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HomeMy WebLinkAbout05-11-1993 I CITY COUNCIL AGENDA PACKET MAY 11, 1993 nQtl~di ilertL.-..-=•---------• AGENDA Oet1 2 CITY OF DENTON CITY COUNCIL a 9 May 11, 1993 Special Call Meeting of the City of Denton City Council on Tuesday, May 11, 1993 at 5:15 p.m. in the Civil Defense Room of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: 5:15 p.m. r 1. Executive Session; A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. 1. Consider settlement offer in Gamble vs. City of penton. B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. Co Personnel/Board Appointments Under Sec. 2(g), Art. 6252-17 V.A.T.S. ti 2. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (Bid 11493) 3. Receive a report and hold a discussion regarding a proposed ordinance amending the loading zr.ne ordinance and give staff direction. 4. Receive a report and hold a discussion regarding a proposed Juvenile Diversion Task Force and give staff direction. 5. Receive a report and hold a discussion regarding the Landscape and Tree Preservation Ordinance and its enforcement and give staff direction. 6. Receive a report and hold a discussion on the draft Annexation Policy Plan and give staff direction. 7. Receive a report and hold a discussion regarding the Trail Plan and give staff direction. 8. Receive a report and hold a discussion regarding Pretreatment Program modifications and changes to the sewer use ordinance and give staff direction. 9. Receive an update and hold a discussion regarding TMPA's debt restructuring and refinancing program and give staff direction. low a0en~No 93 - u i.s oat# 10. Draw lots to determine the order to begin the board ax z commission nomination process as outlined in ordinance 93-073 and give staff direction. 11. Miscellaneous matters from the City Manager. 12. New Business This item provides a section for Council Members to suggest items for future agendas. 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 1993 at o'clock a.m.) (p.m.) CI1'Y SECRETARY NOTE, THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 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 THE CITY SECRETARY'S OFFICE. A000010D y i . x r i i c f Mo 13 -ois" Apea~ 7 rert~l~!~ ORDINANCE NO.~ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS= PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR) AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated com- petitive bids for the construction of public works or improvements in accordance with the procedures of state law and City ordinancest and WHEREAS, the City Manager or a designated employee has receiv- ed and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or im- provements described in the bid invitation, bid proposals and plans and specifications thereint NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following competitive bids for the con- struction of public works or improvements, as described in tt•a "Bid Invitations", "Bid Proposals" or plans and specifications on file { in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as be- ing the lowest responsible bids: BID NUMBER CONTRACTOR AMOUN-1 1493 PATE BROTHERS CONSTRUCTION $1,686,821.18 SECTION II. That the acceptance and approval of the above competitive bids shall not constitute a contract between the Cit•• and the person submitting the bid for construction of such publ. works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, after notification of the award of the bid, SECTION III. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Propos- als, and documents relating thereto specifying the terms, condi- I 49"No 6'9--e216_ ~4ende lterr~,. C U~ ~!~z q-3 tions, plans and specifications, standards nd speci- fied sums contained therein. + quantities and SECTION IV. That upon acceptance and approval of the above works and improvements aseautexecution of hori authorized herein, the City Co ncilphere- by authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contrar;ts executed pursuant thereto. SECTION V. That this ordinance shall become effective im- mediately upon its passage and approval. PASSED AND APPROVED this the _ day of 1993. BOB CASTLEBERRY, HAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: DATE: MAY 11, 1993 CITY COUNCIL. REPORT pQe►>QaNo. 93 ••Ois' TO: Mayor and Members of the City Council AQafldaiflr~ ~U~ ? FROM: Lloyd V. Harrell, City Manager SUBJECT: BID 0 1493 - TEASLEY LANE UTILITIES RELOCATION RECOMMENDATION: We recommend this bid be awarded to the low bidder, Pate Brothers Construct on, in the total amount of $1,686,821.18. SUMMARY: This bid is for all materials and labor to be used In relocating the water, sewer and electric utility lines to enable the widening of Teasley Lane. This project was estimated at $1,879,887.50. Four bid proposals were received in response to seventy five Invitations to bid mailed. BACKGROUND: Tabulation sheet, Memorandum from David Salmon dated 4-28-93. FISCAL IMPACT: Utility Departments Budgeted Funds: Water Department 0662-081-RB89-R302-9138 BALANCE $119,097.0 Water Department 0661-081-RB89-R302-9138 BALANCE $709,399.00 Sewer Department 0674-082-RB93-V307-9138 BALANCE $900,000.00 Electric Department 0610-080-0252-9237 BALANCE $470,500.00 Respectfully submitted: Lloyd V. Harrell City Manager Prepared by: cc Name: Denise Harpool Title: Senior Buyer Approved: Name: Tom Shaw Title: Purchasing Agent ACCIfDA.161 I BID r 1493 I i I I I I I I I BID NAME TEASLEY LANE UTILITIES I ATKINS BROS I PATE I MOSS I JAGOE PUBLIC I RELOCATION I EQUIPMENT I BROTHERS I CONSTRUCTION I COMPANY OPEN DATE APRIL 27, 1993 I I CONSTRUCTION INC I r (QTY I DESCRIPTION I I -I I _ I_ I I VENDOR I VENDOR I VENDOR I VENDOR I i I I I I I f I I I I 1. I (WATER ' =797,281.00 i $724,781.76 I $918,667.00 I =782,718.00 j 2. + (SEWER :666,270.00 i $545,686.67 I $675r058.40 I :835,062.00 I 3. I (ELECTRICAL I I i :314,831.00 ~ ;416,352.75 i =944,438.00 i =3460862.50 I I I I I I S I BID BOND I YES I I I I I YES ~ YES I YES I I I I I I I ADDENDA i YES i YES i YES i YES I i I I GRAND TOTAL i $1,778,382.00 i $1,686,821.18 i $2,538,163.40 i $1,964,642.50 I I I ~ ~ ~ I I I I I I I Aoenda No. 93 - Dis" Agendaltent CITY OI DENTON, TEXAS MUNICIPAL BUILDING / 215 E. MCKWNEY / DENTON, TEXAS 78201 I MEMORANDUM I I I DATES April 28, 1993 TOi Joe Cherri, Engineering Administrator FROM: David Salmon, P.E., Senior Civil Engineer SUBJECT: Bid Recommendation for Teasley Lane Utility Relocations Bide were opened for Teasley Lane Utility Relocations on April 27th. The lowest overall bidder was Pate Brothers Construction of Texas. Their Local bid was $1,686,821.18. The bid breaks down as follows: Water $724,781.76 Sanitary Sewer $545,686.67 Electrical $416,352.75 Our estimate total was $1,879,887.50 which breaks down as follows: Water $746,909.50 Sanitary Sewer $855,695.00 Electrical $277,283.00 As you will notice, the water bid is relatively close to our estimate. The sewer bid is considerally lower than our estimate. A closer review of the bid shows they used pipe prices much lower than what we estimated which is where most of the difference is. We have not bid large diameter sower in such large quanitities before so our prices may be higher due to the economy of scale we used. Also, most of this sewer will not require 1 sack concrete backfill which is not taken into account in our estimate. I am not alarmed with the low bid price. The electrical bid came in much higher than what we estimated. Again, the main difference is in the conduit prices. I feei that our estimated prices are low and that the contractors prices are more in line with current prices. We have contacted references for Pate Brothers Construction and have found that they have completed several large utility jobs for other cities in an expeditious and professional manner with minimal change orders. In considering all of the above, I recommend that Pate Brothers bid for Teasley s Utility Relocations be accepted. David Salmon AEE00239/35 8 1 7/58 68200 DIFW METRO 434.2529 Nit ~`+xrfr r..... ~ ttuStf_~r~; . . 11• YTl'SY'i i [ 'a'1Y` Yq strrv.... y~ Ln i i it 1 Iil III 1 ~ K 4 r 0 I e v° rtx O L pid C P CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Loading Zone Ordinance Amendment RECOMMENDATION: The Citizens Traffic Safety Support Commission (CTSSC) recommends approval, SUMMARY: Proposed ordinance will allow applicants for loading zones to choose between a fee option and a "no fee" option. Under the fee option, loading zone owners may park their registered (mirrow tags) private or commercial vehicles in the loading zone between deliveries, The "no fee" option is a general-use type, and does not have any dormant vehicle parking privileges, Also, the proposed ordinance specifies loading zone dimensions, and sets the limit at two (2), the maximum number of single loading zones, or one (1) double loading zone, to be granted to any business. The Citizens Traffic Safety Support Commission has recommended a fee schedule of $.50 per linear foot per month for the fee option loading zones, to be paid lump sum on an annual basis. Renewal fees shall be determined by the CTSSC subject to final approval by City Council, Loading zones are evaluated each year by CTSSC for appropriateness and level of activity, BACKGROUND: The existing ordinance lacks specificity in several areas and makes enforcement very difficult. Loading zone owners have been involved in all the steps leading to the development of proposed ordinance, PROGRAMS. DEPARTMENTS. OR GROUPS AFFECTED: Engineering and Transportation Department, Police Department, businesses that need loading zones, and the general public. FISCAL IMPACT: $132 per year for installation and maintenance of each loading zone. AEE00168/34 ►Veods No Da it ctrYofDENTON, rEXA3 MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (8f 7) 588-8307 Office of fhe City Manager ME:MOFiANI7UM TO., Lloyd V. Harrell, City Manager FROM: Rick Svehla, Deputy City Manager ~I DATE: April 30, 1993 SUBJECTf Loading Zone ordinance Attached is a new loading zone ordinance and several portions of minutes from the Citizens Traffic Safety Support Commission meetings. As you can see, the Commission took a long time in deliberating on the loading zone ordinance. It is my understanding from my staff that the final draft Is an attempt by the Commission to form a compromise between all parties in the downtown area. There are several differences between the proposed ordinance and the existing ordinance. The proposed ordinance establishes d permanent size for each zone and a higher fee which is pretty straight forward. The proposed ordinance also allows for establishing loading zones where no fee is charged. This was part of the compromise that the Commission tried to achieve. There is great concern about the use of spaces on the Square and the downtown area, and one of the thoughts was to establish strategic loading zones in the Square area for use by everyone. This kind of zone would not have allowed any vehicle to be parked in it permanently. It was thought that if these "universal zones" could be established, fewer of them would be needed; and therefore, more spaces would be available for public parking. The second option is to establish zones that would be paid for by commercial users. This option is similar to the existing ordinance. By paying for these zones, an owner of theso zones would be able to park their vehicles in the loading zones while not in use. The difference in this section of the ordinance allows for "personal vehicles" to also be parked in these zones. Upon payment for the zone, the owner would receive a decal to be used on the vehicle that is being parked in the zone. In most instances, the vehicle would be a commercial vehicle as defined in the ordinance; I.e. some sort of delivery van, truck, or smaller vehicle that is clearly marked. However, the ordinance would also allow "personal vehicles" to be parked in the zone. The personal vehicle category t AgMNo ~/3 pis ApenQe tee !U„~ Date ~'~~-9.3 Lloyd V. Harrell 3 24 April 30, 1993 1 Page Z I was added since deliveries by businesses such as Schraeder's Pharmacy and the cleaners do not utilize large trucks. Small vans, pickups, station wagons, etc. are more closely defined by the r personal vehicle category. Personal or commercial vehicles utilizing the decal mirror tag would be allowed to park in the zone. If personal vehicles are parked without loading operations being a substantial part of the zone use, the CTSSC would consider that issue during the annual renewal process and revocation would be considered. The thought here was to use the zones for loading and parking so more spaces for the public would be available. Since the new ordinance has these significant changes in it, we thought they should be discussed with the Council before formal action is taken. i If you or the Council has further questions, we would be happy to try and answer them at your convenience. Rick Svehla Deputy City Manager RS:bw AMM002Bl I Attachment 1 J 1 1 ~CvdaNo_ CTSSC arNIITas lt?ate ; ' September 9, 1991 page 2 Immediate goal which is to provide adequate l n ltdren at the intersection. safety for ac e Staff will also Snvesforf e sing speed sons limits. If it warrants speed e. zoning, BL@Iaat"t ski get ck to the commission for a new speed ordinanco e eels the roe-way stop is a good solution and will implement with nece06; ry signs and markings. Carol ! nkie at 2520 Rockwood cams forward to dress the commission Some nearly 100 people signed the pantie They feel it would good to have a three-way stop and c sideration of crosswalks t rrankle said at am and 3 pm several cars are ked along Imerson. This greatly red as visibility for childr0 The cars s Emerson. Many pa onto drive their chi en for Peb down r*ator creating more conga ion. Parents are near ad !ar t he safetyeof those children who we k. E lay asked for clarifiea ton of a location of the existing stop sign. Iwuchukwu said on1 one op sign was located on Rockwood. i I Chadwick said the only sides k is located on the north side of the intersection. 8o, children • to basically walk in the street. Chadwick asked Iwuchukwu !f ere wre any crosswalks at this location. Iwuchukwu sa no but that was part of the request.' equest. It approved, staff will install least one crosswalk at the intersection. Chadwick eked if r**-way stop was p ced there, would the problem be shitted to a Cher location. Iwu hukwu said the only major reason staff to scommending this is bee se of the geometry of the intersection. It you are going not and coming into the intersection t is a problem. Especially, 1! vehlel•s are in the opposing a at it's hard to know which o is the major street. Gusts a ad if there was any crossing guard at this location. Pranks said no. There was one on Glenwood at reon. `J Ch ick said, the proposal is to m ing It a three-way stop and put putting two adds! nal stop signs aid hs was not Ours About thecrssIn crom walks. at~ff Ih shunnot Investigated the appropriate crosswalks. STAPt NoATIONr Approval of two additional stops signs making 1 e three way stop control I88I0NIR8I Irwin made a motion to add two additional stop sign and the appropriate crosswalks. Aae dor seconded the moti Motion passed unanimously. UIIZBN"a~YO~Ing tl~i~'ent5 as Iwuchukwu said the most recent study by the consultant concluded that only loading tone owners care about loading tonssissue . Staff's general rcaomendation resubmit t to h leave dthe present loading gone guidelines as contained In the present ordinance regarding locations. basicallyy it says, that the CTS8Cwill decide where and how many loadinq sones a business I I ~QwaNo -_~L 000 CTSSC MINUTES 8 September 9, 1941 page 3 The area where the present ordinance is not clear is the parking of personal vehicles in loading tones, staff's research is that this is not the intent of loading zones. Loading zones are for pick up and delivery. staff feels the ordinance should address what Is a "personal vehicle staff also feels that enforcement should be properly defined. Also noeding better definition is the lengqtth of time a vehicle can be parked in a loading sons before It becomes a violation. The site of a loading sons needs to be defined too. Staff feels the now ordinance should be specific on the number of loading tones permitted. Based on the staff's survey, a fee of 500 per foot is recommended. This would come to about $120 per year per 20 foot loading tons. Staff will notify all loading zone users of a public hearing to discuss these Issues. Chadwick said the commission has discussed this issue several times. The commission asked the main street program to Include loading zones in their study which they did. It appears only to be important to business owners with loading zones. Chadwick said staff is asking that the commission got something on the board for the October meeting to be finalized in Novasber. All loading zone owners could be invited to the November meeting to air their concerns and In December a final proposal be submitted. Kay said the problem is that each -~rner has their own needs. In looking at the survey, moot c_ the cities don't charge a ree. Key asked If any loading zone owners had paid this year. staff said only 3 had paid. L The commission discussed the numerous meetings with owners, committees, etc. and concluded that enough public forums had been held. They asked that staff draft two separate ordinances clarifying issues for review at the October meeting. b. F re Station 02 - Flashing Red Lights on last MCK! y Iwuch said that since Billy Ryan Rig chool opened traffic s increased on McKinney. Concer aye risen about yyettinq ou of the fire station. T are suggesting a fleahinq ligh t this location, It has just received this ' (memo fro. Fir pt) and is s ing guidance for a good solution. A signa t Mockln d and McKinney might be more helpful than a flashln 1 If a signal was at Mockingbird and McKinney, some r ors could be added, They can preempt the signal ght block off all eastbound and westbound traffic or a safe a rompt exit of fire trucks. Irwin asks f traffic would still up In front of the fire at on. Iwuehukwu said that Is a Ibillty. This is a pr !nary study. wuchukwu said traffic doesn't always obey fla ng red I I ' s I CTSSC NENO September 3, 1991 Page 2 Iwd2N0 I This is a neighborhood oriented issue and staff needs directt the commission. Staff will accept and implement commission's recommendation ~ vailabl oftpm on sbuto feel the 3 way atop is the fastest and best soluti s ITEM GENERAL BUSINESS: a1 Loading Zones In the last CTSSC meeting, the commission requested that the loading zone issue be re-submitted for consideration. Staff has enclosed previous minutes, survey results, and staff recommendations for a general overview of what has transpired j on the loading zone issue. We envision that after discussion in this meetingr loading zone owners will be Invited to the next meeting (October) for another discussion and a possible action on staff recommendation. The general recommendation is to leave the basic loading zone Includ commission/ needs of develop t a o maximum approval, numbers they are. The do feel that parking of personal vehicles in those !spaces is per buness. we not the intent of the loading zone ordinance and should be prohibited. This should be enforced and fined accordingly. We recommend the fee rise to $120 per zone per year. Finally, we need to make those vehicles legally in the spaces easily w Identifiable for l1e enforcement to work. Hopefully, these r .4 suggestions will allow us to quickly bring these issues to a speedy conclusion, bi ire Station 12 - Flashing Red Lights on East McKinney Staf Ill present information regarding this requ at the meeting r commissioners input. ci No u-turn at 0 block of Carroll in front o fairgrounds A citizen has req ted this to avol sidewalk as a result possible damage to the that she has U-turns. Blackanmlre has reported making u-turns ser ed mleiee thbound on Carroll Boulevard r the says compact cars do not ranee to the Fairgrounds. She but blggr care and p! roblems completing the u-turn, Order to complete th p trot often climb the sidewalk in nneuver. Staff has not eceived any other complain on this issue, The situation 1 be closely monitored and it necessar problem develops loca n. Staff needs directtonnfromotheicommissio cne at the d} emo from the North Lake Neighborhood Association (FYI), 1017E I I 1 i I WN No CTSSC MINUTES October 7, 1992 / page E Cy~ZF Ind-" GENERAL BUSINESsi A. Loading zones Iwuchukwu said during the last meeting commission directed staff to prepare an alternative loading sons ordinance for consideration. Staff looked at all previous recommendations based cn research conducted from other cities. As a body, staff sincerely recommends that loading sones be free of charge to businesses. If loading zones are converted to private parking areas, the c Staff ommission could charge fees for there loading sones. loading feels Thehmajooritysofnthe should cities decide surveywho ed gets have commissions decides this matter. Staff's recommendation is for management of loading zones. There are actually three alternatives which the third is not written. It is to leave loading zones as is. Alternative /1 is to charge no fees. When businesses pay This is sones of that reasons staff f fools acquisition loading peones should be free of charge to businesses. Staff also recommends that loading zones be installed and maintained by City staff as currently done. The ordinance should emphasise very strict enforcement. A new ordinance will stipulate fines that are severe enough to deter violation and will also generate revenues to offset cost Involved with loading sones. E T he site of a single loading sons would be increased from the zonescurrient 20 most cites length 22ofeet long. for a double f loading son*, it would be N feet long, Staff also recommends that a new ordinance limit ownership of loading zones to two per business or one double loading acne. The coamission would have the authority to grant i4 more If they felt It was warranted. Except In the process of loading and unloading, a business would only be permitted to stay in the sons for 1S minutes. Staff also rscoahands a provision for towing. Currently, Section 10-100 (q) allows owners to use loading zones for storage during deliveries. Staff would like ' this repealed in the now ordinance. k Alternw~a~ Is the same as Alternative 01 except If the vehicles o in loading aoneso stayyff rthat ecoss)ends that the owner be charged .500 per foot. Erwin said we would be selling a space, Iwuchukwu said yes. If the commission does this, staff recossaends that the coasatssion review fees yearly. Iwuchukwu said staff feels that this will remove the anti- Apenda No ~f - e-'/~~" _ AgendaItoq <<~ _ CTSSC NLNUTRS Cate- October 7, 1991 page 3 1 i businen feeling that the public generally has about the city. Gore asked it loading tones on main thoroughfares needed to be addressed. Iwuchukwa said that the majority of titles do not allow loading tones on major streets which Include collector or arterials. staff would like for the commission to take that how to handle those loaposition nig l tone redqugests, For iexample# the book store on Elm street. Erwin recommended that the ordinance state that the commission review loading tone requests on a case by case basis. Erwin said that when the now ordinance In adopted, all businesses with loading tones need to reapply. Irwin asked it the commission can specify a fine. Captain Dotson said you can add a range. For example, $25 - $200. The sign must specify that amount. Erwin said he recommends that the commission accept Alternative 01 with a fine range of a minimum S2S up to $200 mulmum ffine, a provision for towing or booting, fapproval the a nowOrd yearly nonce the commissiono and all businesses at that adoption of Gore asked if staff should present two alternatives. Erwin and Amador disagreed, They feel It would only delay the ordinance and too much time has been lost. Kay said it loading :ones were charged for as stipulated In alternative 02, regardless of the tee, they would probably pay for it. A option Land ee forcletmentnoft algive 01hawill tgive revenue to offset maintenance of the sons. Erwin made a recommendation that staff present an ordinance at the November meeting as stipulated In alternative 01 with a fine rangqe, enforcement measure, and yearly review by the commission. The November meeting will be an open forum. It businesses have additional ~ input, they can do so at that time. The commissioners agreed. pp the cenclosedsaid l letter to merchants on these mouth side to the Square asking that reserved space signs be removed. These signs were installed by merchants and without city approval. b, we h strrs sig/Lta a City, in a jeffort w1 the t in! rsity t h exas tat halled thr signals on Mel aThe new 19nals the 1 oreectio Nl n ML. i { AgendoItom ate ,~"-/r - y3 M B M O R A M D U M DAT8i October 3, 1991 P9i Citizens Traffic Safety By ppcrt Comoisslon Mir Paul iwuchukwu, CT88C Liaison REI October 7, 1991 Nesting ITLI1l BiA 9T,~~i ITid-ft Mr. M.M. Mara i who resides at 1116 scent Street is requestlnq that the City ve the no parki signs on the north side of Crescent Street ( 00 Block) in nt of Denton High school. Mr. Maraghl has stated hat the ice ere still ticketing parked vehicles while there no so vity going on in the high school, This problem has been a concern to residents within the Denton High school area for s tlae in the August 12th meetings the commission voted to ve the parking Sipe on Linden between Bryan street and on street. R t alter that sleeting, Crescent Street residents an calling In ex esaing concern about the no parking signs !root of their houses. Sta!f has contacted the DIED for !a on this matter. Mors Sisk the D2SD has said the DIED will pport removal of no parkinq from bject location for one year until the fall of 1092 when sign!Ie school activity wS12 re rn to the Denton High school campus. etaf recommends approval for the removal of no parking s no on the 1100 Block of Crescent Street, on the north aide, ITill_!