to terminate the DTC (CEDE & CO.) book-entry only registration requirement described above, and to permit the Certificates to be its riht registered and option to eterof any owner . If the Issuer minate such requirement, itshall exercises give written notice of such termination to the Paying Agent/Registrar and to DTC, and thereafter the Paying Agent/Registrar shall, upon presentation and proper request, register any Certificate in any name as provided for in this ordinance. Notwithstanding the initial establishment of the foregoing book-entry system with DTC, if for any reason any of the originally delivered substitute Certificates is duly filed with the Paying Agent/Registrar with proper request for transfer and substitution, as provided for in this ordinance, substitute Certificates will be duly delivered as provided in this Ordinance, and there will be no assurance or ~J representation that any book-entry system will be maintained for such Certificates. Section 17. FUR'T'HER PROCEDURES. The Mayor of the Issuer, the City Secretary of the Issuer, and all other officers, employees, and agents of the Issuer, and each of them, shall be and they are hereby expressly authorized, empowered, and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge, and deliver in the name and under the corporate seal and on behalf of the Issuer all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Certificate ordinance, the Certificates, the sale of the Certificates, and the Notice of Sale and Official Statement) and the Director of Finance of the City shall cause the expenses of issuance of the Certificates to be paid from the proceeds of sale of the Initial Certificate. case cease officer whose to be such offi cer before the appear any livery 26 1 r } t of such Certificate, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. u Ag9fldaNo. ApM aItgtp ;5S f i f i l pt} J 'F. A" t ~l k ry. 27 i. i w =CITY CpUNC I ~ v=_ I i i v-0 / CO ~ ~±F 4 i • s ~ror t~''v 9 J P AoAftddNb ~ CITY cacao c REPORT ggendalle TO: Mayor and Members of the City Council FROM; Lloyd V. Harrell, City Manager DATE: March 24, 1994. SUBJECT: MANDATORY PARKLAND DEDICATION RECOMMENDATION: Consider the feasibility of a mandatory parkland dedication/fee in lieu of land ordinance. SJI MN_N ARY Mandatory dedication is the right of a municipality to require residential developers to dedicate land for parks as a condition of the platting process, just as they must dedicate land for streets, alleys, and utility easements. In situations where it is not feasible or desirable to secure land for parks, fees in lieu of parkland may be accepted. Such a mechanism would enable the City to secure parkland or improve park sites based on the population impact of new residential developments in the City. The mechanics of a park fee program are fairly simple. Builders of new housing would pay a fee based on the type and number of dwelling units to be constructed. The money collected would be placed in an account established for park improvements or acquisition. The money collected from fees can then be spent by the City to buy b and improve land for parks or to reimburse developers for the dedication of qualified park sites and improvements required during the development approval process, « in the past, parkland has not been included among the dedication requirements in Denton and the City has relied solely on general obligation bonds to finance parks and park improvements. Rising land values and construction costs have stiffened developers' resistance to voluntarily dedicate parkland, and the City has not had the financial resources available to renovate existing parks. ~J The Voluntary Land Dedication Policy states that donations of land should be made by a. any residential subdivision which contains 500 or more dwelling units. The donation should be in a the amount of no less than one acre for each 100 dwelling units. A fee could be paid in lieu of donating land for any residential development containing less than 500 dwelling units. The formula establishes a donation schedule of a minimum amount equal to one-fourth (114) of one percent (1%) of the construction value of the dwelling, as identified on the buil,!ing permit. All park fees collected are to be used to purchase land for parks or to improve parks within the existing park system. Since the Voluntary Land Dedication hdinance was adopted in March 1989, 872 residential units. and 62 multifamily units were constructed in Denton (Attachment A). A single 3 donation of 5.925 acres has been donated to the city for parkland while n,i fees have been secured. If, during this time, a mandatory park dedication program had been in place, the City would have been the beneficiary of approximately $283,152.50 in fees in lieu of land (Attachment 3{ B). Since 1989, there have been 38 residential subdivisions constructed in Denton. None of the 38 subdivisions contained greater than 500 dwelling units, the threshold for a land donation. Therefore, the "land donation" and "fee" in lieu of land portions of the ordinance have yielded virtually no gains. ' The city currently has 16 parks totaling 804 acres. These parks range in size from approximately S acres to 350 acres. With the acquisition of South Lakes Park the City has reached National Recreation and Parks Association standards for overall parkland. The City still L y 4 `f t i1 S. has a concern about the number of neighborhood parks locate6 throughoct the community. A mandatory parkland dedication/fee in lieu of land program would help alleviate this concern. The primary objective of the original voluntary polity was to capture funding to add amenities to the existing park system or generate revenues for the purchase of neighborhood parks. It was the Park and Recreation Advisory Boards' desire to develop an effective mechanism to produce an ongoing revenue source for park improvements BACKGROUND: The Voluntary Park Donation Policy (Attachment Q was approved by Council on March 21, 1989, after many months of negotiations with developers. Developers requested that before the City move in the direction of a mandatory park dedication policy, that they be allowed to show a good faith effort for voluntary donations. The developers felt that they would receive sufficient parkland through donations rather than the 925 acres of land have policy (Attachment D). Since it's approval over five years ago, just donated to the City while no fees have been secured as a result of this policy, Over the past S years, many of the developers who were opposed to the mandatory dedication ordinance have gone out of business due to the downturn in the economy. Several metroplex cities currently have a mandatory land dedication and fee ordinance in place (Attachment E). These ordinances have enabled them to acquire land and fund improvements within their cities. It has become recognized that a mandatory dedication ordinance is critical in the effort to improve a city's quality of life. z, l PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: A mandatory dedication ordinance will help assure quality of growth by providing parks or dollars for future park improvements. ' The open space and recreational facilities will benefit current and future residents and will help r maintain and enhance the quality of fife in Denton. FISCAL IMPACT, The fee would ultimately be borne by individuals buying new homes in Denton, the philosophy being that added population would have an impact on existing parks and facilities. A mandatory parkland dedication/fee program would reduce dollars needed in future } C.I.P. programs for land acquisition or park improvements. f RESPECT LLY SUBMITTED: U Lloyd V. Harrell n /J City Manager AgenliaNo Prepared by: g4pnQa11A ~ Lh j~ Items" o~°/y Rich Dlugas Director ' Parks d Recreation Department Ap v by: B tty Mc can Executive Director for Municipal Services/Economic Development r a lk _ Residential - Multifamily Housing Permits Issued ' thif6'.tr 1+1~.~~a S. •2t-•-ac-~11c -Y (March 1989 - Present) (Attachment A) UNITS 350 300 250 I 200 _ 150 100 50 0 t 1989 1990 1991 1992 1993 1994 i RESIDENTIAL. DEVELOPMENT 116 104 134 196 307 16* MULTI-FAMILY DEVELOPMENT ® 0 17 --1'; - 32 0 - 0 i Source: City of Denton Planning [ nt 94 * Issued through January 3kcW94 i ti , ` Ss , r Y IC F p .4 l r -man= FAMMANOVAIM _ - = FEES IN LIEU OF - - LAND WITH MANDATORY POLICY =-s=- (March 1989 - Present) (Attachment B) I~ $37,662 1989 j $37,662 1990 $39,000 $39,722 $49,245 1991 s, $50,415 ° z $58,310 ° 1992 , ,3 230$60,070 4 1 1993 $91,332 i• ;,d ,~-.K Yr =171011,332 $5'120 1994 TOTAL = $283,152.50 n S $5,120 $0 $200000 $40,000 $60,000 $80,000 $100,000 $12O,OOC o RESIDENTIAL MULTI-FAMILY r . HOUSING Y HOUSING Lj TOTAL Source: Parks and Recreation Department F w t ^ AQ04A C V) AgC~G31ie RESOLUTION NO. `~d L3CP~ Nis A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING A PARK DONATION POLICY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION i._ That the City of Denton Park Donation Policy,, attached hereto and incorporated herein by reference, is approved. ,ACTION II. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROveD this the 4 ~~/m~ day of 1~71Gfd~ 1989. RAY S ENS, MAYOR ATTEST: AAA J IFER ALT , CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY ''y. ~Mr► BY: CN~ 's 6 i CITY of DENTON PARK DONATION n8'' Vida U02L-0-0 ~Ja To provide for the need for development, the City of Denton hasrconsidered thenadoptioneofian ordinance requiring the dedication of land, or fees in lieu of land, to provide for the acquisition and improvement of park sites. In response to the proposed ordinance, the development community has requested that the City adopt on a trial basis, a park park dedication ordinance, inda a operati a attemptuto provide for on a voluntary basis, Park sites and improvements Anolica*fon o o.+~~ This policy, developed in cooperation with the development community, is intended to provide equatable guidelines to be used properties within the City of Den on sand itse texrnaterritorialaJurisdiction for the u encouraging participation in a cooperative effort to p u of for the parks or improvement of parks which will be needed otodserve 1 those developments. This policy is intended to be a voluntary program. Compliance or non-compliance with its guidelines by any erson poring Commihall of bonus d by the City Council, the Planning and of the City in considering are a commission, official, or employee zoning matter, the approval of a plate anbuildin permitinvolving a other application or request which requires the a permit, or any City Council, a board or commission, official, or employee .of the s ~ E41igy ' J by any residential davelopmet whin contains 300 or moreddwelling units. The donation should be in the amount of no less than one acre for each 100 dwelling units. f 2. Land Characteria The land to be donated should be r selected in consultation with the parks and Recreation Department. P Consideration should be given to locating park sites adjacent to school sites, whenever possible. Whenever linear parks are to be £ provided, they should be located around natural drainage and wooded areas to provide for multiple uses. For neighborhood parks, the land should be sufficiait in size and shape to accommodate, on land located outside the 100-year floodglain, the following uses: two (2) tennis course, twelve (12) parking spaces, a picnic building, a basketball court, a playground area, and other. facilities specified in the Park Master Plan for that area. Areas to be used h -for soccer and baseball fields may be located within the 100-year floodplain when the topography is otherwise suitable for those uses. r 3. Park Site IVs9y_gmen When the land to be donated is contiguous to a development, the developer should bear the cost of platting the site, providing public streets, driveways, and water and sewer service to the site. The City will bear the costs of all necessary streets, water and sewer lines and storm drainage improvements within the boundaries of the donated land which are necessary to make the park site usable. 4. Manner of Donation. The land should be donated by dedication on the final plat of the development. B. Fees in Lieu of Land. 1. Application and aunt. A fee should be paid in lieu of donating lard for any residential development containing less than 500 dwelling units. The fee should be in a minimum amount equal to one-fourth (1/4) of one per cent (it) of the construction value of the dwelling, as identified on the building permit. 2. Pavment of Fees. The fees should be paid to the City at the time the building permit is issued. The fees collected by the City shall be paid into an interest bearing park trust fund account maintained by a lccal bank for the benefit of the City. The, trust account shall be subject to the terms of this policy and shall be paid to the City, upon request, at the time the funds are to be used for the purposes provided herein. + 3. Use of Funds. All park fees collected must be used to purchase land for parks or to improve existing parks within the park planning area of the residential development for which it was received. C. Combination of Land and Fees, Where it would be advantageous to the City and the development, the developer may make and the City may accept a donation of land, combined with the payment of fees, to satisfy the requirements of this policy. r 0. Return of Donated Land or Fees. r 1. Zand. If the land dedicated by plat for park purposes is not accepted by the City within ten (10) years .from the date of dedication, the developer may revoke the dedication. ? 2. ZMA. if the fees paid into the park trust fund are not paid to the city for park purposes as provided herein within ten (10) years of the date of payment to the park trust fund, the trustee shall, upon the request of the person making the p return the funds to that person. Df ~ ~,.,;f211ER1 PARK DONATION POLICY/Page 2 x: 4 a i 4 yr ULNILN Park Donation' Policy Summary Pur se Ag8.d3NO not? To provide neighborhood parks in the A~'7f+-iliiCf~-`+~►f - community, 11Lgrround The Park Donation Policy was drafted in cooperation with the development community, The policy is designed to donation and improvement of neighborhood p d parksequby deitable veloopeperrs a of r for the es[dential properties. The policy is a voluntary program and was adopted on a trial basis in lieu of a park dedication ordinance. YRe of Development Affected All single family and multi-family residential developments in the City of Denton and the City of Denton extraterritorial jurisdiction. Donation Standards Donation of park land, fees in lieu of land, or combination of land and fees. Land: 1 acre per.100 dwelling units Pees in Lieu of Land: 1/4 of It of construction value criteria for Acceptable Park Lanu o Minimum of live (S) acres located outside of the floodplain unless the i o floodplain topography Is acceptable for the placesent of athletic fields. Site suitable foe the construction of park and recreation facilities. o Land may be located inside or outside of the development but must be within o proximity of the residents of the development being served. o Adjacent to a school site whenever possible. Developer is responsible for site planning, platting, off-site drainage ~J improvements, access to utility services, and direct access by an improved street. Criteria for Expenditure of Park Development Funds o Park land acquisition which may oe a new cite or expansion of an existing park site. o Pack development. Improvement of an existing park, Land Donation Procedures j! Site plan Indicate location of all proposed park facilities preliminary Plat . Indicate number of dwelling units . Indicate land donation Final Plat - indicate number of dwelling units Indicate land donation r TLn [9 . f r J Reolat - Indicate number of units by final plat indicate number of units by replat Indicate resulting addi';Ional land donation Land Donation - Between the time of final plat approval and M build out fee Donation Procedures Building Permit Application - Indicate construction value Pee Donation - At the time of Issuing a building permit One quarter (1/1) of one percent (11) of construction value Pees credited to park =one in which the development is located Park Policy Approval Dates: A ndaNo. Q ;g ~W 3/23/88 approved by Parks and Recreation Board A~6r~Zi1Cm , 11/13/89 approved by Planning and Zoning Commissioi. /n2 [ 9 3/21/89 approved by City Council Q 07- Examples A developer builds $00 units in an area with no existing park acreage. Standard ■ 1 acre per 100 units To figure the total acres needed to service a particular residential development, plug the number of housing units into the formula. 1 acre x (f of units 4 100) ! of park acres required 1 A developer builds single family or multi-family residential units in an area where an undeveloped pack already exists, LJ Standard - Construction value x (.231) To calculate thm tear In lieu of land to service a residential development, plug the conet$uctlon value of the housing units into the formula. $ 70§00 (.23 0 • $113 $ 80§000 (413t) ' $200 $ 90,000••• z (9230) - $223 $100,000 z (AM - $230 $110§Oo0 x (.23i) - $213 $120§000 x (0238) $300 ADM00038 F i City of Denton City Council Minutes ~1QBGdd(`Att ('i a It D) 4 O February 7, 1989 C'F2.i1 Page 2 r;~8 O._f qt/ Wells replied that that was the wording from the federal regulations. McAdams stated that the wanted to be sure and use the funds for tangible projects not for paying salaries, etc. Council Member Alexander suggested including wording such as "see visible results' in the narrative of the criteria. Consensus of the Council was to proceed. 3. The Council considered plans for expansion of the Senior Center. Steve Brinkman, Director of Parks, introduced Norman Hatfield, architect for the expansion of the Senior Center. Mr. Hatfield was involved in the original design of the Senior Center, North Lakes and Denia Recreation Centers. Hatfield reviewed the plans for construction with the Council. He stated that the expansion, when completed, would look as though the entire building had been done at one time. The development plan would not interrupt activities at the Center and would not leave the senior citizens without a place to meet. t Lloyd Harrell, City Manager, stated that the expansion included a Domino Room which would house 15 tables, an amount larger than current needs unless the Council indicated to the contrary. 4. The Council considered the Park Donation Policy. Lloyd Harrell, City Manager, presented background information concerning the park donation policy. He stated that developers had requested that before the city made a mandatory park dedication policy, .they be allowed to work for voluntary standards. The developers felt that they would get sufficient pack land through donations rather than the necessity of a mandatory policy. The Park and Recreation Board and the Planning and Zoning Commission had been working together to develop the voluntary standards. Those standards would be put in resolution form and developers would be encouraged to follow those standards. y Carl Anderson, Chair-Park and Recreation Board, stated that the uY Board felt that the developers would police themselves and that s the standards were worth taking a twelve month look at for compliance. i r i t' f A~~erdaM1i~.~0~ 404 std City of Denton City Council Minutes A6fr:'il:em February 1, 1989 n~a Page 3 Council member Alexander stated that he wanted flexibility whicn allowed developers to work witn Planning and Parks for placement of the donated land so that the park land would not be placed somewhere unusable but rather placed where it belonged. Council discussed aspects of the draft including requiring the developers to develop the infrastructure for the packs, the substitutions of smaller amounts of land in exchange for development of the park and the necessity to be aware that the • land did not revert back to the developer without being developed. 5. The Council considered the proposed regulations governing street closings. Roger Nelson, Administrative Assistant, reviewed the current ordinance which did not have any concrete guidelines regarding street closings. He presented the proposed regulations which included that all closing had to be approved by Council, signatures of all residents/occupants of the block to be closed must be obtained, the event should terminate in enough time for clean up to occur before the street was to be reopened, evaluation of effect of street closing on emergency services from the Police Chief and Fire Chief be required, a deposit of $25 for residential barricades, additional requirements for non-residential closings to include restroom facilities, the need for a traffic control officer, a set up and take down fee E r for barricades, a clean up deposit and an administrative fee. Council discussion centered on types of administrative fees, barricade fees, the difference between commercial and residential closings, the differences in commercial closings, { non-profit versus profit organizations requesting the closings, allowing citizens to put up and take down the barricades and the proper time period for requesting the closing. Consensus of the Council was to Include the item on another work session with comparisons of other cities having such an ordinance in place. b. The Council considered a report on the 1989-1994 Capital Improvements Program. This item was not considered during the work session. 1. Tne Council did not meet in Executive Session during the Work Session. l Y 1 }r 1 1. e I y • Y City of Denton City Council Minutes March 218 1989 page 8 and a resolution B, The Council considered Recreation (Then Packs Of approving a park do taotyn pOlicy. ' Board recommended app Tne following resolution was considered: RESOLUTION NO. R89-022 A-RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING A PARK DONATION POLICYs AND PROVIDING FOR AN EFFECTIVE DATE. resolin. On Ayer motioned, Gorton secondeAlexa c d pro"ayeh" Hopkiuns °'ayej oil vote, McAdams .aye~• and Mayor Stephens Gorton .dyer. Ayer .ayeBoyd aye, .aye.' Motion carried unanimously. C. The Counc lementationnoEdarmedieal examiner district. tion supporting the i p The following resolution was considered: RESOLUTION NO. 889-023 OF A THE IMPLEV MED CALOLEXAMINERUDISTRIM AND DECLARINGT ANIOEFPECTIVE DATE. t McAdams motioned, Hopkins seconded to app so e the resolution the 6th Wherea W as to b deleted r s with the fallowing changes: Nexpresses its and the wording changed in Section 1 to area Alexander aye," support to'. on roll vote# Mc Adams I~aY ' .a e ' and Mayor Hopkins 'aye,' Gorton 'aye,' Ayer a e Boyd Y 'aye.. Motion carried unanimously- Stephens resolution D. The Council consiid Bell pprov lHealth Facilities County approving the financing by of a hthe ealth facility located within the Development Corporation City of Denton, Texas. Executive Director for Finances, stated that Sohn McGrane, to refinance its facilithesCitycs 3 Lodge was wanting e uired Parkside included the one in Denton. State law 4 consent to proceed. The following resolution was considered: 1 INEF - 4 Y.N r1~ I • 4 f^ r ' Ch~a1t E} a PARK DEDICATION AND FEE ORDINANCE ~genG lc SURVEY PARKLAND DEDICATION PARK FEE CITY REQUIREMENTS REQUIREMENTS COMMENTS ALLEN I AcrelISO D.U. $15nF.U. Parkland dedication is required. The l" is in g $130M.F.U. rieu of land dedication. The fee may be used for land of development within the sere tone. i ARLINGTON $20010 $50111D.U. Land may be dedicated in Hey of the lea. The lee varies between service areas r CARROLLTON Varies S043MO.U. Land dedication and fee requirements vary dependent on location. CEDAR HILL 1 Aael1D0 D.U. $250/13.1.1. COLLEMLLE 1 Acrelt 14 D.U. $310.111D.U. ' COPPELL 53501D.U. Ordinance and fee are being revised at this time. Staff proposes $1,2MM.U. based on actual cast of land and Infrastructure development J DENTON 1 AaeJ100 D.U. 0.25% of Constnrctlon Voluntary Poi'iey Only COWD.U. DESOTO 5 Acreyl; t300rD.U. A formula Is used to calculate the estimated Residents number of residents based an the number of i dwelling units proposed. Land or the tae may be used to satisfy the ordinance. i t • FLOWER MOUND 1 Acrel100 D.U. MIYD.U. is 3 r R t F , y1 t` re } PARtdAND PARK FEE ; . DEDICATION.- OOMMENTS REQUIREMENTS REQUIREMENTS CITY . NO No GARLAND s g00 Square feet/D.U 5907-51,416fD.U. Fee must be spent within 1 mile of where b was GRApEVJNE collected and spent within 3 years. Fee is based on actual land acquisition cost. 4 NO NO } IRVING Ili fee is the same la bolts multi-family and sloVe $ZOID 1 Well 00 U.U. U' or cash may be used to LEwsvILLE family unlL! Land satisfy the ordinance- Varies Land dedication requirements are calulated MCKINNEY nos, we FeW based on density estimates for the service area. Capita A tee may be required in lieu of land. T1se lee i is based on market value at the lime. r NO MESQUITE NO NO RICHARDSON D.U. -DWELLING UNIT ~g~~~118 S.F.U. - SINGLE FAMILY UNIT `N0 ~y M.F.U. - MULTIFAMILY UNIT t s t s 0. • i 3 COUNCI 41 o d e ti~ _QO r.~enaafJo. ixte : 3 ~°t~ CITYo/DENTON, TEXAS MUNICIPAL BUILDING / 215 E.MCKINNEY / DENTON, TEXAS 76201 M E M O R A N D U M TO: R. E. Nelson, Executive Director of Utilities FROM: Bill Angelo, Director of Community Services DATE: March 24, 1994 SUBJECT: CABLE TIRLEVISION RELATED ISSUES There are several issues on the horizon relative to Cable Television. These issues fall into two major categories which include the operation of the City's Government Access Channel and the Administration of the Cable Television Franchise ordinance. In the area of the Government Access Channel, specific issues involve the enhancement of existing broadcasts, the development of other production capabilities, the broadcast o. other City related r meetings, and the finalization of an agreement with the Denton ` Independent school District. Relative to Cable Television Franchise Administration, the specific issues involve the The following is a implementation new report on cable frebasic cabie gulations. rates federal reregulation these issues: J GOVERNMENT ACCESS CHANNEL t Enhancements to Existing Broadcasts The broadcast of City Council meetings has gone relatively well and the quality of the broadcast, in most instances, has exceeded everyone's expectation. From a budget perspective, the cost of the equipment, the cost of manpower, and the other expenses related to the broadcast are under our original budget projections. While the quality of the broadcast is quite good, there are several enhancements which could be made in terms of equipment additions which would improve the broadcast quality. I,A.N\Ud1194C1I 8171568.8200 D/FW METRO 434.2529 J f.' l L tr . l R. E, Nelson/CABLE TELEVISION RELATED ISSUES 20~ 7 March 24, 1994 Page 2 Mr. Don Anderson, the Chief Video Systems Engineer for the University of North Texas, has provided us with a complete listing of equipment and its cast which will allow for the broadcast improvements. Specific equipment, its current cost and the need for the equipment are as follows: 1 TasCam M•216 Audio Mixer 16 Channel 1 1,849.00 y This item permits the Technical Director to control all audio signals generated in the Council Chamber P and broadcast over the air. s 1 Shure SM2 Headphone/Mic 230,00 This item allows the Technical Director to monitor broadcast sound quality and volume. y 1 Lot Beldon 8412 Cable, xLR Connectors. Misc. 700.00 1 This is cabling for the Audio Mixer. 2 Panasonic WJ220R Video Switcher ($275.00 x 2) 550.00 These items will serve as Junction boxes that will allow on line switching from one device to another. Example: From Bulletin Board to City Council Meetings, 1 Sigma 500 Series Card Rack w/Power supply 400.00 E This item is a metal rack mounted box into which the two Video Distribution Amplifiers are placed. j' 2 Sigma VDA SID Video Distribution Amp );280,00 x 2) 560,00 These items take the electronic sync pulse sent out by the black burst generator and distributes it throughout the system for proper timing. 1 Tektronic 1740 Waveform/Vectorscope 3,970.00 This item generates and illustrates a standard video signal against which all other video signals in the system can be judged. It allows for consistent and uniform color balance, TOTAL COST FOR BROADCAST ENHANCEMENT $ 8,259.00 Additional Production Capabilities During previous discussions with the Council relative to the Government Access Channel, staff was directed to include in the 1993/94 budget only those expenses related to the broadcast of City Council meetings and the operation of the City Bulletin Board. Thus, expenses for manpower and equipment for other productions were not included in that budget. As it has turned out, we have received numerous requests for such productions and have been able rd 1L M1\ LA 1119 4 C/2 j S f, 10 1 I i a. . ~gs~~aho ~ 09 R. E. Nelson/CABLE TELEVISION RELATED ISSUES March 24, 1994 3 Page 3 o -7 to fulfill some of these requests. For example, we have produced tapes on the Sales Tax Issue, Mothers Against Drunk Drivers, Unfunded Federal Mandates, and several other minor productions. Our ability to produce these tapes has been dependent on the benevolence of UNT's Radio/Television/Film Department by allowing us to use their editing equipment. i E We are continuing to receive requests for such productions from virtually every department in the city. We have also received a request from some members of the Council to produce a ten minute video on city events and activities to fill in the void during Council meeting intermissions. It is obvious that we cannot rely on the benevolence of UNT given their own demands on their editing equipment. Therefore, in order for the City to continue to comply with these requests, it will be necessary to obtain additional equipment which would provide editing capabilities and enhance the taping of events and activities outside of the city's Council chambers. Specific equipment, its cost and need are as follows- 1 JVC BR-S822U S-VHS Edit Recorder 5,404.00 Unlike our current recorder, this item has editing capability and a built-in edit controller that will control both recorders. i 2 JVC SA•T22U Time Base Corrector for VTR's 900.00 These items snyc the two VTR's together so clean transitions may be performed between the two machines. I 2 JVC VC-GI03SU Y/C Cables (!60.00 x 2) 120.00 These cables transfer the video signals between the two VTR19. 