~ a• Loading tones staff !eels the procedure for applying for a new loading sons, and renewal of existing ones, as contained in current ordinance, Is appropriate. Staff Is recovimending that the following be considered for a new load zone ordinances "aw" Mo lees be charged Loading zones to be Installed and maintained by the city stricter enforcement lines should be appropriate to deter violators and to Thesilulolenasingle loading sons to sbe C'T88C MW 81x221 { Date October 30 1991 page 2 Alternate 1 Iggnt1 - Businesses t-j be limited to a maximum of two single loading sones or one double loading tone - except In the process of actual loading or unloading, vehicles should be limited to a maximum stay of 15 minutes on a loading tone - Provision for towing a dormant vehicle Loading tones not to be used for storage of personal or commercial vehicles is complete repeal of section 18-100 (g) of current ordinance) Alternate 2 This alternative will Include everything In alternative 1 above but will provide for a fee of 500 per foot of loading sons per month if loading tones are to be used for stor Q~~~ of commercial or personal vehicles. In addition, loadln~;Tess will be reviewed by the CTSSC every year during regular city budget period. Majority of the cities surveyed by staff do not charge tees for loading tones and do not allow storage of vehicles on loading zones. Of the two cities that charge tees, Weatherford and Fort Worth, only Weatherford allows storage of commercial vehicles on loading sones. Staff !eels the absance of fees will ,move the feeling of acquisition of property rights that goes with paying for loading zones. Ic will also be a pro-business move that will enhance the city's relationship with these businesses. b. Welch Street signals The City, in a Joint effort with the Un srsity of North Texas hoe installed three signals or/Welch Street. The new s nals are at the lntersectlons of 11ghland# W. Prairie, and Che nut with Welch. TF~e siq Ls all have pedestrian indl toss to provide for sate rossing of the very heavy studen traffic in the area. SOP the university and the city feel thilif signals would help minats Jay walking which has bNn a problem in the ea. C. Nrn on rroll Bou vard near the Fairgrounds entrance Sstill for nq this area for frequency of u-turns. Pnary findin suggest It is people who would normally m-turn at t oger median opening. No u-turn signs wcently po ed here and these people now go further no sake t turn. ' d. Dy var onces to be d Lded by the CTSSC Ta still underway make the CTSSC the body rle for deciding on dri ay and parking lot variance Pno. The commission will be rlefed by staff as soon as more tormation becomes available. U on the intersection of Scriptur with Malone and Jagoe strNts See attached memo from Jerry Clark 404rdo No A09rd71)yMl ( , Rile .1C SCI 3 CTSSC MINUTES November 4, 1991 l page S enough loading zones in the area with 2 across the treat which "lkinonggto American Cleaners, If additional zones a added, more r will be siiminated. Jan Biles, Main Street Coordinator addressed th comission. She said he has spoken with Me. Burt, and with to nt acquisition of the Joining property at the corner of liver and oak, a handic ped space may be provided in this pa Ing area. she will talk to he new owners and that may solve at problem. STAY RECOMMENDEDi Denial COMMISSIONERS1 made a motion to deny a request. Core seconded th motion. Motion pass unanimously. ITEM 04 WALNUT Jerry Clark present" a transparen y showing the location of Walnut street between Austin d Cedar. lark said this has been an issue for the past S years. a Walnu street issue went through several proceedings ending up w h th City Council which determined to leave It as It was. Recently, there has been s discussion regarding fairness and whether loading zones shoo d used by everyone. There has been a letter issued to all t e We ut Street owners asking that any signs dedicating those coo a loading -ones would be removed. The reason is that t City own the entire area. The space between buildings is approximate 60 feet which is City of Dent an's right-of-we as indicated i the original Town of Denton Plat. Clark press td an aerial phot raph showing the existing buildings and spac . Erwin asked it ere were any other areas along the square where owners have putting up signs saying th s is mine etc. Clark said not with is knowledge. Clark said are are two approaches to the Wolnu Street Issue. One would be leave it as is or to include it in the loading zone Issue. I it does become a loading sons issue, s ff would go on to that smut. Chad ck asked it the commission wanted to discuss Walnut street sap ately or include It in the loading zone Lanus. Gore said the commission had previously agreed that It was part of the loading zone Issue. All commlataoners agreed. ITilLld t~ADIMO EoNEE~ Clark Bald the commission had discussed two options at the last 1 meeting. Ths commission recommended Option #I, no tees loading zones to be Installed and maintained by the City minimum fine of $25.00 up to a maximum of ;200.00 (fines to be applied to maintenance, enforcement, and court costs) site to be 8' x 22' for single and 8' x 44' for double loading zone maximum of two single loading zones or one double loading t Noma No __1? CTSSC x1NUTe8 November 4, 1991 page 6 cone to be granted to any business maximum inactivity time on a loadingq cone to be IS minutes 1 provision for towing of dormant vehloles loading cones not to be used for storage of personal or commercial vehicles re-evaluation and renewal of existing loading zones due on adoption of new ordinance Clark said letters were sent to all loading zone owners. Sans input was received regarding the fact that if they are not allowed to 1 park In their loading zone, they will be taking up other parking spaces. This issue is so complicated its hard to know what is the best option. If the commission wants to keep option 01, an addendum could be added that would allow loading sons owners the right to park in that space if paid for. As proposed before, staff would charge SO cents per lineal feet for each tone which would be approximately $132.00 a year for a 22 foot sons. it a loading tone owner elected not to park his vehicle in the tone, in his or her i ( application, the fee would not be required. Irwin asked if the commission would be setting up an enforcement problem. Clark agreed that enforcement would be difficult. Clark said the best thing might be to set up an enforcement group or comittee whether private or public to enforce the ordinance. Irwin asked if the city would be getting into the business of selling spaces. Clark said It would be best to set good guidelines and follow through on them. White asked how many loading cones existed. Clark said 14 - 12 on or around the Square. Irwin said it was unclear whether the City was selling spaces or loading zones. Now do ypou tell the difference. Clark said the only way he knew would be signage. The spaces would have to be clearly marked. Irwin asked what the s1 n would say, 'This space belongs to that certain business'. Clark saidyy yes. said a anythingdiscussedipravL Irwin wouldn't tell thedocitical theovehicle asn'taIn that space. Captain i CCounty official hadnbeen cited because hefwasudrivingraeveh icle a that didn't have a sticker. His vehicle was in the shop being repaired. Clark said there will have to be a lot of personnel involvement to explain the loading zone use to citizens. Chadwick said part of the loading cone issue is contingent on the restructure of the Square. Chadwick asked Clark to explain the restructuring process. Clark showed a sketch of the proposed Denton Square Parking Proposal to the commission. He said, this was presented at a meeting on October 29th. This proposal is an attempt, by the Parking Committee, to create more parking spaces on the Square and to address parking Issues. J Agenda No r1~te CTSSC MINUTES November 4, 1991 page 7 One thing addressed was to designate 2 hour parking spaces for customers and 8 hour designated parking spaces for employee/amployer parking. Input received showed some negative reaction toward the 8 hour spaces because it limited customer parking. These may be changed. Handicapped parking and loading cones are Indicated on the proposal. This proposal gains about 18 parking spaces. The committee plans to redesign the inside of the square to also gain extra spaces. Adding angle parking on theme type roads will slow traffic. one of the issues ham been that people drive too test on the Square. The issue is not how fast you can get through the square, it's whether you can get through. This shouldn't be a high speed road for anyone. Clark said the Issue at the Square some to be enforcement, parking management by employers and employees, and educating people. i Chadwick asked that the basis was for location of loading zones on this proposal. Clark said the only ones relocated were Hr. Thomas's and Recycled Books. They were put on arterials. That way they wouldn't conflict with angle spacing. Chadwick said all the loading zones on this proposal are parallel. Clark said yes. Chadwick said its all two lane with the exception of North Locust. Clark said there are a few areas that have turn lanes. One of the things the street Scapa will Gi is define the main lanes. It will make a large 60 foot area sees like a two lane road. It will make the parking more visible and rt.duce speed. Jane Biles, Main Street Coordinator, cams forward and stated that there are some complex issues. She said she has observed there are two reasons people use loading zones. People like McNeil, Thomas rurniture, Hickory Street Waterbeds, and large appliance companies have large trucks and make deliveries to their customers. Then there are businesses like American Cleaners, Sue's, and Recycle Books whoa their oustosers deliver items to them and need a space for those deliveries. You have light and heavy loading zones. The determination on the type loading zones could be determined in the use. The abuse by the general public is small. Don Hindle, Attorney at Law, came forward. He said his office is on the center of the square between Hickory and Walnut. The whole concept affects his business in regard to changing parking spaces, enforcement, and changing parking designation to S hours. He disclosed that he is a municipal judge for the City of Denton and has been called upon to decide it someone has violated a parking regulation. One of his pets~ectives was that there should be no change at all. He doesn't think anything suggested will improve things on the Square. Hindle said he has heard some say that it angle parking was changed back to 450 on the inside of the Square a significant number of spaces would be rscraatod. Also, it the spaces were narrowed on the inside of the square additional parking spaces would be created. He said he has never seen that many people looking for parking spaces even at peak times. Apendaltect_1i_.~.% # 3 CTSSC HINUTBS November 4, 1991 F page 8 Wl.ndle said, it more spaces can be recreated it should be done. If something can be done that favors parking over traffic flow, it should be done short of liability. Wlndle said, he is opposed to charging larger tines for L:affic overparking on the square. He feels that will discourage patronage on the square because you won't get a parking ticket at the Golden Triangle Hall regardless of how you park. A slight increase might be justified. rte, . Hindle said, regarding the walnut street Issue, he has examined a significant amount of titles on the square and isn't certain that the City of Denton owns the area used as private loadingy son** by the businesses. This Is a prematute issue since the Clty hasn't established ownership. Most of the people who lease property, j leased It on the basis that It was part of their lease-hold. Someone in the city needs to do a title search to establish ownership. Bob Tripp, Bvers Hardware, said the Denton Square Parking proposal shown for Walnut Street to basically as it exists and has for many years. There are only 14-15 spaces to park on that street. The owners along Walnut Street are happy with the way things are and would like for it to stay this way. Tripp said the major streets such as Oak, Hickory, Blm, and Locust should not have any 8 hour parking, Those ore major traffic arteries. Ron Iordy, recently opened a business on the square. He has a large truck and would like to leave things as they are on Walnut street. He is In favor of realigning spaces on the square to obtain more parking spaces. Chadwick asked for a clarification on the degree of angle parking proposed, Clark said the outside of the square is 45' and the inside Is 308. It was done at 304 to align the traffic lanes. They were offset as much as 3-5 feet which is dangerous and a liability issue. It the inside was changed back to 4540 you are ggoing to have people backing across 2 lanes versus one the way it Is now. In a 300 space, you can back into one lane and visibly see what to happening. it tv a much safer movement. if changing the angles on the inside can be done safely and it makes things better for the merchants, staff will talk with the Cityy manager and the city Attorney about making these changes. Staff is concerned about backing across 2 lanes of traffic, because it does cause more accidents. As traffic volumes go up, those type Accidents occur more frequently. Clark said in 1985, about 30 spaces were eliminated when the angle ' spacing on the inside was changed from 450 to 304 angle parking. Actually, the legal spaces are 16-18 because the 1972 photos used show parking all the way out to the corners. That can be changed backs but, it is a liability issue and is highly discouraged. Most of the new spaces are proposed at 0' and will in some cases have people backing across two Jones of traffic, One factor that could be eliminated is the continuous left turn lane all around the square. This would help create the 450 parking spaces and vehicles would not be backing into two lanes of traffic. Awn No CTSSC MINUTES November 1, 1991 pegs 9 However, the inside lane has always been an added feature of the square. Of the courthouse Chadwick said the plans show onth:ainterior sides the two through three lanes. Clark ■ald yeas went Lr om 30• to /5• lands. Chadvlck Bali nhs C450 lsrkasaldutit YOU id not totally block t • Plan access under this on the inside, someone backing out across the two lanes would block the whole attests sad as 8 boat Clark said there are spaces on Walnut street prop o have all day 1 ralseds theuissueeof unfairness among tothose her p ing loading zone owners. i j Irwin said the angle parking and all other conversions t for another issue that will have to be addressed at ■9 l fro meetings The commission needs to establish and recommend requ a new loading sons ordinance. Clark said the Information prevented, iincludin ncluding th:fterllooking at issue, has been presented to the City 14 rt along deeds and records, the City of Denton does own the Props y , Walnut Street. staff will lute this through the City Attorney s office for a leg Pwill" with addreesed the commlesionko He sald,tthere ids an 0~etinq "need for three loading Wcas on Walnut Street for him and others to park theirry trucks. asked olaetfiCitlon on the ono Leii loi*d Books and oading tones she caskeditthe city Chadwick said th would make that determination `"the b sin@1 Sion would review its business would make the request 9111 Thomas, Thomas Furniture came forward to address the commission. He said he has a 22 foot delivery truck which he now dune two loading cones on Cedar street to park it. He has always paid his loading sone fees To his knowledgs, the people is is on walnut that the Street have not been treated like he has. His raga commission treat everyone the same. Whatever the end result, let It be uniform. Thomas esid, he has a problem with the proposal that one business can only have 2 loading tones, presently, ha has three warehouse and 1 on oak Street. The coetisiosion is trying to A be non Alternative tfor Ithemebut !o doublenpaOak eliminate will tones in two Jones of traffic when loading and unloading. There with be co round He has talked to jetty Clark about moving needs consider this in the to th% corner but that would increase liability of loading and unloading on a hill. and the new Thomas sald$ he had no problem with angle parking scheme for downtown. Irwin 95ked Mr. Thomas what type of signage he recommended for dasignat►oq paid loading tones versus open loading zones. He said CTSSC MINUTES November 4, 1991 page 10 the loading zone ordinance specified permanent signs on the vehicles. Many of the delivery vehicles have painted signs. In the past, that has worked well. Irwin asked how to mark the space. How would the owner prevent a citizen from using that space. Thomas said they don't. The citizens use them. Usually, they are there for a short period of time. Irwin asked if the space should be painted with the owners name. Thomas said, he didn't feel that would be necessary. Chadwick asked Thomas, if the commission provided a license to display in the window of a vehicle while in the loading zone, would that be acceptable. Thomas said yes. I i Joe Northern, owner of Joe's Cleaners on Avenue A came forward to address the commission. He said his situation was different than that on the square but appreciated the hard work of start and commission members. He agreed with displaying a license on the dash of a vehicle. Bites asked for clarification of the license. Chadwick said if an owner wanted to pay to park his vehicle in a loading zone, for enforcement, a clip type license would be displayed from the visor. Silos asked about the non paying loading zone owners. Chadwick said they wouldn't receive one. The licenses would be numbered and the zones marked accordingly. windel came forward and said before any regulatory measures was placed on Walnut street, the city needs to clarify ownership. He isn't saying the City does or does not own the property but asked that it be thoroughly checked, A lot of business owners need that clarified. Captain Dotson said he agreed with use of a tag to identify loading i sons ownership. Clark said the Municipal Judge said one way to handle a lot of issues on the square would be installation of parking meters. tordy asked why anyone would have to pay a fee. Chadwick said the proposal has a no fee clause. It you want to park your vehicle in it all day, then you would have to pay for it. Tordy said they are currently parking free. Why can't everyone. Chadwick said Walnut Street will have to comply if the spaces are owned by the City. This is yet to be clarified. STATE RECOMMENDSDi Approval with an addendum of SO cents per lineal foot for those who want to pay for a space to park their vehicles. The City will provide the license to be displayed in all vehicles that use the space. COMMISSIONEASi Srwin made a motion to accept staff's recommendation. Xay seconded the motion. Motion passed unanimously. C1 has been u locate ordinances that define ov"I No aQsndalterrt, lc- ~ ~ CTSSC MEMO / October 31, 1991 page 3 that would warrant a loading tone, and erefore, we do not r end it. Also awarding of n loading tones has been tempo ily suspended until a new finance is in place. STEM 14 The Walnut Street ing Issue has been before the condission several times. let mailed by the City Managers office is enclosed. Th otter reque that the owners attend the November 4, 1991 me ng of this coamiss Input on parking issues and possibl oading zones would be rece We will bring the Square Park Proposal drawing to the meeting. orthophotograph (to j s e Vn SO' aerial photo) will also be oval Is. ITEM 05 LOADING 2ONZSj You had discussed concepts for loading zones in your last meeting. The option selected was the first which provides loading tones as needed and approved without fees. ownership would not be an issue since no costs for maintenance would be assessed. The zones would be available to any vehicle undertaking loading and unloading operations in the area. This would generally be to the adjacant ;)uoiness, The City will commit to making sure the loading tones are well maintained to allow proper enforcement.. enforcement has to be need to b-a stiff enough to prevent repeated violations he penalties had selected In reprinted below. All the current loading zone owners will be invited to attend this meeting to give input. no fees loading minimum fine sofo`25,OOa up Installed a amaximumof maintained 1200.00 by the City be applied to maintenance, enforcement, and court costs) size to be 8' x 22' for single and 8' x 44' for double loading zone maximum of two single loading zones or one double loading zone to be granted to any business maximum inactivity time on a loading eons to be 15 minutes provision for towing of dormant vehicles loading zones not to be used for storage of personal or commerclal vehicles re-evaluation and renewal of existing loading seines due on adoption of new ordinance 97DlR APPROV 01 AN ORDINAwC! TO ESTABLISH RICYCLIN LANES ON STVART ROAM lanes are existing but are not curr y covered by an at we can find. We recomms st an ordinance be ciali and legally ish them. Apparently, anes just plac no parking areas In the 1970's 71k 80's. der t imits as owes Drive from US 380 to Winds ve Road - From Sherman Drive (r.M, to Hercules ALL00288\1620.5 ~low$No PROPOSED ORDINANCE ORDINANCE NO. F AN ORDINANCE AMENDING SECTION 18-100 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON RELATING TO APPLICATIONS FOR LOADING ZONES; PRO- VIDING FOR PARKING OF CERTAIN AUTHORIZED VEHICLES WITHIN LOADING ZONES; AMENDING SECTION 18-101 PROVIDING FOR THE MARKING OF LOADIN! ZONES; AMENDING SECTION 18-102 PROVIDING FOR A VIOLATION FOR UNAU- THORIZED PARKING IN A DESIGNATED LOADING ZONE; CREATING SECTION 18- 102.1 PROVIDING FOR A PENALTY IN THE MINIMUM AMOUNT OF $25.00 AND THE MAXIMUM AMOUNT OF $200.00 FOR VIOLATIONS THEREOF; PROVIDING FOR THE REMOVAL OF VEHICLES IN VIOLATION THEREOF; PROVIDING FOR CRITERIA, DIMENSIONS AND APPLICATION FEE FOR LOADING ZONES; REPEAL- ING ALL ORDINANCES IN CONFLICT; PROVIDING FOR A SAVING CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Sec. 18-100. "Application for loading zone', of the Code of Ordinances is amended to read as follows: sae. 18-100. Application for loading gone. (a) Loading zones may be granted to any business where a loading zone is necessary for the conduct of the business, subject to the provisions pro- vided in this section. (b) The owner or manager of a business desiring a loading zone shall make written application to the Citizens Traffic Safety Support Commission. The application shall state the followings (1) The name and address of the business; (2) The types of goods and/or services provided by the business; (J) The types and numbers of commercial vehicles operated by the business; (4) The typep of commercial vehicles making deliveries to the business and the frequency of the deliveries made by the vehicles; (5) A statement