2 JVC VC-G90SOU 9 Pin Edit cables (0116.00 x 2) 232.00 These cables link the editing and control commands between the two VTR's. 1 JVC TM-9U 9" Color Monitor 361.00 This item will enable the editor to monitor his editing while other monitors are in use. 2 JVC Pack Kite for BR-822 and BR-622 (1120.00 x 2) 240.00 These items are metal slides that mount the VTR1s into the Rack cabinet. 1 JVC S•VHS Player 750.00 This item will permit the broadcast of tapes while both editing decks are in use. L AN\LAi7{91C/7 ' .t l T I ~ \ A~~~sIS~'~i^.m 2 R. E. Nelson/CABLE TELEVISION RELATED ISSUES March 24, 1994 u o Page 4 1 Shure M267 Field Production mixer 403.00 This item will allow control of audio volume and quality during field productions. 1 Shure SM-565 Dynamic Field microphone 157.00 This item will allow controlled audio recording during field productions. ° 1 Audio XLRP•XLRJ•25 Mic Cable 25 foot 3240 This is a microphone cable. j 2 Telex ENO-1 Wireless Receivers 447.00 2 Telex WT-55 Belt Pack Transmitter 368.00 2 Telex WLM•50 Lavalier Microphone 146.00 Theme items are components for wireless microphones that require no cables. 2 Profills-Background Software (955.00 x 20 110.00 } These items will expand the Bulletin Board's ability to vary the types of backgrounds it uses. 1 Lot RO.59 cable, BNC Connectors, and Hardware 250.00 j This is cable to hook the equipment together. { 1 Tektronic 170OP05 Rack Kit for 1740 180.00 This item is the hardware brackets to i mount the waveform/vectorscope into a rack. 1 JVC $-VHS Player 750.00 r This item will permit the broadcast of tapes while both editing decks are in use. f $10,845.OD I' The total cost of acquirin9this equipment is estimated at $19,104 and the remaining balance of the Sammons Cable equipment grant is $19,910. Thus, there are adequate funds to cover the cost of the recommended equipment. I would point out that the use of these funds for such equipment was exactly what we intended when the grant money was rfCu.ested by the City during the 1988 franchise negotiation. Broadcast of other City Meetings It has been suggested that the City consider broadcasting meeting of various advisory boards, such as the Planning and zoning commission. While it is difficult to predict actual costs until more information on which meetings will be televised, it is (j I f AN\ G3 7191 C/1 i e+ I t i I . Y 4 i I ~~'{!?A'o AV 1tr R. E. Nelson/CABLE TELEVISION RELATED ISSUES March 24, 1994 k of 7 Page 4 1 Shure M267 Field Production Mixer 403.00 j This item will allow control of audio volume and quality during field productions. 1 Shure SM•585 Dynamic Field Microphone 152.00 This item will allow controlled audio recording during field productions. 1 Audio XLRP-XLRJ•25 Mic Cable 25 foot 32.00 This is a microphone cable. 2 Telex ENG- 1 wireless Receivers 447.00 I 2 Telex WT-55 Belt Pack Transmitter 368.00 2 Telex wLM-50 Lavalier Microphone 246.00 These items are components for wireless microphones that require no cables. 2 Profills-Background software (#55.00 x 20 110.00 These items will expand the Bulletin Board's ability to vary the types of backgrounds it uses. k 1 Lot RO.59 cable, BNC Connectors, and Hardware 250.00 This is cable to hook the equipment together. 1 Tektronic 1700FOS Rack Kit for 1740 180.00 This item is the hardware brackets to mount the waveformlvectorscope into a rack. 1 JVC S-vHS Player 750.00 This item will permit the broadcast of tapes j while both editing decks ere in use. 810,845.00 The total cost of acquiring t' is equipment is estimated at $19,104 and the remaining balance of the Sammons Cable equipment grant is $19,910. Thus, there are adequate funds to cover the cost of the recommended equipment. I would point out that the use of these funds for such equipment was exactly what we intended when the grant money was requested by the City during the 1988 franchise negotiation. Broadcast of Other City Meetings It has been suggested that the City consider broadcasting meeting of various advisory boards, such as the Planning and Zoning commission. while it is difficult to predict actual costs until more information on which meetings will be televised, it is 1,ualLa1744ui4 .i ~ : z r i ~ p t , }.911 R. E. Nelson/CABLE TELEVISI014 RELATED ISSUES I'M March 24, 1994 Page 5 Jr 7 possible to provide some basic rule of thumb expenses based upon our experience with City Council broadcasts. Personnel cost, including benefits, for the broadcast will run approximately $22.00 per hour for a two-camera shoot utilizing one intern as the production director and two interns as camera operators. Cost of supplies per broadcast average in the t neighborhood of $12.00. Should the City opt to broadcast Planning and zoning Commission meetings which average three hours per meeting tdice a month, the annual cost of the broadcasts is estimated at $2,256. of course, there would be some additional cost attributable to the broadcast associated with prorated equipment maintenance and amortization costs. These costs will be i derived based on the total number of productions for which the k equipment is used and will, in all probability, not be a significant production cost factor. DISD Agreement Although we have had several meetings with DISD representatives regarding the sharing of broadcast equipment and have hammered out most of the details of the agreement, we are still awaiting action on the part of DISD regarding School Board meeting broadcasts. Hopefully, the school district will make a decision in the very near future which will allow their staff to complete the agreement negotiations. One new wrinkle which has surfaced regarding this issue has been an inquiry from the school district relative to the City's willingness to provide broadcast services to DISD on a contract basis. under such a system, DISD would provide all of the static equipment (video toaster, tape deck, cables, etc.) for the broadcast with the City providing the mobile equipment (cameras, tripods, headsets, etc.) and manpower for the broadcast. The City would charge DISD full costs for service including expenses for their share of equipment maintenance and replacement cost. While this approach provides some burden on the City, an adequate agreement could offset that burden. Advantages to such an approach include, assuming adequately trained personnel are handling the equipment thereby reducing the potential of equipment breakage, providing for the broadcast of both City Council and School Board meetings at the lowest possible cost to the citizens, and the positive public relations resulting from the joint venture. 1,AN1W11191 GS i ~y II V, : A , R. E. Nelson/CABLE TELEVISION RELATED ISSUES Q~nonq ' March 24, 1994 Page 6 ~,3-- FRANCHISE REGULATION 7 B^_nc ark.Rate Review As you know, the most significant issue relative to the CATV franchise is the Federal Communication Commission's (FCC) implementation of the new federal regulations pursuant to the Cable Television Competition and Consumer Protection Act of 1992. Unfortunately, these regulations which comprise some 330 pages of verbiage are in a state of flux to some extent. Based upon complaints they have received, the FCC has announced that they will be reconsidering the method in which they calculate the basic cable rate benchmark. The impact of this change on the City of Denton may not be significant but will cause some confusion for the City when Sammons files their benchmark rate calculations with the City r next month. Once the City re eives the benchmark rate calculations from Sammons, it will be neces,iary tr) review `he information to ensure its accuracy and appropriateness. If the calculations are not too complicated, it may not be possible for the staff to conduct this review. There is the possibility that the City may want to bring in an outside consultant to conduct the review and report back to the Council through the CATV Advisory Board. Given the newness of this entire matter and the FCC's change in calculation methods, it probably will not be possible to tell which approach to take until g$ the documents are received. Should the City opt to use an outside service for the review, the cost should not exceed $100000. k Rate ReYlew Resolution ` Another issue facing the city in this area which also results from the city's designation as a rate regulator, involves the need to file with the FCC a resolution stating that the City will follow FCC guidelines relative to rate regulation. As originally planned the resolution will be taken to the CATV Advisory Board in Aprii and to the City Council during the first meeting in May. The FCC's deadline for resolution submission is June 14, 1994. c i t I ~ I - N AWO A19496C/6 r r` d } ~ F ~ S I ♦ L l l R. E. Nelson/CABLE TELEVISION RELATED ISSUES 2 9-y 7 March 24, 1994 -7 6 7 Page 7 Annual Report Review As stipulated in the franchise agreement, Sammons Communications will be submitting their annual report to the City on March 31, 1994. Normal procedure for report review involves the staff's review of financial information and a comparison of that information with the total amount of franchise fees paid during the calendar year. The annual report and staff review is submitted to the CATV Advisory Board at the April meeting: I would point out that we have never found any discrepancies in the report and the amount of franchise fees paid which were not already handled by Sammons. 1 i j Should you have any comments or questions on this matter, please let me know. Respectfully submitted, Bi 1 Angelo t 1,AN\LA17494C/? t i i 1 I~ Iry I .fer166•,y rY ~fy 1Yi < Y -CITY _COUNC r i l i 'I J e `CCev a +r e„ to 834 M.3t r Apertda Mo _ ~ -OD AgWallaq s CITY of DENTON, TEXAS MUNICIPAL BUILDING / 215 E. MCKINNEY / DENTON, TEXAS 76201 MEMORANDUM DATE: March 26, 1994 TO. Lloyd V. Harrell, City Manager FROM: Kathy DuBose, Acting Executive Director of Finance SUBJECT: FINANCIAL UPDATE - FISCAL YEAR 93-94 have attached year-to-date financial statements for review and discussion at the City Council Retreat. Each fund reflects a comparison of actual revenues and expenditures to the current year's budget, including the percent of budget remaining for each. If you need further information, please let me know. f ~ , r~ III I Mch Attachments AFF00955 8171566.8200 C/FW METRO 434-2629 p. FF J Z. 00 CITY OF DENTON FINANCE DEPARTMENT COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES BUDGET AND ACTUAL GENERAL, (BUDGET BASIS) FOR THE PERIOD ENDED FEBRUARY 28, 1994 General Fund Budget Percent Budget Actual Remaining REVENUES: 2896 118,380,929 612,156,205 49% Taxes 322,036 163.849 licenses and Perm' is 843,147 268,894 69% Franchise lees 1,368,708 478,729 86% Fines and torleitoros 997,367 318,359 88% Fees for services 460.000 100,388 78% G Interest revenue 483,091 135,863 72% TT£ 1Ms(IONsmrnental 43211889 1891770 61% NtiscallaneM 21,248,168 13,778,661 35% Total Rev"Was URES: ~ ptpE'NDR Current - 10,608,565 4,105,693 61% .r ~ j r General Government 12,009,188 4,497,949 63% j public a/ety 4,338,829 1,610,105 86% I Public works 2,658068 868,391 65% J~ Parka and reues6on 272,934 131,562 5296 J $ Cepital outlay 11,113,890 63% 29,785.482 Tout Fxpendltu," EXCESS OF REVENUES OVER ;UNDERI EXPENDITURES 58,537,2961 2,864,981 OTHER FMNCIN13 COURCES IUSESI 5 227 3,608,172 56% 8.04 76% Opers*V trarulers In 174,461) 118,7661 Open *v tr"ers WA 3,489,418 68% FYrtn*9 Sourcea (um) 7,970,748 Totd Otlw EXCESS OF REVENUES AND OTHER SOURCES OVER 1588,6501 8,164,377 CJNDERI EXPENDITURES AND OTHER USES 2,719,629 6,668,788 FUND BALANCE. October 1 2,162.07 111713,183a FUND SALAN:E • FWUWY 28 AAOtt,a Praparad BY Finance D*Psrtm6nt i I u CITY OF DENTON FINANCE DEPARTMENT w~ i ^a ' IJ 7 as . ''ita SCHEDULE OF BUDGET VS ACTUAL EXPENSES . (UNAUDITED)'' ELECTRIC OPERATING FUND (j f FOR THE PERIOD ENDED FEBRUARY 28, 1994 J Q I i REVENUES Elecbic Revenues Plant Operations FERO 000ES•• Expenses Expenses (Plant) ELECTRIC PLAINT N SERVICE: 4 310.345 Production plant 1 - 1 f 350.356 Transmission plant 173 380-373 Distribution plant 1,244,442 E 389.399 General plant 63,678 Total Electric Plant 1,298,191 (Operstioru) (Maintenance) POWER PRODUCTION EXPENSES: 600.607 610-514 Steam power gene ation 4,804,753 636-540 541-546 Hydraulic power generation 24,288 548.550 651.654 Other power generation 8,231 664 Purchased power 18,302,624 658.567 Other production expense 3,694 r Totd Production Expenses 21,143,670 660-587 658.573 TRANSMISSION EXPENSES 19,197 j 580-089 590498 DISTRIBUTION EXPENSES 1,002,483 I 901.908 CUSTOMER ACCOUNTS EXPENSES ' 685,421 CUSTOMER SERVICE L 908-910 INFORMATXMI. EXPENSES 76,673 920.933 936 ADMNISTRATNE L GENERAL EXPENSES' 872,302 NONOPERATNG EXPiNNSES: 2210 Principal payments-bonds 881,911 4270 Interest expense-bonds 830,279 4132 L r' 4310 Interest, customer deposits L other 15,327 4260 Donations 18,031 417 t No*HArlty operations: Communications 98,012 General Government 27,188 Ssmstion 9,081 Warehouse 400 Water 48,308 Wastewater 18,684 ° 4080 Pryment in Geu of taxes (M) 974,326 ~7Td;i'f8- Told N onoparatktg Expenses r' TOTAL EXPENSES " nFn Fddrd Enrav S utdery Crm+iaolon hA ddd o*"lt ud1vv trrntr to o«wd ewrmwe 1 JUAe!!7a hips sd By Finance Department a t z 'F CITY OF DENTON - FINANCE DEPARTMENT Q9f?.h0 r_ SCHLDULE OF BUDGET VS ACTUAL EXPENSES - (UNAUDITEDI TJ~~' 7 ELECTRIC OPERATING FUND `"'11 T FOR T14E PERIOD ENDED FEBRUARY 28, 1994 fcoAffnued) Budget Percent Revenues Budget Achieved 126,920,889 169,108,000 39% Budget r Maintenance Total Total Percent Expenses Expenses Budget Remaining ' 1 1 / 385,000 100% c 173 29,819 99% 1,244,442 2,832,908 63% 53,678 439,000 88% 11,298,11911 3,486,525 63% i g' 138,071 4,940,824 8,596,320 25% 12,913 37,181 248,649 85% 23.840 31,860 28,241 18,302,624 43,726,819 63% 3,894 43,836 91% ~i83S- 1172.603 211,316,273 19,250 38,447 288,176 86% r 190,110 1,192,693 3,908,000 69% r 685,421 1,285,344 56% p~ 76,573 893,373 92% b 9,288 681,690 1,944,520 66% 881,511 2,118,179 58% 630,279 1,478,785 68% 18,327 ' 18,031 208,000 91% 96,012 291,018 67% 27,188 ' • 9,081 ' - 400 4 45,308 124,840 63% - 18,684 974,325 2,338,360 68% 2,7115,420 , Wer natiae b9W Weed !y am meeui eiV aWv% Ludpel warded h vthw areas Prepared By Finance DepMmsnt r, a CITY OF DENTON FINANCE DEPARTMENT ~~rn~1 ~~l(:L fli~~ 1 SCHEDULE OF BUDGET VS ACTUAL EXPENSES • NNAUDITEDi WATER OPERATING FUND ~Q FOR THE PERIOD ENDEr% FEBRUARY 28, 1994 Budget Percent Budget Revenues Achieved REVENUES: Water Revenues $13,825,000 / 4,953,612 36% Budget Percent Budget Expenses RemalNng CAPITAL OUTLAY: I Fixed assets 4 1,393,889 4 310,300 78% OPERATING EXPENSES: Purchased power 695,314 187,669 72% Purchased water 94,900 22,092 77% Salaries end wages 2,184,797 874,533 80% Materials and supplies 578,658 121,558 79% Maintenance and rep+irs 800,917 220,484 72% Miscellaneous 1,284,361 215,649 83% TotdOperating Expana 5,638,947 1,621,985 71% ' NONOPERATNVO EXPENSES: 1 Interact expense ' 3,247,924 1,337,682 68% Prinelpal paymenubonds 1,410,648 687,769 68% Principal psyments-Ray Roberts ' 93,998 39,186 68% Other 4,000 100% Total Nonoperattn9 Expenses 4,768,570 1,964,698 68% OPERATWO TRANSFERS (OUT): Return on Investment 1,134,373 472,868 68% AdmiNstrative transfer 632,540 283,668 58% Adminiatrativeother 11681 700 68% Total Opersting Transfars IOutl 1,768,694 736,914 58% TOTAL EXPENSES ,x ' Mead of raaactiq Na fut pa wa. Ray naa«u Is wo&*od en eu enmdl "w w,ta. AMel77a hopared By Fiance Department CITY OF DENTON I FINANCE DEPARTMENT Ag9nlAo AgcaOlta 51 I SCHEDULE OF BUDGET VS ACTUAL EXPENSES • (UNAUDITED) C 19 3~2 WASTEWATER OPERATING FUND 66107 FOR THE PERIOD ENDED FEBRUARY 28, 1994 Budget Percent Budget Revenues Achieved REVENUES: Wastewater Revenues 06,607,000 43,396,932 39% Budget Percent Budget Expenses Remaining i CAPITAL OUTLAY: Fixed assets 0 833,000 0 236,686 71% OPERATING EXPENSES: ? Purchased power 454,328 129,869 71% Fuel 10,000 10,131 (1)% Salaries and wages 2,091,604 848,188 60% Materials end supplies 268,082 80,619 78% Maintenance and repairs 378,016 124,697 87% Misceeaneous 845,082 140,003 78% Total Operating Wooses 3,835,112 1,311,197 65% NONOPERATNG EXPENSES: Interest expense 1,041,467 426,244 58% Principal payments-bonds 486,174 203,406 68% I LoeA payment to Electric 350,000 - 100% Otikr 77,000 100% Total Nawpersting Expenses 1,958,841 829,660 68% OPERATNO TRANSFERS (OUT): Return on Investment 969,386 403,911 68% Administrathre Vander 471,652 198,805 66% Administrathra-other 1,009 420 68% ` Total Operatng Trasfers (Out) 1,442,247 800,936 58% TOTAL EXPENSES V 1UST - 7; 2 AO, QOM ~ 77 dd , x~ r; :II ~rn Prepared By Flnanca Department r, 1. y :r } CITY OF DENTON FINANCE DEPARTMENT 11 endAP10. AaCi?L:3i;1ai SCHEDULE OF BUDGET VS ACTUAL EXPENSES • tUNAUDfTEDI 7a~' 7 SANITATION OPERATING FUND FOR THE PERIOD ENDED FEBRUARY 28, 1994 Budget Percent Budget Revenues AcNeved REVFNUES: I~^~1 Sanitation Revenues 15,035,597 42,077,018 41% f Bu4get Percent Budget Expenses Remaining CAPITAL OUTLAY: Fixed assets 4 111,910 4 26,258 77% OPERATING EXPENSES: Salaries and wages 1,989,930 738,892 63% Materials and supplies 401,848 78,454 80% Maintenance and repairs 634,198 269,180 60% Misaellansous 1,077,554 308,976 71% TOW Operating Expertise 4.003,628 1,396,481 85% NONOPERATWO EXPENSES: y Interest expense 144,811 80,445 68% Principal paymeets-bonde 134,657 681065 68% i I Lan payment to Electric _ 50,000 100% 3 ( Total Nonoparatinp F.xpansas 329,368 118,510 86% OPERATING TRANSFERS (OUT): Lend closure 45,000 100% General fund transfer 124,000 62,019 58% Administrative tranaler 384,012 180,006 68% Total Oparsdag Transfers (Out) $53,012 212,024 62% TOTAL EXPENSES 01,9 g 1,y5Q1 a a,<„ j j.j f 'of is ;i t "Ills Prepared By Finance Department }f YJ y iJ EEE =CITY UNC 0 W I r- III J 06 I oil 6 •Pa w It r r„: Y Benda No 9 ' 0 dal - - two AD : OFFICE OF THE CITY ATTORNEY 10ye6 MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: { Debra A. brayovitch, City Attorney ~ SUBJECT: City Council Rules of Procedure DATE: March 25, 1994 j It has been almost four years since your Rules of Procedure have been comprehensively reviewed and revised. Since 1990, you have adopted three ordinances which revise the rules. While in the process of incorporating the three revisions to the rules into one ordinance, I thought it would be a good idea to share with you :.ome issues you may wish to consider. 1. Amendment of the rules to provide that a co w unc who h il as a mbar personal Interest in an issue chambers ehaZl le v leave a the when the Council is cones de rin t This that issue I the g seas ha practice u have for nine years, and I believe it wouldfbelawgood ideas tossimply incorporate it into the form I al rules. 2. Amendment of the rules to provide that City Council subcommittees post agendas of their meetings. This is the practice you have been following over the past year, and I believe it would be beneficial to have it adopted as part of your rules. 3. Amendment of the rules to provide for the method by which councilmembers place items on the City council agendas. i At present, there is no written procedure for this except that Section 6.3 of your rules provides: The agenda shall provide a time when the Mayor or any Councilmember may bring before the Council any business that he fee deliberated upon by the Council, is should be This provision does not address the situation where a couneilmember telephones and requests that an item be musts codnonthe aneitem thnor atda councilmember that brings before the Council pursuant to Section 6.3. a' "Dedicated to Quality Serykv" S S t t § P A~9P~~PJO.9 O Agtr61,1tem Honorable Mayor and Members of the City Council of6 March 25, 1994 Page 2 Many other cities provide for procedures for couneiimem- re- bars to place Jennifer items Walters, their agendas. h compiled cthe tart', J attached summary of procedures followed by other cities. They range from authorizing one member to place an item on the agenda to requiring the Mayor or three couneilmem- bens to request placement deof an sire it in this on tregagenda. You may wish to clarify your 4. Amendment shall be recited ataregular h council meetings. t i 5. Amendment of the rules to clarify rules regarding citizen presentations at work sessions. Finally, in reviewing the rules of procedures from othor cities, I find that some have adopted limitations on reconsideration of items the re- for a period of six months unless a, majority ule th council reviewed quests reconsideration in writing. provides - ally placed ton the next notion agenda when the t full Councilisisautomati c ally ally You may wish to consider these rules. r Should you have any questions in this regard, please give me a call. Respectfully submitted, j+ Debra A. Drayovitc i DADssf Attachment E ~ \~f\tpl!\flll Ef.M i ~ ' r r i F E 1 TA ciryol DENTON, TEXAS MUNICIPAL BUILDING I OEN7ON, TEXAS 762011 TELEPHONE (817) 566-83M Office of the City Secralary MEMORANDUM DATE: March 2, 1994 TO. Joseph Portugal, Assistant to t C y Manager i t FROM: Jennifer Walters, City Secretary SUBJECT: Council Procedures for Agenda I s ' Per your request I have contacted several area cities regarding their procedures for Council placing items on agendas. Lewisville - Lewisville does not have a formal written policy but rather a legal interpretation of their Charter. Their City Attorney has indicated that three council members may request an € /item be placed on an agenda or the Mayor may make the request. When the agenda is printed, the item requested by Council or the Al Mayor indicates such (i.e. requested by Council Members Smith, f Wesson and Jones or requested by Mayor Eastwood). f II Plan - o Plano requires two Council Members to request an item be placed on an agenda. Carrollton - Carrollton does not have a formal procedure for Council to place items on an agenda. Requests are made to the Mayor who then decides whether or not to place the item on the agenda. The Colony - The Colony allows the Mayor or individual council members to place items on an agenda but matters voted on by the Council cannot be reconsidered within six months unless a majority of the Council requests, in writing, to reconsider the matter in question. Dallas - In Dallas, an agenda includes any item requested by any council member. The Mayor has to included requested items on an agenda within four weeks of receipt of the request unless withdrawn by the requesting council member. If a request is made by three council members, the item is placed on the next voting agenda. Please let me know if you require any further information. i 75 FROM CITY OF PLFHO 03. 09110 P. l~,^~.rdo 9 Qq s j' 4 COUNCIL POLICY Aet"AS Polk COUIICIL Nle?IXGS All Agsndas for Council mestings shall be approved by the mayor. Items initiated by City Staff in compliance with state statutes or City ordinances shall be placed on the Agenda In tna following mahne n STITVTOAY WXnAI This agenda consists of items which have p~ovlously bean approved by council In unanimous actions such amt adoption of items which are part of on approved operating Budget, capital loprovament Projects, annexation and inning cues, or other previously approved actions vhichi o are required by law. o requires specific City Council action. o are delegated to the City Manager as long a$ he/she certifies it conforms to Council policies. Examples of Items on this agenda are! Did* under Sloo,ooo. These bids shall be placed on the Statutory Agenda only if City Staff recommends they be awarded to the lowest bidder, and in such a manner that if the lowest bidder cannot comply with insurance or other requirements, City !toff can go to the second lowest bidder without returning to Council for approval. Aesolutions Authorising personal or professional services c2ntracts under 130,000 Authorising submittal of grant applications lit Authorising payment for overlies, reimbursement i Authorizing reLthursement of excessive tax payments Ordinances Annexation and toning, which cases have been prevLously approved at the time of public hearing by unanimous vote An item Say be removed from this Statutory Agenda only by re09e01; of two Council Meubers in the preliminary open Nesting, and then, only it the item does not comply with the policy guidelines CounCll has given to the City Manager, COMAWT AGNMAk This agenda consists of non- controversial or 40,44skeepings Items required by law. tramples of items on this agenda arse M , f~r f a-.::; i 1 ' Q - FROM CSTV OF PLPHO 03 V.3996 a 9r t~0 NO 94~- % P. S 1 Adcre_ «m side over 1100,000 These Dods shall baaff P101d On the recommends they b6 Agenda only it City St awarded to the lowest biddarl end in Such a manner that it the lowest bidder cannot comply with insurance or other regairements, city Start can go to the second lowest bidder without returning to Council for approval. sole source bids may also be placed on this agenda. Change Orders man controversial changes to e,mostleg contracts Resolutions Aaehorlsing personal or professional @srvles$ contracts over :50,000 Autherizinq sattlenent of lawsuits Authorising interlocal agreements for various services Warning programs or projects iusually ether organizational) Ordinance@ supplemental appropriations tstabliahing school zones or speed limits, or prohibiting parking Abandoning easements toning ordinances in which at the time of public hearing one or more negative, votes t were east Approving Traffic agnalitstiom At zpsaitic intersections Items say be removed from the Consent Agenda by any altisen, city feelt aewber, or council. member by making such request prior to a moti6n and vote an the Consent Agenda, when the mayor makes such invitation i ITZ" "I IM WIDUAL CONSIDUATION i toninq cases and Planning Icw These items are transferred to Counoll's agenda from the planning and toning Commission's agenda the say after the planning and toning Commission Nee,tinq Items that co*s to Council from the, Commission are eat forth in the toning Ordinance and the Subdivision Ordinance public 845ringa Annsmations and oisennematiens Sodgets and Capital Improvements programs C. Other public hearings as required by law at as called by Council r t. a ar.v..~ 1 i 03.02.1991 09141 P. 4 FROM CITY OF PLnNO ,No IVII~ Receipt of Reports Monthly Financial Report r;.a. Personnel Appointments 6 0 ~6~ Boards and Commissions Council Appointesa Although the itsms for Indiv;dual Considssation are placed on the Agenda in S chronological order, the Mayor and Couneil may nave any ltss forwsrd or backward if they Het it is appropriato. General Discussion ds, the i Upon conclusion of the posted agen 1 Mayor Opens the Floor to aitiaens vishing to addre3s Council. the No or advised that subject mater SuK be city related; one cWton slay bring up no ura than three gubjecta; subjects are limited to three minutes Sachs one council can receive the lnfor antion, ask Cici staff to look into the utter, or plasm tns latter on ■ future agenda for discussion. upon the request of Shell. at Best twwoo OF ouhaall council J~genAS only i E Y 1 ! ~ ~ R1 .a' Ali I PLANO CITY COUNCIL - WELCOME TO THE MEETING! Here are a few tips designed to help YC11 understand the proceedings. i. STATUTORY AGENDA: ions is a by Council items require council action, but Manager's responsibility. The entire Statutory Agenda will be acted upon in one motion. To remove any item from this agenda for individual discussion, two members of Council must make such %ereason for elrng iminar such Neetingf and even then, the only valid item is the possibility that one of Council's policies has been violated. Z. orNno~ncontroversit.1 in inature$tThe entire Cons ntiAgenda will~be of those items acted upon in one motion. To remove any item from this agenda for individual discussion, a citizen, the City Manager; or any council Member may make a written or oral request to the Mayor or City Manager to have such item or items removed. The Mayor will then order the item removed from the Consent Agenda and this item(s) will be considered individually. 3. Those -dishing to appear before the Council on any items listed under Items for Individual Consideration should complete a "Request to speak Before Plano City Council" card andlpresent Reit to the City Secretary prior to the beginning of g p~aknuntilaLherconclusiontof thmay Council Ag nda boinc allowed to 4. Anyone speaking before Council is asked to approach the { microphone in the center of the Council Chambers end to first state ts e are nalisted me and oaddress the for the record. Time restraints for Agenda. 50 ' Citizens will be admitted to the fire safety capacity of the Council Chambers. 6, The Council and others in attendance will appreciate the simple courtesy of refraining from private cwnversations which distract { from the business at hand. 74 Ncouncil meetins y be etwork ('TeleCable Channel A-30) d and live on the taped-d lay p according etoethe following schedule! Channel A-00 - Weinesday following Meetlnq. - 8:00 a.m. Channel A.. 0 - Thursday folic •inq Meeting. - 9:00 p.m. A-30 Sunday following Meeting 100 P.m. Channel - COME AGAIN 800141 i C-YW7l •d to 0661t0 i0 ONli~d dD AIID uDtld Fi -T e \ VF.YSd t 1 jf CITY COUNCIL 1620 AVENUE 1gE4~3Pi0 oArc: 336/94 M.r CALL TO OAtJ[A 7t30 P.M. 4O~ 90 INVOCATION : Chaplain David ?uck Pnsbytertan Hospital of Plano PLEOOE OF ALLEOIANO[: iTEaA EXPLANATION ACTION NQ TAKEN t Pishburnts Cleaning and Laundry for assisting Ksep Plano beautiful over the past three years In laoyaling Hangers Into Trees Program. croup from Sister eityt 1VSnovot ihssaie (e) Carla er ersresl f ca" M iMIme 11 00I111861011 Jackie 6tatsan Ann N. 110sve11t Chair Alfred N. Sauaa it 0anald A. Jones Vanessa Nna ! r Kelly C. HadonAM . C01IP0l11L APPAM C010128310N Don I?lper Felix Nark H. Davis Many to Sellers Call Saehson iaEl~ t t b i for Live Saan fingerprint 11!d No 39312-041 system. 1) i Jahwry 310 1991 Pebruary 11, 1191 (d) Sid Me. 111313-041 for various Colt course Equipment. i ICI iiskviy tavoiseet Ashabilitieean str••e/Alee Drly/Piano r 'd [fla0 1,66t're'to ONtttd AC A1:3 Y08d e 1 ~ Y p/ono qp',I 11-,m r cIYV COUNCIL OA 2/20194 9 /,fin[ JT9M lXPLANATION A I e wM6 Comlmme AGMMA (COnt'd) ~{eeLeR e! wide, (t) aid Ilo. San 7-030 for Criminal Jusllce Canter Landscaping. fiftDign pf lkaa_lutteti• (g) To approve and authorize payment of certain refunds of tax Payments made to the City darinq the period from febru►sy 1, 1994 through Pabsuary 11, 1999. (h) Approving and authori9ing the execution of a contract amendment with Srinkley largent Architects to provide Professional ArOhitectusal Services with regard to design and construction of the Criminal Justice Canter rmprovesorktsi 11% the amount of $43,000. i (1) To approve the terms and conditions of an agreement by and between the City and Plano Nousinq Corporation, Inc. to provide for the expenditusa of community dsveiopment block grant funds for the purchaes of land for construction et a house. (j) To accept the findings and opinions of the Annual Audits authorising the City Manager, or in his absence the director of rinanee, to publish the results thersefr and providing an effective date. (k) To approve the terms and conditions of a contract for election services with Donna strub, slsction Administrator of Collin county, to coordinate, supervise and run the City of Plan's May 7, 2994 General lloetlonl muthorising its emeautionl and providing an ettective date. (1) To approve an agreement between the City of Plano, pane independent School District and the Collin County County community College District for x1eetion services vitb Donna stru to coordinate a Joint General slaotion 1(ay 70 11/4, acting by and through their respective authorised officersl and providing in effective date. i (m) To approwa the terms and conditions of a concession oontetot to provide alcoholic beverages and related services at Plano Central authorlaing Its execution) and providing an effective date. I (n) To apDDrepriate the sum of Ss,0oo to the General Fund Operating Budget from the unappropriated fund balance for the fiscal gpoat 1113-99 for the purpose of obtaining cable television consulting oarvlass telatina to regulation, rateseking and business and financial issues under the Cable Act of 10921 amends" tha budget of the City and Ordinance 13-9-33 as amended to reflect the actions taken herd n1 declaring this action to be A case of public necemsityl and providing an effective data. (e) ordlnan ass rag rding prevailing wags rates W all and prior now wage rates for public works construction work. r $ age 3Jr f .d YYi60 ►66t•t0'f0 0MV14 d0 h1S0 u0tl! t+ m. a R 4 I. r i CITY COUNCIL. DATE'. 2/21/96 [XPLANAT40N AQYI N COASINT AGRNDA (Contrd) (P) To provide for partial exemption of certain historic landmark atruotures. (q) Amending the Zoning Ordinance as provided in toning Cain 91-1011 Public Nsering held February 16, 19961 Approved rebruary 16, 19961 Applicants Lenmar Development Corporation Ipproval of change, order (r) To Marto slnacola 6 sons Lxeavmting, inc., increasing the Contract in the amount of $91,677.60 for construction of Parker Road Improvements between Jupiter Road and proposed Loa Pica Boulevard tntension, Change Order No. 1 Imlea :n order to avoid delay in wo tingqe, the city council ? rgcesta that, in all Public Rearinthe appl'eents lilt their presentations to a saslwo of l that spokespersons for special Interest groups 1psia~t their praaentations to a awisun of liLij1AAMs and that Individual speakers limit their remarks to a matimrv_ of A minutes. PwrrAmm winning to speak before Counell should complete a S9gla1Ltlen fair ,ppgjjappd Card prior to the "atieg and present it to the City Secretary. r (1) Fwo)ic (Iarinl, Zoniel Ca/1 IN-o7 and Adoption of as Ordinance a Provided to t h Tom ng Case: Request to lesone one lot on 1.41 scram an the northwest corner of spring Crook Parkway and Custer Road from PD•264-0-2 to Retall. Nalghborhood 019. Applicants lereeiaoa 91 Ltd. (2) jroiilQed ato thltomZoon al C sea - Request toanremove the Planned Development (PD) designation on 10.01 acres On the southvest corner of Jupiter Road and Parker Road. s lglpplleintl city of Neighborhood 165. Ffte I (l) Wit HoarInIgo Zoning Case $4.01 and Adeptloe of to OrdlAana as Prortbd is this Joel" C4161 • Request to remove the planned Development (PD) designation on 14.91 setae On e the northwest and southvaat corners of Shiloh Road end Park Boulevard. Toned PD-92-R. Neighborhoods lu and 061. Appilcast: City of Flans 1 { Page { 1 'd 99160 1661,ze'19 ONCId !0 A110 NON! t 1 i J i "ril ::4 02 CITY COUNCIL- atITION _ _ . _IAKt.rL _ STmae M INDIVIDUAL CONSIOUSIATION (Cvnt•d) I/I Pub11t Rsarlnt. Iosins Casa 91.01 and Adoption of an Ordinance of "roll Qtd In this Ioh101 (aw. . Is wet to remove the Planned Development (PD) designation on t,Tt sorts on the suet 01414 yr hies Oslve, 2001 rest narth or loth Street. parse PD-14-u-1. Nalluorhood #so. Awliclntl city or piano (a) oobjictlwi pod Proposed usee of Funds for irii 95 Crank (4) Crn161derlLlOn_.0l _tl lfOtRllltl061 To adopt the final statement of Community Development block 4rent obieotiwe and prepwal met of funds for pralras year 1991-e1. (7) COD "Ish -F aJAtcluktoot to authorial the !Ulna 0f an a 111101910A. In an aeeunt not aaeead ng IAae,214 !or ► ersl sands under the Housing Slid Community Development hot. 111 CORAIArr Lion nt a Drdieantaa.To emend Section SO-14 of the code of Ordlnanees of the city, eetabltshing a tevleed sehsdvla e9 rates and charges for solid mute Disposal and oullectlon thev"It the use of rouseDie contalnore for commercial accounts' OrdAIM1hj other attars relatt" to rates for math collection, and providing a roppier teisus , a eaverabillty elaues, a penalty eLaee, and an afteeUve date. Tabled 2/11/24 (9) plreaontetion mne DiatrlDMtlon ot the snovtlve Dummory for the Coa rshonsiva Monthly finance Report (CM) for j the Month elf January, 1404. ' ➢to~Itl.JaiamlttiDal I In accordance with the D"sa Nwllog Act, The City Cowell will bear sedients of #Alit lateral, but any discussion spall Ad limited to 0!4@101 the slow so s 1114" a9ends for /archer tell a fderel l~.a. E hrosm sfshtnAqp to apse! before Council she/1d adhere to tM fallorlq "raedaral i tiMlt team to a Deafer at fire !a~ M1,uLaa rr a„h a.et )nn MPAL CIMTtll Is WHIG MATS ACCbIS16LR. A 11.011!0 same W"v Is AVAILASLI h? "I 1UtM IIITAMCb rACINe AVINUt L, N2T11 O"IC2ALLY MWID rAMOU wrACww PtARef, ACCISS MD 17ICIAL FAM139 ' AU Also AVAILAIW ON "I AORTH SIDI Of IUIWINO. "I COMIL CHANIIA IS ACCURISLI IT U VATOR TO TAI LOOP LIVIL. MUSA[" s~oR aide 2et6gRtTns OR st"SAL stRYlo/s WIT Do AMIM "M-1124112 Id) 1101041 PRIOR 'rO "ll MIAMI!e time by CALLING ~xI eltr aaeareARf A: b;'b-nlo. IISMSISMara~~ws1W ~l ,•t b as A;G" a I bft n* Sias blabs on M wo r a~~pp~t'+n. • d~ ~pf AIM, XZ74P2 c 'J @rtao 1411•re're ONbN JD Alt] 440111 { i A MAR-02-1994 09:43 CITY OF THE COLONY P.ei Pontdt` brand tax transmittal mamo 70 ►to woes b DI'M TO Y'a,--s66- 6 " COLONY, T co' ITON NO. 0/X oT WHEREAS, the City Council has adopted Roberts Rules of Order for the conduct of sessions, with the Mayor serving as Chairman; and WHEREAS, the City Council does agree that it is in the best interest of all concerned to establisb guidelines for the preparation of an agenda for City Council meetings; and WHEREAS, the City Council does agree that a consent agenda would expedite the business matters of the Council; and WHEREAS, the City Council feels that citizens do have a right to be heard at Public F Meetings and a procedure to insure this right should be established; and I l WHEREAS, the Home Rule Charter does not provide a procedure for the agenda preparation or for Citizen Input; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CI'T'Y OF THE COLONY, TEXAS: I t SECTION I • AGENDA PREPARATION i E 1. Regular Sessions are meetings hold on the first and third Mondays of each month. 2. Special Sessions are meetings called on dates other than the first and third Monday of each month and shall be posted seventy-two hours prior to the meeting time is accordance with the Texas Open Meetings Act. ,l 3. The deadline for the posting of a Regular City Council meeting to be held on a Monday evening shall be the Thursday before said meeting, at 5:00 p.m. The back up infotmadon for the Council and interested parties shall also be complete by this time. 4. The deadline for placing an item on the agenda is the Wednesday before said meeting at 12:00 Noon. Items placed on the agenda must be of sufficient clarity to enable the general public to determine the nature of the issue for consideration and the type of Council action required. Compliance with the provisions of the Open Meetings Act is required in the preparation of the agenda. s' S. Any ordinance other than those ordinances dealing with day to day standard loperacior>s of the City shall be brought before Council once for discussion only, and a second time for Council consideration. For the purpose of this Resolution, the following shall be considered standard operations: canvassing of an election, authorising a contract, l f Y n'] } P.02 ' MAR-02-1934 0944 CITY OF THE COL" zoning that has previously been discussed in a Public Hearing, annexations that have been previously discussed in a Public Hearing, and any other items that may be deemed standard by the Council or the City Manager. The second reading of such ordlnanees may be placed on the Consent Agenda for Council action 6. Provided the above procedures are observed, items may be placed on the agenda by the following: a. The Mayor or individual Council members. b. The City Manager may place items on the agenda dealing with the operations or administration of his/her job dudes. C. The City Secretary may place items on the agenda dealing with the operations or administration of his/her job duties. d. A citizen or property owner, through the mayor or an individual Council member. e. A citizen, business or organization by written request submitted to the Mayor or an individual council member with adequate back up information, if necessary. t 7. Matters that have been voted on by the City Council shall not be placed on the ' agenda for reconsideration within six months, unless a majority of the City Council requests, in writing, to reconsider the matter in question. S. Matters voted on by the City Council which and in a tie vo% shall automatically be I brought back before the City Council for action at the next meeting that a W Council will be present. i SECTION II • PROCEDURE FOR REMOVAL OF ITEMS FROM AGENDA PRIOR TO POSTING 1. A written request to the City Secretary signed by any four Council Members to remove an item from the agenda can prohibit its placement on the agenda for consideration. The Council can exercise this power for two consecutive meetings. 2. The Mayor can verbally advise the City Secretary to remove an item from an agenda. He shall be able to exercise this power for one meeting. 3. A list of all items removed from the agenda will be made available for Mayor and Council review with their agenda packet. x, y t . I MAR-02-1994 09:44 CITY OF 1Ht CuWnY P.63 :'r SECTION [11- CONSENT AGENDA Those items on the Council Agenda which are considered routine by the Mayor, City Massager and City Secretary, i.e., approval of minutes, grant deeds, grant of easements, final reading and adoption of ordinances, auditor's reports as to cash count, standard subdivision agreements, calls for bids, reports of adrrdaistradve actions and proposals, leases and agreements previously approved in principle, etc., shall appear under "Consent Agenda". Unless the Mayor or a Council member specifically requests that item(s) be removed therefrom and Council action taken separately on said item(s), all items appearing under "Consent Agenda" shall be approved, adopted, accepted, etc., by one motion of the Council and a roll call vote. Such action will appear in the Council minutes in their proper form, i.e, resolution accepting grand deed or easement, adoption of ordinance upon final reading, etc. Those items specifically requested to be removed from the "Consent Agenda' and acted on separately shall be approved, adopted, "xepted, etc., by separate motions of the Council and a separate roll call vote. SECTION IV - GENERAL CITIZEN INPUT 1. During each Regular Session of the City Council, held on the first and third Mondays of each month, citizeas wishing to inform the City Council of problems or concerns will be given the opportunity to do so under the heading of "Citizen Input". Items posted on the agenda, may not be discussed during "Citizen Input". 2. A list will be provided for citizens to sign prior to the meeting. f i 3. Each speaker must stand, identify himself, and limit his presentation to five I minutes. l 4. The Mayor does have the responsibility and the right to rule a citizen out of order and ask that he relinquish the floor. The Council cannot take action on a subject brought up during "Citizen Input", but may direct staff to place on a future meeting agenda for action or may refer it to the proper City Department. i SECTION V t{ This Resolution supersedes City of The Colony Resolution No. 88-08 passed and approved on March 21, 1958. PASSED AND APPROVED this day of 1993. William W. Manning, Mayor s TOTAL P.63 J ` la4 p YY f ICap■f I " ~J 1 c~ CITY COUNCIL ROLES Of PROClDORs CITY OF DALLUo TIZU section i i AOTEORITY k i The Charter of the City of Dallas, Texas, provides for open ' meetings of the city council at which reasonable opportunity shall be given for citizens to be heard under such rules as the Council may provide. The Rules of Procedure establish guidelines to be followed by all persons in the council chamber, including members of the city council, administrative staff, news media, and visitors. (City Charter, Chapter 111, Secs. 8 and 101 I 6 } I r, 1 r~ i I H f' IY ILr Iti IM1/rMYrR !1111 OFFICE OF THE CITY SECRETARY .1. CITY OF DALLASi TEXAS Nit- CITY COUNCIL RULES 01 PROCEDURE section 7 ~`f NEETII1Oe OTJ~pf 2.1. Regular Meetings. The city council will meet at 11:00 a.m. on the day the council rsabers take office, and thereafter each Wednesday at times set by the city council, unless postponed or canceled for valid reasons. (City Charter, Chapter III, Sec. 6] 2.2. Special Kestings. The city secretary shall call special meetings upon written request of the mayor, the city manager, or three members of the council. (City Charter, Chapter III, Sec. 7) 2.3, public Notice. The agenda for all regular meetings and the notice listing items to be considered shall be pasted by the city secretary an the city's official bulletin board in accordance with the Texas open Meetings Act. (Art. 6252-17, Sec. 3A(f), Vernon's Texas Civil Statues) 2.4. Quorum. Nine members constitute a quorum except when the number of council members, due to vacancies, is reduced to less than nine, in which event a quorum consists of all the remaining council members. (City Charter, chapter III, Sec. 91 2.5. Compelling attendance. A less number than a quorum may adjourn from time to time and compel the attendance of absent members. (City Charter, Chapter III, Sec. 9) 2.6. City Manager participation. The city manager, or acting city manager, shall attend all meetings of the city council unless excused. The city manager may make recommendations to the city council and shall hew the right to take part in all ~J discussions, but shall have no vote. (City Charter, Chapter VI, Sec. 2(6)) 2.7. City attorney Participation, The city attorney, or designated assistant city attorney, shall attend all meetings of the city council unless excused and shall, upon request, give an opinion, e'.thsr written or oral, on questions of law. The city j attorney shall act as the city council's parliamentarian. (City Charter, Chapter VIi, See. 3(7)] j 2.9. City secretary participation. The city secretary or designated assistant city secretary shall attend all meetings of the city council and shall keep accurate records of all actions taken by the city council. (City Charter, Chapter IIIA, Sec. 3(1)) rnn, ur rrirr.~.r,r r.wr OFFICE OF THE CITY SECRETARY -2- CITY OF DALLAS, TEXAS rz. . r CITY COUNCIL RULER Of PROCEDUR nn~t, '(~O b section 3- "NTIUGS (continued) 03-~' X7076( 2.9. City Auditor Participation. The city auditor or designated assistant city auditor shall be available in City Hall during all city council meetings to respond to inquiries made by the city council. upon the request of any city council member, the auditor shall attend the briefing or deliberation of any specific agenda item. 2.10. axsoutve sessions. The city council may meet in executive session when it is scheduled by tha mayor upon request by the city attorney, city manager, city auditor, city secretary, or any member of the city council and when it is in compliance with the Texas Open Meetings Act. No vote shall be taken in an executive session on any matter under consideration nor shall any city council member enter into a commitment with another reupecting a vote to be taken subsequently in a public meeting of the city council. The city council shall follow the latter and the spirit of the Texas Open Meetings Act, and closed executive sessions shall { be kept to a minimum, 2.11. Smoking in the City Council Cbamber. Smoking or carrying of lighted tobacco is prohibited in the city council chamber or in any other room in city hall where the city council is meeting. 2.12. Punctuality and •roals. City Council members shall arrive at city council and committee meetings at or before the scheduled time for the meeting to begin. At the beginning of each I city council meets breaks and lunch to bit ken duringathe meeting. the schedule for Ir 2.19. Driefiaq nestings. During briefing meetings city council members shall refrain from calling on members of the public to speak unless arrangaaent with the mayor are made in advance of the neetinq. i r, OFFICE OF THE CITY SECRETARY -3- CITY OF DAIJA TEXAS Y r V CITY COUNCIL ROLES Of PROCEDURE Q Q ' Section 3 - _ CODs OF CONDUCT ! (16 3.1. City Council Members. (a) During city council meetings, city council members shall assist in preserving order and decorum and shall neither by conversation or otherwise delay or interrupt the proceedings nor refuse to obey the orders of the presiding officer or the rules of the city council. (b) A city council member desiring to speak shall address the chair and, upon recognition by the presiding officer, shall confine discussion to the question under debate, avoid discussion of personalities and indecorous language, and refrain from personal attacks and verbal abuse. A city council member may speak no more than two times on any one agenda item, and each time will be limited to three minutes. After 5:00 p.m., the time will be limited to two minutes, unless altered by majority vote. A council member may be recognized to exceed established limits upon passage of a nondebatable motion made by a council member. Responses by the staff or citizens to a council member's questions will not be included in the council member's speaking time. The chair shall take care that responses are brief and to the point. (c) A city council member desiring to question the administrative staff shall address questions to the city manager who shall be entitled either to answer the inquiries or to designate some mamber of city staff for that purpose. City council members shall not berate nor admonish staff members. i (d) A city council member, once recognized, shall not be interrupted while Ppeakinq unless called to order by the presiding officer, unless a point of order is raised by another member, or unless the speaker choose■ to yield to questions from another member. If a city c;%uncil member is called to order while speaking, that member shall cease speaking immediately until the question of order is determined. If ruled to be in order, the member shall be permitted to proceed. If ruled to be not in order, the member shall remain silent or make additional remarks so as to comply with rules of the city council. j (e) City council members shall confine their questions to the particular matters before the assembly and in debate shall confine their remarks to the issues before the city council. 3 (f) when there is more than ono speaker on the same subject, city council members will delay their comments until after all speakers on the subject have been heard. viN rW~lb./~W.1~ awM OFFICE OF THE CITY SECRETARY -1- CITY OF DALLAS, TEXAS 7 F I ~ r CITY COUNCIL ROLES OF PROCEDDRS Ad_ra..'.; 8e0ti0n S. CODE 01 COWDOCT (continued) - V d~ (g) City council members shall refrain frog eating food inside the council chamber. 3.2. Administrative Staff. (a) Members of the administrative staff and employees of the City shall observe the same rules of procedures and decorum applicable to members of the city council. (b) Although the presiding officer has the authority to preserve decorum in meetings, the city manager also is responsible for the orderly conduct and decorum of all city employees under the city manager's direction and control. (c) The city manager shall take such disciplinary action as may be necessary to insure that decorum is preserved at all times by City employees in city council meetings. (d) All persons addressing the city council, including the city manager, other staff members, or members of the public shall be recognized by the presiding officer and shall limit their remarks to the matter under discussion. I i (e) All remarks and questions addressed to the city council shall be addressed to the city council as a whole and not j to any individual member. (f) No staff member, other than the staff member having the floor, shall enter into any discussion either directly or j indirectly without permission of the presidinq officer. i 4I r t i ' OFFICE OP THE CITY SECRETARY -5- CITY OF DALLAS, TEXAS ~t } ~ I E i CITY CO[TNCIL RULES 01 PROCEDURE Section 3- CODE OF CONDUCT (continued) 3.3. Citizens and Otber Visitors. '~j 2 (a) Citizens and vi are welcome to all public meetings of the cityothercouncilsitors and will be admitted totthe city council chamber or other room in which the city council is meeting up to the firs safety capacity of the room. (b) Everyone attending the meeting will refrain from private conversations while the city council is in session. (c) Citizens and other visitors attending city council meetings shall observe the same rules of propriety, decorum and good conduct applicable to members of the city council. Any person makinq personal, impertinent, profane or slanderous remarks or who becomes boisterous while addressing the city council or while attending the city council meeting shall be removed from the room if the sergeant-at-arms is so directed by the presiding officer, and the person shall be barred from further audience before the city council during that session of the city council. If the presidinq officer fails to act, any member of the city council may move to require enforcement of the rules, and the affirmative vote of a majority of the city council shall require the presiding officer to act. (d) Unauthorized remarks from the audience, stamping of teat, whistles, yells, and similar demonstrations shall not be permitted by the presiding officer, who may direct the sergeant-at-arms to remove offenders from the room. Aggravated cases shall be prosecuted on appropriate complaint signed by the presiding officer. In case the presiding officer shall fail to act, any member of the city council may move to require enforcement of the rules, and the affirmative vote of the majority of the city council shall require the presiding officer to act. (e) No placards, banners or signs will be permitted in the city council chamber. Exhibits, displays and visual aids used in connection with presentations to the city council, however are permitted. Video presentations requested by citizens as visual aids will not be broadcasted over cable television. (f) Citizens or other visitors attending city council f meetings shall not bring food or drink into the city council chamber. i rIN. IA r.4/rrYl...l. ~.M t OFFICE OF THE CITY SECRETARY -6- CITY OF DAUMp TEXAS x t s My i it CITY COUNCIL AOLL8 Or AAOCZDUg3p~]P~o 1 Aq~i,~31iuy, 8e0tio4 i. CODs OF CONDUCT (continued) 3.4. saforcement. The city manager, as chief law enforcement officer, shall act as sergeant-at-arms for the city council, and shall furnish whatever assistance is needed to enforce the rules of the city council. I 1 ; r,' Y .i a' I A rl 5 f• I i 1 Y I ap „ wiw km rwmWuwr.M mom r+` orrlCR or THI CITY SECRETARY -1- CITY Or DALLAS# Taws x. a t A + f CITY COUNCIL RULES OF PROCEDUR7,pnr~?;±~;p, Section 4 DUTIlS AND PRIVILEGES OF 1IEMBU 4.1. seating Arrangement. City council members shall occupy the seats in the city council chamber assigned to them by the mayor, but any two or more members may exchange seats. 4.2. Rigbt of Floor. A city council member who desires to speak must be recognized by the presiding officer. No member shall address the presiding officer or demand the floor while a vote is being taken. 4.3. Conflict of Interest. A member prevented from voting by conflict of interests shall leave the city council chamber during the debate, shall not vote on the matter, and shall otherwise comply with the state law and city ordinances concerning conflict of interests. 4.4. Rigbt of Appeal. Any member may appeal to the city council from a ruling of the presiding officer. If the appeal is seconded, the member making the appeal may briefly state the reason for the appeal, and the presiding officer may briefly explain the ruling► but there shall be no debate on the appeal, and no other member shall participate in the discussion. The prssidinq officer shall than put the question, "Shall the decision of the chair be sustained?" If a majority of the members present vote "Aye", the ruling of the chair is sustainedi otherwise, it is overruled. r 4.5. Voting, (a) Every member present when a question is called shall vote either "Yes" or "No" except on matters involving a conflict of interests or the consideration of the member's own J official conduct. (City Charter, Chapter III, See. 10) (b) After the result of a vote is announced, a member may not c"e a vote unless before the adjournment of that seating, permission is given to change the vote by a majority vote of the members present. 4.6. Dowd for Roll Celle Upon demand of any member for roll call vote,' made before the result is announced, the vote shall be taken on the city council chamber voting sachine, or if the machine is unavailable, the roll shall be called for yes and no votes upon any question before the city council. It shall not be in order for members to explain their vote during the roll call. vu~ f,~ wu.rr~.+s •wr OFFICE OF THE CITY SECRETARY -8- CITY Of DALLAS, TEXAS r 0 b ;y ~ ' x , ~a k t CITY COUNCIL ROLES Ol PROCEDURm :,it 'O~ /~Y I section 1. DUTIES AND PRIVILEGES 01 {J ~o MEMDEk, (continued) 4.7. Personal Privilegea The right of a member to addrers the city council on a question of personal privilege shall be limited to cases in which the member's integrity, character, or motives are assailed, questioned, or impugned. to express Ddissent a from otor t protest Any member Mall have the right resolution, or other action of the city council and have the reason for the dissent or protest entered in the minutes. Such dissent or protest may be filed in writing, and presented to the city secretary for placement in the minutes not later than the next regular agenda meeting following the data of the city council's action on the matter. 4.9• fxousal from Attendance. City council members are expected to attend meetings and stay in attendance during each meeting. No member shall be excused from attendance at a city council meeting except for good and valid reasons. I 4a30. ssousal Duriaq Meeting. No member should leave the city council chamber while in session without advising the presiding officer. 4.11. Absence Decause of Official City Dusiaess. If a city council member is absent from a city council meeting because he or she is on official city business, as an officially designated city representative, the member may request that the city secretary record in the minutes for that meeting that the member was absent because of official city business. i i i 3 ' j yu+, iti ,wu+rNrr.r a,w OFFICE OF THE CITY SECRE'T'ARY -9. CITY OF DALLAS# TEXU ra -Ile 9 i z i CITY COUNCIL RULES or PROCEDU~ ^ A I+If ilj1 J.~~ / ell section S ' CRAIR AND DUTIES 5.1. Chair. The mayor, it present, shall preside as chair at all meetings of the city council. In the absence of the mayor, the mayor pro tea shall preside. In the absence of both the mayor and mayor pro tea, the deputy mayor pro too shall preside. In the absence of all three, the council shall elect a chair. It the mayor vacates the chair during a meeting, and the mayor pro tea or deputy mayor pro tam is not available, the mayor may, subject to the approval of the city council, appoint a temporary chair. The first adjournment puts an and to this appointment. [City Charter, Chapter III, Secs. 2 and 11] 5.2. Cali to order. The meetings of the city council shall be called to order by the mayor, or in the mayor's absence, by the mayor pro tom or in the mayor pro tem's absence, by the deputy mayor pro tea. In the absence of mayor, mayor pro tom, and deputy mayor pro tea, the resting shall be called to order by the city secretary. 