of the s ecific use to be made of the proposed loading zone; (6) The types and numbers of personal vehi- cles, of any, which may be parked in pro- posed loading zone when zone is not being used for loading or unloading purposes. EVMde ho r',3 - i~r r (c) if the application for the loading zone is approved by the Citizens Traffic Safety Support commission, the commission shall direct appropri- ate City personnel to cause the loading zone to be installed as provided in (d) of this section. (d) A loading zone application which does not re- quest usage for any personal vehicles, as provided in (b)(6), will be installed without cost to the applicant. A loading zone application, including usage for parking of perso-al vehicles as provided in (b)(6), shall be installed upon receipt of an advance payment, as established by the city coun- cil and on file in the office of the city secre- tary. (e) Upon granting the application for a loading zone permitting the parking or persona] vehicles, the permit holder shall be issued an official decal or device, as determined by the Citizens Traffic Safety Support Commission, which shall be displayed upon any personal vehicle at all times in order to be legally parked in the loading zone designated for the applicant. (f) The Citizens Traffic Safety Support Commis- sion shall annually review loading zone renewal applications to determine whether a need for each loading zone exists. If the commission determines such a need continues to exist, the loading zone shall be renewed upon the receipt of a renewal fee, if applicable, and as established by the city i council and on file in the office of the city secretary, prior to October 1 of each year. Fail- ure to pay any applicable renewal fee prior to October 1 will result in the need for reapplica- tion at a coat, as established by the city council and on file in the office of the city secretary. (g) An applicant may appeal the decision to deny a loading cone permit or renewal to the city council. (h) Loading zones may only be used for the actual t loading and unloading of commercial or customer vehicles, except as follow83 (1) personal vehicles displaying official parking decals as provided in paragraph (e) of the section) or (2) commercial vehicles registered by the owner with the Citizens Traffic Safety Support Commis- Page 2 i AaendaIteM,, _ Z~ ' Date_ sion and the chief of police tearing a properly affixed sign identifying it as a commercial vehicle. (i) The following words and phrases, when used in this article, shall, for the purposes of this article, have the following meaning: (1) commercial vehicle shall mean any motor vehicle (other than a passenger car) designed or used primarily for transportation of property, including any passenge_ car which has been reconstructed so as to be used, and which is being used, primarily for delivery purposes. (2) personal vehicle shall mean a passenger car or any other motor vehicle designed or used primarily for the transportation of persons. SECTION 11. That Sec. 18.101. "Marking of loading zones" of the Code of ordinances shall be amended to read as follows: sso, 1e-101. narking of loading zones. Every loading zone approved by the Citizens Traffic Safety Commission shall be designated by City personnel by markings painted on the curb adjacent thereto and/or signs adjacent thoreto the words "LOADING ZONE--VIOLATORS WILL BE TOWED". SECTION III. That Sec. 18-102. "Parking restrictions in loading zone" of the Code of Ordinances shall be amended to read as follows$ sec. is-ioa. Parking Restrictions in Loading Some. (a) No commercial vehicle, except as marked in accordance with section 18-100(h)(2), shall be parked in any loading zone for a longer continuous time than is reasonably necessary to load or unload goods or merchandise for the business for which such loading zone is reserved. (b) It shall be unlawful to park an unattended vehicle not , having properly affixed signs or decals attached thereto identifying the vehicle as a commercial vehicle or properly parked personal vehicle within a loading zone at any time for any purpose. SECTIQli_ 1 . That the Code of Ordinances, Denton, Texas, is amended by adding a section, to be numbered 18-102.1. "Penalties for Violation of Loading Zona Restrictions"; which said section reads as followst Page 3 ~ponaa Ibm ° 1 sea. 18.102,1. Penalties for Violation Restrictions of Loading Son* . (a) Any person violating provisions of Sec. 18-102 of this ' Code shall be punished upon conviction by a fine of not less than $25 or more than $200. j An vehicl terms of Sec. 18e202ushall be dee ed a nuisance iand shall j be subject to impoundment. SECTION V. That the size of loading zones shall be as follows: j a. Eight feet (81) x twenty-two feet (221) for a single loading zone; or b. Eight feet (8' loading zone. ) x forty-four feet (441) for a double SECTION vt, That the maximum of two (2) single loading zones or one (1) double loading zone may be granted to any business. SECT,IO. That an application fee of $ per .linear foot shall be paid prior to installation of any loading zoris requesting the parking of authorized personal vehicles within the designated loading zone at times when said zone is not being used for loading or unloading purposes. Any renewal fee or reapplica-tion fee for a schedule of the loadin per linear foot. A herein shall a maintained on file in the office of the City Secretary. SEC'T'ION VIi2, rf any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION IX. That any provisions of any ordinance which may be in conflict with the terms of this ordinance are hereby repealed. SECTION X• That this ordinance shall become effective fourteen (14) days from the date of its passage, and the city secretary is hereby directed to cause the caption of this ordinance to be pub- lished twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. Page 4 Y.a-~1a~.-err i I apenda No 5' ageadanertt...~~~ - Dote PASSED AND APPROVED this the day of , 1993. BOB CASTLEBERRY, MAYOR j ATTESTS JENNIFER WALTERS, CITY SECRETARY i BY: i APPROVED AS TO LEGAL FORMS DEBRA A. DRAYOVITCHe CITY ATTORNEY BY' Page 5 J Agenda 1i WIN t 1 ~ VJ ~~.7r CAf1~ C14i1rJ2i 5 _Q Sqr it SG _ COQ ' I 2 i III Jhh J 2 I OD 4~1. iCK.or V o 13!.. 8~. 15 l7 [ G 3 2 ~or ~c {r ~ 1 ' } cD1ksig -6,es, (vANQY 1,q It 1'1 ..I u3 o8J,9!_ 1 CO a nl t i ~ 1~ fl r~C IVjI~.~_ ~4V.NLt I" Q. J 1 _ - 1 U I _ 15 t'I fill 1) 0;91 -lys" 11 _ 21 11 i 4 ' 1 _ ! n _~hth_a~;.s .Pfn~s•I~nc_ li 1 ^t 1 ~v_3/ 5~ ~-r 7 , 21 y ha i. k Su ea C45fo1~~ _Sg.v.+r ~ _ _ 2 21 22 23 3f1~141~On~AS _~urny_Iure, i. Ak CE 05 24 2 17- 2~ - Is . ),a) Alt A- 2 21 i I _ f :2 C~E d -t~Itc d _1 1 _ s °3 Gb 91, j 2 21 _ . 2f , ~ I 1Q c 32 _ I 2 21 ii 1:. ' 2 21 14 2} - 11 31 _ I I i CURRENT ORDINANCE Agenda NO.__~~_ +tigeadalterrz_L-_'~ ~3 MOTOR VEHICLES AND TRAFFIC ibi In areas designated as time limit parking areas, parking may be limited to any period prescribed by the council, the areas to be designated with clearly distinguishable markings or signs at both ends of the time limit area and at reasonable intervals between the beginning and ending of such time limit area, indicating the time allowed for parking in such area. ~c) Any time limit on parking established under this section shall apply on such days and between such hours as prescribed by the council, iCode 1966, $ 24.121) r Sec, 18.97, Parking In prohibited areas; overtime parking; owner prime facie respon- sible for Illegal parking. It shall be unlawful for any person to cause, allow, permit or suffer any vehicle registered in his narne or owned or operated by him or in his possession or under his control to be or remain in any space or area in which )arking is prohibited as provided in section 18.96 or in a time limit parking area for a longer period of time than that designated by the markings on the street or by signs clearly visible, and should any vehiclebe found upon a street or highway in violation of any provision or this article regulating the stopping, standing or parking of vehicles and the identity of the driver cannot be determined, the owner or person in whose name such vehicle is registered shall be held prima facie responsible for such violation. (Code 1966, 4 24.122) Sec, 18.98, Overnight parking. Overnight parking far storage on any paved street is hereby prohibited. "Overnight parking for storage" is hereby defined as the habitual parking or storing of cars, trucks, tractors or other vehi.les on paved streets during the hours from sundown to sunup, except temporarily disabled vehicles which are protected by flares or other approved signal devices. It is not the Intent of this section to prohibit or interfere with passenger cars temporarily parked at night, where such parking does not exceed twenty (20) continuous hours. (Code 1966, 4 24.126) Sea 1899. Loading and unloading of freight trucks. All freight trucks shall be and are hereby required to be loaded and unloaded from the alley entrance, if practicable. Where conditions are such as to make the loading or unloading thereof from an alley Impracticable, such trucks shall be parked on the street in accordance with all applicable provisions of this article, (Code 1966, 124-127) See, 18100. Application for loading zone, (a) Loading zones may be granted to any business where a loading zone is necessary for the conduct of the business, subject to the provisions provided in this section. 1267 ~ Apendako .~.~3 -Gi.S~ _ ~I ii 18.100 Agendalfer(L_~ DENTON CODE Date- 1/-, gib! The owner or manager of a business desiring a loading tone shall make Writ en K( , application to the traffic safety support commission. The application shall date the following: 11 ~ The name and address of the business; , 2+ The types of goods and/or services provided by the business; 31 The types and number of commercial vehicles operated by the business; '4) The t ~i ypes of commercial vehicles making deliveries to the business and the frequency of the deliveries made by the vehicles; r5; A statement of the specific use to be made of the proposed loading zone. (c) If the application for the loading zone is approved by the traffic safety support com• mission, it shall cause the loading zone to be installed upon receipt of an advance payment as established by the city council and on file In the office of the city secretary. (dl Loading zone appUcations shall be reviewed annually by the traffic safely support commission which shall determine whether a need for each loading zone still exists. If the traffic safety support commission determines such a need still exists, the loading zone shall be renewed upon the receipt of a renewal fee, as established by the city council and on file in the office of the city secretary, prior to October 1 of each year. Failure to pay the renewal fee prior to October 1 will result in the need for reapplication at a cost, as established by the city council and on file In the office of the city secretary. is) The denial of a loading zone or loading zone renewal m J council. may be appealed to the city (f) Loading zones shall be nontransferable unless authorized by the traffic safety support commission, (g) Loading zones may only be used for the actual loading and unloading ofcommercIP1 or customer vehicles, except that the owner of the loading zone may register with the traffic safety support commission and the chief of police each vehicle with every properly affixed sign Identifying it as a commercial vehicle. Such vehicle may remain parked within the loading zone between deliveries. (Code 1966, § 241281 See. 18.101. Marking of loading zones, Every loading zone shall have painted on the curb ad acent thereto and/or signs adjacent ~ thereto the words "loading zone." (Code 1966, 124-129) See, 18.102. Parking restrictions In loadlog:one, (al No commercial vehicle marked in accordance with section 18.100(g) shall be parked in any loading zone for a longer continuous time than is reasonably necessary to load or unload goods or merchandise for the business for which such loading zone is reserved, except In accordance with section 18.100(8), 1268 M7 r Agenda No AgeidaItem_.~c ! 4 ~3 - MOTOR VEHICLES AND TRAFFIC L11te '~j'. ~l 1b, It shall be unlawful to park an unattended vehicle not having properly affixed signsV attached thereto identifying the vehicle as a commercial vehicle within a loading zone at any time for any purpose. ,Code 1966, § 24.129.11 Sec, 18.103. Designation and use of taxicab stands. fa Taxicab stands or zones may be granted to any taxicab business where such stand or zone is necessary for the conduct of the business of the taxicab business subject to the provi sions provided in this section. ,bi The owner of one 111 or more licensed taxicabs desiring a taxicab zone or stand for a taxicab use shall make written application to the traffic support commission on forms provided by such commission. 1ci If the commission finds that there is a need for such taxicab stand or zone it may approve such application and direct that such stand or zone be designated by sign or other appropriate markings upon receipt by the applicant of a fee as established by the city council and on rile In the office of the city secretary. Thereafter, the applicant receiving such taxicab zone or stand shall pay an annual fee prior to October 1 of ea h year, as established by the city council and on rile in the office of the city secretary in o -der to renew the use of such zone or stand for taxicab purposes for one fl I year, (d) The denial of an application for a taxicab zone or stand may be appealed to the city council. (el The driver of a taxicab shall not park upon any street in any business district at any time other than at a taxicab stand, except such vehicle may temporarily stop or park in accordance with other stopping or parking regulations at any place for the purpose of and while actually engaged in loading or unloading passengers. 14 No person shall stop, stand or park a vehicle other than a taxicab in a taxicab stand or zone when such tone or stand has been officially designated and appropriately marked, except that a driver of a passenger vehicle may temporarily atop therein for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not Interfere with any taxicab waiting to enter or about to enter such stand or tone. Code 1966, 124-130) Sec, 18.104, Impoundment of standing or parked vehicles, (a) A vehicle removed and towed under the authority of Vernon's Ann, Civ, St. an, 6701d, section 94 shall be kept at the place designated by the police department until application for redemption is made by the owner or his authorized agent or other person legally entitled to possession of the vehicle, The police department shall require adequate proof of ownership or proof of the right to possession of the vehicle, The fees for towing and storage of vehicles are as follows; (Ii Tou-ing jces. Towing fees shall be as established in chapter 23, article Nof this Code, 9UPP No 1 1289 k it :'i"i`.°ii~'c F'tY •S: •TPY=ra .J a.:. i w lilt I i I i I it t I • E i 1 i AWAI _ Date CITY CO11NCI ---r.L REPORT POSMAT TOs Mayor and Members of the City Council FROMI Lloyd V. Harrell, City Manager SUBJECTt CHARGE AND DIRECTION FOR THE JUVENILE DIVERSION TASK FORCE DATEt April 30, 1993 RLCO►HWATION1 Staff recommend. developing the charge for the Juvenile Diversion Task Force. The purpose is to give directions for their This includes setting the time frame for the conclusion of the assignment. project. 9UHHAA r The first step in establishing the Juvenile Diversion Task Force is to develop a charge to assure that it will focus on the concerns of the City j Council. Using data from the Texas Teen Court Association, we have assembled a proposed listing for your consideration. The specific items are as follows: A. Determine if Diversion Programs are appropriate and feasible. I. A one dimensional program 2. Teen court B. If Diversion Programw are appropriate and believed to be feasible for the City, recommendations should be made regarding the following: 1. Goals of the Diversion Program. • Reduction in the number of juvenile offenders • Development of a healthy attitude among juveniles toward authority. • Involvement of the community in addressing the problems of juvenile offenders, 2. Format of the Diversion Program • Board • Diversion Coordinator • Meeting place for Diversion Program • Screening criteria • Role of participants • Evaluation of program • Adult and youth volunteer recruitment 3. Public Relations Strategy • Speaker Bureau • Continuous recruitment in anticipation of turnover • Recognition program 4. Anticipated financial Impact S. Implementation schedule • List of action steps in sequential order (also identify individual or organization responsible for action) • Time frame of various action steps • Periodic evaluation and updates to City Council. coo - L-//- Council Report Format April 30, 1993 9 Page 2 The second major issue regarding the formulation of the task force is the selection of its members. To assist the Council in making their selection, we have provided a proposed listing of organizations which may be willing to volunteer representatives. The listing and number of members is as follows: r 1 Member selected from the Parent/Teacher Association 1 Member selected from the Chamber of Commerce 1 member selected from civic groups 1 Member selected from Denton County 1 Member selected from Denton Independent School District I Member selected from the Municipal Judge'e Office 1 Member selected from the City's Finance Department 1 Member selected from the city Attorney's office 1 Member selected from the Police Department 1 Member selected from community-based organizations 1 Student selected from the Denton Independent School District PROORAM$ prPARTEMS. OR GROUPS A_RFECTont The Municipal Judge, Police Department, and the Municipal Court Clerks office will be affected by the establishment of a Diversion Task Force. These areas area likely to be involved in the Task Force evaluation and can be impacted by their recommendations. TISCAL IIIP=t None RES ECT LY SUBMITT i Prepared bye Llo V. Harrell, Cit, Manager i L Harlan L. Jet n Director of Bury Operations Approveds John F. MCOrane Executive Director of Finance AFF00511 I I ~.z ~ac.auisetA S~>a~s-e. ,.r I cl I ~ I I I I I I i I I 1 I i i aoe &IN s- DATE: May 11, 199X650 ,3.._ S PLANNING AND ZONING COMMISSION REPORT l 1 TO: Denton Planning and Zoning Commission FROM: Frank Robbins, Executive Director of Planning and Development SUBJECT: Landscape and Tree Preservation Ordinances i ECOMMENDATION• Staff makes no recommendation concerning tree removal at this time. Staff recommendation would follow dependent upon Council direction. if council directs that the ordinance be amended, staff recommends consideration of updating the ordinance in the following areas: 1. Permitting requirements on property zoned and platted one (1) or two (2) family. No tree removal permit is required to remove a tree where there exists a (1) one or two (2) family house. The Homebuilders have requested this exemption if the property is zoned and platted when a building permit is being requested. 2. Adopting a new plant list. 3. Clarifying the landscaping requirement for building additions into the street yard. 4. Change the tree diameter measurement location from one (1) to four (4) feet above the ground. SUMMARY: 1 Ordinance and administration change options and procedural options for reviewing these possible changes are attached. $ACKGROUNQ: 1 Concerns have been expressed about staff approval of removing a very large oak tree next to the Genetics Center on McKinney near Loop 288. The oak tree removed was between 36 and 45 inches in diameter. See Attachment 1 for the landscape plan of the proposed building and the location of the protected trees approved for removal by staff. 1 v~ 1 ~yendaNa 93.05 ayendalte~_~v~ ~ae P&Z Commission Report/ 7 May 11, 1993 Page 2 On April 27, 1993, Councilmember Brock suggested that Council consider additional tree preservation measures which might be in order for our largest trees. A new category of protection i might be in order. P&Z, rather than staff, might review such tree removal applications. It was noted that a public hearing might be held. The Landscape and Tree Preservation ordinance was adopted in 1988 after promulgation by the Beautification Task Force; review by a broad based citizen, staff formed committee; and review and public hearings by P&Z. since then, staff has personally consulted with three other northern metroplex cities considering landscape ordinances. • PROBLEMS: Planning, Building Inspections, Code Enforcement, developers, home builders, contractors, tree surveyors, landscape and tree professionals. I FISCAL IMPACT: 1 None. I Respectfu ly submitted: ~ d ~ I Lloy V. Harrell, City agar Prepared: Frank Robbins, AIcP Executive Director of Planning and Development I Attachments: J 1. Texas Department of Human Services landscape plan excerpts. I 2. Landscape and Tree Preservation ordinance. 3. Current Tree Removal summary. 4. Options. 5. Other cities' standards. (Preliminary and incomplete.) 1 J II v I rNr eev~rir cr.vra~ t cr r, CJrM'.[ r 1 , I 1 - J-T.•- T- 1 _ _ - , } rte= 3 tij j 7 Xt w! ir.. r. t..,I~rldf ♦i '1 t ~ t ~ f~~ L..~ I>rr ~ I h ~ruPOff ro fil I ~ : I ~~I 1 1 7 ~ I r l l ~~I I '~t.I.aly L fin! I% , ► j ~F 1 Hw.. /mar L.. l~ ~ I I 11 1 Dill - h~'h 4/hee/ ffo^t t le t 41- t X30 - -f 5 90 4 1 W 486.65' 1Y~ave.- ~mi/ Cur6 .End 1 LANDSCAPE PLANT LIST STREET YARD Qvart BOTANICAL NA44E COWON MAC SIZE sPAc AREA • J7 668 SOUAR£ FEET _ { REQUIRED LANDSCAPE AREA 0 20% • 7333.6 SQUARE FEET J OL RCUS MACROCARPA BUR OAK 4' CAL. NUR` PROPOSED LANDSCAPE AREA • 8682 SQUARE FEET • 23% 0 /A GCRS TROEW fO A CREPE MYRTLE P' CAL. MAR-, or STREET YARD. 58 LEX CV&PjTA &WOM NAND DM'ARF SWORD W L Y 3 6AL NUBS TREES REOUWED OUANTITY • AC68 12500 • 15.07 • 16 TREES HARDSCAPE AREA 24,6& SQUARE FEET 07RiGATAON SHALL BE BY LAhDERSRO" PFM AIV SPRWLER HEADS AT 1 13 l ud ll E, ~ KIY6 RE 13 11, 10 SOUAA E FEET EACH LANDSCAPE AREA. R ~ W L~OA E• ?u~C~X~ I ~4 SQUARE FEET GRASSED AREAS SHALL BE HYD OWACHED. >Li.4v LLT PARKAW SPACES REOUPED • 79 SPACE WV".0 • 160 t mQsaop ONCO w 4GINEERS FA SURVEYORS V ?6201 Poe 1552 11 ApeAde Na -G 4.5 ATTAC13MENT z Ageadalteni Date _ 46 '13 Chapter 31 LANDSCAPING, SCREEN NG AND TREE PRESERVATION' Art. 1. In General, It 31.1-31.30 Are. If. Tree Preservation, 44 31.31-31.55 Art. M. Landscaping, Tree and Screening Requirements, if 31.56-3190 Art. IV. Illustrations, 94 31-91-31.100 ARTICLE I. IN GENERAL Sec. 31.1. Short title. ! This chapter shall be known and may be cited as the Denton Landscape Code. (Ord. No. 68104, § W01), 6.2188) i Sec. 31.2. Purpose. I The purpose of this chapter is to provide for the preservation of native trees within the city, to prevent the clearcutting of land and to pi ovide for minimum landscaping and screening requirements, in recognition that trees, landscaping and screening protect the health and welfare of the community by serving one (1) or more of the following purposes by providing for. (1) The preservation of larger native trees which provide avaluable amenity tothe urban environment and, once destroyed, can only be replaced after generations; (2) Shade, windbreaks and the cooling of air, thereby reducing the requirements for air conditioning and heating and the utilization of scarce energy sources; (3) The screening and buffering of residential areas from the noise, glare and visual effects or nonresidential uses and generally proviclrng breaks from the monotony of urbanized development on the land; (4) Open space, reducing the effects of soil erosion, the conservation of water and pro- viding for more efficient drainage of land, theteby reducing the need for additional drainage facilities. (Ord, No. 88.104, 111000). 