5.3. Preservation of Order. The chair shall preserve order and decorum, call upon the sergeant-at-arms as necessary to enforce compliance with the rules and confine members in debate to the question under discussion, 1 5.4, Questions to be stated. The chair shall state all { questions submitted for a vote and announce the result. A roll I i call vote shall be taken when requested by a member in accordance J I with Paragraph 4.6. f { 5.50 call for Reeess. The chair may call for a 10 minute recess at regular intervals of approximately one hour at appropriate points in the meeting agenda. OFFICE Of THE CITY SECRETARY -10- CITY OT DALLAS, TEXAS n 9 i } r. k.,• d A 4 CITY COUNCIL ROLLS OF PROCEDURE section f r 4tb ORDER of BUSIVEes 2_5 6.1. Agenda. business of ( each Preparation minting mshall be Distribution. the order agenda as bcontained in The 1 prepared as follows: (1) The agenda shall be a listing by topic of sub acts to be considered by the city council, and shall be delivered to members of the city council in advance of each meeting in accordance with the directives of the city council. i (Z) The mayor shall determine the contents of the agenda relating to policy items. The mayor shall transmit these items to the city manager in time for distribution to the city council at the same time operational items are distributed. (3) The city manager shall present the operational agenda to the city council. (City Charter, Chapter III, Sea* I 13(a)(1)i(4)) ! F f f i Ll 1i i i r i s, OFFICE OF THE CITY SECRETARY .11. CITY OF DALLAS, TEXAS i 4 CITY COUNCIL RULES OF PROCEDURA $action S. ORDER OF BUSIVEBS (continued) ?6 6.1. Agsada. (continued) (b) Briefing Meetings. on the first and third Wednesdays of each month, the meeting shall begin in the morning at 9:00 a.m. The city council shall present any proclamations or other recognitions scheduled for the day. At the conclusion of the proclamations, the briefings scheduled for the day will begin. The city manager will present options and recommendations at the and of each policy briefing. Briefings will not exceed one hour per item with not more than 20 minutes for presentation and 40 minutes for discussion. M extension of discussion in 10 minute segments may be provided by majority vote. A council member may speak no more than two times on any briefing item, and each time will be limited to five minutes. (c) Voting Agenda Meetings. On the second and fourth Wednesdays of each month the meeting shall begin at 900 a.m. with an agenda hearing at which the city council shall hear speakers who wish to comment on matters that are scheduled on the city council's voting consent and individual item agenda for that day. The city council shall also hear open microphone speakers. Speakers shall appear in accordance with applicable rules established in Subsection 6.3 of these Rules. Upon completion of any speakers allowed under Subsection 6.3 to speak at the beginning of the meeting, the city council will consider the minutes, the consent agenda, and individual items for consideration until noon when they shall recess. At 1:00 p.m. the city council shall reconvene to resume the voting agenda. Public hearings will be not to begin at 2:00 p.m. At the completion of the public hearings, the city council shall resume its voting agenda. City council consideration j of voting items on the agenda, including heating speakers, will be limited to 90 minutes for each item, with t.`:e consent agenda counting as one item. Briefings will not be schtriuled for voting days except for emergencies. voting items will not ba scheduled on j briefing days except for emergencies. (d) Vitt Wednesdays. When a fifth Wednesday occurs i in a month, the city council meeting may be used for special j workshops, planning sessions, or other matters as agreed between I the city manager and the city council. (e) The times specified for speakers and city council activities at the briefing meetings and the voting agenda meetings may be adjusted on days when the city council determines to hold an S evening meeting. i optics or THE CITY SECRETARY -12- CITY OF DALLAS, TEXAS ) i . 1 CITY COUNCIL RULER Of PROCIDUR31,'„J^!' ~ -9 Section i. ORLQ= OF SUSINESS (continued) 6.7. Pceseatations by Members of Council. The agenda shall include any item that any city council member requests be brought before t~ altr dodooll: on the agenda vltAin lour r""' oQf~."11 Include any such rwPosts council Meader. x~eipt unless vithdravn by by the must be placed on the~xtvotiyhq ~rN council members, the Item notify the mayor,, all council asabir~ *'~'WWil members shall er ~de n the item no later than noon on the Friday before the regular dWednesday agenda meetinge sday i j 4 y r 1 wry w +u rrrwirr.r mar OFfICg Or THE CITY SECRETARY -13- CITY OF DALIM, TLP;M t ' q 9;y11 CITY COUNCIL RULES 01 PROCEDURE " q _46 section i. ORDER OF BUSINESS (continued) os~a 1 ~j~ 6.3. Citisen Speakers. At briefing meetings and voting agenda meetings, a person may address the city council concerning voting items on the agenda or may present a subject for the city council's consideration during the open microphone periods in accordance with the following rules: (a) Speakers to Register. A person wishing to address the city council must first register with the city secretary and provide the following inforsationt Name, residence address, daytime telephone number, the subject matter to be presented, and whether the subject is on the currant city council meeting agenda. A person may register either in person or by telephone. The earliest a person may register for an upcoming city council meeting is the beginning of the next regular business day following the previous city council meeting. The deadline for registering to address the council is 9:00 a.m. of the day of the meeting. (b) Kaneger say Contact Speaker. On the Tuesday before the Wednesday city council meetinq, the city secretary will provide the city manger with the registration information of persons who have registeLed up to that time. The city manager may direct a member of the city staff to contact the person to try to resolve a problem. Contact by a member of the city staff should in no way suggest that the person should not appear and address the city council. (c) speaker Rules. In order that the city council may properly consider each matter brought to it by citizens, speakers are asked to observe the following rules: I (1) Only one person may approach the microphone at any one time, and only the person at the microphone will be allowed to speak. (Z) There will be no substitutions or pooling of spesYers. (1) Speakers must aadr*ss their comments to the presiding officer rather than individual city council members or staff. Speakers say not refer to a city council member by name. (1) Speakers may file copies of their remarks or supporting information with the city secretary. The city secretary will sake the information available to the city council and city manager it requested. i Y OF DALt,A OFFICE 0! THE CITY SECRETARY -14- CITS, TEXAS ! { a y f 6 { l: rrt 1 CITY COUNCIL RULEB Of PROCEDURE Section S. ORDER OY BUSINESS (continued) 6.7. Citisen Speakers. (continued) Cl C~'~ a public hearing (must limit remarks to the pacific subject matter being considered by the city council in that public hearing. (6) Dallas citizens will be allowed to speak before nonresidents. (7) Any person who has addressed the city council at either a briefing muting or a voting agenda meeting in the preceding 30 days, excluding sparking at a public hearing, may only speak during the open microphone period at the and of the city council meeting. (d) Time Limits on voting Items. The length of time a person will be allowed to speak on voting items at city council meetings will be determined according to the following rulest i ? (1) A person who registers to speak on a voting item, other than a public hearing, will be called on at the time the item is considered by the city council, subject to the time restraints set forth in Subsection 6.1(c). A person who registers to speak on multiple voting items must speak on all Ito" at the i time tha first item for which the speaker is registered is considered by the city council. Speakers will have a maximum of three minutes to speak regardless of the number of voting items they wish to address. The mayor may determine the order in which speakers are called. The order in which speakers are called is not required to be in the order that items appear on the agenda, nor are all speakers on a particular item required to be called at the same time. (7) The mayor may impose more restrictive time limits on voting its" that are not public hearings, but for which a %urge number of persons register to speak. (7) For called public hearings concerning I applications to change zoning, to remove a flood plain designation, { to change the name of a street, to use park land for another purpose, and similar cases, each person who registers will have a maximum of three minutes to speak, or if the city council approves by a majority vote, each side of the issue will be allowed a maximum of 16 minutes to make a presentation. i I wu,~ it nw+.wr.~r ...wr ggi4 OFFICE OF THE CITY SECRETARY -1s- CITY OF DALLAS, TEXAS Jd e ) 6 CITY COUNCIL RCLES Or pROCEDOAE s•otioa ORDER Or BUSINESS (continued) 6.3. Citiseo 6peaksrs. (continued) annexation, benefit assessment budgets community development block thoroughfare planes and char specially called hearings, each person who registers will have a maximum of three minutes to speak. The mayor may impose more restrictive time limits on public hearings for which a large number of persons register to speak. not permittad to(a)ddressethe city councilQduring tph~ onsiderati on of a zoning ordinance placed on the agenda -in which a public hearing has been held by the city council if tho public hearing has been closed. opportunity for citizens to present concerns or The city council will provide an are not matters for consideration listed on a qq during an "open microphone" period at cityscouncil tmeetings, subject to the following rul•si (i) Five persons may speak on any matter, including a of each n agenda item, during an open microphone period at the beginning city be provided after council the city couoil s has i concluded ~ so agenda* also which time all sr.zakers not heard earlier in the meeting may speak. at i (Z) Each speaker may speak only once, and the length of time a person will be allowed to speak during the open m r"istor for icrophone period open three minutes. . if a large number of speakers with the concurrence of a majority of period$ however* th mayor the city council, i pose may restrictive time limits in order to allow the maximum nuuabsroof persons to speak. be determined by the mayor aexcept that persons who have not spowken at a city coMoil meeting in the past 30 days will be called fprat. OFFICE OF THE CITY SECRETARY .16. CITY OF DALLAS, TEXAS tn. r cr•a+'" 1 CITY COUNCIL RULER Or PROCIDORE Q =r ~ station is ORDER 0! BUSINESS (continued) 6,1. Citizen speakers. (continued) (g) During designated speaker times city council f members may ask factual questions or make a brief acknowledgement of speakers. Speakers will have one minute to respond. More time may be granted to the speaker for a response at the discretion of the mayor or by a nondebatable notion approved by the city council. Council members will refrain from debate on any item during time allotted to speakers unless a specific time is granted by the mayor or by a nondebatable motion approved by the city council. J r, i, i ? rrivr w rMrrw+r ~.w~ MICE OE THY CITY SECRETARY -17- CITY Or DALLRS, TEXAS { f CITY COUNCIL RULES OF PROCEDURE 22 Section 6. ORDER OF BUSINESS (continued) -P9 6.4. Communications to Mayor and City Council. The city manager shall provide the city council with an analysis of major items to be acted upon by the city council at its meetings. The analysis shall be delivered to the city council members precedinq the meeting at which the item is to be discussed. G.S. Oral Presentations. Matters requiring the city council's attention or action may be presented orally by the city manager. If matters have developed since the deadline for delivery of the agenda, the city manager, or any city council member, may make an oral report to the city council, but formal action, if required, shall be delayed until the next meeting. 6.6. public Bearings. (a) The City manager shall schedule public hearings on the city council's agenda to be held at least two weeks before the city council must vote on the matter, except for zoning and assessment hearings. (b) By request of a majority of the city council or by the mayor, the city manager may schedule a public hearing on the same day or within two weeks before the time that a vote must be taken on the it". (c) whether a public hearing is closed or held open, the vote on the item may be placed on the agenda two weeks after the openinq of the public hearing. { (d) The city council may schedule public hearings at fl times other than its regular meetings when it determines that the matter to be heard is a significant Issue that requires more time than is available at regular meetings. The mayor may call an advertised public hearing at a specified time on any matter. i i 1 6 vrn ua~ ,.ww...,r.r awr OFFICE OP THE CITY SECRETARY -Is- CITY OF DALUIS, TEXAS i it r CITY COUNCIL RULES Of PROCEDURE-,r Section 7 COUIDERATION Of ORDIKOCES, RESOLUTIONS MM NOTIONS 7.1. Printed Vora, All ordinances and presented to the city council only in printed rformutions shall be 7.2, City Attorney to Approve, All ordinances shall be approved as to form by the city attorney. (City Charter, Chapter VII, Secs. 3 and 41 7.3. Distribution of Ordinances. The city manager shall proper* copies of all proposed ordinances to be available for distribution s introduede, oi r at such council earat the lier time meeting which the ordinance i is appropriate. 7,4. Rules of order. The most recent edition of Roberts Rules of council in allr caRevised ses, unless they are in co flict with the eh rules. 3 i J I' I ww..w -19. CITY or DALLAS, TEXAS orrice Or THE CITY SECRETARY 19- f g e ~ y F Sk 1 CITY COUNCIL ROLE8 OF PROCEDOREA° _.3 ~ 3~o~~~q4t Section 7. ORDINANCES, RESOLUTIONS AND NOTIONS (continued) 7.5. order of precedence of Notions. The following motions shall have priority in the order indicated: 1. Adjourn (when privileged) See notes 1 i 2 2. Take a recess (when privileged) See notes 1 A 3 3. Raise a question of privilege Lay on the table 5. Previous question See note 5 6. Limit or extend limits of debate See notes 3 A 5 7. Postpone to a certain time See note 3 8. Commit or refer See note 3 9. Amend SOO notes 3 i 10. Postpone indefinitely 11. Main motion See note 3 Note 1; The first two motions are not always privileged. To adjourn shall lose its privileged character and be a main motion if in any way qualified. To take a recess shall be privileged j only when ether business is pending. Note 21 A motion to adjourn is not in orders 1) When repeated without intervening business or discussion; 2) when made as an interruption of a member while speaking; 3) while a vote is being j taken. Note 31 Can be amended - others cannot be 1 amended. 1 Note 11 A motion to amend shall be undebatable when the question to be amended is undebatable. Note St Two-thirds vote of members present required. i i { OFFICE OF THE CITY SECRETARY -20- CITY OF DALLAS] TEXAS i i 1 1 4 i 9u _ 9. CITY COUNCIL ROLES OF PROCEDURE d sso~~~ 8e0tion 7. ORDIMANCE88 REBOLUTIONS AND XOTION8 (continued) 7.6. Reconsideration. A motion to reconsider any action of the city council may be made not later than the next succeeding voting agenda meeting of the city council. Such a motion may only be made by a member who voted with the prevailing side. It can be seconded by any member. No question shall be twice reconsidered, except by unanimous vote of the city council, except that action relating to any contract may be reconsidered at any time before the final execution thereof. 7.7. The Previous Question. When the previous question is moved and seconded, it shall be put as follows: "Shall the main question be now put?" There shall be no further amendment or debates but pending amendments shall be put in their order before the main question. If the motion for the previous question is lost, the main question remains before the city council. An affirmative vote of two-thirds of the city council members present shall be required to approve the previous question. (To demand the previous question is equivalent in effect to moving *that debate now cease, and the city council immediately proceed to vote on the pending motion." In practice, this is done with the phrase "Call for the Question," or simply, saying "Question.") 7.8. withdraval of Notionse A motion may be withdrawn, or modifies, by its mover without asking permission until the motion has been stated by the chair. If the mover modifies the notion, i the seconder may withdraw the second. After the question has been stated, the mover shall neither withdraw it nor modify it without the consent of the city council. 7.9. Amendments to motions. No proposal of a subject different from that under consideration shall Le adaitted as a motion or amendment to a motion. A motion to amend an amendment shall be in order, but one to amend an amendment to an amendment shall not be in order. 7.10. appropriations of money. Before formal approval by the city council of motions providing for appropriation of money, information must be presented to the city council showing the purpose of thi appropriation and the account to which it is to be credlted* in addition, before finally acting on an appropriation, the city council shall obtain a report from the city manager as to the kvailability of funds and the city manager's recommendations as to the desirability of the appropriation. i r t 1 OFFICE OF THE CITY SECRETARY -=1- CITY of DALLAS, TEXAS f f a g 0_9._ ' CITY COUNCIL ROLES OF PROCEDURE Section 7. ORDINANC18o RESOLUTIONS AND NOTIONS (continued) 7.11. Deferral of Agenda items. (a) A city council member may defer, until the next city council voting agenda meeting, a voting item appearing on the city council agenda by delivering a written list of the agenda item numbers to be deferred to the city secretary before 9:00 a.m. of the city council meeting day, unless the items (1) previously appeared on a city council meeting agenda and was deferred by request of a city council member; (2) was previously presented and discussed at a city council briefing meeting within the past six months at which a quorum was present during at least part of the briefing on that item or (3) is a public hearing or was previously discussed at a public hearing before the city council. (b) A majority vote of the city council is required to., (1) defer an agenda item described in subsection (a) (1). (2), or (3); or (2) deter an agenda item to a time later than the next city council voting agenda meeting. l (c) The city manager may delete agenda items by delivering a written list of the agenda item numbers to be deleted to the city secretary before 9:00 a.m, of the city council meeting day. { (d) No later than 9:30 a.m. of each ally council meeting day, the city secretary shall post, adjacent to each entrance to the city council chamber in Room 6 E North, a list of all agenda items deferred by a city council member or deleted by the city manager. The city secretary shall not include on this list, an item described in subsection (a) (1), (2), or (3). f (e) For the convenience of the public, other city i council members, and the staff, a city council member should announce the intent to defer an item on the agenda as soon as that determination is made. OFFICE OF THE CITY SECRETARY .22. CITY OF DALLAS, TEXAS i ~.F t 1 CITY COUNCIL ROLES OF PROCEDURE 9 _4/~, 0. section a rr~q'q'f VOTES REQUIRED 7p~~ Approval of every ordinance, resolution, or motion shall require on final passage the affirmative vote of a majority of city council members present, except that the City charter, and certain state statutes impose other voting requirements on various questions. In addition, these rules set forth certain instances in which the number of votes required is greater than a majority of all members. As a matter of convenience, questions on which the voting requirement is varied by the City Charter, State statutes and these rules are listed below: 8.1. Charter and State Requirements. I (a) Removal of Certain officers - Ten votes. Removal of the city manager (unless otherwise provided by contract) or removal of the city secretary or city attorney during a term of office, requires a vote of two-thirds of all members of the city council. (city Charter, Chapter IIIA, Sec. 1, Chapter VI, Sec. 1; and Chapter VII, Sec. 1] (b) Establishment of Departments - Twelve Votes. ordinances creating or making any change in a department require approval of three-fourths of all members of the city council. (City Charter, Chapter X, Sec. 1] (c) changing Paving Assessment Plans - Tom votesa l alChanges in plans members of thercityicouncil assessment 1105ba Sec two-thirds 10, Vernon's Texas Civil Statutes) member of the city scouncil x requires an affirmative Expulsion vote of two-thirds of all members of the city council. (city Charter, Chapter III, Sea. 161 zoning classification*, a) Cages in soninq ordinance - Twelve votes. Changes in ( commission or where a hearing is hold i bydtheeci by council iandpthe change is protested by owners of 20% or more of the area within 200 feet of the affected property, or within 200 foot of the front or to the rear of the property subject to rezoning, must have the approval of three-fourths of all members of the city council. (.Art. IOlle, Vernon's Texas Civil Statutesr City Code, Chapter 51, Sec. 32-101] 'r'te .ti r+~.~s-anr.• awr OFFICE OF THE CITY SECRETARY -23- CITY OF DALLAS, TEXAS 1 i M : i is s+,w:. 1 CITY COUNCIL ROLES OF PROCEDURE, _00 9 L. `Ji7 n Section I- VOTES REQUIRED (continued) 1z'__7 429 33 DT'b 8.2. City Council Rules Requirements. (a) suspending Rules - Tea Votes or Less Depending on the mambos present. City council rule may be suspended by an affirmative vote of two-thirds of the members present. (Rules of Procedure, 10] may be called by the mayor, city manager or any threeccitymcouncil members. (Rules of Procedure, 2.21 on the (c) The Previous Question - Tea votes or Less Depending Kusber Presents An affirmative vote of two-thirds of the members present is required to approve this previous question. (Rules of Procedure, 7.7) Less Dependi(nd) Limit an the or Number Presentmits . Twro th -thirds vote - Ton Votes or present. (Rules of Procedure, 7.71 4 i i i i " f I t F'. 1 Jr ti,+ 4q OFFICE OF THE CITY SECRETARY -24- CITY OF DALLAS, TEXAS Fp 1 i r t Yv, CITY COUNCIL RULES OF PROCEDURE section f J od 7-`1 CITY COUNCIL COMMITTEES 9.1. Cornittees Established. (a) The following standing committees of the city council are establishods (1) Arts and education committees (2) Business and commerce committees (3) Finance and municipal affairs committees (1) Health and human services committees (5) Legislative committees (6) Minority and women owned business enterprises committees (7) Neighborhood redevelopment committee; (8) Privatisation committee; (9) Public safety committees and (lo) Transportation committee. (b) Each standing committee shall review matters in its ' area of responsibility that are referred to it by the city council, the city manager, or an individual city council member. A standing committee may by majority vote, recommend action to the city council, but a committee recommendation is not necessary for a matter to be placed on the city council agenda. The coaittes chair may make a statement on behalf of the committee on an item in s a briefing or voting meeting of the council. 9.2. Appointment. (a) A standing committee shall consist of not less than three members of the city council appointed by the mayor. The mayor shall also appoint a chair and vice chair of each committee. Only city council members may serve on a standing Committee. Jb) The mayor may remove and reassign members eS and from the varous standing committees. 9.3o cossittee Meetings. second Monday of each month uunlessethe chair all most an the first or the establishes another meeting time. The chair may also schedule additional meetings but such meetings may not exceed two each month unless called by the mayor or the council. r1W tti w/WNIIYA.W 1►M OFFICE OF THE CITY SECRETARY -25- CITY OF DALLAS, TEXAS s ar I CITY COUNCIL ROLES OF nROCEGURE ' ?i`:0, ~oO / Beatioa CITY COUNCIL COMMITTEE'S (continued) e/© (b) The chair of a committee must place an item on the agenda of a committee meeting at the request of any three members of the committee. The request must allow for at least 72 hours public notice that the item will be considered at the committee meeting. constitutes ac) A majority of the members of the committee accordance withgthe Texas Open Meetinmeetings gs Act. must be Committees may a/son as approved by the mayor or the council, conduct public hearings to receive public comments. 9.4. Ad Roo C committees from time tomtime eto study and review specific issues The mayor shall determine the number of members and appoint a chair of ad hoc committees. The ad hoc committees shall be established for a designated period of time which may be extended by the mayor and shall most as needed. f 9.5. (Reserved) I 906. Ageada and Information, Before each committee meeting, the city manager shall provide an agenda and supporting information 1 for each committee meeting, to committse members and the public. j Items may be schedule(d) on the agenda for committee briefing by the chair, the city council, the city manager or the mayor. 9.7 (Repealed) i i I ' { rrM u~ w,rw~.y s.wr OFFICE OF THE CITY SECRETARY -26- CITY OF DALLAS, TEXAS s i CITY COUNCIL ROLES OF PROCEDURE n j Section to RULER SUMNSIOM OR AXXMDMEMT UJo 10.1. suspeasioa of Rules. Any provision of these rules not governed by the City Charter, City Code, or state law may be temporarily suspended by a two-thirds vote of the members of the city council present. The vote on any such suspension shall be taken by yeas and nays and entered upon the record. 10.2. Amendment of Rules. These rules may be amended, or now rules adopted by a majority vote of the members of the city council present. i i WOW OFFICE OF THE CITY SECRETARY -27- CITY QF DALLASO TEXAS t d CITY COUNCIL ROLLS Or PROCEDURE INDEX TO sECTloxs 07 406W17 section i AMORI?Y . . . . . . . . . . . . . . . . . . . . . 1 section 2 MEETIN6s 2.1. Regular Meetings . . 2 2.2. Special Meetings 2 2.3. Public Notice 2 2.4. Quorum . . . 2 2.5. Compelling Attendance . . . . . . . . . . . . . . . 2 2.6. City Manager Participation . . . . . . . . . . . . 2 2.7. City Attorney Participation . . . . . . . . . . . . 2 2.8. City secretary Participation . . . . . . . . . . . 2 2.9. City Auditor Participation . . . . . . . . . . . . 3 2.10. Executive Sessions . . . . . . . . . . . . 3 2.11. Smoking in the City Council Chamber . . . . . . . . 3 2.12. Punctuality and Breaks . . . . . . . . . . . . . . 3 2.13. Briefing Meetings . . . . . . . . . . . . . . . . . 3 section 3 CODE OF CONDUCT 3.1. City Council Kemhers 4 3.2. Administrative Staff 5 3.30 Citizens and other Visitors 6 3.4. Enforcement . . . . . . . . . . . . 7 f Section 4 DO?IES AND PRIVILEGES OF XZKSZRs 4.1. Seatinq Arrangement 6 4.2. Right of floor . . . . . e 4.3. Conflict of Interest . . . . . . . . . . . . . . . 8 4.4. Right of Appeal . . . . . 8 4.5. Voting . . . . . . . . . 8 4.6. Demand for Roli Call . . . . . . . 8 4.7. Personal Privilege 9 4.8. Dissents and Protests 9 4.9. Excusal from Attendance 9 4.10. Excusal During Meeting 9 4.11. Absence Because of Official City Business 9 section S CHAIR mm DD?I18 5.1. Chair 10 5.2. Call to Order . . . . . . . . . . 10 503. Preservation of order 10 544. Questions to be Stated 30 515. Call for Recess . . . . . . . . . . . . . . . . . 10 I I ....w .ti ra.s~sr•..~ awds OFFICE OF THE CITY SECRETARY -28- CITY OF DALIASO TEXAS p i r I i CITY COUNCIL RULES OF PROCEDURE INDEX TO SECTIONS Section S ORDER OF BUSINESS 5.1. Agenda . . . . . . . 6,2. Presentations by Members of Council . . . . . , 11 , 6.3. citizen Speakers . . . , , , , . . 13 6.4, Communications to Mayor and City council . . . , IS 6.5. Oral Presentations 18 6,6. Public Hearings . . . . . . • . • . . . . . . • • 18 . 18 Section 7 CONSIDERATION OF CRDINANCE8, RESOLUTIONS MW 1WTIONS 7.1. Printed Form . . . . . . . . . . . . . . . 19 7.2. City Attorney to Approve . . , . , . . . . . . . 19 7,3. Distribution of ordinances . . . . , . , , , , . 19 7.4. Rules of Order . . . 19 7.5. Order of Precedence of motions. . , . . . . . . , 7.6. Reconsideration . . . . . . . . . . . . . . , 21 2 1 7.7. The Previous Question 21 7.8. Withdrawal of Motions . . . . . . . , . . 21 r 7.9. Amendments to motions . . . . . . . . . . . . . . 21 { 7.10. Appropriations of Money . . . . . . . . . . . , 7.11. Deferral of Agenda Items . . . . 21 22 8e0tiom h VOTES REQUIRED 8.1. Charter and State Requirements . . . . . . . . . 23 8.2. City Council Rules Requirements . . . . . . . . . 21 section f CITY COUMIL COXMIT?EE8 901. Committees Established . . . . . . . . . . . . . t 9.2. Appointment . . . . 225 5 9.31 Committee meetings . . . . . . . 25 9.6. Ad Hoc Committees . . . . . . . . . . . . . . . . 26 9.5. (,Reserved] . . . . . . . . , . . . , 26 9.6. Agenda and Information . . . 26 9.7 (Repealed) . . . 26 Section to ROLES SUMSION OR AUNMYT 10.1. Suspension of Rules . . . . . . . . . . . . . . . 27 10.2. Amendment of Rules 27 Wir, .r.. +.v~.wrr.r aw OFFICE OF THE CITY SECRETARY -29- CITY OF DALLAS, TEXAS r.n . 3 03/02/1994 15:25 2142193412 LEWiSVL ADIAIN PAGE 01 Poo-" I I'm" FaxTransmittal Memo 7672 I ®"°"''°"I a T 9`l ' ~ y'ISP'"1• To Se+nri,4a r Walier s ! From MO x l~ev~&i' U; _4 o4 rot ~ k%\C" . O Y ~ SecfeA(A f"'a11y341'~a-may alq-3 y 11 We ~'~bLo CaTmr6 a' ❑oNrq ❑Nrurn ~C~ti br p'c~w pipwna. -5thw;Jc tr See_ Sec~>~h ling aeeaksR- sp4,t %t t-\ ~ & \4ber, or mee{inns Cain log. Ca11e~. lA.~ M& or, C%4,{ t a ANfJWI" a~kko- Co t,mi1 C!6~ -~Wis~us been ksed 4or ay14J i~ten+~s A Sb Ant- Section 3.99. Meetings of the city coandl. The city council shell hold at least two regular meetings in each mo^th at a time to be fixed by it for such regular meotings, and may hold as many additional meetings during the i month as may be necessary for the transaction of the business of the city and its citizens. All meetings of the city ommeil shall be public, sad shall be held at the city hall, except that the • city council may designate another place for such meetings. Spacial meetings shall be called -J 13.49 LEWISVILLE CHARTER t by the city secretary upon request of the mayor, city manager, or a majority of the members of the council. All meetings shall be held in compliance with open meetings laws of the State of Tacos and no dosed or executive meetings shall be held unless the city council has first been eon- vend in an *pion meeting or session for which lawful notice has been given and during which open meeting or session the presiding officer has publicly announced that a dosed or executive meeting or session will be held end identified the section or sections under the open meetings lawn of the state of Tow authorlring the holding of such closed or executive session. No final action or vote with regard to any matter considered in the closed meeting shall be made except in a meeting which is open to the public and where the general subject matter for consideration appears on the agenda of such public meeting. (Amend. elee. 43094) . State lair relerener-Open m"tinip law, V@r St.-Art. A2,52-17- s i Jj\wFDOCS\ORD\CITIZSN.G y y5of~ ORDINANCE NO. O?3 AN ORDINANCE AMENDING ORDINANCE NO. 90.026 RELATING TO RULES OF PROCEDURE FOR THE CITY COUNCIL OF DENTON, TEXAS BY ADDING TO SEC- TION 8 ENTITLED "CREATION OF COMMITTEES, BOARDS AND COMMISSIONS" A SUBSECTION 8.3 PROVIDING GUIDELINES FOR NOMINATING CITIZENS; PRO- VIDING A SEvERABILITY CAUSE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HtAEBY ORDAINS: LQTjQx I. That Ordinance No. 90-026 relating to Rules of Procedure for the City Council of Denton, Texas is hereby amended by adding to Section 8 entitled "Creation of Committees, Boards aad Commissions" a Subsection 8.3 providing guidelines for nominating citizens is to read as follows: 8.3 Upointmental (a) Individual City Councilmembers making nominations for members to citizen boards and commissions will consider interested persons on a citywide basis. (b) The City Council will make an effort to be inclusive of all segments of the community in the board and commis- sion appointment process. City Councilmembers will con- eider ethnicity, gender, socio-economic levels, and other factors to ensure a diverse representation of Denton citizens. (c) The City Council will take into consid(iration an Li individual's qualifications, willingness to serve, and application information in selecting nominations for membership to each board and commission. (d) In an effort to ensure maximum citizen participation, City Counoilmembers will continue the general practice of nominating new citizens to replace board members who have served three consecutive, full terms on the same board. (e) Each City Councilmemher will be responsible for € making nom'nations for board and commission places . assigned to his or her, which may correspond to the City Councilmomber's place. individual city Couneilmembers y will make nominations to the full City Council for the governing body's approval or disapproval. SECTION 11, That if any section, subsection, paragraph, sen- tence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court N I • 3 1. X . - 4.9 4/ f of competent jurisdiction, such holding shall not affect the valid- ity of the remaining portions of this ordinance, and the city Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 111, That this ordinance shall become effective im- mediately upon its passage and approval. p PASSED AND APPROVED this the day of , 1993. BOB CASTLEBERRY, MAYOR ATTESTS JENNIFER WALTERS, CITY SECRETARY BYs APPR AS TO LEGAL FORMS I DEBRA A. DRAYOVITCH, CITY ATTORNEY BYs .1, c,7t~ r i PACE 2 ra NY~'~`Kyts r."rc Px j t u ~ II 91/-009 1 3 fc/~ ~ORDINANCE NO. C~Lg '1 7 v A { I AN ORDINANCE AMENDING SECTION I OF ORDINANCE 90•-150 PROVIDING RULES OF PROCEDURE FOR THE CITY COUNCIL OF DENTON, TEXAS; AMENDING PRESENTATIONS BY CITIZENS AND TIME LIMITS OF BUSINESS FOR CITY COUNCIL MEETINGS; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. Section I of Ordinance No. 90-150 adopting Rules of Procedure of the City Council of Denton, Texas, is hereby amended by the amendment of paragraph 6.4 entitled "Presentation by Citizens" and paragraph 6.5 entitled "Time Limits" which shall hereafter be and read as follows: 6.4 Presentation by Citizens., (a) Any person who _ wishes to place a subject on the Council agenda at regular City Council meetings shall advise the City Manager's Office of that fact and the specified subject s matter which he desires to place an the agenda no later than 5:00 p.m. Wednesday prior to the Council meeting at which he wishes the designated subject to be considered. (b) Any person who ing an item that is on wishes Councill's sagthe enda for Council regular a or special meeting, shall complete a "request to speak" form asking to speak regarding the item and return it to the City Secretary before the Council considers the item. t The Mayor will call upon the citizen to speak for no f longer than three (3) minutes as that particular agenda item is considered by the City Council. The provisions of this paragraph do not apply to person appearing at a a public hearing in response to an official agenda notice or publication. t (c) Any person who wishes to address the Council at a and return it to thelCity secretary b fore the applicab o hearing. The Mayor will call upon the citizen to speak for no longer than five (5) minutes. 6.5 Time Limits: Speakers before the council are re- quested to limit their remarks to five (5) minutes or less except for citizens speaking to a non-public hearing agenda item, for which presentations shall be limited to three (3) minutes or less. SECTioN ii. That if any section, subsection, pars raph sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the ~r~hp~a ©9 validity of the remaining portions of this ordinancq, and the C r Council of the City of Denton, Texas, hereby declaring-it-xowid-~p~6P have enacted such remaining portions despite any such invalidity. SECTION III. That this ordinance shall become effective imme- diately upon its passage and approval. PASSED AND APPROVED this the day of , 1992. ~I i J BOB CASTLEBRRRY, MAYOR ATTESTt JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ' DEBRA A. DRAYOVITCH, CITY ATTORNEY U~ BY: a~ y, y. "N t. r Page 2 rr 1 y r '4 1 2a91L ~q a~62 ORDINANCE NO. AN ORDINANCE AMENDING SECTION I OF ORDINANCE 90-026 PROVIDING RULES OF PROCEDURE FOR THE CITY COUNCIL OF DENTON, TEXAS; AMEND- ING THE ORDER OF BUSINESS FOR CITY COUNCIL MEETINGS; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. Section I of Ordinance No. 90-026 adapting Rules of rock u~for the City Council of Denton, Texas, is hereby amended by the amendment of the Section 6 entitled "Order of Business" which shall hereafter be and read as follows: 6. ORDER OF BUSINESS i 6.1 Agenda: The order of business of each meeting shall { Fe as contained in the agenda prepared by the City Manager. The agenda shall be a listing by topic of subjects to be considered by the Council. Conduct of business at Special Meetings will likewise be € governed by an agenda and rules of procedure con- tained herein. 6.2 Pledge o~f Allegiance. Each agnda shall provide an _ te~for t no recital of the Pledge of Allegiance" at the commencement of the meeting. t 6.3 Presentations b Members of Council: The agenda 11 prov e e me when the Mayor or any Council- s a member may bring before the Council any business that he feels should be deliberated upon by the Council. These matters need not be specifically ~J listed on the agenda, but discussion and formal action on such matters shall be deferred until a subsequent Council meeting. 6.4 Presentation b Citizens: My person who wishes to p ace a su ect on t e Council agenda shall advise F the City Manager's Office of that fact and the specified subject matter which he desires to place on the agenda no later than 5:00 P.M. Wednesday prior to the Council meeting at which he wishes the designated subject to be considered. Any person who wishes to address the Council without having made this preparation must have the unanimous consent of the Council and will be scheduled after all other regular business on the agenda has been completed. This rule does not apply to anyone appearing at a public hearing in response to an official agenda notice. 4 - F sod~~-Q 6.5 Time Limit: Speakers before the Council are re- quested limit their remarks to five (5) minutes or less. 6.6 Oral Presentations b it Manager: Matters requir- ing the eunc s attentCon or action which may have developed after the deadline for delivery of the written communication to the Council may be presented orally by the City Manager. If formal Council action on a subject is required, such action may be taken only if the provisions of the Texas Open Meetings Law have been satisfied. 6.7 Presentation of Proclamations: The agenda may pro- vide e a time or the presentation of proclamations. :'he Mayor or presiding officer may deliver and present proclamations upon the request of citizens. Proclamations mayy encompass any activity or theme except that proclamations with a theme religious or partisan in nature shall not be presented. Moreover proclamations shall not be used for any commercial or advertising purpose. I SECTION II. That if any section, subsection, paragraph, sentence clause phase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declaring it would have enacted such remaining portions despite any such invalidity. SECTION III. That this ordinance shall become effective imme ate y upon its passage and approval. PASSED AND APPROVED this the OZ A, day of _O wm.1990. BERRYO DDB CAST ATTEST: JENNIFER HALTERS, CITY SECRETARY BY APPROV AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY V PAGE 2 NOTE: FOLLOWING PAGE LEFT BLANK INTENTIONALLY i 5. r~ 'I 2881E 7 5 b _tlo NOTE: AMENDED BY ORDINANCE 93-073 AND A COPY ATTACHED TO ORIGINAL, 5/07 V ORDINANCE NO._90 AN ORDINANCE PROVIDING RULES OF PROCEDURE FOR THE CITY COUNCIL OF DENTON, TEXAS; PROVIDING A SEVERABILITY CLAUSE; AMENDING ORDINANCE NO. 81-35; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Constitution and Laws of the State of Texas, and Section 2,07 of the City Charter of the City of Denton, Texas, authorize the City Council of said City to promulgate and estab- lish rules of procedure to govern and conduct meetings, order of business, and decorum, while acting as a legislative body repre- senting said City; and WHEREAS, because of its desire to more effectively and efficiently serve the public through the medium of public meet- ings, it has become necessary to amend the rules of procedure; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON$ TEXAS, HEREBY ORDAINS: 3 'I SECTION I. Ordinance No. 81-35 is hereby amended to read as follows: 1. AUTHORITY of the 1.1 Charter: Pursuant to the provisions of Section 2.07 Charter t City of Denton I enacts these rules of procedure for Texas, t meetings Cofnthe City Council of the City of Denton, Texas. During any meeting, a reasonable opportunity shall be given for citizens to be heard under these rules. These Rules of Pro- cedure are enacted as guidelines to be followed by all persons in the Council Chamber including the city administrative staff, w news media, and visitors. 2. GENERAL RULES 2.1 Meetings to be Public: All official meetings of the Council, except execut ve meet ngs or sessions permitted to be closed by the provisions of the Texas Open Meetings Law, Article 6252-17 V.A,C.S., as amended, and all sessions of a Committee of the &uncil shell be open to the public. 2.2 -quorum: Four members of the Council shall constitute a.Oquorum or t e transaction of business. {Charter, Section r; },y A . h' U.1Jv ~i ljt 7 6 S2 df'dQ 2.3 Compelling Attendance: No member shall be excused from attendance at a Tounc1I-meeting except for good and valid reasons. 2.4 Misconduct: The Council may punish its own members for miscon uct. 2.5 Minutes of Meet__i__n__gg__s: An account of all the Counci s a e e t b- proceedings of p y the City Secretar and _ tered y shall b en in a book be con A certified agenda shall be prepared official all executive sessions and shall be approved by the Mayor in accordance with Art. 6252-17a (Vernon a 1989). 2.6 questions to Contain One Subiect: Ail questions sub- mitted for a vote s a conta n only one subject. If two or ved theequestion rea onably admits ofmaedivision require a division, if ' 2Ri h Floor. Any member desiring to speak shall be recognized y t~e airperson, and shall confine his or her re- marks to the subject under consideration or to be considered. No member shall be allowed to speak more than once on any one subject until every member wishing to speak shall have spoken. 4 2.8 Cit Mans er: The City Manager, or Acting City Manager, s a atten all meetings of the Council unless ex- cused. He may make recommendations to the Council and shall have the right to take part in all discussions of th but shat a Council l have no vote. (Charter, Section 5.03(d)) ' 2.9 Cit Attorne : The City Attorney, or Acting City Attorney, s a e ava table upon request for all meetings of the Council unless excuned and shall, upon request, give an opinion, either written or oral* on questions of law. The City Attorney shall act as the Council's parliamentarian. SecretarytCie a Secatten allhemeeCit tingseCoftathc Council s unless excused, and shall keep the official minutes and perform such other duties as may be requested of him by the council. 2.11 Officers and Em Ioyeees-: Any officer or employee of the City, Wen req sate-a-by a City Manager, shall attend any meeting of the Council. If requested to do so by the City Manager, such employee may present information relating to matters before the Council. 2.12 Rules of Order: These rules govern the proceedings of the Council in a cases, except that where these rules are PAGE 2 r~ ~ r I 77 s3 e~ 6 ~ silent, the most recent Edition of Roberts Rules of Order revised shall govern. 2.13 Sus ension of Rules: Any provision of these rules not governed by t e C ty C arter or Code may be temporarily suspended by the affirmative vote of four members of the Council. The vote on any such suspension shall be taken by yeas and noes and en- tered in the minutes of the Council. 2.14 Amendment of Rules: These rules may be amended, or new rules adopts y t e a rmative vote of four members of the Council, provided that the proposed amendments or new rules shall have been introduced before the City Council at a prior Council meeting. 3. CODE OF CONDUC" 3.1 Councilmembers: (a) During Council meetings, Councilmembers shall preserve order and decorum and shall neither by conversation or otherwise delay or interrupt the proceedings nor refuse to observe the rules of the Council. (b) A Councilmember, once recognized, shall not be inter- rupted while speaking unless called to order by the Mayor or r presiding officer, unless a point of order is raised b another member or the parliamentarian, or unless the speaker choose k yield to questions from another member. If a Councilmember is j t called to order while he is speaking, he shall cease speaking immediately until the question of order is determined. If ruled to be in order, he shall be permitted to proceed. If ruled to be not in order, he shall remain silent o. shall alter his re- marks so as to comply with rules of the Council. 3.2 Administrative Staff: is (a) Members of the administrative staff and employees of the City shall observe the same rules or procedure and decorum applicable to members of the Council and shall have no voice unless and until recognized by the Chair. (b) While the presiding officer shall have the authority to preserve decorum in meetings as far as staff members and City em loyees are concerned, the City Manager also shall be respon- sible for the orderly conduct and decorum of all City employees under his direction and control. (c) The City Manager shall take such disciplinary action as may be necessary to insure that such decorum is preserved at all times by City employees in Council meetings. PACE 3 f xF ? .a Ile 78 J Sy off' (d) All remarks and questions addressed to the Council shall be addressed to the Council as a whole and not to any individual member thereof. (e) No staff member, other than a staff member having the floor, shall enter into any discussion either directly or indi- F rectly without permission of the presiding officer. 3.3 Citizens: (a) Citizens are welcome and invited to attend all cawill pacity be of the admitted room. the Council s up to t the Council, fire i sa,fety and Chamber sessionvats conversations the ) ChambAll citizens er while the will refrain Council is in from in (c) Citizens attending Council meetings shall observe the same rules of propriety, decorum, and good conduct applicable to the administrative staff. Any person making personal, imperti- nent, or slanderous remarks or who becomes boisterous while addressing the Council or while attending the Council meeting shall be removed from the room if the Sergeant-at-Arms is so directed by the presiding officer, and such person shall be s barred from further audience before the Council during that session of the Council. (d) Unauthorized remarks from the audience, stamping of feet, whistles, yells, and similar demonstrations shall n tthe who shall permitted by the presiding officer, I Sergeant-at-Arms to remove such offenders from the room. case the presiding officer shall fail to act, any member of the Council may move to require him to act to enforce the rules, and the affirmative residing officer r t (4) embers of the Council shall require the p 4 (e) No placards, banners or signs of any kind will be permitted in the Council Chamber except exhibits, displays and visual aids used in connection with presentations to the Council provided that such exhibits, displays and visual aids do not disrupt the meeting. 3.4 Enforcement: The City Manager, in the absence of a designated law enforcement officer, shall act as Sergeant-at-Arms torenforceuthelrulea of decorum herein establishedte.nce is needed 3.5 Seat in Arr6n ement; The City Secretary, City Manager an~Zrity ttorney sTiall occupy the respective seats in Chamber assigned of the Councilt may them by but any two ore Council qY PAGE 4 9C - 0" 7 9 4. TYPES OF MEETINGS SSa'FJ 4.1 Regular Meetings. The Council shall meet at seven o'clock p.m. on the rst and third Tuesday of each month or at any other times set by the Council, unless postponed or canceled for valid reasons. All regular meetings of the Council will be held in the Municipal B+silding at 215 East McKinney Screet. 4.2 Special Meetings: Special meetings may be called by the Mayor, the City Manager, or by any three members of the Council. T1^2 call for a special meeting shall be filed with the City Secretary in written form, and he shall post notice thereof f as provided by law. 4.3 Worksho Meetings: Regular workshop meetings are held at five thirty o'clock p.m. on the first and third Tuesday of each month. Other workshop meetings may be called using the same procedure required for special meetings. (See Sec. 4.2) The purpose of the workshop meeting is to discuss or explore matters of interest to the City, to meet with a City Board or Commission, or other group. These meetings are informational and normally, no final action shall be taken. 4.4 Emergency Meetin s: In case of emergency or urgent public necess ty, w c s a 1 be expressed in the notice of the t meeting, an emergency meeting may be called by the Mayor, the City Manager or by three members of the Council, and it shall be ? sufficient if the notice is posted two hours before the meeting is convened. 4.5 Executive Meetings: The Council may meet in an execu- tive meeting r session ursuant to the requirements of the Texas Open Meetings Law. Article 6252-17, V.T.C.S.) 4.6 Recessed Meetings: Any meeting of the Council may be recessed to a ater t me, provided that no recess shall be for a longer period than until the next regular meeting. P 4.7 Notice of Meetings: The agenda for all meetings shall be posted by the tyecretary on the City's official bulletin I board and notice of all meetings shall be given by the City Secretary pursuant to the requirements of the Texas Open Meet- ings Law. (Article 6252-17, V.T.C.S.) y 5. PRESIDING OFFICER AND DUTIES 5.1 Presiding Officer., The Mayor, or in the absence of the Mayor, the mayor`Prro-Tem, shall preside as chairman, or presiding officer at all meetings of the Council. In the absence of both the Mayor and Mayor Pro-Tem, the Council shall elect a temporary presiding officer. (Charter, Section 2.03) PAGE 5 4 I/~ N ' t y. i 80 9 -th Mayor, or The meetings of the Council shall be called2 to Call or order by Order: Pro-Tem. In the absence of both the Mayor and the Mayor Pro-Tem, the meeting shall be called to order by the City Secretary, and a temporary presiding officer shall be elected as provided above. 5.3 preserve ordeereanati-um-,-anerconfine members nin debate officer to shall the question under discussion. The presiding officer shall call upon the Sergeant-at-Arms as necessary to enforce compliance with the rules contained herein. 5.4 Points of. Order: The presiding officer shall determine all points o or er, snifect to the right of any member to appeal to the Council. If any appeal is taken, the question shall be, Shall the decision of the presiding officer be sustained?". If a majority of the members present vote "No", the ruling of the chair is overruled; otherwise, it is sustained. 5.5 Questions to be Stated: The presiding officer shall state all quest ons su m tte or a vote and announce the result. A roll call vote shall be taken upon the request of any member, and upon he passage of all ordinances and resolutions. 5.6 Substitution for Presidia Officer: The presiding officer may ca any other member to tae is place in the chair, such substitution not to continue beyond adjournment. 5.7 Call for Recess: The presiding officer may call for a recess of up to fifteen (15) minutes at regular intervals of { approximately one hour at appropriate points in the meeting agenda, or if requested by any two members. 6. ORDER OF BUSINESS 3 6.1 A ends: The order of business of each meeting shall be as contain the agenda prepared by the City Manager, The agenda shall be a listing by topic of subjects to be considered by the Council. Conduct of business at Special Meetings will likewise be governed by an agenda and rules of proced,sre contained herein. 6.2 Presentations by-Members of Council: The agenda shall provide a t me a en t e ayor or any ounc member may bring be- fore the Council any business that he feels should be deliberated upon by the Council. These matters need not be specifically listed on the agenda, but discussion and formal action on such matters shall be deferred until a subsequent Council meeting. 6.3 Presentation by Citizens: Any person who wishes to PACE 6 1 fY 1 . ~s, 00ft 81 S7 0 Me Q place a subject on the Council agenda shall advise the City Manager's Office of that fact and the specified subject matter ...ich he desires to place on the agenda no later than 5:00 P.M. Wednesday prior to the Council meeting at which he wishes the designated subject to be considered. Any person who wishes to address the Council without hcving made this preparation must have the unanimous consent of the Council and will be scheduled after all other regular business on the agenda has been com- pleted. This rule does not apply to anyone appearing at a public hearing in response to an official agenda notice. 6.4 Time Limit: Speakers before the Council are requested to limit t e r remar s to five (5) minutes or leas. 6.5 Oral Presentations b Cit Mane er: Matters requiring the Council's attention or action w c may ave developed since } the deadline for delivery of the written communication to the Council may be presented orally by the City Manager. If formal Council action on a subject is required, such action may be taken ' provided the provisions of the Texas Open Meetings Law have been satisfied. ' F 6.6 Presentation of Proclamations: The agenda may provide a time for t e preaentat on o proclamations. The Mayor or Chairperson may deliver and present proclamations upon the re- quest of citizens. Proclamations may encompass any activity or theme except that proclamations with a theme religious or parti- shall not san shall not be used for any commercial presented. advertising proclamations 7. CONSIDERATION OF ORDINANCES,_RESOLUTIONS,_AND MOTIONS 5 7.1 Printed or T ewritten Form: All ordinances and resolutions shall be presente to t e Council in printed or typewritten form. The Council may, by proper motion, amend any ordinance or resolution presented to it and direct that the amended ordinance be placed on the next Council Agenda for adoption. a+ 7.2 CitXAtt~orn_e_to Ap_rowe: All ordinances, resolutions, and contracts and amen3ments thereto, shall be approved as to form and legality by the City Attorney, or he shall file his written opinion on the legality of such ordinance, resolution or contract prior to submission to the Council. (Charter, 6.02) C' 7.3 Distribution of Ordinances and Resolutions: The City Manaer s a prepare cop ea o a propose or finances and * resoglucions for distribution to all members of the Council at the meeting at which the ordinance or resolution is introduced, or at such earlier time as is expedient. PACE 7 f 5 i 1 ` 1 S ~ 7,4 Recording of Votes: The ayes and noes shall be taken upon the passage o a or nances and resolutions and the vote of each member shall be recorded in the minutes. (Charter, Section 2.06(b)) 7.5 Majority Vote Required: An affirmative vote of four (4) member's--i's necessary to repeal any ordinance or take any official action in the name of the City except as otherwise provided in the Charter or by the laws of the State of Texas. 7.6 Demand for Roll Call: Upon demand of any member, the roll shall a ca a or yeas and noes upon any question before the Council. It shall not be in order for members to explain their vote during the roll call. 7.7 Personal Privilege: The right of a member to address the Counci onI-'a qu`est~n of personal privilege shall be limited to cases in which his integrity, character, or motives are ea- sailed, questioned, or impugned. Y 4 1 7.8 Dissents and Protests: Any member shall have the right to express scent rom or protest against any ordinance or resolution of the Council and have the reason therefor entered Y upon the minutes. Such dissent or protest may be filed in writ- ins, and presented to the Council not later than the next regular meeting following the date of passage of the ordinance or reso- lution objected to. 7.9 Voting Required: No member shall be excused from to voting except ror ac of information and except on matters involving the consideration of his own official conduct, or where his personal interests are involved, and in these in- stances he shall abstain. Any member prohibited from voting by personal interest shall announce at the commencement of consid- eration of the matter and shall not enter into discussion or debate on any such matter. The member having briefly stated the reason for his request, the excuse from voting shall be made without debate. 7.10 Order of Precedence of Motions: (a) The following motions shall have priority n the or er ndicatedc 1. Adjourn (when unqualified) and is not debatable and may not be amended; 2. Take a recess (when privileged); 3. Raise a question of privilege; 4. Lay on the table; PAGE 8 i v YM ~ ) -l FS 9 8 -3 3 5. Previous question (2/3 vote required); 6. Limit or extend limits of debate (2/3 vote required); 7. Postpone to a certain time; 8. Commit or refer; f P 9. Amend; 10. Postpone indefinitely; r 11. Main motion. (b) The first two motions are not always privileged. To adjourn shall lose its privilege character and be a main motion y if in any way qualified. To take a recess sha►' be privileged € only when other business is pending. (c) A motion to adjourn is not in order: 1. When repeated without intervening business or discussion; 2. When made as an interruption of a member while ` speaking; i 3. While a vote is being taken. f (d) Can be amended - others cannot be amended. (3) A motion to amend shall be undebatable when the ques- tion to be amended is undebatable. 7.11 Reconsideration: A motion to reconsider any action of the Council c- an e m`ada not later than the next succeeding offi- cial meeting of the Council. Such a motion can only be made by a member who voted with the majority. It can be seconded by any member. In order to comply with the Texas Open Meetings Law, any Councilmember who wishes to make such a motion at a meeting succeeding the meeting where the action was taken shall notify the City Manager to place the item for reconsideration on the Council agenda. No question shall be twice reconsidered, except by unanimous consent of the Council, except that action related to any contract may be reconsidered at any time before the final execution thereof. 