8.2188) 'Cross references-Protected migratory bird roosts, 1) 6-88 et seq.; housing generally, Ch. 15; view and passage obstructions at intersections, 1 18-198 et seq.; grass and weeds I creating nuisances, f 20.71 et seq.; preparation or tree limbs and cuttings for solid waste removal, 4 24.11; streets, sidewalks and public places generally, Ch. 25; bulldings and building j regulations generally, Ch. 28; flood prevention and protection, Ch. 30; mobile homes, mobile home parks and recreational vehicles generally, Ch. 32; subdivision and land development generally, Ch. 34; zoning generally, Ch. 35. { 2159 1' ApendaNo 5 31.3 DENTON CODE (te_,~-=-9~ ` Sec. 31.3. Definitions, The following words, terms and phrases, when used in this chapter, shall have the mean. ings ascribed to them in this section, except where the context clearly indicates a different meaning: Department means the building official or his designated agents or the department, divi• sion or personnel otherwise designated by the city manager to administer or enforce any or all 1 of the provisions of this chapter. Distribution warehousing use means the primary use of property for handling commercial freight, with or without maintenance facilities, where goods are delivered and transferred from a truck or other form of transportation to a temporary storage area or to other trucks or other forms of transportation for commercial distribution. Dist ributionlwarehousing use shall not include the use of property for the rental of storage space to individuals for household goods " or other materi:ds for long-term storage, commonly known as "mini. warehouses. 4 Drip line means the periphery of the area underneath a tree which would be encompasses by the perpendicular lines dropped from the outermost edges of the crown of the tree. Grass means any of numerous grins species that will attain a thick green cover of turf over the available soil area. Ground cover means any woody or herbaceous plant that effectively shades out sod and that will not generally reach a height of over two (2) feet. Landscoped area means an area within the boundaries of properties which is devoted to and consists of trees, plant materiel, water forms and any planters, brick, stone, water forms, aggregate and other features used primarily for landscaping purposes, but not including the use of smooth concrete or asphalt. Manufacturing use means a use of property for the mechanical or chemical transformation of materials or substances into new products. Nonresidential use means any use of property other than for a one- or two-family dwelling, as defined by chapter 35 of this Code. Parking W means a parking lot as defined by chapter 31 of this Code. Parkway means the area lying between the street right-of-way line of any public street, which is not an alley, and the curbline of the street or, if there is no curbline, the shoulder of the street or, if there is no shoulder or curt, the traveled edge of the pavement of such street. Plan means the landscape site plan required to be submitted and approved in accordance with article 111 of this chapter. Plant list means the list of plant materials maintained by the parks and recreation de- partment and shown in attachment 2 of Ordinance No. 88-104 and adopted by reference and included in this chapter the same as if set out at length herein. 2160 LA`DSCAPI.\C, SCREF.NLVC AND TREE MSE Acendaltetrt-._~ ` Plant materials means living trees, shrubs, vines, grass, grourfeoYe[y J annuals, biennials and perennials. , Property means the real property included within the boundaries of any lot approved and recorded in the plat records of the county or an unplatted tract or parcel of land as described and recorded in the real property records of the county. Protected free means a living tree whose trunk is at least ten (10) inches in diameter, measured twelve 112) inches above the ground. Removal, as applied to protected trees, means the uprooting or severing ofthe main trunk of the tree or any or other act which causes or may reasonably be expected to cause the tree to die. Shrub means a woody perennial plant distinguisbed from a perennial herb by its persis• teat, woody stem and from a tree by a mature height of ress than fifteen (15) feet and having no distinctive elevated crown of foliage. Street yard means the area of a lot which lies between the street right-of-way line and the front wall building line, determined in accordance with the provisions of article III of this chapter. Tree means a selfsupported woody plant which usually produces one (1) main trunk and a more or less distinct and elevated head with many branches. I Line means a. woody or herbaceous plant of :he type which may climb by twining or which normally requires external support to reach its mature form. (Ord. No. 88.104,. 411102), 6-21-M Cross reference-Definitions an& rules of construction generally, 4 1.2. Sec. 31.4. Appeals: Any person aggrieved by the application or interpretation of any provision of this chapter, including the denial of any certificate or permit required in this chapter, may appeal the application, interpretation or dedsior. to the planning and toning commission by filing a written notice of such appeal with the department within ten (10) days of the action com• pinned of. The planning and toning oommresion sball affirm, uphold or modify the application interpretation or decision appealed from, based upon tbs, rovislons ofthis chapter, as ltdeems appropriate. The reason for its decision shall be reduced to writing or be read into the minutes of the commisalom (Ord. No. 88.104, 11(104), 6.21.88) Sec. 31.6. Fees. The city council may adopt a fee or fees, in the amount to be established by ordinance, to administer and enforce the provisions of this chapter. (Ord. No. 88,104, 1 11105), 6.2188) Secs. 31.6-31.30. Reserved. 2161 i Ape~de No U3 -D/.5 4 31.31 DENTON CODE AQ8ndaittxrL_Lj~2 Data ARTICLE It. TREE PRESERVATION f See. 3131. Permit for removal of protected trees; exceptions. It shall be unlawful for any person to remove or cause the removal of any protected tree from any property within the city without first securinga permit from the department, except as follows: (1) The protected tree to be removed is approved in accordance with the required land. scape site plan as provided for in article III of this chapter; 2) The protected tree is located on property upon which there is located a one- or two. family dwelling for which a final plat or replat has been approved and recorded in the j plat records of the county; i j 13) The protected tree is located within a street right-of-way or a utility easement re- quired as part of an approved final plat; i 41 The protected tree is located on property which, on the effective date of the ordinance from which this chapter is derived, is being lawfully used primarily for the business of mining or extracting natural resources, such as sand, gravel, clay or stone; I 15) The protected tree has sustained damage in the form or a broken trunk, broken limbs or uprooting, which creates an immediate hazard to life or property, and the removal is effected before the beginning of the fifth business day following the occurrence of the damage. In any case where the city suffers widespread storm damage, the depart- ment may extend the time period allowed for removal; f6) The protected tree is to be removed pursuant to Improvements constructed under the city's approved capital Improvement plan, provided the removal has been approved in accordance with this article; (7) The protected tree is to be removed In order to make improvements to property in accordance with an application for the building permit properly submitted prior to the effective date of the ordinance from which this chapter Is derived and the improve. ments are to be made In accordance with such permit being issued. (Ord. No, 88-104, 411200), 62188) See. 3132, Permit requirements and procedures. (a) Appfica&n. Any person required to obtain a permit to remove any protected tree shall submit a completed application to the department, along with a site plan, in the form and manner specified by the department, containing the following informstlon: 11) The sire of the property, the location of any existing buildings and the location of any proposed buildings or Improvements for which removal of a protected tree is being requested; 2162 i.ANDSCAPING, SCREENING AND TREE PRF,Si,R~':1I ti)N r 3 l8 31.32 (U~ 'r.~ i21 The location and the diameter, measured twelve (121 inches above ground level, of the q rt/~ ~'J protected tree to be removed and the reason why removal is necessary; l% 3) Such other information, as specified by the department, as maybe reasonably neces- sary to administer and enforce the provisions of this article. b) Issuance of permits. A permit authorizing removal may include one (1) or more pro. i tected trees on any one 111 property. Each permit shall automatically expire within one M year 1 of the date of issuance. The application for removal of a protected tree shall only be granted, as determined by the department, in accordance with the following: I1) Tree conditions. The application is for removal of a protected tree which is dying or so severely diseased or damaged that its restoration to sound tradition is not practi- cable, its disease can be expected to be transmitted to other trees and to endanger their health. it is a hazard to lire or property which cannot be reasonably mitigated without removal or removal is necessary to ensure the survival of other protected trees, 12) Trees not within street yards. Where the application is for removal of a protected tree on property used or to be used for multifamily or nonresidential use and the tree preservation and landscape site plan requirements of article III of this chapter do not apply, the application shall be granted if the protected tree is not located within the existing street yard, as determined in accordance with this chaptor. (3) Trees not within front, side and rear yards. Where the application is for removal of a protected tree located on property zoned for one- or two-family dwelling use and for which a final plat or replat has been approved, gut on which no dwelling exists, the application shall be granted if the protected tree is not located within any front, side or rear yard, as shown on the required site plat. (4) Conitruc,;o% repairs or improvements onproperty. Where the provisions of subsection (bHl), (b)(2) or (b)(3) of this section do not apply and the application for removal of a protected tree is requested in order to undertake any construction, repairs or make any Improvements to any property, the department abell grant the application for removal if it determines, after review of the plans for the proposed repairs, construc• tion or [mprovementa, that reasonable efforts have been made to avoid removal of the protected tree. In mrldng its determination c. whether reasonable efforts have been made, the department shall consider the following: a. The feasibility of using alternat a repair or construction methods or techniques; b. The feasibility of rerouting or relocating sewer, water, electric or gu lines or equipment, drainage facilities, sidewalks, driveways or other utilities, equipment or Improvements required or needed to serve any building or use located or to be located on the property or other property. Where strict compliance with the design standards, requirements or regulations of chapter 34 of this Code would prevent the rerouting or relocation of the improvements, the department may, upon approval of the development review committee, allow a modification of the 2163 E 131-32 DENTON CODE AgeAdallefr~_ ~,5 standard, requirement or regulation to allow preservation of the protected tree so /p 37 long as there would be no substantial adverse effect from such modification; and C c. The additional cost, if any, that would be incurred as a consequence of ensuring preservation of the protected tree. +Ord No. 88104, 4 L2011, 8.21.88) See. 31.33. Capital Improvement projects. All city capital improvement projects shall be designed and constructed so as to preserve protected trees to the degree that is reasonably possible. If the proposed project would result in the removal of any protected tree, the department responsible for the project shall, at or prior to the final design of the project, submit to the planning and zoning commission War. oration as to what protected trees would be removed a%a result of the project, If thecommissfon f determines that the proposed project would unnecessarily cause the removal of any protected tree, the information submitted to the commission, along with the commission's recommen• dAtlon thereon, shall be submitted to the city council for its approval. iOrd. No. 88.104, 3 U202), 6.21.88) I Secs. 3134-31.55. Reserved. ARTICLE III. LANDSCAPING, TREE AND SCREENING REQUIREMENTS id Sec. 31.56. Properties subject to requirements, exceptions. After the effective date of the ordinance from which this chapter is derived, everyproperty for which a building or parking lot permit is required to make any improvements to any property used or to be used for multifamily or nonresidential use shall comply with the requirements of this article, unless it meets one (1) of the following exceptions: (1) The building permit Issued Is for the repair or restoration of a building to its prior condition within twelve (12) months of the date it was damaged or destroyed by tire, explosion, wind, mood, tornado or other accident or weather phenomena; (2) The building permit issued is for the purpose of remodeling or expanding an exdeting building or the construction of one (1) or more additional buildings which does not result V the placement of any front wall building line Into the existing street yard; 131 The building permit issued is for a building located on property toned as a planned development district for which a landscape plan was approved with a detailed plan prior to the effective data of the ordinance from which this chapter is derived. Any request submitted for amendment of a detailed plan after the effective date which would result in any change to the approved landscape plan, shall require compliance with the provisions of this article; (4) An application for the building permit for property to which this article applies was properly submitted prior to the effective date of the ordinance from which this chapter 2164 [.ANDSCAPINO, SCREENING AND TREE PRESERVATI04jendnll6lL31•.57._,G-~ wit 1 ` is derived and the Improvements are to be made In accordance with such permit ' issued. (Ord. No. 88.104, 4 1(300), 6.21.88) Sec. 31.57, Determination, review and approval procedures. ' The following provisions and procedures shall apply to the determination, review and approval of the requirements of this article: (11 Determination ojslreel yard. For purposes of applying any provision or requirement of this chapter relating to street yards, the street yard shall be determined in accor• dance with the following provisions: a. The front wall building line of the street yard shall be determined by drawing a line along the front building wall of each building on the lot facing or fronting the street right-of-way line and, where there Is more than one (1) building on the lot, by extending the line in a straight line between the outermost comers of each front building wall line of each building and then extending the line from the outermost corners of the front building wall line of each building nearest the side lot lines, parallel to the street right-of-way line, to the side lot lines of the prop. erty as depicted in illustration No. 6 in section 31.97. b. The front wall building line shall not include porches and steps and those por- tions of any sign, root, window and other projections from the front building wall which extend beyond the building well, as located at ground level. c. The street right-of-way line to be used in determining the street yard sb&U be the right-of-way line along all public streets that are not alleys. Where any property is approved with a private street, the streetyard of each lot fronting thereon shall be determined by using the curbline of the private street as the right of way line. d. The street yard shall apply to each separately platted lot or each portion of each lot which Is leased for a business contained in a separate building. e. Where property is developed with more than one (1) building such that one (1) or more smaller Isolated buildings are placed between the street right-of-way line and one (1) or more other larger buildings located on the property, the streetyard shall be determined by the front wall building line drawn along the front wall of the building which has the most linear feet of front wall facing the street right. of-way line as depicted in Illustration No. 7 in section 31.98. f, Where a property is used solely as a commercial or private parking lot, the street yard shall include the whole property. g. Where any property on one (l) lot is to be developed In phases so that only a portion of the determined street yard ]e to be eyed, such as parking Lou for the current phase, the department may define or limit the street yard to the area being currently developed or used. h. In calculating the area contained within the street yard for purposes of deter. mining the tree and landscaping requirements of this article, the area occupied by buildings shall not be counted as the area within the street yard 2166 ~Qrda No _2L 0 31.57 DENTON CODE AQeadaltel>:. ,C~' `x S7 +21 Common or phased development. When any property is developed in phases or is a common or united development including more than one (l) platted lot, the depart- ment may apply the requirements of this article to each phase of the development or to all the lots being developed in common as though they were one (1) lot or otherwise apply the requirements as is reasonably necessary to carry out the purpose and intent or this article. (3) Landscape site plan required. The owner of any property to which this article applies shall submit a landscaping site plan to the department in the form and manner specified by the department prior to the issuance of a buildingpermit for any building on the property or prior to the Issuance of a parking lot/driveway permit for any parking lot to which this article applies. The plan shall contain sufficient detail, as 4 specified by the department, to show the followingr, a. The location of all existingor proposed buildings which define the streetyard and the square footage included within the defined street yard; b. flow the tree requirements for the street yard are to be met, Including the number, size and location of all protected trees which are located within the street yard, those which are to be removed and those which will remain; c. How the requirements of landscaping of twenty (20) percent of the street yard are to be met, including the location and size of all areas In the street yard that are to be permanently landscaped; d, When the internal landscaping requirements for parking lots apply or the re- quirement of perimeter screening of perking lots applies, the sire and location of the parking lot, the number of parking spaces and how the requirements for screening are to be met; e. When the property is required to provide screening for abutting residential uses, how the requirements are to be met; f. When the property is required to provide screening for waste storage containers to be used on the property, how the requirements are to be met; g, Such other information, as specified by the department, as may be reasonably necessary to administer and enforce the provisions of this article. (41 Review and approval ofplan. When properly submitted, the department shall send the plan to the development review committee for Its review and approval, The committee shall return the plan to the department noting thereon its approval or disapproval. If disapproved, the committee shall specify the reasons why the plan does not comply with the provisions of this article. (5) Aller;tathe pion approval. Upon the request of any owner of property to which this article applies, the planning and zoning commission may approve an alternative plan which is not in strict compliance with the requirements of this article, if the commis- sion finds that such alternative plan meets the purpose and intent of the require- ments of this article ar,d the alternative landscape plan Is clearly superior to a plan that would be in strict compliance with this article. In making the determination, the 2166 LANDSCAPING, SCREENING AND TREE PRESERV1jkT[Ot% l_,.,,__ i 31 Sg 1 commission may consider the topography, sha pe, size or other natural features of the properly; the suitability of any alternative screening or buffering proposals; and other milar factors. 61 Conflicts with city development standards. In any case where compliance with the design standards, requirements or regulations of chapter 34 of this Code would result in a condition that would require removal of a protected tree, the development review committee may allow a modification of the standard, requirement or regulation to allow preservation of the protected tree so long as there would be no substantial adverse effect from such modification. (7) Amendment of plan. No owner of property to which theprovisions of this article apply and for which a plan has been approved for the property shall allow or cause any construction or improvements to be made on the property which would result in the property not being in compliance with the approved plan after the construction or improvements are completed, unless and until an application for amendment of the approved plan is submitted and approved In accordance with the provisions applicable to initial plans. No application for an amended plan that does not comply with the requirements of this article shall be approved, (Ord. No. 88.104, 4 I1310), 6.21.88) Sec. 31.58. Compliance requirements, W Generally. When the landscape site plan has been approved, it shall be retained on file with the department. No certificate of occupancy shall be Issued for any building until and unless the tree, landscaping and screening requirements, as shown on the approved plan, and other requirements of this article not required to be shown on the approved plan are met. Where the provisions of this article apply to the construction or expansion of a parking lot on property where no construction or modifications of any building occurs that would require the Issuance of a certificate of occupancy, the owner of the property on which the parking lot was constructed shall not make use or allow the use of the parking lot until all requirements of this article are met. (b) Plant materials. Any plant materials used to meet. the landscape requirements of this article shall be of the species contained on the plant list. The parks and recreation department, however, may approve the use of other plant materials not shown on the plant list if it Is satisfied thatthey are suitable for the climate and conditions of this area. Required landscaped areas may make use of brick, stone, aggregate or other Inorganic material, If not predominate over the use of organic plant material. (c) Extension of time for compliance. When, because of adverse seasonal conditions, com- pliance with all or part of the approved plan would be impractical, the department may issue one (1) or more temporary certificates of occupancy, not to exceed a total crone hundred eighty (180) days, to allow compliance with the plan. (Ord. No. 88.101, 6 1(311), 6.21.68) 2167 4 31.59 DENTON CODE AQendaltert~_Lr_✓` mg S-//- Sec. 31.59. Street yards-Landscape requirements, 'at Area requirement. The street yard shall contain a permanently landscaped area of at least twenty f20) percent of the total area within the street yard, as depicted in illustration No, 1 in section 31.92 and illustration No. 2 In section 31.93, except as follows; 11) Manufacturing and distributionhonrehousing uses. When a building permit issued is for any building to be used for a manufacturing or distribution/warehousing use located on property which does not have frontage upon an arterial street, the street and shall contain a permanently landscaped area of at least ten (10) percent of the total area within the street yard. 12) lmprouement of existing uses. When abuilding permit issued is for the expansion of an existing building into the existing front yard or a parking lot permit issued Is for the construction ora new parking lot or the expansion of an existing parking lot into the existing street yard on properly which has an existing building or parking lot, the streetyard shall contain a permanently landscaped area which is at least equal to the area calculated as follows: The total area of the building or parking lot to be located within the existing front yard, divided by the total area in the existing street yard, and the result multiplied by twenty (20) percent. (b) Credits. tl) Each square foot of permanently maintained permeable area within the drip line of a protected tree located within the etreet yard shall count as one and five-tenths 11.31 square feet of required street yard landscaped area. Overlapping drip lines of pro• tected trees shall