7.12 The Previous Question: When the previous question is moved and seconded, it shall be put as follows: "Shall the main PACE 9 a I -Irv 84 663'04 question be now put?". There shall then be no further amendment or debate; but pending amendments shall be put in their order ques- maihnfor her Council.,ue before tquestion. question remains before th tion is lost, the An affirmative vote of three-fifths of the Council shall be required to move the previous question. To demand the previous question is equivalent in effect to moving that debate now cease, and the Council immediately proceed to vote on the pending motion". In practice, this is done with the phrase Call for the Question", or simply saying "Question". 7.13 Withdrawal of Motions: A motion may be withdrawn, or modified, y is mover w t out asking permission until the motion has been stated by the Presiding Officer. If the mover modifies his motion, the seconder may withdraw his second. After the question has been stated, the mover shall neither withdraw it nor modify it without the consent of the Council. The subject different from that under consideration shall be admitted under color order, but one to amend an amendment to an amendment shall not be in order. 7.15 A ro riations of Mone Before formal appropriation pof vmoneyy the Coune o mot ons prov ng for y' information must be presented to the Council showing the purpose s of the appropriation. In addition, before finally acting on such an appropriation, the Council shall obtain a report from the City Manager as to the availability of funds and his recom- mendations as to the desirability of the appropriation. 7.16 Transfer of A ro riationst At the request of the City the aCouncil may Eby resolution rtransferoan unencumbered ebalance of an appropriation made for the use of one department, division, nontax but no revenues or ourpose; F 8. CREATION OF COMMITTEES BOARLS AND COMMISSIONS 8.1 s, Council Committoentmenth of Coul com- 4 c the i ad mhoe" Council com- aris mittmittES aut or xe t e app mittees. Any committee so created shall cease to exist upon the accomplishment of the special purpose for which it was created or when abolished by a majority vote of the Council. 8.2 Citizen Boards Commissions and Committees: The Council may create of er omm ttees, oars an omm ssiona to assist in the conduct of the operation of the City government with such duties as the Council may specify not inconsistent with the City Charter or Code. Memberships and selection of members PAGE 10 is G, Y , 84 3.2 =9W question be now put?". There shall then be no further amendment or debate; but pending amendments shall be put in their order ques- tion before Is the main thequestion. main o question hremainsnbefor forehthe Council. An affirmative vote of three-fifths of the Council shall be required to move the previous question. To demand the previous question is equivalent in effect to moving that debate now cease, and the Council immediately proceed to vote on the pending motion". In practice, this is done with the phrase Call for the Question", or simply saying "Question if. 7.13 4litht Mmover wMt tout askin mpermissionbuntilttheamotion modified, y has been stated by the Presiding Officer. If the mover modifies his motion, the seconder may withdraw his second. After the question has been stated, the mover shall neither withdraw it nor modify it without the consent of the Council. The subject different from that under consideration shall be admitted under clor oamendment. A amend motion to be in order. 7.15 A ro riations of Mone Before formal approval by the Counc o motions prov ng for appropriatioogn of money, information must be prey In eaddition, Council before showin goon of the appropriation. such appropriation, the Council shall obtain a report from an com- the City mendatiousaasgto the desirability aoflthe appropriation hie re 7.16 Transfer of A ro riations: At the request of the City Manager, an within t V last t ree 3) months of the budget year, ' the Council may by resolution transfer an unencumbered balance of an appropriation made for the use of one department, division, ourpose; nontax but no any other purpose. 8. CREATION OF COMMITTEES BOARDS AND COMMISSIONS 8.1 Council Committees: The Council may, as the need arises, cut or ze t e appo ntment of the "ad hoc" Council com- mittees. Any committee so created shall cease to exist upon the oacrcomplishment of the special abolished by a majority pvote sof the Council. was created 8,2 Citizen Boards Commissions and Committees: The Council may create of er omm trees, cars an omm scions to assist in the conduct of the operation of the City government witsuch duties as h Charter or tCode. Memberships and d enot lection inconsistent the members PAGE 10 J` G , f P 85 r 61071 shall be as provided by the Council if not specified byothecreatCitey Charter or Code. Any shall cease to exist upon the accomplishment of the pur- pose for which it was created, or when abolished by a majority of the vote of the Council. No Committee so appointed shall have powers other than advisory to the Council or to the City Manager, except as otherwise specified by the Charter or Code. com l.4wit -r_ P ArticledIII of ssChapteion ofhthe Each board shall be provided a copy of these Code of Ordinances. rules of procedure ant. each advisor's board shall adopt rules of procedure governing dthehereof in o astisboard, lincorporating Sections 2, 3, 5, sofar poss. Q, VOTES REQUIRED tions the are listed below: by the eme Charter, StateoStatutes and these ingulreequir 9.1 Charter end State Statutory Requirements: (a) Charter Amendment - Five Votes: Ordinances submitting ote proposed C arter amen menta must e a opteTesaeaConatitutionvand of the Council. (Article XI, Section 3, Article 1165, Revised Civil Statutes). For a seven member k Council, this means five members must vote affirmatively. 1 (b) Levying-Taxes - Five Votes; Ordinances providing for the assessment-and co ect ono taxes require t(Article 1033, two-thirds of the members of the Council. Revised Civil Statutes.) Five Votes: iO7e (c) Chan in Pavin Assessment Plans Changes in p ans or pav ng asseasmant requ re a t Revised sCivil of the Council. (Article 1105b, Section 10, Statutes.) (d) Chan es in Zonin Ordinance or Zonin Classifications: In cases 0 a wr tten protest o a c ange n a z ng regu at on or zoning classification by the owners of twenty (20%) percent or more either of the area of the lots included in such proposed same k change, or of the lots immediately therefrom,~isuchhamend ent shall tending two hundred feet (20000') not hs o 3/4)fofcall except b oEytheeCityvCouncil VOste of ix (6)tvotes s of the City Council is required to override the decision of the Planning and Zoning Commission that a zoning change be denied. rv II IC Y 3 (a i PAGE 11 k, j i 1 3VVV,~ 8 6 6 2of=6 y 10. RULES SUSPENSION OR AMENDMENT 10.1 Sus ension of Rules: Any provision of these rules not governed by t a ty arter or Code may be temporarily suspended by a majority vote of :he Council. The vote on any such suspen- sion shall be taken by yeas and noes and entered upon the record. mattveh vote olfsfoumay be amended, or new 10,2 Amendment of Rules: r (4) members of the rules adopte Y t e a r Deed amendments or new rules shall council, provided that the prop rior Council meeting. have been introduced into the record at a p 11. SEVERABILITY CLAUSE That if any section, subsection, pa: graph, sentence, clause, lication thereof to any phrase or word in this ordinance, or aPP court of competent 'person or circumstances is held invalid by any c jusuch risdictions ordinance, andethet validity City Counc the remai l of the remaining ng portions of this City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. d-g'2-1"--~ day of PASSED AND APPROVED this the 1990. i ~ ATTEST: JENNIFER WALTERS, CITY SECRETARY BY., APPR VED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY., Y PAGE 12 f CITY COUNC i pace 0 t 4 1 -009 I l+pendeko I A~enOasro ' CITY O DENTON, TEXAS MUNICIPAL BUILDING / 215 E, McKINNEY / DENTON, TEXAS 76201 I MEMORANDUM i DATE: March 21, 1994 1! TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, city manager SUBJECT: IMPACT FEES Attached is a paper concerning Impact Fees. This paper might provide some helpful information concerning impact fees which we would discuss during your Retreat on March 29, 1994. We have many documents related to impact fees including other cities-' studies, published reports of the issues and the state law. I We have these at SusVs desk for your review. We can copy these I for you. Frank Robbins authored this paper. You might contact him if you have any questions (566-8950). 4L1yd'V. Harrell, C y Manager LVH:lah AXX0054F r~. 0 rte :r k y 8171566.8200 D/FW ME IRO 434-2529 rrs ) zoo IMPACT FEES to oph and State Law royal a condition of development. app impact fees are imposed as or builder pals for the (regulation not taxation). A developer support a new develop- expected off site improvements necessary to ment. impact f esf cal Government impact fee theollowsstate: law that governs (4) "impact fee" means a charge or assessment imposed by a political subdivision against new development in order to generate revenue apital improvements funding or recouping the costs of cor facility expansions necessitated by and attributable to the now develo recoveryfeeee term includes amortised charges, lump-mum charges, carital contributions in aid of construction, and any other fee that functions as described bY(e)this dedication of land formpudoes blic nparks or payment in lieu of the dedication to serve park needel {g) dedication of rights-of-way or easements or construction or dedication of on-site water distribution, wastewater collection or drainage facilities, or streetso sbyeaalket ordinance if the curbs dedication or construction is raga ired valid and it necessitated by and attributable to the placed invtrost funds rfor the (c) lot or acreage fees to be p purpose of reimbursing developers for oversis;ing or constructing water or sewer Maine or lines. may be levied capital improvements, for which an impact fee 4 according to Chapter 395, Local Government Code, are: (1) ^capital improvement" means any of the following facilities that have a life expectancy of three or more years and are owned and operated by or on behalf of a political subdivisions (a) water supply, treatment, and distribution facilities) wastewa and drainage r and) flood contand facilitiesteatment or not rtheytare locateq , located within the service areal and (9) roadway facilities. Impact fees for roadway facilities may not be charged: (1) in a city's ETJ; (2) for streets smaller than a collector street; or (3) on the federal or Texas highway system. Impact fees against development in the ETJ for improvement other than roadways j .•+~+nrV in bent011 Impact fees apital recover fees have from 1984 toe1987r,sbutrnotiadopted.' before. They y W in 1986. A A capital ing fiFee rm was icommiss oned to workfwithdthe committee major or engineer, ort recommended "investi- and made its report in 1987. The 1987 rep gating possible use of assessments"+ noted that capital recovery fees were feasible, but recommended postponing PAGE 1 t d E E g r' yi development of the fees pending proposed state legislation. No fee development worked from August 01989 stonJanuary 1990. See enclosurea3k force Chronology. Some Imnat Fes Benefits As growth here continues at a more rapid pace, the need for new iyinfdrainage, rastructue and is at improvements built to support new development, there will be a concurrent need to fund them. Currently, without impact fees, the costs of such infrastructure improvements are borne by tax and rate payers. Examples of such improvements include the expansion of our water and wastewater treatment plants and associated mains, and road improvements such as p-yan Road, suh fees imprvements, and h for finance Impact Bonnie improvemeand Payne ntsi hep Drive. such help maintain our competitive tax and utility rates. Impact fees could also provide a mechanism for subdivision perimeter infrastructure, such as adjoining sidewalk, street, and utilities which are now required to be built, but which would not connect at the time of construction to an adjoining walk, street, or line, to be built later in a more functional link. The Iopac Fpe Adoption Process i First adopted in 1987, amendef] and codified in 1989, Texas impact fee law (Chapter 395, LGC) requires a rigorous analysis of the bases for the fee, a detailed process for adoption of and amend- ments to the fee, and methods of accountability. A flow chart of major elements and the process is enclosure 1. En re 2 is a summary of the cities we surveyed for the vision oclosu project concerning their impact fees. Most cities use consultants to help in adopting the impact fee ordinance. Impact fee analysis is a time consuming and technically exacting, yet a one time event. The process is complicated and detailed. Use of experienced consultants is recommended. There are many firms who have worked with several cities. AXX00551 PAGE 2 i 4 r -INA ENCLOSURE 1 PROCEDURES FOR ADOPTION T OF IMPACT FEES SECTION (3) o u" emetKr+ ee eh q oonslder~t °wt°e 1AsppoM~it rnrtoryJ°c~i~ b 10 he ' [-Provkle Dut~lo hearing Mbe z ao r4e meruem ww Public h°arinp on lend uee asaumPb" t m ea..M.. rcon3k nand aseumptlona Ac" t r kroncs approving fie land use ll E6i lop CIP and cakula,e Irnpect fe99 _ _ S ~t orb nerve i b o8neldsr GP date for pubric he"V Li~Provlde pubsc hearing ] Matra avaelabla b Wft the CIP 1 r - t y ~ maoo~~.www,. ~-_S- k _r Adv" oommite° 0" written oommenta] Public hearing on GP and knpect lees Consider dP end knpaol fees Accept Adopt ordinance approving CIP and Yflpact lees Un lff*-nl7trnp-acl our currant W could be appointed the advteoof L comlttes, or a &"role comalttea of at leeat 40% I S~op~ of rhlch Rat be representative of the real estate/building/development Irduetry. 1 I A3 '4 CHART I: IMPACT FEE SURVEY OVERVIEW x s. h~ r e ~ a N r er ( a it .r ~{µyFt, ' 3:. b r •1 f;~ r c ':'x 3 ~ ~ p s Po AFr kid sv ~ ° ) e l fN: s.. +Z•v xs t~v ,p'~ "6, r F % ~i, `z ~ V xvPaS",: °`a r'e r A~Ca Lv.. F~ItM .~a'R~['6' xstl~lly. Sd~S'llts i; D~ng. sR y, ~,r„".:• it+rx r;ent ra'".r,k':s°rr.''s'a~`dk+irr'. O Arlington Yes ✓ ✓ ✓ P for to Lssuance of Building Permit P III t_ carrolhon Yes ✓ ✓ Prior to Lwuance of Building Permit M Coppell Yes J J ' Prior to Recording of Final Plat +-0 CA rlt : zn i dd~.~s ,4 v `a i v z > 1A 3°,• r,r P,al1rl ear $.i K a, 2y':, aG r, av ` 1\V,►r ♦PPIUCABt,I: g ~~2µ 8.t¢r. a v p•t a'`'~«,'wrwyc m,~ ~'-0. `z f A1`[. ( <A : s M rx,.: .<re, n R'An z.`M x t. Er.•hy Flower Mound Yes ✓ / ' Prior to 6suance of Budding Pemdt Fort Worth Yes ✓ ✓ Prior to issuance of Building Permit Frisoo Yes J ✓ ✓ When Final Plat Is Filed ~ 6&~l. !y k'` s SS r r rr y h E s d t w t ♦ +rPS.T*,. y, r u yr~ i ON Y)y x U grf: atii n M y T': 1 : S MW~ ,t- , ~s,zg ppc.. a t k tQ .M a am ,PrLICtaL iy i r~ 3# " . i s x YaS$ ti' tear r. v-0' v a S kr..2 y«5~«YV .fL•k+a?Y.ON 0 Grapevine Yes ✓ ✓ Prior to Lssuance of Building Permit 0 4 Highland Village Yes J ✓ With Final plat w Keller Yes ✓ J ✓ Prior to Issuance of Building Permit Lewisville, Yes ✓ J Prior to Issuance of Building Permit McKinney Yes ✓ ✓ Prior to Lsuance of Building Pemut g Plano Yea / ✓ SlpeIe Famliv Develoomentr Prior to Filing Final Plat t ! I 4 NNW FamllvlNoa Reddentlal iDevelopmentr Prior to 3 Approval of Engineering Plans ,L V:2 w 9+e .i' lr 3«" K v ' 9 nn Y ~ r Y k'~!~'4M .a ^ « wy (KiSnSfr.,yF & «2i •a M; r •?'a ♦af,~.. *fY. ie+~ k~.r`:rn y,z2 ~~s tie~:.:(yw e, t~„oPI,lCAB'7: r I Now being studied. 4 • C G p r ' F t t or% O CHART II: IMPACT FEES ASSESSED t f mp`act F'ce ,nu ry A° 3, ' L t• i r ".o l f P~ f i ~ r 9 r a F4 'PS .t a.. bJ Y .s xd ;wx 'Velta' r cHi f s F T a s s s yr ° r€ tt 41, , ^s dryK •6 r y s r 5a g„ e Ai ms' m± S s.A ' ` 2y « s t :y a o•y 4 t+ •d Y F ,N x u y .Ym v t n s" t a x*.* _"._S"" I'~!!y,':. y , <4^ r q4 Ua~.Oli~ )ilU FCI.+ t AU~! G0/,'' w',Y I'•'.pltp~' ~s+' a ~:s., a,. r .r~ax . e •n w a. as r,, a.,. ,:a, ..Y i` G,r war', w?. as.q 7F°.: g4w Arlington Residential: Residential: Residential: $383 Multiplied by E.S.U.' $315 Multiplied by E.S.U.' S414r Per S.W 1 7 ? Non-Residential: Non-Residential: Non-Residential. 3 $675 Multiplied by E.S.U.' $557 Multiplied by E S.U.' 5489' Per S.U' Carrollton Base Rate Charged Per Base Rate Charged Per Acre: Acre: s' Low Density $920 Low Density $310 ' Medium Density $1,160 Medium Density $390 as S , High Density $3,190 33% High Density $1,070 33% ' Low Intensity Office $2,830 Low Intensity Office $950 F DiOC'sgPPLIC,11 r ' y a. ` Medium Intensity OfficeS4,420 Medium Intensity Orfic4l,480 High Intensity Office $5.580 High Intensity Office $1,870 A r _ a Vii" "t Commercial $580 Commercial $190 Industrial $1,020 Industrial $340 14 t~M ODppe]I Waters City Customers: LS J $650 Multiplied by E.S.U. Domestic: $450 Per S.U' FIre Service llfeter Only: Combination Flre/Domestic: e s `r,t .r $1,625 Multiplied by E.S.U.' $450 multiplied by number of + J * + a ` ~ , y ? Y.ae L,N; , k ~s y~ yY t 1 E.S.U. for dOtMStk meter q+ ~ rryYd Y Combination Flrer'Domestk: size $1,625 plus $650 multiplied T 1 I G`l : s by number of E.S.U.' for DLU.D. Customers: domestk meter size Domestic: $225 Per S.U t J ` " ' " A a v f Combination Flre/Domesik: a DPS ~V 1 $225 multiplied 3 r f' v ! by number of E.S.U.v for i domatk meta sIu iN~K i i 'tdt : t. y ~~o ° r J z+ A z " rLl r+Y M r'£ 11 . a Flower Mound 7 ? ? ? • +r I t t Irapatr doe r t r t; s Q r IYt d r 1A i , MYortl: 5356 Afuhipticd by E S.U.' 40% kd by E.S.U.' ` 178' PeteS°.W yy 67% $4,436 Per S U t 67% F $3,178 Pet S U t 67% ~~4r_"''A,A¢7.~•,Gy~P~' P '",TMV"`M~e~'~~'•~v'x"3~ei ^7..::, nv~.*fi.P .xw~.. e w. , ~h tC~ W rP p a i G v:e $592 Multiplied by E.S.U.' 67% $6 Multiplied by E.S.U.' 67% ' P by ~ f lend page $3,333 Multiplied by E.S.U.' p ES.U.' 7 ~ s " t u $1,125 Multiplied by ES.U.' 50% 0 Muhiplied by E.S.II.' 50% 51500 Per S U t 7 r' r xp « w+ It[ I Lewisvilk $761 Multiplied by E.S.U.' Annual Increase $934 Multiplied by E.S.U. Annual Increase to Reach 100% to Reacb 100% 1VO1 APPSI~,~BL$ ~ a1PY(d < a in 4 Years in 9 Years $McKinney SF.: 5500x. x'k ~s k $R: $500 an y,h~ l~~ z z ° 7, elt~ T 11LF.: $400 Pet Unit IILF.: %a x < A M Y x $400 Per Unit (se a meters) (separate meters) ,.s m"~ 6 $260 Pet Unit f (single meter) $260 Per Unit Ci1BtE" s ` 1 (single meter) 7 r Q Cb~ 1 I CommemlaUltetall: $1,000 CommerclaWRetall: $1,000 Industrial: a a ~M . s<ati ,R "tr 3 b; $500 (single meter) Industrial: $500 (single meter) ~ ~w x $1,000 (multiple meters) z # y $1,000 (multiple meters) i r i . 1 1' l { iro atl Fce . w,~ , .Pi , v }'.r~" e w, c v rr# , ~y-..a A .w F ,r a r£r e a y•e~ y A.. G~ Y `'s' x"° "•:z.,,~. 1« °>•"'rte ;4'y4T~lna1 Co '4~p ,°ev,'~•e~x w,'':S ~'r'Aci`tal 6; b f, n foipga }.S : r 9;AElaa1 Colt`:, a.c.r : cva A: Ka. r, nett ..?dv, 4A e r.rA tJ•: 5Ll, zi asx ,a, sdk r)1 ^{,'x l 7 P1arw Set Rate by Meta Size: Set hate by llfaer Sire: x ESN r a f ~sd' ` r .75' Meta $528 .75' Meta $470 r° ' vi c G , s :<'x' F i 1' Meta $898 1' Meta $799 a ;y ry r 4 j i 1.5' Meta $2,112 15' Meta $1,860 , r a y e ; t ~ i 2" Meta $2,798 50% 2' Meta $2,491 50% No Meta $5,650 3 Meta $5,029 ~ ~ , ~ s•~xa., ~d » f 'a S d' f 5N ~Y R Y 4' Meta $8,818 4Y Meta $7,849 ya ? 3 Yyyarde~y,~{{~qy S 7 vx i W ~ Yy 1Ry} irr 5~ 6' Maa $17,582 6m Meta $15,651 8" Mesa $28.142 8' Meta $25,051, IT Meter $40,498 10' Meta $36,049 * ~ a n ya : ~Fyx3 . a, a t'yay` 11,3515" G 5S ra '"4r a.v . r~°p° `..,y~YVt a / `Pn rr ,,yam, ia,°°''c6i qv #.re ~ a~' Mae= =s e Water and wastewater fees combined. 7 Fquivalem service unit multiplier based on meter sire. t Foe charged per acre of development. t Base foes vary per land use. Shown fee is average of all base fees. r Q 0 l -1a t7 , W l7' !.r l 4 i t i Z4' j 1 1 I ~ 7 Enclosure 3 ' CITY OF DENTON !O IMPACT PEE CONSIDERATIONS CHRONOLOGY OF ACTIVITIES March 24, 1994 October 1, 1984 r PUB agenda item# analysis continues. recovery fee January 8, 1985 - Council considers PUB resolution propos- ing capital recovery fees. Council asks for additional information. February 19, 1985 ~ieunofcline.extension for single 85-40; Proata Charge in residences. June, 1985 - Water/Sewer Line Extension Policy. Pro-Rata reimbursement for City extended lines. September 16, 1986 Council and nt. recommended hiring anconsulta May, 1987 - Report on Capital Recovery Fee Feasibil- ity; prepared by Camp Dresser & McKee Inc. as directed by Capital Recovery Fee Citizen's Committee. C~ 1987 - Impact Fee Legislation Introduced in State Legislature (Jack Renfro of CDM helped author legislation). June 20, 1987 - Senate Bill (S.B.) No. 336 signed by governor. May, 1989 - House Bill (H.S.) No. 1786 amends Impact Fee Legislation adding clarity, flexi- bility and supposedly user friendliness. August, 1989 Employee Task Force established to study legislation. January, 1990 - Final Task Force meeting. June 20, 1990 - Impact Fee Legislation prohibits capital recovery fees not formulated in accor- dance with legislation. Denton's pro- rata fees rendered ineffective. Denton ceases collection of fees for City. Fees for developers still applicable. AXX00SS1 8. I i =CITY 'COUNC I - wY+ I ` .r I _J e r Ce G~;c= II I /Q M S ~ .VV. Y aYi M y . s a0eedeNo - OG 9 AQenQa t r -ot ® two 3 CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE {817) 566.8307 Office of the City Manager MEMORANDUM kkr TO: Mayor and Members of the City Council E FROM: Lloyd V. Harrell, City Manager { DATE: March 25, 1994 SUBJECT: 1994 City Council Annual Planning Session Staff is ready to begin coordinating the 1994 City Council Annual Planning Session. To that end, the attached represents preliminary work on possible locations for the retreat. While we are still awaiting information on three locations, we wanted to bring this to you for discussion. Also, Council will need to consider the possibility of a facilitator for the session. As you recall, Mr. Bob Saunders from Liberty, Missouri, served as the facilitator during the last t retreat. Staff is ready to contact Mr. Saunders if that is the Council's direction. Finally, we need to determine when to schedule this year's planning session. Last year we conducted the retreat on the weekend of June 25-26. Please advise if I can provide additional information. RESPECTFULLY SUBMITTED, ` i yd V. Harrell City Manager Prepared by: 4 Vq~ art Jos h Portugal Assistant to the City Manager t t, { tYa "Dedicated to Quality Service" A x' f f i ~ x 1994 CITY COUNCIL PLANNING SESSION t HOTEL DATES ROOM RATE MEALS MEETING RM A-V EQUIP. TOTAL EA - I MARRIOTT SOLANA s HYATT REGENCY $99.00 $100.00 $100.00 $60.00 $220.00 INSIDE DFW SHERATON GRAND $70.00 $65.00 Included $5.00 $140.00 AT DFW RADISSON HOTEL $50.00 $9.25 $35.00 $60.00 (DENTON) TOTAL TANGLEWOOD RESORT CONFERENCE CENTER ON LAKE TEXOMA i DFW AIRPORT $79.00 Included $45.00 Included $155.00 HILTON CONFERENCE except each CENTER Friday dinner est. $30.00 ` OMNI MANDALAY AT LAS COLINAS NOTES PER PERSON COSTS DO NOT INCLUDE TRANSPORTATION. T _ k s z i 1994 CIT°. COUNCIL PLANNING SESSION OPTION It MARRIOTT SOLANA HOTEL, WESTLAKE (817) 430-0038 INFORMATION NOT RECEIVED YET. EXPECT COMPETITIVE PRICING TO OTHER AREA HOTELS. OPTION 2: HYATT REGENCY HOTEL, INSIDE DFW, (214) 453-1234. CONTACT BONNIE WILLIAMS { 1100 OCCUPANCY. k $99.00 PER N00 FOR FRIDAY FEE OF SATURDAY* PLUS 1100,00 FORO FOOD AND BEVERAGES A LA CARTE. CHARGE FOR AUDIO-VISUAL EQUIPMENT (I.E. $40.00 FOR OVERHEAD PROJECTOR AND $15.00 FOR SCREEN) OR CAN BRING OUR OWN. TOTAL COST PER PERSON: $220.00 approx. OPTION 3: SHERATON GRAND AT DFWI (214) 929-8400. f CONTACT LISA NOVOSAD $70.00 PER NIGHT, SINGLE OCCUPANCY. NO SET UP FEE FOR MEETING ROOM IF WE HAVE MEALS. AUDIO-VISUAL EQUIPMENT AVAILABLE ON RENTAL BASIS OR CAN BRING OUR OWN. MEALS: DINNERS BEGIN i AROUND $23.00; LUNCH $12.00; BREAKFAST $8.75. BREAKS: $3.00 PER PERSON. i f TOTAL COST PER PERSON: $140.00 approx. OPTION 4: RADISSON HOTEL* 565-8499. CONTACT LAURA PEGUES NO OVERNIGHT ACCOMMODATIONS. SET UP FEE FOR MEETING ROOM IS $25.00. MEALS AND BREAKS A LA CARTE. MEAL COSTS: DINNERS AVERAGE $15.00-$16.00; LUNCHES AVERAGE $9.00; BREAKFAST-- DONUTS ARE $9.00 PER DOZEN AND DANISH ARE $18.00 A DOZEN. FOR BREAKS: COFFEE IS $16.00 GALLON; SODAS ARE $1.00 EACH; JUICES ARE $1.35 EACH. AUDIO-VISUAL EQUIPMENT RENTAL FEES BASED ON WHAT IS NEEDED: OVERHEAD PROJECTOR-$25.00; SCREEN-$8.00; T.V.-$25.00; VCR-$25.00; SLIDE PROJECTOR-$25.00. TOTAL COST PER PERSON: $60.00 approx. OPTION 5: TANGL£WOOD RESORT G CONFERENCE CENTER ON LAKE TEXOMA, (903) 786-2968. NO CURRENT INFORMATION YET. TOTAL COST PER PERSON: yc, , I 1 OPTION 6s DFW AIRPORT HILTON, EXECUTIVE CONFERENCE CENTER, (817) 481-8444. CONTACT ANNA UNDERWOOD $79.00 PER NIGHT, SINGLE OCCUPANCY, PLUS $45.00 PER PERSON, PER DAY, EXECUTIVE CONFERENCE CENTER USE. INCLUDES BUFFET LUNCH IN CONFERENCE DINING ROOM, TWO DAILY BREAKS (MORNING BREAK COMPARABLE TO CONTINENTAL BREAKFAST), MEETING ROOM AND AUDIO-VISUAL EQUIPMENT. TOTAL COST PER PER.ONs $155.00 PLUS TAX AND GRATUITIES. OPTION 7t OMNI MANDALAY AT LAS COLINAS, (FOUR SEASONS RESORT) yt (214-717-0700). CONTACT KYLE SMITH 1 PRICING INFORMATION NOT RECEIVED YET. t k NOTE: PER PERSON COSTS INCLUDE LUNCH AND DINNER FRIDAY, BREAKFAST, LUNCH AND REFRESHMENTS ON SATURDAY, AND DO NOT INCLUDE TRANSPORTATION. AMM0028E IE F .d. CITY r~ COUNC ~I~TTt r}w ~rl ~ I I 4 ~ 0 i •rQM r;; CL'+4rr~ 1 L 7 1 ABet~daNo -Oct Agendaite Me CITY Of DENTON,, TEXAS MUNICIPAL BUILDING / 215 E. MCKINNEY / DENTON, TEXAS 76201 MEMORANDUM r ! DATE: March 25, 1994 i TO: Lloyd V. Harrell, City Manager FROM: Kathy DuBose, Acting Executive Director of Finance SUBJECT: HOTEL/MOTEL OCCUPANCY TAX FUNDS I have attached several pieces of information relating to hotel occupancy tax to facilitate the discussion of Lalor Fund allocation at the Council Retreat Tuesday, March , 29th. Below I have listed the information provided: I e ; 1) Copy of City of Denton Code relating to Hotel Occupancy Tax; 2) Copy of State of Texas Tax Code relating to Hotel Occupancy Tax; and 3► Copy of Minutes relating to current contracts with hotellmotei tax " recipients. I am completing a survey of several metroplex cities as to the allocation of Lalor Funds to be distributed at the retreat. J ; If you have any questions, please advise. ; 1 fir i Mch Allet"nts i+t AFF00954 817/566.8200 0/FW METRO 434-2629 :j ~ y'` i 4 A e e A t 110-81 DENTON CODE - - ARTICLE IV. BINGO GROSS RECEIP'T'S TAX' 77 See. 10.81. Levied. An annual gross receipts lax of two (2) percent on the gross receipts on the conducting of bingo games within the city is hereby levied and shall be collected from every person con- ductingbingo games in the city in accordance with the provisions of Vernon's Ann. Civ. St. art. 179d. (Code 1966, § 22.41) Secs. 10.82-10.100. Reserved. ARTICLE V. HOTEL OCCUPANCY TAXI See. 10.101. Definitions. The following words, terms and phrases, when used in this article, shall have the mean- ings ascribed to them in this section, except where the context clearly indicates a different meaning; Consideration means the cost of the room in a hotel only if the room is ordinarily used for sleeping and does not include the cost of any food served or personal services rendered to the t occupant of such room not related to the cleaning and readying of such room for oocupancy. f Hotsl means any building in which the public may, for a consideration, obtain sleeping { accommodations, including hotels; motels; tourist homes, houses or courts; lodginghouses; r inns; roominghouses; or other buildings where rooms are furnished for a consideration; but not including hospitals, sanitariums or nursing homes. Occupancy means the use or possession or the right to the use or possession of any room f in a hotel if the room is one which 13 ordinarily used for sleeping and if the occupant is other than a permanent resident. Occupant means anyone who, for a consideration, uses, possesses or has a right to me or possess any room in a hotel under any lease, concession, permit, right of access, license, contract or agreement, other than a permanent resident. Permanent resident means any occupant who has or shall have the right to occupancy of any room in a hotel for at least thirty (30) consecutive days during the current calendar year or preceding year. Quarterly period means the regular calendar quarters of the year, the first quarter being composed of the months of October, November and December; the second quarter being the months of January, February and March; the third quarter being the months of April, May and June; and the fourth quarter being the months of July, August and September. 'Editor's note-By referendum on Januar-- 15, 1983, the electorate approved Ordinance No. 83.05 authorizing bingo in the city. State law reference-Bingo enabling act, Vernon's Ann. Civ. St. art. 179d. tstate law reference-Hotel occupancy tax authorized, V.T.C.A., Tax Code § 351.001 et seq, 710 i a a' . R § 10.81 DENTON CODE " `1~~ cJ ARTICLE IV. BINGO GROSS RECEIPTS TAX' Sec. 10.81. Levied. An annual gross receipts tax of two (2) percent on the gross receipts on the conducting of bingo games within the city is hereby levied and shall be collected from every person con- ducting bingo games in the city in accordance with the provisions of Vernon's Ann. Civ. St. art. 179d. (Code 1966, § 22.41) Secs. 10.82-10.100. Reserved. ARTICLE V. HOTEL OCCUPANCY TAXI Sec. 10.101, Definitions. The following words, terms and phrases, when used in this article, shall have the mean- ings ascribed to them in this section, except where the context clearly indicates a different meaning: Consideration means the cost of the room iu a hotel only if the room is ordinarily used for sleeping and does not include the cost of any iood served or personal services rendered to the occupant of such room not related to the cleaning and readying of such room for occupancy. Holel means any building in which the public may, for a consideration, obtain sleeping accommodations, including hotels; motels; tourist homes, houses or courts; lodginghouses; R inns; roominghouses; or other buildings where rooms are furnished for a consideration; but not including hospitals, sanitariums or nursing homes. Occupancy means the use or possession or the right to the use or possession of any room in a hotel if the room Is one which is ordinarily used for sleeping and if the occupant is other } than a permanent resident. ? Occupant means anyone who, for a consideration, uses, possesses or has a sight to use or possess any room in a hotel under any lease, concession, permit, right of access, license, A contract or agreement, other than a permanent resident, Permanent resident means any occupant who has or shall have the right to occupancy of any room in a hotel for at least thirty (30) consecutive days during the current calendar year or preceding year. Quarterly period means the regular calendar quarters of the year, the first quarter being composed of the months of October, November and December; the second quarter being the months of January, February and March; the third quarter being the months of April, May and June; and the fourth quarter being the months of July, August and September, t *Editor's note-By referendum on January 15,1983, the electorate approved Ordinance No. 83.05 authorizing bingo in the city. Stale law reference-Bingo enabling act, Vernon's Ann. Civ. St. art. 179d. tState law reference-Hotel occupancy tax authorized, V.T.C.A., Tax Code § 351.001 et seq, ) 710 a r f D FINANCE AND TAXATION 110-104 Tax assessorcotiector means the tax assessor and collector of the pity.' ? ? % - - - (Code 1966, 123-1) Cross reference-Definitions and rules of construction generally, 6 1.2. 3 O~~ 7 Sec. 10.102, Levied; amount; exemptions. (a) Except as provided in subsection (b) of this section, there is hereby levied a tax of seven (7) percent of the price paid for a room in a hotel on every person who, under a lease, conces- sion, permit, right of access, license, contract or agreement, pays for the use or possession or r for the right to the use or possession of a room that is in a hotel, costs two dollars ($2.00) or more each day and is ordinarily used for sleeping. The price of a room in a hotel does not include the cost of food served by the hotel and the cost of personal services performed by the hotel for the person except those services related to the cleaning and readying of the room for C possession. (b) No tax shall be imposed under subsection (a) of this section upon the following persons: (1) A permanent resident; (2) A federal or state employee traveling on business; (3) Diplomatic personnel who present a tax exemption card issued by the United States Department of State; I (4) Federal or state military personnel traveling on official military business. This ex- emption does not cover military staff on leave or between stations. (Code 1966, 123.2) ' Sec. 10.103. Collection. (a) Every person owning, operating, managing or controlling any hotel shall collect the tax levied by this article for the city. (b) The hotel operator shall be entitled to one (1) percent of the hotel occupancy tax revenues collected as reimbursement for the operator's administrative costs for collecting the tax. However, as provided in this article, if the hotel operator fella to timely pay over the tax or timely file a report as required by the city or files a false report with the city, he forfeits any right to reimbursement. (Code 1966, 4 233) See. 10.104. Quarterly reports. On the last day of the month following each quarterly period, every person required to collect the tax imposed by this article shall file a report with the tax assessor-collector showing the price paid for all room occupancies in the preceding quarter, the amount of the tax collected on such occupancies and any other information the tax assessor-collector may reasonably require. Such person shall pay the tax due on such occupancies at the time of filing such report. The report shall be in a f xm prescribed by the tax assessor-collector. (Code 1966, 1123-4) 711 { ti~~" of K Y l n 10.105 DENTON CODE g Sec. 10.105. Access to books and records. The tax assessor-collector shall have the power to make such rules and regulations as are reasonable and necessary to effectively collect the tax levied by this article. He shall, upon reasonable notice, have access to books and records necessary to enable him to determine the correctness of any report filed as required by this article and the amount of taxes due here- under, including documentation of information contained in the report to the city by the hotel. (Code 1966, 9 23.5) Sec. 10.106, Penalties. s (a) If any person owning, operating, managing or controlling any hotel shall fail to file a report. as required in this article or shall file a false report or shall fail to pay to the tax i assessor-collector the tax as imposed in this article when the reportor payment is due, he shall forfeit five (b) percent of the amount due as penalty, and after the fast thirty (30) days he shall forfeit an additional five (5) percent of such tax. However, such penalty shall never be less than j one dollar (51.00). Delinquent taxes shall draw interest at the rate of ten (10) percent per annum beginning sixty (60) days from the due date. t ib) Any person violating any of the provisions of this article, including a hotel operator who fails to collect the tax, fails to file a return, files a false return or who Is delinquent in the 1 tax payment, shall, upon conviction, be punished as provided in section 1.12 of this Code. 1 (Code 1966, 9 236) Sec. 1.0.107. Additional penalties. i The city manager is hereby authorized to take all or any of the following actions against any person required to collect the tax imposed by this article and pay the collection over to the } city and who has failed to file a report or filed a false report or failed to pay the tax when due: (1) Require the forfeiture of any revenue the city allowed the hotel operator to retain for its cost of collecting the tax; M File legal proceedings against the hotel for noncompliance; and (3) File legal proceedings against the hotel seeking any other remedies provided under j state law. II Sec. 10.106. Authorization to bring suit. The city attorney is hereby authorised to bring suit against any person required to collect the tax imposed by this article and required to pay the collection over to the city and who has failed to file a report or filed a false report or failed to pay the tax when due. Such suit may seek to collect such tax not paid or to enjoin such person from map provided the the city moil Injunction. the tax is paid or the report is filed or both, as applicable and 712 i T } r § 10.105 DENTON CODE 7 Sec. 10.105. Access to books and records. The tax assessor-collector shall have the power to make such rules and regulations as are reasonable and necessary to effectively collect the tax levied by this article. lie shall, upon reasonable notice, have access to books and records necessary to enable him to determine the correctness of any report filed as required by this article and the amount of taxes due here- under, including documentation of information contained in the report to the city by the hotel. (Code 1966, § 23.5) Sec. 10.106. Penalties. (a) If any person owning, operating, managing or controlling any hotel shall fail to file a report as required in this article or shall file a false report or shall fail to pay to the tax assessor collector the taxes imposed in this article when the report or payment is due, he shall forfeit five (5) percent of the amount due as penalty, and after the lust thirty (30) drys he shall forfeit an additional five (5) percent of such tax. However, such penalty shall never be less than one dollar ($1.00). Delinquent taxes shall draw interest at the rate of ten (10) percent per annum beginning sixty (60) days from the due date. ib) Any person violating any of the provisions of this article, including a hotel operator ! who fails to collect the tax, fails to rile a return, files a false return or who is delinquent in the tax payment, shall, upon conviction, be punished as provided in section 1.12 of this Code. (Code 1966, § 23.6) r Sec. 10.101. Additional penalties. ` The city manager is hereby authorized to take all or any of the following actions against I any person required to collect the tax imposed by this article and pay the collection over to the city and who has failed to file a report or riled a fuse report or failed to pay the tax when due: (1) Require the forfeiture of any revenue the city allowed the hotel operator to retain for its cost of collecting the tax; (2) File legal proceedings against the hotel for concompliance; and (3) File legal proceedings against the hotel seeking any other remedies provided under state law. Sec. 10.106. Authorization to bring suit. r> The city attorney is hereby authorized to bring suit against any person required to collect the tax Imposed by this article and required to pay the collection over to the city and who has failed to rile a report or filed a false report or failed to pay the fax when due. Such suit may seek to collect such tax not paid or to enjoin such person from operating & hotel in the city until the tax is paid or the report is riled or both, as applicable and as provided in the Injunction, 712 i P F ~S t FINANCE AND TAXATION z~ 10127 Sec. 10109. Use of revenue derived from tax. - - 6007 The revenue derived from any hotel occupancy tax imposed and levied by this article may be used only to promote tourism and the convention and hotel industry, end that use is limited to the following: (1) The acquisition of sites for and the construction, improvement, enlarging, equipping, repairing, operation and maintenance of convention center facilities as such are de- fined in V.T.C,A, Tax Code 4 351.001; (21 The furnishing of facilitiea, personnel and materials for the registration of convention delegates or registrants; (31 Advertising and conducting solicitations r,nd promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity; (4) The encouragement, promotion, improvement and application of the arts, including instrumental and vocal music, dance, drama, folk art, creative writing, architecture, design and allied fields, painting, sculpture, photogral'iy, graphic and craft arts, motion pictures, radio, television, tape and sound recording and other arts related to the presentation, performance, execution and exhibition of these major art forms; and Historical restoration and preservation projects or activities or advertising and con- ducting solicitations and promotional programs to encourage tourists and convention delegates to visit preserved historic sites or museums- a. Which are at or in the Immediate vicinity of convention center facilities; or b. Which are located elsewhere in the municipality or i`,a vicinity that would be " j frequented by tourists, c,)nvention delegates or other visitors to the municipality. i i i Secs. 10.110-10125. Reserved. ARTICLE VI. TAX EXEMMON FOR DESIGNATED HISTORIC SITES' Sec. 10.128. Purpose. This article is ena-ted for the purpose of encouraging the preservation of individually designated historic sites by providing for a reduction of the city's property tax to qualifying properties. (Ord. No. 87.189, 4 022.50), 10.20-87) Sec. 10.127. Definition. As used in this article, "designated historic site" :weans any structure and the land necessary for access to and use of the structura which is: fff (1) Designated as a recorded state historical landmark by the state historical commis. sion; or r *Cross reference-Historic land preservation and historic districts, 135.211 et seq. 713 3 e~, i s c It § 10; 27 DENTON CODE 121 Individually designated as an historic landmark in accordance with article V of chapter 35 of this Code. For purposes of this article, a designated historic site shall not include any structure or land that is an historic hmdmark solely because of its inclusion in an historic district, as provided for in article V of chapter 35. (Ord. No. 87.189, 6 1(22-51), 10.20.87) Cross reference-Definitions and rules of construction generally, § 1.2. Sec. 10.128. Partial two exemption. (a) Any property which is a designated historic site on January 1 for any year beginning with 1989 and extending to and including 1998 shall be exempt from real property ad valorem taxes levied by the city to the extent of fifty (50) percent of the assessed value of the designated historic site. The exemption provided for in thla section shell apply for a maximum of ten (t0) successive years, beginnIn;- with the first year tto property is entitled to the exemption during the specified years and continuing and including each and every year of the nine (9) successive years thereafter during which the property is a designated historical site on January 1 of those nine (9) years. (b) Immediately after January 1 of each year, the executive director of planning and community development shall notify the chief appraiser of the county appraisal dfetrict of all designated historical sites that qualify for the tax exemption for that year. To receive the exemption provided in this section, a person claiming the exemption must apply for the j exemption by riling an application form with the chief appraiser of the county appraisal ; district as provided for by state law. i x (Ord. No. 87189,;1(22.52), 10.20.87) j Sec. 10.129. Recapt. re of taxes. (a) If any designated historic site is, within twenty-five (25) years from any year in which {j the property received a tax exemption under this article: E (1) Removed as a designated historic site by ordinance, upon the request of the owner; or ! (2) Removed as a designated historic site by ordinance after it has been deterniin6d to have been totally or partially destroyed or altered by the willful or neglifent act of the owner or the owner's agent, in violation of article V of chapter 35 of We Code; an additional tax is imposed, on the effective date of the ordinance providing for its removal as a designated historic site, equal to the difference between the :ity taxes imposed for each year an exemption was made under this article, and the taxes that would have ben Imposed had the exemption not been made, plus interest on the additional amount at an annual rate of seven (7) percent, calculated from the dates on which the additional taxes would have become due if not exempted. ~i (b) if, in providing for the removal of a property as a designated historic site because of its i being partially or totally destroyed or altered, as provided in subsection (a)(2) of this section, the city council, alter receiving the determination of the historic landmark commission and 714 ,ar: FINANCE AND TAXATION ¢ 10.129 planning and zoning commission, determines, after public hearing for which the o er shall be given notice, that the property was totally or partially destroyed or altered by the willful or negligent act of the owner or his representative, in violation of article V of chapter 25, the additional tax provided for in this section shall be imposed. (c) A tax lien attaches to the property on the date it is removed as a designated historic site to secure payment of the additional tax and interest imposed by this section. The lien exists in favor of the city for which the additional tax is imposed. d) T I he city tax assessor and collector shall notify the chief appraiser of the additional tax imposed and shall prepare and deliver a statement to the owner for the additional taxes plus interest as sor n as practicable after removal of the property as a designated historic site. The taxes and interest are due and become delinquent and incur penalties and interest as provided by law for ad valorem taxes imposed by the city if not paid before February 1 of the year following the year in which the additional tax is imposed. (Ord. No. 87.189, 111(22-53), 10.20.87) r i 716 [The next page is 785) 1 F $ 351.102 LOCAL TAXATIOD Title i (Article 1269J4.1, Vernon's Texas Civil Statutes), for one or more of the purposes provides by Section 961,101 or, In the case of a municipality of 1,600,000 or more, for the payment o principal of or Interest on bonds or other obligations of a municipally sponsored loco E government corporation created pursuant to the Texas Traasportation Corporation Ac (Article 16281, Vernon 's Texas Civil Statutes) that were issued to pay-the cost of th acquisition and construction of a convention center hotel or the cost of acquisition, remodel ing, or rehabilitation of a historic hotel structure; provided, however, such pledge may onl., be that portion of the tax collected at such hotel. p [See main 1'u "ume for (b)1 Amended by Acts 1993, 73rd Leg., ch. 231, 13, eff. Aug. 30, 1993. J Historical and Statutory Notes 1993 Legislation convention center hotels or historic hotels to t The 1993 amendment permitted revenue Aram pledged to pay costs of acquisition, construction, s county hotel occupancy taxes collected at certain rehabilitation of said hotels. 1 351.103. Allocation of Revenue: General Rule (a) At least 50 percent of the hotel occupancy tax revenue collected by a municipality with population of 200,000 or greater roust be allocated for the purposes provided by Sectic 851.10i(ax9). For municipalities with a population of less than 200,000, allocations for $ purposes provided by Section 861.101(W) are as follows: (1) if the tax rate in a municipality Is not more than three percent of the cast paid for room, not leas than the amount of revenue received by tb9 municipality from the tax at rate of one-half of one perceni'ot the cost of the room; or (2) if the tax in a municipality exceeds three percent of the cost of a room, not less flu the amount of revenue received by the municipality from the tax at a rate of one percent the out of a room. This subsection dcea not apply to a municipality, regardless population, that before October 1, 1989, adopted an ordinance providing for the allocation an amount in excess of 50 percent of the hotel occupancy tau revenue collected by t' municipality for one or more specific purposes provided by Section 351.101(x)(1) until t ordinance is repealed or expires or until the revenue is no longer used for those sped purposes In an amount in excess of 50 percent of the tax revenue. G f [See main volume for (b)] (c) Not more than 15 percent of the hotel occupancy tax revenue collected by a municips ty, other than a municipality having a population of more than 1.6 million, or the amount tax received by the mur ~c€pabty at the rate of ore percent of the coat of a room, whichever greater, may be used for the purposes provided by Section 351.101(sM. Not more th 19.80 percent of the hotel occupancy tax revenue collected by a municipality having population of more than 1.6 million, or the amount of tax received by the municipality at t rate of one percent of the cost of a room, whichever is greater, may be used for the purpot provided by Section 351.101(a)(4). Not more than 15 percent of the hotel occupancy t revenue collected by a municipality having a population of more than 125,000 may be used the purposes provided by Section 361,101(aX5). This subsection does not apply to an eligil municipality that Imposes. the tax authorized by this chapter at a rate that Is less than m percent of the price paid for a room In a hotel. [See main volume for (d)1 (e) A municipality may use hotel occupancy tax revenue collected by the municipality fo purpose provided by Section 351.101(aXl) only if the municipality compiles with the applies provisions of this section. Amended by Acts 1993, 73rd Leg., ch. 153,1 1, eft Aug. 30,1993; Acts 1993, 73rd Leg., ch. W, # 5, Sept 1, 1993. 34 i i' § 351.102 LOCAL TAXATION Title 3 Revisor's Note The law revised in Subsection (b) of this section (former V.A.C.S. Article 1269j4.1, Section 3e(c)) was enacted in 1981 when the rate of the tax was four percent for all municipalities. Section 3e allowed Houston to increase 16e rate of the tax in Houston to six percent. In 1983 the general rate form t `r9 municipalities other than Houston was increased to seven percent. Th tW:t change in the general rate probably has the effect of making the certificat4 it 6 required in Section 3e(c) a purely formal act since the rate in cities other tha Houston may be greater now and in the absence of special provisions relatl Q to "eligible municipalities" the rate in Houston could be seven percent, Historical and Statutory Notes Prior Laws: Acts 1983, 68th Leg., p. 5196, ch. 944, § 2. 0 Acts 1971, 62nd Leg., p. 1810, ch. 536, § 2. Vernon's Ann.Civ.51. art. 12691-4.1, 3c(b), Acts 1977, 65th Leg„ p. 41, ch. 25, § 2. 3c(c) Acts 1981, 67th Leg., p. 3046, ch. 796, art. 2, § 1. Cross References Allocation of revenue pledge for payment of revenue bonds, see § 351.104. § 351.103. Allocation of Revenue: General Rule (a) At least 50 percent of the hotel occupancy tax revenue collected by a municipality with a population of 200,000 or greater according to the most recent federal decennial census, must be allocated for the purposes provided by Section 351.101(a)(3). According to the most recent federal decennial census, for municipalities with a population of less than 200,000, allocations for the purposes provided by Section 351.101(a)(3) are as follows: (1) if the tax rate in a municipality is not more than three percent of the { cost paid for a room, not less than the amount of revenue received by the municipality from the tax at a rate of one-half of one percent of the cost of the room; or (2) if the tax in a municipality exceeds three percent of the cost of a f room, not less than the amount of revenue received by the municipality from the tax at a rate of one percent of the cost of a room. This subsection does not apply to a municipality that before October I, 1989, adopted an ordinance providing for the allocation of an amount in excess of 50 percent of the hotel occupancy tax revenue collected by the municipality for one or more specific purposes provided by Section 351.101(a)(1) until the ordi• ! nance is repealed or expires or until the revenue is no longer used for those i specific purposes in an amount in excess of 50 percent of the tax revenue. (b) Subsection (a) does not apply to a municipality in a fiscal year of the municipality if the total amount of hotel occupancy tax collected by the municipality in the most recent calendar year that ends at least 90 days before the date the fiscal year begins exceeds $2 million. A municipality excepted from the application of Subsection (a) by this subsection shall allocate hotel occupancy tax revenue by ordinance, consistent with the other limitations of this section. The portion of the tax revenue allocated by the municipality for 428 I i 9y-C~g '1~1 02 g § 351.103 MUNICIPAL HOTEL OCCUPANCY TAXES ~O eri 7 Ch. 351 the purposes provided by Section 351.101(a)(1) may not exceed 75 percent, except that the 75 percent limitation does not apply to an eligible municipa)i• 19 ' ty, as defined in Section 351.001(3), Tax Co, the allocat on ofaan afmow~ in excess of 995 an eli ipal- adopts an ordinance providing tax revenue cted by percent the hotel scifiic purposes providedeby Section 35g1i101(a)(1)cuntil the for one or more Pec dinance is repealed or expires or until the revenue is no !e used for tax t an amount to excess of 75 p ere in those specific purposes revenue. (c) Not more than 15 percent of the hotel occupancy tax revenue college by a municipality or the amount of tax received by the municipality at the rate of one percent of the cost of a room, whichever is greaater, may e used for the purposes provided by Section 351.101(a)(4). Not more percent of the hotel occupancy tax revenue collected by a municipality .having a population of more than 125,000 may be used for the purposes P Section 351.101(a)(5). This subsection does not apply to an eligible munici- pality that imposes the tax authorized by this chapter at a rate that is less than ` seven percent of the price paid for a room in a hotel. 351.101(a)(1) l moccupancy ay allocates not revenue more (d) A municipality that does not allocate for the purposes provided by Section than 50 percent of the hotel occupancy tax revenue collected Ay t nmc unity ality for the purposes provided by Section that beatono p re Oitoneez , excess g of 50 adopts percent of rdinance providing for hotel occupancy htaxl re enue of an provided by collected by the municipality for one or more specific purposes p that Section 351.101(a)(5) may allocate the tax revenue as provided by ordinance until the ordinance is repeated or expires or until the revenue is no longer used for those specific purpos. . Se Added by Acts 1987, 70th Leg., ch. 192841989E Actst 1. 1987. Lmended by Acts 1989, 1989, 71st 71st Leg., ch. 2, 4 14.24(b), eff. Aug. Oct. 1989. Historical and Statutory Notes Acts 1989, 71st Leg„ ch. 2, § 14.24(b), to mer subds.(a)(1) and (a)(2) which prior there- conform to Acts 1987, 70th Leg., ch. 1125, § 1, to read: if the tax rate in a municipality is not repealed subset. (c), which had read: percent of the cost paid for from the revenue "All municipal hotel occupancy tax revenue more than three that is derives from the application of the tax ierooand by lesslt nich alitmount at tax at a rate In excess of four percent of the cost of of by t ham of one percent t the cost a room may nnly be used for the purposes a rate o F rovided by Sections 351.101(ax1). (2), and of „ the (2) if the room; or 3~" tax rate in a municipality ex- Acts 1989, 71st Leg., ch. 1110.4 b, in subset. Geeds three percent of the cost of a room, not (a), substituted "At least S0 percent of the for tens than the amount of revenue received by "The following amount of municipal", inserted the municipality from the tax at a rate of one "collected by a municipality with a population percent of the cost of a room.."; t of 200,000 or greater according to the most redesignated subsea (b) as subset. (c); insert- recent federal decennial census and pur• poses" for "uses", inserted the second sentence ed subset. (b); in subsea (c), substituted "Not and subds. (a)(1) and (a)(2), and deleted for- more than 15 percent of the" for "Nu more 429 0-00q 2I City of Denton City Council Minutes October 17, 1999 Page 2 11 a ~'/7 3. The Council held a discussion concerning Eagle Point Subdivision and street closing area. Jecry Clark, City Engineer, presented background information on the area and the problem with the street closing. Staff was concerned that Locust and Myrtle could not handle the additional traffic generated from short cutters, delivery trucks, and others. Thin would result in major improvements being needed in those areas plus extensive signalization on Eagle. Staff felt the best solution was to close a portion of S. Locust and Myrtle with adequate access at Collins. The Planning and Zoning Commission and the Citizens Traffic Safety Support Commission suggested only closing Myrtle. That would be a viable solution if substantial improvements were done in the future. CIP funds could be used to improve the area and perhaps have only right in and right out movements at Locust. Mayor Stephens suggested a public hearing in order to obtain citizen input. Consensus of the Council was to schedule a public hearing on the issue in the near future. 4. The Council held a discussion concerning contracts with hotel/motel tax recipients. Lloyd Harrell, City Manager, E stated that new state statutes plus Council concerns and suggestions from the tax recipients required amending current contracts with those entities receiving funds. The State statutes included (1) the city must approve in writing in advance the annual program budget of each party, (2) the tax revenues spent for operations and administrative costs must be those costs "incurred directly" in carrying out a purpose for which the tax is authorized to be spent, (3) if the entity also ` administers other programs for which hotel tax revenues cannot be used, the administrative costs for the authorized activities may not exceed the actual costs incurred in conducting the authorized activities, (4) the tax revenues may not be spent for travel expenses of a person for activities not related to the person's performance of an authorized hotel tax activity, and (S) if the entity makes a "subgrant" to another person or organization, the subgrant shall be by contract and the subgrantee must at least annually report to the council the expenditures made and make its financial records available for inspection. The two other suggestions were a request from the Historical Museum for a separate contract and a council suggestion of a cap on the allocations. Concerns indicated by Council Members were that the cap level be above the amount of revenues generated so that the recipients would not feel the cap for several years and not hurt their budget process and that sunset clauses perhaps be incorporated into the contracts so that they could be renegotiated in a definite time period. I # p 216 City of Denton City Council Minutes October 17, 1989 t Page 3 Mayor Stephens suggested a Council subcommittee to work with the recipients and the City Attorney for proposed wording of the contracts. He suggested Council Members Gorton and Alexander represent the Council on the committee. Consensus of the Council was to proceed with the subcommittee to format contracts incorporating the language now needed by state statutes. 5. The Council was to held a discussion concerning a request from the City of Argyle for sanitary sewer service. This item was not discussed during the Work Session. 6. The Council did not meet in Executive Session during the Work Session. i The Council then convened in the Regular Session at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Stephens; Mayor Pro Tem Ayer; Council Members Alexander, Boyd, Gorton, and McAdams. ABSENT: Council Member Hopkins 1. The Council received a donation for the victims of Hurricane Hugo from Denton High School students. Crystal Smith and Delaney Gracey of the Student Council presented a check for $263.35 to the Mayor which was a result j of student donations of change to the project. 