only be counted once toward the required street yard landscaped areas. (2) All landscaping in the permanent parkway installed by the applicant shall be cred• itod toward the street yard landscaping area requirements. (c) Water supply. Exterior water supply outlets, sufficient in number and location, sbaN be provided rot maintenance of the required trees and landscaped areas. (Ord. No. 68104, 11001), 621.88) See. 31.60, Same-Tyree requirements. la) Number required. The street yard of each lot shall contrin trees of a minimum of two (2) inches in diameter measured at ground level In the following ratloe: (1) For street yards lees than one hundred ten thousand 1110,000) square feet, one (1) tree per two thousand five hundred (2,600) square feet or fraction thereof of street yard; (2) For street yards equal to or over one hundred ten thousand (110,000) square feet, fifty (50) trees plus one (1) tree per five thousand (5,000) square feet or fraction thereof of street yard; 2168 1,MNDSCAPING, SCREENING AND TREE PRESERVATidorr~do No 0.31.81 l l b i PresertWion of protected frees. The number of trees required in the Mk ysrd~ahsll ba - 3I met, whenever possible, by the preservation of esistfng protected trees, if any, located withln/4~ the street yard. Where parking lots are to be constructed to serve any development, the development shali be designed, where possible, to avoid locating any parking lot or portion thereof in a street yard if such locating would result in the removal of any protected tree that is necessary to meet the number of trees required for the street yard. The landscape site plan required by this article, which shows removal ofany such protected tree from the street yard, shaft only be approved as follows: it, The removal would leave sufficient number of other protected trees within the street yard to meet the tree requirements of this article; or 12 Where the protected tree to be removed would otherwise be necessary to meet the number required for the street yard and removal is requested for the purpose of constructing any sewer, water, electric or gas lines or equipment, drainage fa:ilitlfi, sidewalks, driveways, parking lotsor other utilities, facilities or improvements within the street yard to serve the property, the department may approve the plan, if it determines reasonable efforts have been made to avoid removal of the protected tree. In determining whether reasonable efforts have been made, the department shall consider the following: a. The feasibility of rerouting or relocating any of the improvements that requires the removal, including the relocation of any parking lot or portion thereof where sufficient land is available; and b. The additional cost, if any, that would be incurred in ensuring preservation of the protected tree. (c) Tree credits. Any protected tree located within the street yard and which is preserved as shown on the approved landscape plan shall count as two (2) trees toward the number of required trees, if it is healthy and without substantial damage or defect. (d) Permeable areas. So as to ensure the viability of the required trees in the street yard, a permeable area shall be maintained around each tree. For protected trees, a permeable area encompassing the area within the drip line of the tree shall be maintalned. For newly planted trees, the required permeable area shall be in else as specified in the plant list, based on the sires and species of trees planted. A "permeable area" shall mean an area that is not covered with asphalt or concrete or other similar impervious material, es(ept for landscaping mate slats as approved by the department. Ord. No. 8&104, 0 11302), 8.21.0 Sec. 31.81, Parking lots-Landscape requirements. (a) Street yard parking lofe. Landscaping requirements for street yard parking lots shall be as follows: (1) General. Any parking lot or portion thereof which to conatrucled within a street yard and which is to contain more than twenty (20) parking spaces shall provide perma- 2189 6 3161 DENTON CODE Agenda llenL Dale nently landscaped areas consisting of islands, peninsulas or medians within the in. AG terior of the lot which in total area are equal to or greater than five (5) percent of the total area of the parking lot or portion thereof located within the street yard. ,2~ .tfanufacturing and dislributioniwanehousing uses. For properties to be used for man. { ufacturing and distributionlwarehousir.g uses, the landscaping area requirements for street yard parking lots shall be determined by including only the total area within the parking spaces, parkirg aisles and travel lanes of the parking lot which are designed for the exclusive use of customers or employees. ib) Other parking lots. Landscape requirements for other parking lots shall be as follows: (11 General. Any parking lot or portion thereof which is constructed other than in a street yard and which has more than twenty (20) parking spaces shell provide landscaped areas consisting of islands, peninsulas or medians equal to or greater than four (4) percent of the total area of the parking lot. +21 Manufacturing and distribution/warehousing user. For properties to be used for man. ufacturing and distribution/warehousing uses, the landscapingarea requirements for parking lots not located within the street yard shall be determined by including only the total area within the parking spaces, parking alsles and travel lanes of the parking lot which are designed for the exclusive use of customers or employees. (c) Credits. The required landscaped area for street yard parking lots provided for in this section shall be credited toward the required streetyard landscaping area requirements of this article, except that the required street yard parking lot landscaping for manurMuring and distribution/warehousing uses that do not have frontage on an arterial street shall not be so credited. (d) Distribution of landscaped areas. The required landscaped areas for parking lots shall be more or less evenly distributed throughout the parking lot, although adjustments may be approved by the department, where the shape or mile of the parking lot, the location of existing trees or other natural constraints reasonably prevent such distribution. (Ord. No. 88.104, 11 1(3031, 621.88) Cross reference-Zoning requirements for off-street parking and loading, 135-301 et seq. See. 31.82. Sarre-Screeuing. (a) Perimeter requirements. The perimeter of each parking lot, excluding driveways, which fronts upoi or is adjacent to a public street other than a public alley ehal be provided with a visual screen of a Minimum height of three (3) feet measured from the surface of the parking lot perimeter. (b) Screening materials. The required visual screen shall oonsist of one (1) or more of the following. (1) An earthen berm with a slope not exceeding one (1) foot in height for each three (3) feet in width, planted and maintained with grass or ground cover as depicted in illustration No. 3 in section 3144; 2170 i LANDSCAPING, SCREENING AND TREE PR£SERVATJ90,daltem 4 3L"-&,~ L1<:te__~-~~~ R 2) A solid stone or masonry fence used in conjunction with plant materials, as approved by the department as depicted in illustration No. 4 in section 31.95; / 3 Plants which are of a species specified in the plant list recommended for local use and which would be expected to provide a screen of the required height within three (3) I years of planting. The plant material must be located within a planting bed which is at least five (5) feet in width. The minimum plant material shall include one (1) tree at least two (2) inches in diameter measured twelve (12) inches above ground level selected from the approved plant list for every fifty (50) linear feet of street frontage, four (4) evergreen shrubs per tree and turf grasses, as depicted in illustration No. 5 in section 31.96. I I fc) Credits. Where the required perimeter screening is to be provided solely by plants, the I required area of the planting bed which is located within the street yard shall be credited toward the required landscaping area for the street yard, if any, except that where property is used <olely as a parking lot, no credit shall be given for the screening requirements of this section. (Ord. No. 88104, ¢ P,304), 6.21.88) Sec. 31.63. Screening of abutting residential uses. (a) Requirements. In order to preserve and protect the use and enjoyment of existing residential uses, the owner of property to which this article applies shall construct a screen of a minimum of six (6) feet in height, measured from ground level, along the entire property line of any abutting residential use. The required visual screen shall be of materials or plants as provided for in the required screening for the perimeter of parking lots or a wood fence which is used in conjunction with plant materials, as approved by the department. (b) Waivers and modi/irations. The planning and zoningcommimlon may, upon the written request of any owner to which this section applies and a_iter a public hearing for which abutting residential occupants shall be given written notice, waive or modify In whole or in part the required screening it all or part of the required screening is clearly not necessary to protect or preserve the enjoyment and use of the abutting residential property ae currently used or designed to be used. In making the determination, the commission may consider the compatibility of the uses of the abutting properties; the distance and locations of the adjoining uses; the topography, shape, sire or natural features of the adjoining properties; the sultabwty of any alternative screening or buttering proposals; and other similar factors. 1Ord. No, 88.104, 41005), 821.88) Sec, 31.64. Screening of waste storage containers. Any property to which this article applies which will make use of any commercial or industrial waste storage containers for the disposal and removal of garbage or trash on the property and which are visible from a public or private street shall construct and thereafter maintain a permanent screen or & minimum height of six (6) feet on three (3) sides of the waste 2171 i ~I 4 31-64 agenda No 2,~:1'~J DENTON CODE Agenda 11m wte container. The required screen shall consist Of & wood, stone or masonry fence or shrubs the 3 7 will reach the required height within three (3) years of planting or a combination thereof. Ord N:. 88.104, 4 P306), 621.881 Cross reference-Solid waste generally, Ch. 24. Sec. 31.63. Landscaping and use of public parkways and easements. The following regulations shall apply to all public parkways and public easements on or abutting any property to which this article applies: (1) The owner of property abutting upon a parkway shall landscape and maintain the abutting parkway with grass or ground cover or a combination thereof Parkways or public easements may be planted with trees and shrubs if. a. They are not located so as to interfere with the use, maintenance or repair of any natural or manmade drainage facilities, public water or sewer lines or other public utilities or facilities; b. They are not located within five (5) feet of an electrical utility pole and will not reach a mature height which will pass within eight (8) feet of an electric trans. mission or distribution line; and c. They are not located so as to create a view obstruction for vehicular traffic in violation of any city ordinance. (2) All land" in in the t P g permanent parkway shall be credited toward the street yard landscaping requirements. (3) No sprinkler or lighting system, planters, dividers, fences, decorative columns, Cur. lures, equipment or similar materials used as or for the maintenance of landscaped parkways shall be placed within any parkway or public easement abutting a public street under the control of the city, except upon written Agreement between the city and the property owner abutting the parkway. (Ord. No. 8&104, 4 1(307), 6.21.68) Sec. 31.88. Traffic barriers, All landscaped areas, including the permeable areas and drip lines around trees and planting beds used for visual screens, ► ~Jch abut any Parking lot or vehicular travel area shall be protected with curbs, parking bl.,ckj or stmilar barriers sufllclent to protect them from vehicular intrusion. (Ord. No, 8&104, 4 1(348), 6.21.86) Cross reference:-Motor vehicles and traMe generally, Ch. 18. See. 31.67, View obstruellons. All landscaping, trees and screening devices required by this article shall be constructed, I installed and maintained so as not to obstruct the view of motorists between the street and the 2172 LANDSCAPING, SCREENING AND TREE PRESERVAT"daND 3L91 _ AQdd3)fem 1 4 3l•91 [L5 5 We - 3 ` access drives and parking aisles near the street yard entries and exits, nor shall any land.,r~7 scaping which creates an obstruction of view be located in the radius of any curb return, l/ (Ord. No, 88.104, 4 P309), 6.21.88) Cross reference-View and passage obstructions generally, 0 18.196 et seq. Sec, 3168. Maintenance requirements, (a) After complying with the requirements of this article, the owner and each successive owner of the property to which this article applies shall maintain the required trees, land. scaped areas and screening devices in good condition and shall otherwise maintain the prop. erty so as to comply with any other requirement of this article. ib) Where any owner of property to which this article applies fails to reasonably maintain the required trees, landscaping or screeningdevioes or maintain the property so as to comply with any requirement of this article, the department may issue a written notice and order to the owner requiring the owner to replace any dead or dying trees or landscape plant materials that were required by the plan or this article, repair or replace any manmade screening fence required by this article which Is destroyed, removed or becomes dilapidated or in disrepair or require any other action otherwise necessary to abato or correct any condition to meet the requirements of this article, fc) Within ninety (90) days of issuance of the notice and order, the owner shall comply therewith. The department may grant an extension of time beyond the required ninety-day period for the replacement of required plant material where seasonal or adverse weather conditions make replanting or replacement within such period of time Impractical. (Ord. No. 88.104, f 1(312), 6.21.88) Secs. 31,69-31.90. Reserved. ARTICLE M IUUSTRATIONS See, 31.91. Intent. The illustrations In this article are Intended to show In pictorial form the requirements of this chapter. When necessary, the adopted illustrations shall also be used in conjunction with the written text to interpret or apply any provision or requirement of this chapter, {Ord. No. 88.104, 11(103). 6.21.88) 2173 ~QandeNo 4 31.92 DENTON CODE ApendaItem,_. Y. +]nte__oz_ _-D~ See. 31.92. Dtuatration No, 1. Illustration No. 1 or street yazd area requirements shall be as rollows: o BACK LINE i w BLDG. If II + STREET YARD t ! f ..f l STREET R.O.W, LINE (Ord, No. 88.104, attachment 1, illustration No. 1, 6.21.88) 2174 ~4pt>RtSa N~ .3 i~ LANDSCAPING, S(REENINO AND TREE PRESERVA?4W311MA 31.93 CG'.~ .*r Qtfe.~~/ - ~ 3 Sec. 31.93. Illustration No. 2, Illustration No. 2 of typical elevations shall be as follows: AT LEAST 20% OF THE AREA OF THE STREET YARD SHALL BE LANDSCAPED. TYPICAL ELEVATION (Ord. No. 88.104, attachment 1, Illustretion No. 2, 6.21.88) 2175 No* No 131-94 LENTON CODE Agandeltert!_ Sec. 31.94. Illualration No, 3, Illustration No. 3 of earthen berm landscaping shall be as follows: 1 ale ~w.+ i NMI EARTHEN BERM WITH 3:1 SLOPE RATIO PLANTED AND MAINTAINED WITH GRASS OR GROUND COVER. (Ord. No. 88.104, attachment I, illustration No. 3, 6-21.88) 2116 LANDSCAPING, SCREENING AND TREE PRESERVATION 4 31.95 Sec, 3193. Illustration No, 4. Illustration No. 4 of solid atone or masonry fences shall be as follow: te SOLID STONE OR hIASONRY FENCE. J (Ord. No. 88.104, attachment 1, Illustration No, 4, 6-21.88) 2177 Awds No 0 31-96 DENTON CODE Agendaitelrl 42 h # Sec. 31.88. Illusiration No. S. J7 Illustration No, 5 or evergreen hedges in planting beds shall be as follows: D r I I I EVERGREEN HEDGE IN PLANTING BED. (ord. No. 8&101, attachment 1, illustration No. 6, 6.21-88) 2178 i I LANDSCAPING, SCREENING AND TREE PRESERVATION 131-97 Agenda No Sec. 31.97. Illustration No. 8. Agenda Illustration No, 6 for determining a street yard shell be as follows; [)tt)e BACK LINF. BLDG. BLDO. BLDG. 00 0 STREET YARD 01- STREET &O.W. LINE (Ord, No, 88.104, attachment 1,11lustration No. 6, 6-21.88) 2179 s. VAN No ¢ 3198 DENTON CODE Apendalte~r~Cc~z~__. ante :11:1 . See. 31.98, Illustration No. 7, Tl Illustration No. 7 for detcrmining a street yard shall be as follows; BACK LINE F BLDG. S'PREET YARA/ ISOLATED OS BLDG, 00 00, STREET R.O.W. LINE (Ord. No. 88.104, attachment 1, Illustration No. 7, e-21-88) j I 9180 J LANDSCAPING, SCREENING AND TREE PRESERVATION 131-99 lVdsNo sec. 31.99. nlustrstion No. S. Agenda Rem ~ Illustration No. 8 for determining a street yard shall be as follows; Odltl BACK LINE r III .i 1 4 4', BLDO. , LDO i I TREET ARD STREET R.O.W. LINE I (Ord, No. 88.104, attachment 1, illustration No. 8, 8.91.88) 2181 i roen4aNo _ lelrZ~t.~!,S 131-100 DENTON CODE Aged a I olle Sec, 91100, Illustration No, 9. 5^!y 7 illustration No, 9 for determining a street yard shall be as follows: SIDE LINE i IILD4. t' BLDG ei Alf STREET YARD STREET R.O.W, LINE (Ord, No. 88.104, altschment 1, illustration No. 9, 6-21.88) 2182 1 Awda No LANDSCAPING, SCREENING AND TREE PRESERVATIOklandP4731-101-`~ Sec, 31.101, Illualrallon No. 10. ~:1 ft f 3 f INustratlon No. 10 for determining a street yard shall be as follows; STREET R.O.W. LINE STREET YARD 0or 00 00 00 i BLDG, D DG BLDG. BLDG, STREET RO,W, LINE (Ord. No, 88.104, attachment 1, illustration No, 10, 6}21.88) 2183 (The next page Is 22231 { ATTAOKMT : lterr> PLANT LIST Agenda Da to :Z/ J;7 TREE. Renee !n Range in Mature Roof MIMI" 0otanfegl Nye la) Cmmon N~a Mature Spread Area Medlar ki I Ine I Lowe y" C+rya Ifllnoensis Pau" 30100 Grchs - tanufensfs,var. 30-100 9W is, texansls (106) Texas Rsdbud 150 Ch(lopsls ilnearis (12)) Doman VlIlow 12-30 IN 12, Cotinus copgyrl• (108) Smoke Tree f0-20 6-12 36 60 UaeIdvous m9noIIa 12-18 IL 12 100 Mepnoll♦ soul 10, C1edlfsla trleunthos enpeana Inermis (80) Thornless 2loneylocusf 10-71 Ilex romitoris (41) yaupoe No IIy !-7! 70 0 675 12' Japanese msple Aar Palmatun atropu 6-15 36 6, JunfPerus chlnensfs (9) Chinese Juniper rpurwn Junlperus soopularum (18) Rocky W. Juniper 10.3 16-- 20 100 10, JunlPerus vlrglnfena (16) Eastern Red Cedr 1S-~ 12 36 20-10 6, laperatroemla Indlu (I22) Crape Myrtf• 6-20 10-30 100 Ip, Maclura Pomlfers var. 5-10 25 It 'Park' (95) frulflas Bois d' Are 30-60 Platlmla serrulats (50) Chine PAotfnia 10-20 75 --15 620 17' 64 Plnus 41darica (24) Afghan Plrv 20-10 5 0 25 as Pisteo2a ehfnensls (102) Chinese Pistoem I-30 ?25 101 Popufus doltoldes (T)) Co(tonwood (Cottonlus) 60-2 2-120 20-40 4Q~ 10' P041 W. haw holly Ilex dseldus 23 10 d0 904 15, Poet ak Yuereus 214woldes Minus ceraslfsrs (104) PurPIO leafed Plus Pruaus frxlana Mulun Pfue 13-23 10-12 100 10' Pyrus Calleryana (99) % XIC&A Pear 13-25 10-15 100 10, Bradford Querous fusif"Is (41) Esur 3040 15 273 ~ 10' pnrnf Llw Oak 730 1040 60 Qwreus meerourpe (90) But pek 220 10, SO-TS Quereus shuserdll (9)) SAueerd Oak 60-100 30-13 900 is, Querns hs(ma Taxes Oak 25 10 30-0 900 Is, Rhus lanceolate (139) flamalaaf Sup" 20-15 20-30 400 10' Sepindws drumrondl (109) Sovbwry 5-10 25 51 Swevtpum Llqulde*er styraelflue 23 4B 20J0 400 10' Taxod)urm dlsflehum (69) Bald Cypress Texas "MAfaln laurel !-'W 23-50 62! I2' SoP'e serwndllfora Texas persinmon Twos red Oak O lexena Ulmus Crassifollm q)) Ceweftus t rUE texana Ulmus Cedar Elm 40-70 perrifofl• (TT) laabark rk Elm 900 210 vifw apnus-casfus (141) Vffw "-60 900 is, 5-19 5-10 25 p I Pepe NOW' from "Trees, Shrubs, Vines and 0roundcovers for North Cenfral Twos" by M. L. Baker, Texas Agrievltvrel ExMnslon Servfa, Texas A&M University Systens+, April 1981. ti A!lacMant 2 Plant List Pop Z Apen~aNeai_- : nale ¢foundoovar's and VIM t 37 `•r Asian Jasmine - Trocholosper" aslatlcum Carolina Jassanine - falseralun serpervirens Coral honeysuckle - Lonicer• SwcF rvlrens English Ivy - Hedera Helix I Lady Banks Is - Rost bankslao Mondo grass - Ophiopapon Japoolcum Monkey grass - Liriope nvrscarl Purple honeysuckle - Lonicers Japonica chinesis Purple winterereepor - Euonymous eoloratus ' Ssdurs - many species Virginia creeper - Parthenoclssus qulnquafolla £hr~ ~ Barberry - Berberls atropurpursa Burford holly - Ilex cornute burfoedl Cleyers - Cleyera Japonica Cotonessfer Cotonsaster glaueophylIs Dwarf Buford holly - Ilex cornets burfordi name Doorf Chi rase holly - Ilex cornuts rotunda Dwarf Yaupon holly - Ilex vomitorla nano Dwarf crepe myrtle - Lagarstroardla Indles Dwarf nandlns - Undins dorrrrsties nano Indlan hawthorn - Raphlolepslo India Janlpar - rany species teetherlsof mahonls - mahonio bsalai Nandlna - Mandlna dcomstica oampacla Wallis R. Stevens Holly - Ilea Melll• R. Stevens Phofinla - Motlnia fraseel Red yvooa - "Opera 166 parvlf lots Santollna - Chanvwcyparlssus and vlrens Sllverberry - Elaeagnus Softieal VWc4 - VuOCS pendula Texas sage - Leucophylim feut"ooms oonpacto 1 2g2Ag 1 AvidaNo V1,~=fZL~- Awd0ent AT4ACNMENT 3 PROTECTED TREE REMOVAL Current Provisions ~'N$T MO DECIDES CRITERIA r Landscape Plan with Council Section 35-112. a Specific Use Permit "Not injurious","compatible", "sufficient". Landscape Plan with Council Section 35-136. PD Detailed Plan or P&Z "Preserves trees", "clearly superior". Building Permit Staff, Section 31-32(b). "Reasonable efforts have been made to avoid removal". Tree Removal prior Staff Section 31-32. to Building Permit City with Capital P&Z, if P&Z Section 31-33. Improvement Project recommends "Preserve protected treee,to the denial, Council degree that is reasonably decides. possible." Alternative Landscape P&Z Section 31-57(5). Plan "Clearly superior". Appeal of Staff P&Z Any applicable provision of Chapter 310 to be "reduced to writing". i A000W Currently Owen Yost, ASLA, sometimes with Frank Robbins. The ordinance allows the City Manager to designate the authority. I Agenda ltertt_!~' _ SOME PRO AND CON CONSIDERATION 1. Any additional "aggressiveness" or more strict standards wi 1y save more valuable and prized trees and create new site plan- ning difficulties and potentially time delays and additional expense for builders and developers. 2. Review of tree removal by a public body rather than staff at building permit time could add two to three weeks to the building permit process, 3. If differentiation is made by tree species rather than simply based on size, builders and developers will need to acquire additional expertise. I 4. Tree replacement required for protected trees that are killed due to poor construction techniques or poor maintenance may be contested. Due process appeal may become an important part of this process. Tree replacement might be added into the court judgement process, rather than or in addition to ordinance enforcement by the administration staff, 5. More protected trees are jeopardized by single family develop- ment than any other type of development. Treed areas are preferable home sites. Single family developers will probably oppose more street controls. 6. If council wants a change, our traditional approach would be for council to note the issues and forward the issues to P&Z for consideration. WNW Agenda 1WU-LZ-1 Date _^,L~ ATTACHMENT 4 OPTIONS FOR CHANGE TREE PRESERVATION Administrative. 1. Provide direction to staff by: a. consensust b. motion; or c. resolution to "be more aggressive,, in preserving protected trees. 2. Require written documentation substantiating "reasonable efforts" to save protected tree. Ordinance Amendments. 1. Require by ordinance documentation substantiating "reasonable efforts". 2. Provide a naw category of trees for which additional protection would be provided with more difficult to remove criteria, based on: a. size of treat and/or b. size of tree by species. 3. Require approval of the new category of trees with additional protection by P62, rather than staffs a. with now criterial or b, with no new crlteria. 4. Provide for individual trees; to be designated landmarks whose removal would have to b9 approvcd by HLC, or PS2, or both, appeal to Council. 