2. Presentation of "Yard of the Month" awards for October. Mayor Stephens presented the awards to the following winners: f Mr. and Mew. Brian Scolls Mr. Jack Starling Mr. and Mcs. W. A. Barker Harpool Farm and Garden Center Mr. and Mrs. Gene Allen 3. Public Hearings A. The Council held a public hearing concerning the recommendation of the Solid Waste Alternatives Committee that the City of Denton Solid Waste Division become the exclusive commercial and industrial solid waste collection service providec. i s 311 City of Denton City Council Minutes r~ December 19, 1989 Page 2 ' 1~ cf %7 Jerry Cott, Government Relations Committee-Chamber of Commerce, suggested that a franchise fee be placed on both City and private haulers. City Manager Harrell replied that certain projects such as City beautification and recycling was sponsored by the Solid Waste Department and thus was contributing more than a franchise fee would covfr. Consensus of the Council was to have staff prepare the documents necessary for the license fee and rate increase for the next regular Council meeting. 3. The Council received a briefing on and discussed proposed revisions to the contracts for hotel/motel occupancy tax recipients and the hotel tax ordinance and considered extending current contracts through January, 1990. Debra Drayovitch, City Attorney, presented a summary of Council Committee recommendations and how the proposed contracts differed from the current contracts. Under present contracts, hotel tax revenuer, were paid to three entities: the Chamber of Commerce, the North Texas Fair Association, and the Denton Cultural Confederation. The Chamber and the North Texas Fair Association did not regularly fund other agencies from hotel tax revenue. The Denton Cultural Confederation, was established as a conduit to distribute hotel tax revenue to the Greater Denton Arts Council, the Denton County Historical Foundation, and the Denton County Historical Museum. The Council Committee recommended that the city have contracts with j each of the five entities regularly receiving hotel tax revenue. The council committee also felt that if the City were 4 to continue to pay hotel tax revenue to the Arts Council for ~J the renovation of the Steam Plant building, the City should have two contracts with the Arts Council, one relating to the renovation project and one relating to the promotion of the a arts, Staff had developed an alternative to the proposed contract for the renovation project. The city Council might want to consider simply retaining the one percent in a separate account for that purpose. The Council Committee recommended separate contracts for the Denton County Historical Museum and Denton County Historical Foundation with an allocation of the i one percent between them. Those two entities had agreed to the separate contracts. Other changes based on revisions in the State law and the Committee's recommendations were (1) defined hotel tax revenues, (2) added a provision that hotel tax revenue may be spent for administrative costs only if they were 'incurred directly' in performing authorized activities, (3) added a provision that revenue may not be spent for travel unrelated to an authorized activity or job performance, (4) added a provision that tie agency submit and Council approve i r 1 • x r 12 j9 oq City of Denton City Council Minutes December 19, 1989 Page 3 64'17 in advance the annual budget, (5) added a provision requiring an agency to maintain a separate account for the funds received and prohibited commingling with other funds, (6) added a provision that the city manager be given notice of the meetings of the governing bodies of recipients, and that those meetings be open to the city manager. Consensus of the council was to continue a work session discussion at the next regular Council meeting before meeting with each entity to discuss provisions of the new contracts. Current contracts would be extended through January 1990. The Council then convened into the Regular Session at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Stephens; Mayor Pro Tem Ayer; Council Members Alexander, Boyd, Gorton, Hopkins and McAdams. ABSENT: None Mayor Stephens presented Bob Nelson, Executive Director for Utilities, a plaque of appreciation from the Texas Municipal League. 1. The Council considered approval of the minutes of the Regular Session of September 19, 1969, November 7, 1989, the Joint Session of November 13, 1989, the Executive Session of November 15, 1989, and the Regular Session of November 21, 1989. Council Member Gorton asked that Exhibit "B" in the November 21, 1989 minutes reflect whether the document was a staff j analysis or a SWAC recommendation. Mayor. Pro Tem Ayer noted a typographical error on page 26 of the Wvember 7, 1989 minutes which should have read "privatization" instead of "private". Gorton motioned, Hopkins seconded to approve the minutes with the noted amendments. Motion carried with a 6-0-1 vote with Council Member Boyd abstaining as he was not present for one of the meetings. I 2. The council received comments from Roy Appleton, Jr., Bill Doig, and Frank Martino of the Senior Management Council representing the Denton Chamber of Commerce regarding the Freeport Amendment. J $$A5 3 Y t y, y q 331 CITY OF DENTON CITY COUNCIL MINUTES January 2, 1990 N 75 0~'/7 The Council convened into the work Session at 5:30 p.m. in the Civil Defense Room. PRESENT: Mayor Stephens; Mayor Pro Tem Ayer; Council Members Alexander, Gorton, Hopkins and McAdams. ABSENT: Council Member Boyd 5:15 P.M. 1. The Council convened into Executive Session to discuss legal matters, real estate, personnel/board appointments. Council Member Boyd joined the meeting. The Council convened into open session. 5:30 p.m. 1. The Council received a briefing on and discussed proposed revisions to the contracts for hotel/motel occupancy tax recipients and the hotel tax ordinance. Debra Drayovitch, City Attorney, summarized her report from the last meeting. The Council Committee was recommending that the C hotel tax revenue. ity have contracts with each of the entities that received Those contracts Include Chamber of Commerce, 31 for convent ion/tours mtthe North DTexas r Fair Association, 11 for convention/tourism; the Greater Denton Arts Council, 11 for the arts; the Greater Denton Arts Council, 11 for renovation of City building; the Denton County Historical Museum, .881 for historic purposes; and the Denton i County Historical Foundation .121 for historical purposes. Of j the ten recommendations from the council Committee, seven were state mandated.. The recommendations mandated by the State i expenses ncluded (1) a definition of hotel tax revenue, excluding revenues, the incurred audits, enforcing any collection of hnecessary In reimbursement costs paid to hotels as authorized by statute and eliminated the provision allowing the City to receive 11 or actual expense to cover administrative costs, (2) added a statutory provision that hotel tax revenue may be spent for administrative costs only if they are 'incurred directly' in performing authorized activities, (3) added a statutory phroviichsion hotelhataxirethe venuec cannot performed spent, other he administrative costs shall be allocated accordingly, (4) added a statutory provision that revenue may not be spent for travel unrelated to an authorized activity of job performance, (5) added a statutory provision that the agency submit and Council approve that dance the annual budget, (6) added a statutory provision approval of an agency's annual budget created a fiduciary i i 32 City of Denton city council minutes January 2, 1990 Page 2 /b of /7 duty with respect to the funds received, and (7) added a statutory provision requiring an agency to maintain a separate account for the funds received and prohibited commingling with other funds. Recommendations from the Committee included (1) a cap on the amount of hotel tax revenue to be paid, (2) a provision that the City Manager or his designee be given notice of the meetings of the governing bodies of recipients, and that those meetings be open to the City Manager or his designee, and 13) that the agency would promptly respond to any request from the City Manager for additional information relating to activities performed under the agreement. Council Member Boyd asked about provisions for the audit of hotels. Council Member Alexander replied that the best situation would be to perform an audit at any time and charge the fee back to the entity. However, there might be legal conditions that would affect an audit of the hotel. City Attorney Drayovitch confirmed that there were legal provisions for the auditing of hotels/motels. Council Member McAdams inquired about how the 'cap' would be incorporated into the current contract. Council Member Alexander replied that possible wording of the contract would read *the recipient shall receive 1 or dollars whichever was less'. The *cap* would -e set at a figure above the current budget so there would not be an impact on the entities budgets for several years. l + Mayor Pro Tem Ayer asked if the 'cap• would prohibit 44 renegotiating the contract. Council Member Alexander replied no that the contract could always be renegotiated. Council Member McAdams was concerned that the *cap* might limit certain groups too much as they were not able to combine efforts with other groups receiving funds. Council Member Alexander replied that new priorities could be set based on the allocations. rf a surplus developed, the Council could grant special allocations for special projects. 1 Council Member Hopkins asked if the idea of using excess funds f for city work projects had been ruled out or was not legally possible. r ;t C~-( q 3 3 3 City of Denton City Council Minutes of January 2, 1990 h Page 3 17 Council Member Gorton replied that that was still a possibility, Council Member McAdams stated that she was not at all comfortable with a "cap" on the funds and felt that it would severely limit some entities in a few years. Council then held a lengthy discussion Involving whether to set should "be tset on an lindivid al basis or s set for whether ail entities. Mayor Stephens stated that the purpose of the "cap" as he saw it was that there might be other places that needed funding with the Laylor funds but there were none available as they were all allocated. A "cap" could be placed so extra funds might one day be possible. Consensus of the Council was to visit with each recipient to discuss contract revisions, the impact of a possible "cap" and what the agency might do it a shortfall or a windfall occurred. 2. The Council received a report waste charges andcommercial/industrial and considered ed hausolid lers license fee. Lloyd Harrell, City Manager, stated that before a permanent decision was made on the commercial solid waste service, the Council had requested specifications and bids for exclusive and non-exclusive arrangements with private haulers. That process would take approximately 4-5 months. An interim problem was that the solid waste budget would be $106,000 out of balance. The Council had suggested a reasonable license fee for all I commercial haulers in the City and a small rate increase to off-set the budget problem. The City currently allocated funds E from the solid waste budget for such projects as beautification, mosquito control, and recycling. Upon analysis, an 8% license fee would generate approximately $54,000 for the rest of the budget year, and a small rate increase would provide the rest of the shortfall. Mayor Stephens asked about the reaction of the private haulers. City Manager Harrell replied that the two major haulers had been contacted and that the 9% figure was high. They would be more comfortable with a lover number but that they recognized J the budget problem and felt that the 8% was a reasonable charge. Mayor Stephens asked how the increased rate would compare with the rates of the private haulers. CITY-= r~ ~COU C i I i i accccr 4 9 , 'PON i I I i , t' HANDOUT TO COUNCIL - 3-29-94 A'1-fow to" Summary of the Local Hotel occupancy Tax By &00 Josrove, Usutent asneial counser,Texas Munk-O&I League Over 277 Texas cites levy a local hotel occupancy tax. In 1990, this tax generated over $118 million in revenues for these cities. With many communities looking to tourism for much needed revenues, the local hotel occupancy tax provides an important source of funding for development and maintenance Qf your city's tourism program. Authorized Entities and "hum NleddesIndgeneral lawddesareauthorized to adopt a hotel o=pancy tax within the dtybounduies, A drys govcrrtingbodymay implement the to sim ply Procedures by adopdng an ordinuxe calling for Its imposition. Unlike a local sales nx, the local hotel occupuxy tax does not require voter approval cries with a population tender 35,000 may addidonaUy require m their hotel occupancy tax ordinance the collection d the tax from hotels looted in the extrattrritodal puisdidion of the city. r Most dues arc eligible to adopt a hotel occupancy tax rue of up to seven percent of the consideration paid for the use of a hotel room. there is considerable varlsdon i among Texas titles in the hotel oocupartcy tax rates Wed and in the anoatlon of v.e revenues from the tax. 's Application of the'Tax hefollowing t><am e°'s'dc'ra`h°'tts'and am required to charge 'heL"x- a hotel motel, tourst home, tourist court, lodging house, Irm or morning hoau. Rospltak, sanitariums, and nursing homes cannot be required to charge the tax. The hotelocmpartcytax anbe imposed against any person' (ndudestorpondons and other legal entitles) who pays for the use of a room In t hotel if the room b w ordinarily used for skeping and the dtarge for tine room Is grater than $1 per day. The peke ti the room does not Irtdude the cost Wood served by the bold or the cost of other personal servkes except for those related to dtaning and readying the room for use. Unlike the state tax, the local hotel oaupancy us can only be assessed against the use cr a room or other hotel ladlity used for sleeping. i Exemptions From The Tax Texas statutes LUow an exemption from the tax for persons who have contracted to use a hotel room for 30 or more consecutive days. The hotel octvpancy tax also armot be appal against an Am or employee of a federal or state agency, trsdtudm board, or commission J the employee is traveling on off" hainesa for the govemmenul entity. Under Carat aumm law, city offiema and staff am riot exempt fray the state or local hotel ow utcy in even ilthe officers or employees are traveling on offtdal husiness Similarly, employees of Irtstittnfons of higher education are also rM exempt from appUatba of the tax. rears town & city • to { L M T t Collection of the The hotel acupmcytax is paid by thehotel customer to the howl and is then remimd to the dry on s regular basis established by the city. The State Comptrollers office Hotel Occupancy Tax is no, involved For the convenience a the hotel operators, many d des use the sure reporting and collection schedule used by thestueforcolleNonOfthestuetat. This schedule requires the hotel staff w turn over the collected hotel occupucy cues by the end of the months of)anuary, April,)*, and October. A few large dries require the tax revenues be turned over to the city on i monthly base atks th at adopt the hotel occupancy to win want w send a tax return form m o to four weeks before the taxes are due to each hotel operator. Regardless of the reporting period used, dtks should require hotels include as part of their report to the dry a copy of the hotel's quarterly tax report done for the suit Comptroller. The state report data an be used to check the completenez of the bal report provided by the hotel to the city. Acity should be aware that in certain cases the state and coal to arc subject to different exemptions and ucordingly, the rmaues may not proportionately coincide. Odes can &M request from the Sixte Comptroller's Office a copy of the latest quarterty state report listing all of the hotels th at presently remit suit hotel occupmcy taxes. Reimbursement of Hotel Cdcs am permitted to allow hotel opt rmrs to retain up to one percent of the amount of hotel occupancytaxetcollened as rdmbursement for the costs. ofcollemg the tax. Operator for Collection Expenses aria are not permitted theRsdses to retain any set percentage of the collected tax to cover their own sdmirdstradve casts. caries, however, may on a limited basis use the to revenues for reimbursement for actual expenses related to impkmenting authorised uses of the to avenues. Penalties for Failure to Repott The local hotel ompsncy to statutes do riot Indicate specific pen2ides •vhlch may be assessed against hotel operators which file delinquent or false tax returns, Kost or Called the Tax dda, however, follow Section 156.202 of the texas Tax Code wtdch authorises a penalty for delinquent sute taxes of 3 percent of the smount delinquent for the first 30 days and an additional S percent of the amount due for taxes delinquent for more thin 30 days, Tax payments which are past due should also be assessed an interest charge. The State Comptroller assesses a 12 percent inww rue on taxes more than 60 days past due. Rnady a dry may impose a penalty for hotel opmtors who fail to collect the tau, fail to file a return, file a false return, or fart to timely m cake their remittances. Cures are suthotired to charge t fine cwt to exceed S5K i Enforcement Authority of a City ad" are given the authority to take the following actions against a hotel operator t who fails to report or collect the foal hotel occupancy tax: 1) require the forfeiture of arty rever ur the d y alkrwed the hold operator to retain for Its cost of coikcdng a the nt; 2) bring suit apino tltehotd operator WnoncompGance;3) ssk dwdistrict i coat to en foin operation of the hotel until the report b filed and/or she tax b paid: and f) arty other remedles provided under Teas law. pursuant to legisladaa passed In the 1991 regular kglsiadve sessiau, titles also an require in their hotel om%WAy to ordinance that persons buying abotd must retain out of the purchase peat in amount suffident to cover any delinquent hotel occupancy taxes that are date to the city. If the buyer don not remit to the city such j unotntorshowproofcharthehotel iscu rentinremittinglaxhoteloavpancytaxes, the buyer becomes liable for any delinquent boxel occupancy tun due on the purdhredhwL I Use of Local Hotel There b s two-part test u1at every expenditure td bpi hotel occupancy taxes must meet to be valid. First, the npendirure must dimcdyenhmm and promote tourism Occupancy Tax Revenues mdtheconvention andhotel Industry. Thus, the expenditure must beUelytobrirtg Contl%sd on page 14 17 0 rw&wvy 1092 r s e.rw Na.r oo.~o.Mr rat eenr,wve rro,. as u visitors from outside ofdiedry Into tit dry or Its vicinity, The hotel occupancy ux may not be used for general revenue purpous or to pay for governmental expenses such are not &vcdy related to Increasing tourism, The second put of the test "Urn that the expenditure must do more than simply increase tourism. The expemdithremust alsockarly fit into one of the8ve atatuton provided ategores for expenditure of Wal hotel occupancy in revenues. These five categories include: I) funding the establishment or 4nprovement o(a convemion centre Slrnplynxndng it fx2ty a convention centerdoes ma bring is under the application of this sectors. The f"ty should be one which. could reasonably be used to accommodate and stoaa persons from outside of the dry to come to your dry. The term convention center Is defined asdvk centers, auditoriums, exhibition halls, and coliseums that are owned by the dry or other managed in whole or in ~cluemal entity % that ate fadlitles t at are rot of theart saraey the dry. it does riot Include golf courses or ocher general dh aracterlstlo as the structures fisted abos•e. The Ad- n,ey General has specifically ruled against the expenditure of local hotel occupM uxes fo(a dry recreational faidbry, e 2) paying the administrative costs for facilludng convention registration This provision applies only to administrative costs which are actually incurred for assisting in the reomdon of convention delegates or registranrs. 3) paying for tourism "dated advertldng and promodons of the d.y This section Is frequently the source of considerable debate regarding the appropristenm of a particular expenditure. This provision is strictly limited to expenditism rot a solicitadon or pmmodanal program or advertising whidt Is ? dtrecty refaced to attracring conventions and tourism. The Attorney General has ruled that this provision does not suthodre advertising to attract new business or permanent residents to a dry. S) funding programs which enhance the tru ofttutisection eiauda~m~expersdidire o(hoteioaupamcytaurevenuesfort vtriery ' to dev elop or enh the ytiai adb f ~ato aow con modate these _ art tom S) funding historical restoration or pruenniflor programs.. ftsecom antfr'sates that a dry maywanl to Wend Its bold oauparscyux reventtrs toenharxaef hstorNairestorsdooandpraervadomp *cu,*Wwouldiiftdybdeg touritts to the city or Its Immediate vldNty. 7be funding must extend to it project a activity in the dry or In Its lm'nedlate *Wry. if the dry annOt fit in expenditure witdtt one o (these five ategories, as well as male a finding that the expenditure will dlmty promote tourism, hotel occupancy as revenues shouts not be used for that purpose. Additional Limits on Expendittwes Teas statutes provide certain >ddidomsl cola regarding the percentage of hotel occupancy tax revenues which can be spend on each of the Ave ategod" of operdinrres disc ssedabove (oomerhdoncenaes eotrvendatreg[stradogadmts andp s, promotionofthearts,andhistodairestontionardpreserv>tion~ The odes differ worveing to the population of the dry. ~E Tarry Town ! Cry . 14 7 i • ,f t a Cities with a Population In Exresl of 200,000 This srtkk don not address certain sddiuonsl limfu applicable to the Gry of Houston, Ms..% and San Antonio Ind certain coastal dues such as Aranso Pass, Corps Christ Freeport, Galveston, Port Arthur, Ind RockrM City officials Intemted in the spedal ruin appbcabk to these dun aK encouraged tocontact M, for Isdstanm Generally, cities with a population over 200.000 are limited to a set percentage of the how octvpa icy toes received that an be spent for certain categories of expenditures: arts programs (mv&wm of 15 percent) and historical restoration and preservation programs (maximum of 1S percent). cities with a Population Between 125,000 and 200,000 The rules, for alloatim of the hotel occupancy tax revenues for add with a population between 125,000 and 200,000 depend on the hotel occupancy tax rate adopted by the city. if the dry adopted a hotel occupancy tax rate of not more th an three percent, it least one-half of one percent of the rate must be spent on ailvertWn jande tprK.,otion or hat exceeds the city and its vkiniry' If the city adopted a hotel occupanq three percent, u kart one percent of the rate must be spend on advertising and promotion of the dry and its vidnity. to t set xx that can be s~ foare also r ustainncategorfn of percentage of the hotel occupancy between 125,000 expcrbpzm arty programs (maximum of 15 percent) and historicalrestoration and preservation progruns (maximum of 15 percent). Clues alth a Population of Less than 125,000 The rules for aBoadon of the hotel occupmcy to revenues for dues with s popuiauan of Its; than 125,000 similarly depend on the hotel occupancy tax rate If adopted by the city. lf the city adopted s hoW occupancy tax rue of not more than three percent, M kart one-half of one percent of the rate must be spent on adver o and pm manor rate the dry and its vicinity. if the city adopted s hoW occupancy t i three it lent one percent of the rte must be spend on advertising and promotion of the dry and Its vicinity. Clod with s population between 125,000 and 200,000 are also bntttd to i set that art be spent lot certain uts progrx ns permutage of the hotel occupancy tax (maximum of 15 percent}. Dele kin the Management of The gos'~tg body of it dry may by written contract delegate the muugement or ga $ alpervWmofprogruataAwNtinhudedwithrevenuefromthehoteloccupancy Funded Activities tax ibis tl~ A be ~n~ for thsoother is delepoia is nabkirom or to a the i League upon request. I 1 The issue discussed above tae handled, In greater detail in the 7Tfl. Public Polity Briefing on the Texas Local HoW occupancy U% This pubtc2don is available from the Itague. J# IS • fobruary IM S t 1 1 1 CITY of DENTON, TEXAS MUNICIPAL BUILDING / 215 E. MCKINNEY / DENTON, TEXAS 76201 HEMORMVK DATE, August 10, 1993 TO: Lloyd V. Harrell, City Manager FROM: John F. McGrans, Executive Director of Finance SUBJECT: HOTEL/MOTEL TAX RECIPIENT'S CONTRACTS r Pursuant to a request by Councilman Miller, the following is a list of the hotel/motel contract recipients and the termination date of each contract: Recipienon Date • Greater Denton Arts Council March 31, 1995 i • Denton County Historical Museum March 31, 1995 • Denton County Historical Foundation March 31p 1995 • Denton Chamber of Commerce September • North Texas State Fair Association December 31, 1994 If you have any questions or need any additional information, please advise. ~ J~71c6~et Wow i 8171566.8200 D/FW METRO 434.2529 w, p Y I~ Hotel Occupancy Tax City survey Grapevine - All Laylor Funds go to Con. A Visitor's Bureau. Bureau is part of City, but CVB Budgets for annually. Recipient City % Total Historic Preservation 135,000 0.47% 0.12% i Performing Arts 35,000 Convention Center 650,000 2.28% 35 OrA 0.12% Grants in Aid Visitors Bureau (City) 1,145,000 4.01% TOTAL 855,000 1,145,000 7.00% 2,000,000 s Arlington - Budgeted for annually. City receives no portion. All goes to Visitor's Bureau for disbursement. % Total Recipient CRY r Convention Ceder 1,000,000 2.65% Visitor's Bureau 1,700,000 4.33% 50,000 0,13% f Arts TOTAL 2,760,000 0 7.00% 2,760,000 Denton - Contracts are set up with requirements for recipients on a five year bases. A percent Is determined and payment made quarterly. Recipted city % Total .850% Chamber (Visitor's Bureau) 186,471 2.850% 2 62,157 0.950% 0.9509/° NT Fair Association 64,698 0.836% 0.838% Htstork~ll Awu3eum 7,459 0.114% 0.114% Historical Foundation 850429 11000% 1.000% GD Arts Council Civic Ceder 26,000 0!:0% 0.397% 55,786 0.85% 0.853% Reserve TOTAL 376,214 81,786 7.00% 458,000 i Hotel Occupancy Tax City Survey Plano - Budgeted for annually. Agencies submit their requests during the budget process for city approval. Recipient City 4b Total 123,389 1.05% Historical 1.07% Performing Arts 125,398 350,000 2.98% ' Visitors Bureau 223,805 1.904b Civic Center TOTAL 598.787 22305 7.004b 822,592 McKinney - Contracts are reviewed annually by the City. Recipient City % Total Chamber 47,000 2.8896 f (3 Baseball ASSN 3,504 0.2146 Downtown Merchants 5,000 0.30% Community Concerts 500 0.03% Museum 8,000 0.49% Golf Tourney 1,500 0.09% ~ Airport 2,000 01246 E EE Heritage Guild 20 000 1.2246 i Decorations 5,000 0.30% Misc. Events 5,000 0.30% NCAA Golf Tourney 2,500 0.1696 Public Info. Officer/Escrow 15,000 0.914b TOTAL 100,000 15,000 TOM 115,000 Public information Officer Is partly funded from Laylor Funds. account for future Any surplus Is put into an escrow use. M ..,t41 It `t i { t 1 ' 1 Hotel Occupancy Tax i City Survey Carrollton - Bvdgeted for annually. All events that promote visitation are considered during budget process. Recipient City % Total Chamber Orchestra 10,000 0.80% Fireworks 1,500 0.120 Christmas 3,500 0.28% Rural America 10,000 0.804 Athletic Events 51000 0.40% I Promotions 25,000 2.01% Interest/Reserve 32,000 2.67% TOTAL 55,000 32,000 7.00% 87,000 Lewisville - Budgeted for annually. All events that promote visitation are considered during budget process. Recipient City % Total Chamber 131,073 3.75% Arts 3,950 0.11% Fireworks 14,000 0.40% Musical 91000 0.26% $ Heritage Day 5,600 0116% Chili Cook-off 3,000 0.09% Library 7,800 0.22% i Conv. Ctr. Bldg. Fund 70,000 2.00% TOTAL 166,623 77,800 7.00% 244,423 Richardson - Budgeted for annually by the city. Civic Center is partly funded from Laybr. Recipient City % Total Visitors Bureau 195,000 1.00% Arts 100,000 0.51% Special Events 150,000 0.77% Civic Center 925,964 4.73% TOTAL 445,000 925,984 7.0046 1,370,964 `l 1 CITY OF DENTON FINANCE DEPARTMENT + II COMPARISON OF REVENUES AND EXPENDITURES (BUDGET BASIS) FOR FISCAL YEARS 1993 AND 1994 • GENERAL FUND FOR THE PER)O , ENDED FEBRUARY 28, 1993 AND 1994 General Fund 1993 1994 Percent Yeauto-Date year-to-Date Variance REVENUES: Taxes 111,996,163 112,155,209 13% Licensee and permits 148,401 163,649 10% Franchise tees 194,282 258,694 33% Fines and forfeitures 497,050 476,729 (4%) 1 Fees for services 258,929 318,359 23% Interest revenue 179,204 100,388 (44%) Lotergovemmental 81,732 135,863 48% f4'iscenaneous 134,358 169,770 26% r Total Revenues 13,600,107 13,778,651 26% EXPENDITURES: Current - General Goverunent 3,931,659 4,105,693 4% Public safety 4,408,975 4,497,949 2% Fabric works 1,660,865 1,510,106 13%) Parks and recreation 844,699 868,391 3% Capital outlay 69,425 131,662 89% TOW F.xpenAtures 10,816,623 11,113,690 3% I EXCESS OF REVENUES OVER (UNDER I EXPENDITURES 2,684,484 2,664,961 OTHER FKANCWO SOURCES (USES) Operating transfers in 3,492,230 3,508,172 .45% Operating transfer: (out) (16,8661 (18,7861 18% Total Other Financing Souress IUses) 3,478,366 3,489,416 .38% EXCESS OF REVENUES AND OTHER SOURCES OVER (UNDER) EXPENDITURES AND OTHER USES 6,160,649 8,154,377 FUND BALANCE • October 1 3,074,688 6,668,786 FUND BALANCE • February 28 1 $,335,437, ',111rir13r181' i, MAM27A Prspwad By Finance Department i s f ! 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