5. Require additional trees to be added to required trees for building landscaping fors a. all protected trees removedt or PAGE 1 tpendaNo Agendalteot - oete_-L~.3 7 b. for trees in a certain category by si;:e and/or species, at a given rate, say one additional tree for every five (5) inches of diameter of protected tree removed and/or by replacement species type. 6. Require tree replacement at a given rate when a protected tree, that was supposed to be saved, dies due to failure to adequate- ly protect during construction or maintain after construction. 7. Add more protection to trees not in a street yard. r 8. Add protection for certain prized, smaller, ornamental trees, such as redbuds. 4. Add protection for "stands" of specific trees. 10. Add specifications for protected tree preservation during construction. 11. Add design specification for trees that would be protected. 12. Add specifications for protected tree maintenance. Procedural. 1. Council gives no direction to change. 2. Hold a public hearing. 3. Take testimony at a "Town Meeting". 4, a) Council or b) Staff forms a Task Force to report to 1) Council and/or 2) P&Z made up of interested individuals and groups and experts, for instance the Tree Board, P&Z, Council- members, Pomebuilders, contractors, real estate interests, neighborhood organizations, the local Sierra Club, local nurserymen and landscape architects, the KDB and the Chamber of Commerce. 5. Refer to the P&Z, who at its option could form a citizen review task force, or a sub-committee, and hold public hearing(s). ra MOO PACE 2 ApesltlaNo 1~_Llz ~ AyenQallefrL ~U~ ATTACI:MENT 5 Oal9 { 37 MINIMUM ADMINISTERED "SPECIAL" CI Y PROTECEED CLASS OF NO'T'ES SIZE BY... TREE? 11 Benton 10' at 1' Staff; Urban Planner/ No Three removal criteria, Landscape Architect No replacement provision Austin lie' at 414' Starr: Dept. of allistoric Overlay districts in some areas FnAronment r Southlake B" at 4'A' Staff: Landscape Yet: draft only Administrator "ornamentats" Addison Bedford 3"014' Staff: Bldg. lnspcctfon !o emphasims replacement trm Arlington 10 - IS" at 414' Stafr No draft only Coneyville Euless N/A Tree Board NO Public trm only }lower Mound 6" at 4'S' Staff: Bldg. Inspection No newly enacted Cariand Crape4m lewlavBle g" at 41A' Staff: Community possible draft only Development Mclanney Plano all trots Staff: Planning No geared toward replacement V UP { endaNa 3 - /.5__ Comparison of Tree Agenda rt-L,i Preservatlonte_ Ordinances -~~a J7 Overview ¢ AdopetdlOraK Ordinance p 0 A A A U A - Ls h (number o! pages) ZS 19 3 IN ~ 13 6(1~ Freestanding Ordinance N Y N N N Y Y Administrator Plan Dtr al. Plan Dir Pian Dlr I. Plan Dir Arboriet Appeal Dxlslonto Paz Pd,2 Pd2 -Pa-2BC P62 PaZ- Applicability I bro Propirty Y_ Y N Y N V y R.O.WdEll"his N Y N Y -Y N y- Fxmlr-g Commercial Development N N Y Y N Y Y PrOpowd CommercW Development Y Y Y Y Y Y Y Existing Single Faml"issldentlat N N N N N_ N Y 'PropaedSingle FamllytiRnid•rnkl N V Y N V Y Y Nunarl•slAprk:ununl Land Y N N V N Y N tltil COmpsnla N Y Y Y N J Y Y Disota•d Trees (Fxempttd) Y J Y Y Y(2) N Y(3) Y Permit Process P•rma R•quG•d to Remove Trot Y qN V r_1YY_ Y E5F Y Permit Approved By Plan Dir Plen Dir 6 I !FY bl Sae PAWIat to be Submitted Y Y YBuilding Permit Waheld UntU Appoval Y J N Y N Mit1gatlorVRsp1ac9mont Prolede0referred Tr•e usl Y Y+ F qN N Y(s) N Y dtoled Tree Diameter V bp. N N N N Y Y MpleameM Trot R•qulrad Y Y N N Y Y Construction Sites Bark Profeoi Y_ MY N Y Y Flagging puUad Y Y V Y Y N ffN Fencing Required Y N N ! Y y Other Sements HWOrWrophy Trots Prolsot•d Y N N N N Y Y Trw urvey Prior to +dtnance AdOPlton Y N N' N N N N sA Ar 'dkipe ro aeol Requlr N M N_ M N N V 0 Ar4 raliinoM 37 413 4 - Y~ Y Y Y V Y Y Tree ocolbn C&A r u• llding Flacemoril Y N N_ N Y ` Y Y Notes' (1) • Significant portions of Austin document are conialntd Im a saparsU r dWUmsnl to which the ordinance makes re/erance. This le done to facaltats revision to the stenduds wnhoU amendirq the Ordinance (2) • At Planning Dirsoor Discr•siom (3) - Sublet, to approval 4 Dinedor of Devefopmerd Source! • Lendscepe Adminlelrator (P%6AMing t>i(ector ot Building Wider) City of A r l i n g t o n ;31-Bedford plo rldos a list of undotirablo Irees (6), Clrournfermte TREE BC • Bulk 0200 mmGeeion 5!5/9; 1 1 M • l r { • Mf O 0 b MITI, AQetbaltsm DOTE: May 11, 1993 7 CITY COUNCIL REPORT TO: Mayor and Members of the City Co:ncil FROM: Lloyd V. Harrell, City Manager SUBJECT: HOLD A DISCUSSION ON THE DRAFT ANNEXATION POLICY PLAN AND GIVE DIRECTION TO STAFF. RECOMMENDATION: The Planning and Zoning Commi3sion recommends adoption. (4 - 0) SUMMARY: The Annexation Policy Plan is intended to provide a procedural and analytical framework to guide informed decision making with regard to annexation, city limits, and extraterritorial jurisdiction (ETJ) issues. The policies cover a wide range of issues including City limit and ETJ boundaries, reasons for annexation, need for a service plan, annexation process, release of land in the ETJ and the creation of special districts. BACKGROUND: The City of Denton has a central location in Denton County with an sxtraterritorial jurisdiction of three and one half :riles from the corporate city limits. The City is surrounded by at least fifteen municipalities with population varying between 250 to 7,900. Questions and issues raised by landowners, developers, and municipalities with regard to annexation, city limits and ETJ have increased significantly over the years. The annexation of a tract of land into the City must comply with Local, State and Federal regulations. The integration of these requirements result in a complex procedure to be followed by the City in the annexation process. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: All city service departments including Utilities, Engineering, Planning and Development, Fire, Police, Solid Waste, Environmental Health, Parks and Recreation and Library. Agenda No. !2 - 045 Agendaltertt. _ AJS # Date 5u FISCAL IMPACT; 0 ?.Y The policies in the draft Annexation Plan have been designed to to reduce negative fiscal impacts to the city over time. Respectfully s bmitted: Prepared byr ` L d V. Harrell N JI.¢ea tio~ City Manager Harry Persaud, AICP Senior Planner Wan 4H.Ro in s, AICP Executive Director Planning and Development Attachment 01: P $ Z Minutes. Attachment #2: Draft Annexation Policy Plan. I ~ert~Nt►_ 93-0/s ATTACHMENT 1 Agenda lfertl !v5 # Rite 93 Minutes 3 7 Planning and Zoning Commission April 14, 1993 Page 11 Mr. Clark said yes, but that he could also get there by Loop 288. If the turn around at Loop 288 is used it takes 3.52 seconds to get to the mall, 2 1/2 minutes by going up Westgate, and four minutes going up Bonnie Brae. Mr. Cochran asked if limits could be set on temporary closure. r Mr. Engelbrecht said that there was not a reason to set limits at the current time. It could be brought back when there is some idea when Payne Drive will be extended and we want to review the thoroughfare plan. Dr. hluey said that the closure would do more than any one thing to preserve the nature of the neighborhood which is so important. The whole concept of the Planning and Zoning Commission was to try to help with definitions and to try to give some stability to those definitions. She stated that she thought that it would be to everyones advantage to move in that direction and establish that definition instead of waiting to see what type of development occurs. A permanent closure would help to define the type of development that would occur in the future. Dr. Huey moved to recommend permanent closure of Westgate Drive just north of Barrow. Mr. Cochran seconded the motion. The motion carried 4.1 with Fleming in opposition. The meeting adjourned to the Civil Defense Room for a work session. Mr. Willis had to leave when the meeting went into the work session. The work session was cancelled because three members were absent. 111. Consider the Annexation Policy Plan STAFF REPORT: Staff report was given by Harry Persaud. Mr. Persaud stated that the Annexation Policy was presented to the Commission on March 10, 1993. The Commission had asked for more time to review. Mr. Pers-ud said that the policy was being brought back for the Commission's consideration and input. lie said that staff felt that it was an opporti.me time to adopt the Annexation Plan because of growth in our ETJ. Many o ilIying towns want to develop or claim land. The plan is needed to guide the Commission and the City Council In making decisions regarding ETJ Issues. Annexation issues are becoming more and more important. The City is doing one (1) or two (2) cases per year. The City's policy has been to do aggressive annexation, Mr. Persaud said that the information on the annexations had been Incorporated in many different sources, such as the City Charter, State laws, 1 AgandaND 0~5 Age~daitem Minutes Planning and Zoning Commission April 14, 1993 Page 12 Subdivision Regulations, and the voting rights act, as well as individual case riles. The purpose of the Annexation Plan is to put all available information together into one document. It would assure consistency by the staff, Planning and Zoning Commission and Council. STAFF RECOMMENDATION: Mr. Persaud said that staff recommended that the Planning and Zoning Commission approves the Annexation Policy Plan. It was intended to request that City Council adopt the plan by a simple motion. Council's adoption of the Plan would enable the Commission and staff to follow the policies as far as possible when considering annexation and ET'J issues. Mr. Engelbrecht said that he liked the idea of putting all of the information together into one document. It would not only help the Commission and the Council but also the people that were going to be annexed. I Mr. Cochran said that at the previous meeting where the Annexation Plan was discussed, it was mentioned that the City is not required by State law to notify property owners of an annexation. He said that he felt that it should be City policy to notify property owners of an annexation strictly as a matter of courtesy. AIr. Persaud said that all of the people that were annexed In 1985 and 1966 where the property were notified. Other annexations were on vacant land and the City was working with developers. So far the City has tried to work both with the property owners and the developers in annexation matters. Mr. Cochran said that he would like to recommend that it be incorporated into written policy. Dr. Huey said that she agreed and would second. She said that she understood that the policy was compiled of existing policies that were gathered into one document, not policies that were created for the Annexation Policy. She asked if would be possible for a step to be added. Mr, Persaud said that the State laws had to be met, but that if the Commission wanted to add a step they could. Mr. Engelbrecht asked if there could be a policy statement making sure that the City would not be held liable if they failed to notify someone of an annexation. Mr. Bucek said that lie thought the statement should read: Staff shall endeavor to give notice of an annexation. i V001 No 4genda1tem Ly S`"„6 Minutes rte `L 1-$ Planning and Zoning Commission April 14, 1993 Page 13 Mr. Cochran said that he would also like to see the section of the proposed plan which suggests that we should not seek annexation of property early in the year to avoid having to provide city services deleted. Although the policy might have some very good reasoning behind it, the implied ethical values seem beneath the dignity of our community. Mr. Persaud said that it was there for fiscal responsibility. If there would be long tern fiscal benefits to the City, the Council would have the option of going ahead with the annexation. Mr. Cochran asked how the document would be affected if that sentence were deleted. Dr. Huey asked if it was the first sentence in 3.71, Mr. Bucek said that it was the second sentence in 3.70. Mr. Engelbrecht said that he agreed with Mr. Cochran. He felt that the sentence could detract from the image of the City from a marketing standpoint. He asked if it would be appropriate to soften or modify the statement. Mr. Persaud said that it could be changed. J Cochran asked what type of services would have to be provided that would cost a great deal of money, in the first year of annexation. Mr. Persaud said that the service plan in the policy sets up all the services that would have to be provided. He stated that most of the annexations that have been done over the past several years so there would have been no negative impact. If in the future, if an annexation is going to cost a lot of money without any returns, it could go to Council for directive and they could consider waiting. Mr. Bucek said that the developer usually wanted to annex early so that the services would have to be provided, because it would be a selling point in his favor. The people who have services and are paying taxes might feel that they were being ripped off. The area annexed would he getting the same services, but taxes would not have to be paid until the tax year started. Mr. Bucek said that it seemed to him that Mr. Cochran was not opi,osed to the policy, but the fact that it did not look good. Mr. Persaud said that it could be handled in house, but not as part of the written policy. apendaNo Minutes pate_,<'_~~_ 9~ Planning and Zoning Commission f April 14, 1993 Page 14 Mr. Engelbrecht asked Mr. Cochran if he would have a problem if the staff reworded the statement. Dr. Huey stated that 3.70 was really a statement of the reality that is out there, but not a matter of policy. Mr. Cochran said that he found the statement offensive, It would not change the meaning if that sentence was deleted. Dr. Huey said that the statement could be written so that it read: The scheduling of annexations should be arranged so that there would be as little negative fiscal impact as possible. Mr. Cochran approved of the statement. Dr. Huey said that the first sentence In 3.71 should be replaced as written above and delete the second sentence in 3.70. II Dr. Huey said that she would like to congratulate staff for a job well done. It was no small undertaking. Mr. Engelbrecht asked if there was any more discussion. Ms. Fleming asked if annexations were scheduled for the last quarter of the year, would the City lose out in some cases. Mr. Engelbrecht explained that early annexation might be recommended depending on the situation. Mr. Petsaud stated that was correct. The policy did not say that all annexations would take plnce during the last part of the year. Dr. Huey explained that Ms. Fleming was just wanting to make sure that everyone is aware of all aspects, so the integrity of the City is protected. Mr. Petsaud said that the City would want to keep the flexibility. If there seemed to be no compelling reason to annex immediately, t' en consideration may be put off for later in the year. Ms. Fleming asked about 3.51 1i on page 8. She wanted know if the Planning and Zoning Commission should have access to the informatw r -oncerning release of land Agenda No ~3- Dim Agenda lterR~~ Minutes ale ':5-L~= Planning and Zoning Commission 7 ~1/ I April 14, 1993 l Page 15 i Zoning Commission should have access to the information concerning release of land in the ETJ. She said that she would like for the last part to read: prior to consideration by the planning and Zoning Commission and the City Council, r Mr. Cochran made the motion to recommend Annexation Policy Plan as amended to the City Council the adoption of the . Dr. Nucy seconded, and the motion carried unanimously VI. Directors Log Mr. Robbins explained that the case charts in the packets were to let the Commissioners know what their agendas would be like over the following weeks It . also showed the cases that staff had applications for and those that were possi The Commissioners would have a chance if a ble. case looked like it could be a large one, to come to the office and talk with staff. Mr. Robbins said that the prellminary plat for Epic, and the Final Plat for Dwight Thompson would be on the agenda for April h 28, 1993. Meeting adjourned i I I I ~Pp.'±~t~f: sir GSINHHfr NJti:::.' CG t~ttt{flf#ii~{♦~♦{it • 111 Y cF1TFt Lt jR ~♦t,LFr{r IIJ a/c . Gcllc~~".y f£ {VJ!'frr{Jr~r IF .'1 Fa r^~i trrl Jr JY rI/t _ x tel: as I +Mrrlr ~ ~~F~ •aa~rttYVVIJDF ...G ♦alasrl++ ..111 ii4t i~~'. L~GYFY~YJFrilar_ `'\}'~.i.♦l'•Ci rF!'rCCD FYaYY1aD/~:~~: ' r`•~ MNrMYD -.i IJYYYF ~ ♦ .*Yr I I v. J *JV null. . 1, ~ } fV IYYY • 'Mrh..• ..uM' V...y'Y rWSL.bii Iii •Y.L'.414:'.»O: ~ rM ^M4.✓Y>~yg1~'Ix.n V'V.4A'~1OL:i»'. :'.'.L".: ••++.YS.Y/MIFItMOYM'!~W'!'1•W 4'14n•. L'.'.'.'.'.' ~ ~ :.w~i.. V Na•Yw W WnrJ.»xK.:ua::'.:'.'r. W4.{nI~ Wann~tTL a L'.'. h p ~nII4r96L `1rn0\\LIS t'.' ' i rruaLa~u.' s~Nff tjtasa~..' x~tf i~i• ♦ la{' a.L Zj} N. I {4^ i I i i lb ►a 0 N,S I I I Aqua. A.3 -a S" A"itt;rtt« CITY COUNCIL REPORT pates,-;. Li/./- i/Ga~c ~ aX ,~2 TO: Mayor and Members of the City Council G FROM: Lloyd V. Harrell, City Manager SUBJECT: Trail Plan RECOMMENDATION: Staff seeks approval to continue the trail planning process, Staff has developed a preliminary concept plan and would like to bring the community into the planning process. Preparations are being made to conduct a media survey and to conduct a community workshop. SUMMARY: The Trail Plan addresses the logistics for creating an extensive network of bicycle, walking, and jogging trails. A series of transportation corridors will connect isolated trail segments, resulting in a city-wide Interconnecting web of bicycle and pedestrianways. j BACKGROUND: The City Planning Department began creating the Trail Plan in 1992, The focus for a bicycle and pedestrian trail system first came in 1988 when City Council approved the Denton Development Plan (DDP). The DDP contained policy statements outlining an alternate transportation system that provided for viable bicycle and pedestrian transportation. The DDP also contained greenbelt policy statements that called for utilization of greenways for recreational purposes and as ideal locations for pedestrian and bicycle facilities. In the summer of 1992, the Planning and Zoning Commission held a strategic planning session. The Commission identified and ranked projects according to priority. A bicycle and pedestrian trail system was ranked as a top priority. Consequently, City staff developed a basic 'f'rail Plan proposal. A citizens' group reviewed this proposal on January 8,1493. Approximately 40 interested citizens attended the meeting and provided Planning staff with feedback. The plan was modified accordingly and presented to the Parks and Recreation Board and the Planning and Zoning Commission in February 1993. The Planning Department would like to continue the trail planning process by soliciting additional community input. The department would like to conduct a media survey to determine where people currently ride, wall, and jug. The department would also like to conduct a follow up community meeting in which the public is ':tvlted to help staff Identify I trail corridors. The information gathered from the survey and tha meeting would be used to develop a final Trail Plan Concept Map to be presented to the Parks and Recreation Board, the Planning and Zoning Commission, and the City Council for consideration. aQertda ►uo _ 9~ - Did Apenda lterq _ 7v 75 PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: The trail planning process would be integrated with the Master Parks Plan and with the City's Transportation Plan. The Planning Department would coordinate trail planning activities with Parks and Recreation and with Engineering, FISCAL IMPACT: The Planning Department will simply be continuing the planning process, This will not require the expenditure of additional funds. Any additional recommendations requiring the expenditur, of funds will be submitted to the City Council. i VRF ULLY MITTE~ It arrell City Manager Prepared by: Todd atton Urban Planner Amp roved: rank Robbins Executive Director for Planning and Development Attachment: Draft Copy of the Trail Plan I aQendall ~A Data (May 4, 1993 A T City of Denton TRAIL PLAN Planning and Development 215 East AfcK{nney Denton, Texas 76201 Conlaclr Todd Parton, Urban Planner Owcn Yost, Urban Planner (817) 566-8350 I ugttndaNa. ~ 4/5 Ageadalterrl 1v,5 ~l TABLE, OF CONTENTS E.XECUI'IVE. SUAIMAR1' . , , d DEFINITIONS iii INTRODUCTION , . OBJECTIVES Ii11PLEMENTATION POLICIES 4 SYSTEM FACTORS Classes of Pathways 5 Class I: Separate Bicycle and Pedestrian Paths . . . . . ' S Class 11: Bicycle and Pedestrian lanes ' . ' ' ' ' Class III: Signed Routes ' ' ' 7 7 Trail Placement . " " " " " " " " " " ' 8 9 1. Residential Streets 9 2, Collector Streets . , ' Fasements and Floodplains , I I , , , , . , , , , , , , 11 4. Parks 5. Primary and Secondary Arterials • 14 Route Safety 15 't'raffic Generation , , ' ' 1 7 Potential Conflicts Between Users , ' . ' ' ' ' ' ' ' ' ' 17 CONSTRUCTION FACTORS Street Widening vs, Separate Paths ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' • • • 18 Path Material 18 Recklessness and Speed , , , 18 Planting for Protection . , , ' ' ' ' ' 19 COORDINATION WITH OTHER PUBLIC INIPROVENIENTS , , , , Standard Sections ' ' ' ' ' • • 19 Public Construction 19 19 CONSTRUCTION COST 21 Concrete . 21 Other Construction Materials . . . . . . . . . . . ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' FUNDING . . Funding 22 Federal and State Grants " ' • I I I i A000da No Apeodalten EDUCATION , 25 LAND ACQUISITION , , , , , , . , PARKING PROJECT PRIORITIES AND SUGGESTED TIME TABLE , , . , 28 r r i AGendaNo _ . ^/1 Agenda vt; EXECUTIVE SUMMARY l g~~ Z Health, Pollution, Safety - The watchwords of today's society. The watchwords forcing a change in the very fabric of the American way of life. As Americans have become more conscious of their health and surroundings, they have developed needs and desires for more services that will bring them closer to the environment. Facilities are required to meet these demands. This plan addresses the logistics for providing bicycling, walking, and jogging facilities to the citizens of Denton. The system will consist of an extensive bicycle and pedestrian trail network. A series of transportation corridors will connect isolated trail segments resulting in a city-wide Interconnecting web of bicycle r.nd pedestrianways. Three basic pulicles will ensure that the trails successfully meet citizen reeds and recreational and commuter demands. These policies are; 1. To assure safe and convenient access to all areas of the city for cyclists and pedestrians. 2. To promote the use of bicycles and walking as an attractive and viable alternative to motor-vehicles. 3. To create a bikeway and pedestriaaway system hint accommodates the commuting and recreational needs of all travellers regardless of their trip destination or origin. These policies form the criteria used to identify where alternate transportation use is most likely. The overall goal being the creation of an attractive, safe, and functional means of travel to Identilled points of interest. Citizen safety Is of the utmost concern. Consequently, the plan specifies off-road easements and greenways as optimal areas for trail placement. Where possible, cyclists and pedestrians are removed from roadways, eliminating many points of conflict with motorists. Provisions exist to place paths parallel to and within street right of-ways when suitable easements or greenways do not exist. The trail system will be implemented according to a "Mile-A-Year" program. One mile of trail will be built each year with ( I.P. funds. Additional mileage will be built as alternate funding sources are identified. L?arly constriction phasing will emphasize integration with rails-to-trails and the creation of major trail corridors to facilitate east/west and north/south cross-town traffic. The city's 8.3-mile rails-to-trails segment is a major focal point for a city. wide trail system. I i I abenee No 93 -oi.~' Apend3it~_wS_~__ Dale 3~ The trail system outlined here is intended as a resource document, not the official Trail Plan. `/~x~Z ]t has been developed to help create an overall trail concept plan and to b,- used as a 4 resource as the City's official Trail Plan is created. The implementation of a trail plan offers the city the rare opportunity to execute a win-win program. These types of programs carry strong political and financial support as evidenced by recent federal legislation. The most recent federal funding is made available through the Intermodal Surface Transportation Efficiency Act (ISTEA). Proactive cities that involve communities in the planning process may benefit greatly from is,rEA. Il Agenda No Agenda IlerR_ -0 DEFINITIONS ale-~`-1/~ 3 Alternate Transportation Any mode of trrvel that does not require motorizat;on. Arterial A street whose main purpose is to serve as a major route into, out of or across the city to connect one (1) or more of the city's major activity centers. These streets are shown on the city's thoroughfare plan and are at least one (1) mile apart. Bicycle Lane A portion of a roadway which has been designated by striping, signing, and pavement markings for the preferential or exclusive use of bicycles. Bicyae Path A bikeway physically separated from motorized vehicular traffic by an open space or barrier and either within the highway or street right-cf•way or within an Independent right-of-way. Bikeway Any road, path, or way which in some manner is specifically designated as being open to bicycle trove:, regardless of whether such facilities are designated for the exclusive use of bicycles or are to be shared with other transportation modes. Collector A street whose main purpose is to collect and direct traffic from local streets to arterial streets, to carry traffic between arterial streets or to proved access to abutting commercial or industrial properties or higher intensity residential land uses. It Is designed to handle no more than ten thousand (10,000) vehicle trips per day. Commtrler Use Utilization of the Bicycle and Pedestrian trail system for day-to-day purposes such as trips to work, school, stores, etc. Easement A strip of property in which the city purchases specific rights and leaves the remaining "bundle rights" with the owner. For example, the city may purchase a right-of-way for a public pedestrianway and/or bikeway. Feeder A street whose sole purpose is to provide access to abutting single-family or two- family residential properties. It is designed to serve no more than five thousand (5,000) vehicle trips per day. Functional Use Utilization of the Bicycle and Pedestrian trail system for day-to-day purposes such as trips to work, scnool, stores, etc. Park Any reserved area of open space preserved mostly in its natural form and maintained by the City of Denton. Includes all areas designated as open space for bicycle and pedestrian trails. Park Linkage Using trails to connect a series of independent parks Into a continuous bicycle and pedestrian route. Ill AGendaNo ApendaitartL_.~l1~-.'~ 7 Path/Pathway Any toad, path, or way which in sonic manner is specifically designated as/A' being open to pedestrian and/or bicycle travel, regardless of whether such facilities l fire designated for the exclusive use of pedestrians and bicycles or are to be shared with other transportation modes. I Pedestrian Any individual traveling by foot for recreational or commuter use - i,e. walkers, joggers, etc. Pedesirfanway Any road, path, or way which in sonic manner is specifically designated as being open to pedestrian travel, regardless of whether such facilities are designated for the exclusive use of pedestrians or are, to be shared with other transportation modes. i Point of Conflict A location where pedestrian and bicycle trails Intersect motor-vehicle routes and pose safety hazards to trail users. Recreallonal Use Utilization of the bicycle and pedestrian trail system for leisure and exercise - i.e. jogging. off-road cycling, et.. Residential Street A street whose sole purpose is to provide access to abutting single- family or two-family residential properties. It is designed to serve no more than five thousand (5,000) vehicle trips per day, Right-of-way A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, sidewalk, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, bicycle trail, pedestrian trail, or for any other special use. The usage of the term right-of-way for land platting purposes means that every right-of-way established as shown on a final plat is to be separate and distinct from LJ the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. Rights-of-ways intended for streets, crosswalks, wate, mains, sanitary sewers, storm drains or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right-of-way is established. Street Any thoroughfare or public driveway, other than an alley, more than thirty (30) feet in width which has been dedicated or deeded to the public for public use. Traffic The movement of bicyclists and/or pedestrians along a designated route. Trail Any road, path, or way which in some manner is specifically designated as being open to pedestrian and/or bicycle travel, regardless of whether such facilities are designated for the exclusive use of pedestrians and bicycles or are to be shared with other transportation modes. Iv ~,arMako 9.3-4/ar AgetttlalitHtt„ ~vs ~7 Date Transportation Corridor - A designated route established to move large volumes of t w2 traffic into or across the city. Transportation corridors are used to connect ~n,6-'way trail segments, allowing trail users d of their trip's origin. 0 reach any destinatlon within the city regardless , r I M I I Agenda No Agenda itert~ _GU' _ #7 BICYCLE AND PEDESTRIAN PLAN 3 I. INTRODUCTION In terms of bicyclists and pedestrians, the City of Denton is not considered a "user friendly" city. A preliminary sidewalk study conducted by the Engineering Department in rebruary of 1992 supports this argument. The study revealed that of the 1,293,600 linear feet of paved streets, 518,616 t linear feet of paved streets contain sidewalks. This means that only 40 percent of Denton's streets were built to support alternate modes of transportation. Most of these sidewalks II, E exist in older portions of town. More than 50 percent are constructed in the area bounded by Bonnie Brae on the west, Eagle on the south, Locust on the east, and University Drive on the north. Due to their age, approximately 17 percent, or 86,003 linear feet, of existing sidewalks need repair. 17his sidewalk network does not provide continuous, safe access to all sections of the city fo: those who do not wish to travel by motor-vehicle. Another fact that illustrates the city's lack of user friendliness is its established bike trails. Two trails have been built, accounting for approximately 4,900 linear feet of bikeways. These two routes are not well maintained and are considered hazardous to bicyclists. The edge of pavement along each route does not merge smoothly with the curbs and gutters, presenting a major hazard for riders. Furthermore, street cleaning equipment brushes garbage, dirt and other debris into these routes. These objects discourage use, limiting the cost effectiveness and real worth of these pathways. The basic plzn offered here is intended to integrate existing infrastructure and future development to turn Denton into a community that provides equitable service for all l ApendaNo _ 9~ -~/5 commuters, whether they travel by car, motorcycle, bicycle, or by fool. The City j t 6,2, Denton has many physical and monelary resources at its disposal for creating pedestrian and bicycle paths, which may be used for recreational and functional purposes (i.e. shopping trips, primary Iransportition to work and school, etc.). A combination of methods to establish lanes on existing streets, establish land dedication requirements, utilize existing i flood plains and earcments, and to take advantage of slate and federal grants are the basic components of a workable plan for Denton. i A bicycle and pedestrian plan would be advantageous to Denton in several ways. First and foremost, a network of G bicycle and pedestrian ways would enhance quality of life. Citizens throughout the city would be provided with easily accessible recreational facilities. In most cases, these facilities would be located just outside their homes and would provide them wilh safe and convenient access to even more facilities like parks and recreation i centers. Quality of life could also be enhanced by reduced traffic. A system of quality, attractive, well-maintained trails would encourage the use of more alternate types of transportation. Increased usage of biking and walking would mean reduced traffic. Traffic i reduction would, in turn, reduce air and noise pollution resulting in a more clean and peaceful community. A comprehensive and well-planned system of bicycle and pedestrian trails would also provide citizens with an alternative means of every-day transportation. In 1991, the U.S. Department of Commerce, Bureau of the Census, reported that, in the South, the average distance bicyclists and walkers travel to work is 2.35 miles and 0.17 miles respectively, The bureau also revealed that 42.6 pereco! of U.S. workers commule five or less miles to work. 2 Agen-ja No 93 .Q«... agenda Item A trail system designed to facilitate short mileage trips to work, school, and shopping wou d - '121 be useful to a large portion of the community. Bicycle and pedestrian facilities may also serve as a boon to the city's economic base. Increased quality of life would mean that Denton would become more attractive to new and expanding industries, thus enhancing the efforts of the Office of Economic Development. r The trails could also be used to sponsor special events such as bicycle rallies, road races, and triathlons. These special events would increase retail revenues for local and regional merchants as well as for the city. The creation of a bicycle and pedestrian plan offers great advantages to the City of Denton. A plan to integrate existing resources with future development could be implemented to successfully achieve the development of an extensive and comprehensive system of bicycle and pedestrian routes. However, careful consideration should be given to community needs as identiped by the City Council and interested groups and solicited from the citizens themselves. II. OBJECTIVES In order to guide the development of bikeways and pedestrianways within the City of Denton, three main objectives have been established. These objectives are to: 1. Assure safe and convenient access to all areas of the city for cyclists and pedestrians. 2. Promote the use of bicycles and walking as an attractive and viable alternative to motor-vehicles. 3. Create a bikeway and pedestrianway system that accommodates the commuting and recreational needs of all travelers regardless of trip destination or origin. J AoendaMo -3-c IS Agenda lter~ III. IMPLEMENTATION POLICIES iffte__ s1r_ l 3 1. Design the network according to a "park transportation corridors. 11Tajor transportation k corridorst will ahe established in easements and floodplains to facilitate primary cross- town bicycle and pedestrian traffic. These corridors will, in essence, be a series of linked parks. 2. Establish corridors parallel to arterials and collectors where suitable easements and floodplains are not directly accessible. 3. Bicycle and pedestrian facilities placed along arterials will need to be separated from the motor-vehicle lanes. I 4. Consider bicycle operating characteristics in the design of intersections and traffic control systems. 5. Construct bikeways according to bicycle design characteristics. 6. Integrate bicycleways and pedestrianways with current development by establishing a focus group of local businesses and interested parties to establish guidelines for modifying existing facilities to promote new modes of transportation. Such modifications may include, but are not limited to, building parking lots for bicycles. 7. Integrate the bicycle and pedestrian plan with the existing development regulations. Modify the development regulations to include bicycle parking requirements and bicycle easement dedication requirements. 8. Develop and maintain a bicycle education program to encourage bicycle use and bicycle safety. 9. Integrate existing University of North Texas and Texas Woman's University facilities with proposed city facilities. 10. Plan for rest facilities, including rest rooms, drinking fountains, public telephones, and air for tires when the existing infrastructure does not provide them or makes their use inconvenient for bicyclists and pedevrians. 11. Establish an inspection and maintenance schedule for bicycle and pedestrian routes to ensure that they are maintained and repaired in a timely manner. 4 ~peede IVe ,3 - D/ AgendalterrLls 7 12. Provide two-way paths along one side of arterial streets and safe crossovers at points of conflict unless safety and design a Imen s necessitate one-way trails or, each side. 13. Time bicycle and pedestrian improvements to coincide with state and local roadway and utility improvements. 14. Prioritize path construction to: a. facilitate cross-town transportation corridors to activity centers such as schools and shopping centers as soon as possible. b. target low income areas, as defined by CDBG, as areas of first concern. 15. Utilize outside funding as much as possible. 16. Establish a test project to streamline and analyze pathway guidelines and standards before implementing the plan on a city-wide basis. 17. Create a bikeway and pedestrianway system of trails to meet recreational as well as functional needs. 18. Provide safe and secure trails that contain lighting to provide visibility in particularly dark or overgrown areas and utilize design features that discourage trail use by motorized vehicles. 1V. SYSTEM FACTORS Two bicycle and pedestrian path characteristics greatly influence use. These system factors are pathway type and pathway location. Accordingly, pathway routes have been Categorized by their location and intended use. A. Classes of Pathways Use of bicycle and pedestrian pathways will be two-fold. Some individuals will utilize the system as an actual means of transportation; therefore, they desire direct pathways to move them quickly and efficiently to specific destinations. Other individuals will use the pathways for recreational purposes. As one might expect, these users desire more S ti AgendaNo n~-3 Agenda lterrt._ w _ 9 01te_~-/i Q~ aesthetically pleasing and winding facilities. The bicycle and pedestrian paths have been categorized into three classes: 1. Class 1: Separate Bicycle and Pedestrian Paths Class 1 paths are totally separate from streets. They are more likely to be used for recreation. These paths reduce the number of conflict points with automobiles and may contain bicycle lanes with distinct footpaths either on the paths themselves or alongside them. The disadvantages to these paths are their construction and maintenance costs, their relative lack of security, and the amount of land they require. These paths are preferred for developing bicycle trails in areas where the existing infrastructure can not accommodate bicycle facilities. Preferable location of trails is in easements and parks. These trails enhance rider and pedestrian safety by removing them from street rights-of-way. I Class 1 paths may also be implemented in new and existing developments. Developers who integrate bicycle and pedestrian corridors into traffic areas of parking lots 1 will reduce conflict and increase safety in activity areas. Thought needs to be given to providing incentives for new and existing developments to integrate alternate transportation needs. Typical Pathway Design: Preferred Class 1 paths contain the following: 1. These pathways run linear to the streets and are constructed to handle two-way foot and bicycle traffic. 2. These lanes are separated from streets by a landscaped bufferyard when the path is at least five feet from the curb. Where the path is less than five feet from the 6 ~genrla Nc ~ ` Agenda ltem__L'L= ate 5-//- g 3 curb, a physical barrier between the path and the street is recommended. / /f I Lane dimensions are a five- to eight-foot paved area for two-way bicycle traffic with a two-foot minimum graded area along one side for drainage and a four. foot minimum graded area on the other side for two-way pedestrian traffic. Topography and anticipated traffic loads may warrant adjustments to design criteria. 4. A three-foot clearance from b;!rriers such as Irces, poles, walls, guardrails, etc. I are recommended. This clearance requirement may be reduced to save natural physical resources or features such as protected trees. 5. Water fountains and rest stops will be disbursed throughout the trail. 6. Lanes will include maintenance/access points to allow for repair and emergency access. 2. Class II: Bicycle and Pedestrian Lanes Class Ii lanes are placed along roadways, utilizing whatever construction means possible. These lanes are typically placed in widened outside street lanes or on wide street shoulders. This type of lane placement would be compatible with new developments and road improvements, however, implementation will be difficult where infrastructure already ex•sts. Demon's streets are constructed at minimum lane widths that do not allow for the widening of outside lanes to accommodate bicycle and pedestrian ways. Denton's streets are also characterized by the absence of street shoulders. Class It trails should be used sparingly and only after other options have been exhausted. 7 ~pendaNo 93.sG~ ltert~~` Agenda +re Typical Pathway Dcslgn: Preferred Class 11 Paths Contain the following. 1. rive- to eight-foot reserved portions of roadway extending from the curb of one side of a street. 2. Lanes designated by reflective striping to make motorists, cyclists, and pedestrians aware of where the roadway and the pathway merge. 3. Pathways intended for two-way bicycle and pedestrian traffic located on one side of the street unless safety concerns warrant one-way paths on both sides. I 3. Class III: Signed Routes Class III pathways exist in streets shared equally by motorists, cyclists and pedestrians. It is recognized that bicycling and walking are common and expected uses in residential streets, thus, all residential streets are considered to be readily available alternate transportation facilities. Residential streets may be used as part of the corridor system to move traffic safely between major trail segments. Signage will be used to direct pedestrians and cyclists through these corridors to the next trail segment. These routes are deemed unsuitable for use along collectors and arterials. The National Recreation and Park Association raises doubts about the safety of merely pulling signs along existing roads. Typical Pathway Design: Preferred Class 11[ paths contain the following: 1. Appropriate Signage to direct users to the next major trail segment. 2. Signage to make motorists aware of increased bicycle and pedestrian use. 8 s AgardaNo 93 6116- A gencaitern_ /riS #7 Cale ~ -s~' 93 B, Trail Placement /9 z There are five primary areas suitable for placement of pedestrianways and bicycleways. Residential streets, collector streets, easements and floodplains, parks, and primary and secondary arterials are capable of supporting pathways. The physical attributes of each area suits it to either functional or recreational travel. 1. Residential Streets: Residential streets may be utilized to provide cyclists and pedestrians with a relatively safe trail. As mentioned, these streets are commonly used for bicycling, walking, and jogging. These streets could be used to provide a link between trail segments to facilitate a continuous flow of cyclists and pedestrians. Route Specifications: 1. Class III lanes should be utilized. 2. These lanes will consist of proper signage to direct bicyclists and pedestrians along a designated route. Appropriate signage should make path users aware of the designated path and should alert motorists of increased bicycle and pedestrian use. Advantages: These lanes provide a ready medium for safe and inexpensive bicycle facilities. They will not require additional maintenance costs since they will be located in existing rights-of-way. 't'hese pathways may also be fully integrated vvitb a comprehensive system of bicycleways and pedestrianways. Disadvantages: The primary disadvantage may be increased conflict between trail users and ' motorists. 9 111 M1 I I Aponda No Agenda ltemA:~4 Date .r-11 - 2. Collector Streets: a e T y, Bikeways will be located on major collectors. Sidewalk requirements included in the city's subdivision regulations already address pedestrian needs along these roadways. These sidewalk requirements should result in an extensive network of pedestrianways as the city continues to develop. Therefore, efforts along collectors need to concentrate on the development of bicycleways. r Route Specifications: Class 11 lanes should be utilized. Advantages: These types of lanes offer a cost-effretive way to integrate a new hicyele lane system with future development. Adding bicycl,: trail requirements to Denton's Subdivision Regulations would ensure that the city's trail system would grow proportionately with the city. Those developments requiring the construction of bicycle as well as pedestrian trails would need to be qualified. For example, those develo, ments occurring adjacent to designated bicycle and pedestrian ti ansporlation corridors would be required to designate, I and possibly construct, a trail segment on their development site. These lanes also provide a cost-effective way to integrate bike and pedestrian lanes ' With existing infrastructure. A portion of existing street right-of-way would be reserved for 1 bicycle use (pedestrian use would also be allowed in areas where sidewalks do not exist). Disadvantages: There are two major drawbacks to these lanes. 1. The first is side-street parking. Parking may have to be prohibited where these bicycle lanes have been designated, 2. The second drawback is the limited range of collectors. Cyclists prefer long stretches of uninterrupted roadway. Typically, collectors are cross-cut by many cross-street to ApendaNO Agenda ltem~~+,z ~ r intersections, causing cyclists to stop after relatively short distances. 3. easements and Floodplains: Easements and floodplains are another available resource. 'l'hcy can he us,.d to provide additional recreational facilities that the city has, for the most part, failed to develop. One exception is Avondale Park, a large tloodplain in the center of a neighborhood area which i has been converted into a city park. Use of these areas wil, provide Irail users the opportunity to deviate from the paved streets. These trails are much more likely to be utilized byjoggers, walkers, and recreational cyclists since they direct traffic through attractive, vegetated areas. The Greenway Plan has designated the city's floodplains as areas where development is not allowed. The plan has creale-i an extensive network of open space characterized by thick vegetation that can be incorporated into a trail design that is very pleasing. These greenways are also characterized by sleep terrain. Trails designed to enhance this characteristic provide a welcome challenge to off-road cyclists and cross country runners. Easements offer an excellent opportunity to provide access to recreational trails. They are another source of open space running throughout the city. Using appropriate easements can provide a network of recreational facilities easily accessible to many points within the city. In essence, they will be used as a linkage system to provide access to trails within the floodplains and city parks. Electra-power easements and small drainage easements are two other excellent sources that can be developed. Eleciro-power easements are extremely wide and could atsily contain "hike and bike" trails. Placing paths in small drainage easements would be beneficial II i ~9nQd NO r,,~ to both the city and the public. They would provide the public with readily available trail ~7 7 ,61~ access since they are located within subdivisions and would provide the ci!y with a means to clear the easements for enhanced drainage. Route Specifications: 1. Class I paths designed to enhance the natural attributes and terrain of the easement or floodplain tl.,:y occupy. 2. Trail construction will minimize environmental impact. IicologicalIy sensitive areas i will be minimally disturbed. Construction efforts will include: i a. Use of natural construction materials, such as dirt, rock materials like 1 i decomposed granite and gravel, and wood, where appropriate, b. Thoughtful and s6,ctive clearing of vegetation, c. Proper drainage to minimize erosion tj prevent trail widening, and d. Use of proper sigoage to ensure that trails are clearly marked and defined. This i will reduce the likelihood of individuals deviating from the trail and causing damage to the surrounding area. 3. All easements and greenways will be evaluated according to the fallowing criteria: a. Site configuration, b. Available space, c. Vegetation on site, d. Access to site, e. Visibility of site, f. Flooding hazards, 12 ;panda No Agenda Item, # 7_ g. Overhead utility lines, h. Conflicting land uses, and U 1 I, Rock outcroppings and terrain. 4. Trails will contain maintenance/access points to provide access to work crews and emergency response personnel. 1 S. Water fountains and rest stops will be disbursed throughout the trail. Advantages: Utilization of trails in easements and floodplains provide residents with an excellent recreational facility that fins, as yet, been undeveloped. The city has experienced a rising demand for cycling and jogging facilities that do not exist. Development of these trails would meet demand and would increase the safety and well-being of Denton's citizens. In addition, the development of trails within the easements could be used to link Denton's existing recreational facilities. Disadvantages: Environmental and maintenance demands are the two major disadvantages of these trails. These disadvantages are explained; 1. Improperly constructed trails will result in ecological damage. Careful attention must be paid to constructing trails that are in harmony with the environment. 2. Maintenance is a concern because they are built in 100-year flood plains and are subject to harsh weathering, primarily flooding. Regular maintenance schedules have to be developed, followed, and documented to reduce the city's risk. 3. Many soft surface trails may eliminate all but off-road bicycle use. Surface materials must coincide with the intended t!se of the trail. The Engineering Department should be consulted to determine the placement of and the appropriate construction 13 ti Agenda No , -O15 Agendaltttnt,_,L materials for each trail and pathway. Public sponsorship of trails may be us as Z maintenance strategy. Local groups could adopt specific trail segments. 4. Parks: Larger parks are another excellent area for recreational walking, jogging, and riding. These parks are generally located in areas that are readily available to Denton residents. Building trails in parks would enhance their worth to the citizens. Each park will be i R evaluated for its suitability. t Route Specifications: 1. Class 1 paths. These pathways are designed to enhance the natural attributes and terrain I of the easement and floodplain they occupy, 2. All parks will be evaluated according to the following criteria: a. Site configuration, b. Available space, c. Vegetation on site, d. Access to site, e. Visibility of site, f. Flooding hazards, g. Overhead utility lines, h. Conflicting land uses, and 1. Rock outcroppings and terrain. Advantages: Trails in existing and proposed parks will enhance their utility and worth to the ' city. Residents will enjoy an increased quality of life. The city will benefit from the 14 li Agenda No _ 5;3 A~etida IlenZ 1vS ~ ~ increased cost-effectiveness of its parks. e~2 Disadvantages: Maintenance is a vital concern. As with trails in easements and tloodplains, the city needs to carefully maintain the trails and keep careful maintenance dOCUtnentatlon. As with easements and floodplains, public sponsorship could be used to maintain these trails. 5. Primary and Secondary Arterials: Careful thought needs to be given to integrating bicycle and pedestrian lanes along arterials. There are many areas of cnnflict that may occur between the users of the bike and pedestrian lanes and motor-vehicles. Paths along these roadways should be used to move pedestrians and cyclists to their destinations as quickly and efficiently as possible, Trails along these roads should be used only when other options are not feasible. Possible arterials for use include, but are not limited to, Carroll Boulevard, Ttasley Lane, and Bonnie Brae. Route Specifications: 1. Class I concrete paths, 2. Four-inch thick concrete, 3. 10 feet in width, and 4. Minimum cross slope of 1/4 inch per foot, which is normal for a sidewalk, with 2%: inches of horizontal elevation difference from one side to the other. It Advantages: Lanes along arterials provide long stretches that move cyclists and pedestrians to major points of interest. Tit essence, they arr highways for bicycles and pedestrians. By using them to connect isolated trail system segments, they provide an overall network allowing all citizens to travel to all major activity centers within the city via alternate f transportation. Is I ti V ~3~Di.5 Aasnda No Aaendaliem ,&?s-_ ''~7__. Disadvantages: The major disadvantage of paths along arterials is the fact tha e~` ~ f roadways carry a high volume of fast-moving, motor-vehicle traffic, This results in many possible areas of conflict with automobiles. The solutions to these conflicts are often very expensive. For example, an arterial that crosses 1-35 may require the construction of a pedestrian overpass to eliminate conflict. The city may also have to beconie imolved in land acquisition in order to obtain the necessary right-of-way. I C. Route Safety When asked their preferred trail location, bicyclists and pedestrians usually say they prefer a "hike & bike" trail that is separate from the paved road. But, in reality, they will use the most direct route, which is almost always the paved street. Therefore, safety is a major concern for the bicycle rider, the pedestrian, and the motorist. As mentioned, the current sidewalk requirements contained in Denton's Subdivision Regulations have been established to create a network of sidewalks throughout the city. However, Texas law prohibits bicycles from using sidewalks. This means that additional facilities need to be developed to establish a system which is legally and physically compatible for cyclists and pedestrians. One possible tactic for utilizing existing sidewalks would be to widen and rename them as bicycle and pedcstrianways. The natural inclination is to believe that seriuus accidents Pr- more likely to occur in on-road trails rather than in off-road trails. Appendix A s?,ows that rrtious accidents are far more likely to happen in the off-road trail. The sairie research shows that a cyclist is safer on the road for one hour than the average motorist is for the same period of time. Denton police officers s,ty that bicycle safety is lessened when the posted motor-vehicle r 16 ~ger~a No ___Q~11~L~ Apendaltett~.C-iL~ speed exceeds 35 rttiles-per-hour. In fact, bicyclists tend to avoid these streets. Instead, they cut through parking lots, ride on sidewalks, or drive cars. With this in mind, careful consideration needs to be given to designing safe and attractive trails that are located adjacent to arterials. V. Traff!e Generation i In conceptually designing a trail system, primary consideration should be given to traffic generators. They define the optimum location of a trail system by designating where people want to go and the rouses they need to gel them there. In Denton, bicycle and pedestrian traffic generates largely from residential districts adjacent to the University of North Texas and Texas Woman's University. Residential areas close to elementary and secondary schools are a'so expected to generate a large number of cyclists and pedestrians. Additional destinations include, but are not limited to, employment centers, recreational areas, and shopping centers. Accordingly, the City of Denton bicycle and pedestrian plan w0!1 co.,centrate on moNing traffic to and from these areas. PC Potentlal Conflicts Between Users System standards that accommodate one group of users may not precisely meet another group's needs. Commuters and recreational users have different requirements, Differences in age groups and equipment, such as the no-gear "cheap-o" and the 12-speed racing bike, also have specific needs. There will also be differing standards from bicyclists to pedestrians, but they tend to be negated by the fact that pedestrians are able to adapt to a wide variety of circumstances. With this in mind, trail design should allow all users to share the same trail in relative safety. 17 Agenda No3 Agenda ltertt_.._ ale 11=1_ V. CONSTRUCI7ON FACTORS A. Street Widening vs. Separate Palh:; `J The cost of constructing paths that are separate from the street system varies widely. One major cost of constructing separate paths is land acquisition. Separate paths may be constructed on an inJependent construction schedule whereas trails constructed within f streets are dependent on street improvement schedules. B. Path Material Concrete is the clear favorite. It provides the best traction and maintains critical slopes from year to year. Where more footing is desired, the trail should be of a more resilient material such as soil cement, bark chips or compacted earth. As a rule of thumb, the longest usable life can be expected from a concrete surface. Denton's concrete sidewalks have remained in good condition for over 40 years. They withstand the rigors of use and weather. C. Recklessness and Sneed All trails %;ill be designed to accommodat, cyclists and pedestrians. It is important to control and monitor the speed and behavior of bicyclists. Appropriate speed is a function of bikeway and sidewalk design. It is recommended that safe speeds be identified for each F trail section by the Engineering Department and that an ordinance be drafted to grant the appropriate body the authority to regulate and enforce these speeds. Trail design can mitigate the problem of recklessness and speed. Manuals exist which outline appropriate designs that discourage misuse, 18 agenva No Agenda~tem,w5l D. Planting for Protection 031e 79 Bikeways and pedestrianways are to be maintained so that a clear line of sight is maintained through liorizantal curves. This clearing will allow a view of oncoming traffic, , t and will increase safety by removing foliage that could conceal criminals. This miy be achieved through selective trimming of vegetation and planting vegetation which will not impede visibility. VI. COORDINATION WITH OTHER PUBLIC IMPROVF.IIENTS A. Standard Sections Currently, the standard street sections in the appendices to Denton's Subdivision Regulations accommodate pedestrian traffic. Four-foot sidewalks are required on both sides of most new streets. A simple modification of these sections would allow sidewalks to accommodate pedestrians, and bicycles. Modification would include widening sidewalk requirements by approximately 2 feet and reclassifying them for pedestrian and bicycle uses. B. ublle Con_ structlon Street construction projects undertaken using city funds are funded according to the Capital Improvement Project list. One example is Teasley Lane, which was built for motor- vehicles only. Construction plans could be altered to include the construction of eight-foot bicycle lanes within the same rights-of-way. To coordinate the construction of bicycle and pedestrian lanes for all improvement projects, they need to be included as regular line items for all C.LP. projects. This may be coordinated and implem,;nted through the Engineering Department as they plan for street construction or repair. 19 4genda No Agendallem_ a- 0318 L" ~OZ Possible C.I.P. Projects to be Integrated with the Trail Plan 'q l% Listed below are several C.LP, projects which may be coordinated with the Trail Plan. Project # C.I.P. Project and Description Lillian Miller Sidewalks - Provide pedestrian access from Southridge to 001001 the major retail areas at 1.35 Fast and Loop 28F (along the west side of Lillian Miller). 001002 Willowood Bike-Any/Sidewalks - Sidewalks/Bikeways along the south side of Willowood east from Bonnie Brae to McCormick. i Downtown Drainage Master Plan Utilize consulting engineer to develop 001007 a master plan for the central business district to address urbanization of the watershed and development effects. 001014 Street Reconstruction - Used to repair miscellaneous street sections. 001015 Sidewalks/Bikeways - Sidewalk and bikeway construction throughout the city. 001052 Sidewalk Construction - Sidewalks along arterials and collectors for safe routes to schools, public facilities, and shopping areas. ` Corbin Road Bridge - Provide a two-lane bridge with a sidewalk over the 001054 dry fork of Hickory Creek at Corbin Road to pass over the 100-year floodplain. Riney Road Paving and Drainage - A 41 foot street between Windsor 001072 Drive and Highway 77. It includes a sidewalk on one side in addition to curbs and gutters. Southeast Denton Sidewalks - Provide sidewalks on one side of Morse 001076 Street (from Robertson to Woodrow Lane), Duncan Street (from Morse to Willow Springs), and KerIy Street (from Duncan to Shady Oaks). Existing paths indicate heavy usage. _ Hickory Creek Road Paving and Drainage - Rebuild Hickory Creek Road from Highway 2181 to the boundary of the elementary school. The 001078 new street would be a 24 foot estate section with an upgraded cross drainage structures. It will be used to provide access between McNair Elementary and the residences. 001080 Mingo Road Shoulder - Pavement improvements and shoulder along southeast side of Mingo Road. 20 ~ AgendaltenL._ Oal@ - 93 ~2 Scripture Street Paving and Drainage - Rebuild Scripture Street between 001082 Bonnie Brae and Jagoe. The new street would be 41 feet back to back with a sidewalk on one side. 001091 Payne Drive Paving and Sidewalks - Paving and sidewalk construction for Payne Drive east from Bonnie Brae to the Westgate Hills Subdivision. Upgrade Existing Park System - Renovation of 14 playground sites, new 006301 park furniture, resurfacing tennis courts, parking lot renovation, restroom renovation, landscaping, and irrigation. Park Development Northeast - Park development funds for northeast 006313 portion of city. 081025 Pecan Creek - Ruddell to Woodrow - Construct a concrete bottom in Pecan Creek between Ruddell and Woodrow and enlarge the channel. Pecan Creek • Kerley to Morse - Pecan Creek between Kerley Street and 031038 the Woodrow Lane bridge will be improved utilizing appropriate channel bottom design and culvert improvements. Cooper Creek • Windsor Drive to Bell Avenue - Provide a concrete 081052 bottom and shaped side slopes for the existing channel between Bell Avenue and Windsor Drive. VII. CONSTRUCTION COST A Concrete According to the City of Denton Engineering Department, estimated cost for constructing Class I concrete trails is roughly $25 per linear foot in 1492 dollars. This estimate takes into account unforseen expenses incurred due to heavy vegetation, severe slopes, or drainage considerations (See Appendix A). B Other Construction Materials Other materials may be appropriate for Class I recreational trails. These trails would ue located in easements, parks, and greenways. The Engineering Department will be consulted to determine the appropriate design criteria and cost for alternate pathway materials. 21 r Age Valtorrt VIII. FUNDING We A. C.I.P. FundlnZ The car! al Improvement Program should continually support bikeways and pedestrianways. As these trails are not included in the C.I.P., They should be added as an r additional line item. Preferably they will be added to the current budget without impacting existing projects. At a minimum, the trail system should be funded at a constant annual i level. Steady funding lends the project credibility and ensures that the project will be viewed more favorably by federal and other monetary granting agencies. In addition, the trail system should be included in the planning stage. This would be achieved by implementing the program with the five-year C.I.P. plans. B. Federal and State Grants A variety of state and federal monies may be available for trail construction. Possible federal funding sources include CDBG (Community Development Block Grant), ISTEA (Intermodal Surface Transportation Efficiency Act), and Syms National Recreational Trails Act. I 22 Aoertda No _ 93 - r 6 y_, Aoendalta t_~ flats---- z 9.3 1. CDBC: These funds may be used to construct trails in depressed areas where 513_~~{67~ percent of the popul.,+ion fails below 80 percent of the area median income listed for l/ the Dallas Metropolitan Statistical Area. Application for these funds must be made by January and funds may be approved by Council in May, with funds awarded by August or September. 2. ISTEA: This new federal legislation may make some funds available for bicycle and pedestrian trail systems. There are four categories that may be used to help fund i trails. These are MIS (National Highway System), STP (Surface Transportation Project), Congestion Mitigation and Air Qwdity, and Enhancement Funds. Due to the newness of the ISTEA legislation, the state has not as yet determined the specifics of these funding sources. They are currently establishing application guidelines and are determining the amounts to allocate to each program. A conversation with Sandy Wesch•Schultr, State Department of Transportation Bicycle Coordinator for the north Texas region, revealed that ISTEA funding is extremely broad and bicycle and pedestrian transportation projects would have to compete on a state-wide basis with other transportation projects. 3. Syms Nallonal Recreational Trails Act: This act provides funding for trails within greenway areas. These may be used to develop trails in greenways and easements. They are administered through National Parks and Wildlife. 4. Section 402 Funds: These provide 100 percent funding for safety programs. These may be used to fund trail intersections where cyclists, pedestrians, and motor-vehicles come Into conflict. An example is at Teasley Lane and 1.35, where pedestrians and 23 ti AQendiNo Agenda I cyclists may want to cross I.35 to get to the planned Sout; Lake Park. ✓~~2J ~P0 S. rederal Illghway Administration: The Federal Highway Act (1973) made availllaable $40-million for the nation. A maximum of $2-million for Texas, for bikeway and pedestrian projects was approved. 6. Land and Rater Conservation rund Act: A federal grant administered by the State ` which provides 30 percent of funds allocates' for nonmotorized uses, 30 percent for motorized uses and the remaining 40 percent for trail uses. The'rexas Bicycle Coalition in Austin can facilitate applying for a grant under these acts. The Rails-to-Trails organization, in Washington D.C., offers assistance on converting old transportation corridors to bicycle-pedestrian use. IX. INTEGRATION WITH SUBDIVISION REGULATIONS To ensure the development of a comprehensive trail system, trail plan requirements need to be added to the existing Subdivision Regulations. Integration with the regulations consists of land dedication and construction requirements. The plan should be integrated by adding the following Subdivision Regulation provisions: Section 34.114. Streets. (18) Bicycle/Pedesirianways (a) The following requirements are adopted for the purpose of ensuring that each development lying adjacent to a trail corridor as identified by the Trail Plan provides for the trails necessary to serve pedestrian and bicycle traffic to, from or across the development. (b) All such developments shall, within a dedicateiI right-of-way, provide trails along one (1) side of at; perimeter streets unless the troperty is zoned for single-family residential use. 24 l AwdaND Apentla iterrLl~ i~,.,,~,_ (e) The Planning and Zoning Commission may approve a comprehensive trail plarL4,"; /(L The trail plan should provide adequate bicycle and pedestrian access to schools, l recreational facilities, packs, ndjacent shopping and employment centers and connect with existing or planned pedestrian and bicycle facilities. (d) Trails required by this section shall be placed and constructed according to the specifications set forth in the Trail Plan. Trails shall be constructed of materials suitable to the intended use of the trail and shall be approved by the City Engineer if: r i 1. The material and construction methods used would provide a safe trail for walking and/or bicycling that is harmonious with the surrounding environment and is as durable, maintainable, safe and is as adequate as one made of concrete. i 2. The trail would be more environmentally desirable or more in keeping with the overall design of the development. (e) Where the developer would otherwise be required to improve an existing unimproved perimeter street to any city specifications elects to pay the City the cost of the required improvements as provided for in subsection (5)b.2, of this section, the developer may likewise elect to pay to the City the cost of any required trail improvements for that street. If the money paid for the trail Improvements is not used for that purpose within five ~5) years of payment, the funds shall be returned to the person making the improvements. X. FDUCATIO,Y A trail system, once in place, can be an accident waiting to happen. 11 can be a constant safety and maintenance headache or it can be a tremendous magnet attracting new activities and residents. One major key to a trail system's success is educ..tlon, Merely building it and letting fate take over invites disaster. Educational programs need to be instituted as well. Children up to approximately age 10 would benefit from basic instruction in rules of the road, bike maintenance, and pedestrian safety. A structured education system would also give law enforcement officials an opportunity to register bicycles. This instruction could be given by h special cadre of police officers, at elementary schools. Adults need such instruction too. Since a bicycle education program would be strictly 25 Agenda No~~ R~te_~ 1LL~' 3~ voluntary, classes would have to be made readily available and some incentives would have J to be provided to attrnct participants. Suggestions offered are free classes at recreational centers, churches and police stations - classes offered by or through bicycle retailers -and defensive driving-type classes that are mandatory when a hicycle-related offense is committed. X1. LAND ACQUISITION I 1 Additional dedicated land will be required to develop a comprehensive bicycle and pedestrian trail system. Acquisition methods may include land dedication front future developments, land donation, fee simple purchase, condemnation, and easement dedication/purchase. Developers are currently required to dedicate sidewalk, utility, access and other various casements. The city may require developers to dedicate bicycle easements as well. Dedication would be intended to develop a link of continuous trails throughout the city. 'thought should be given to adopting regulations that require developers to pave the trails as well as dedicate easements. Dedicated property would preferably be what developers consider "unusable land." This includes property not suitable for development, primarily property within flood plains. Fee simple purchase may also be used. In this case, the city would purchase property necessary for constructing continuous trails. A prime example is the Londonderry Lane area. With the new park on Teasley, the city might consider purchasing vacant land along Londonderry to provide for trails from the many multifamily and single-family dwellings in the area. 26 AQendeNo ____~ZLAZff- Ap3ndaltem_,-~~ Date The city might also utilize condemnation to acquire suitable land. In this caseth~ ci ~L would condemn property and purchase it at fair market value. This may be an option77oE ast resort since it would probably invoke a strong negative political climate. In addition, other ncquisition techniques could be employed since the city would be primarily interested in acquiring narrow, elongated strips of land. ~l Easement purchase is a fourth land acquisition technique suitable for bicycle and pedestrian trails. In this case, the city would purchase casements specifically for the use of cyclists and pedestrians. These purchases could be used for either recreational or utilitarian trails. Land acquisition is vital to this plan. Consequently, citizen and local industry input is extremely important. XI. PARKING Bicycle commuters need somewhere to tra•:z; to. Consequently, bicycle parking regulations need to be devised and implemented. This will require working with local businesses to establish reserved parking areas for bicycles only. In addition, these regulations need to be established for future developments. The City of Dallas has developed bicycle parking requirements based on land use and square footage of buildings on site. A similar course of action is recommended for the City of Denton. As with easement dedication, this will probably be an area of contention since it will result In increased development requirements and more expenses for local business since they will have to modify their existing structures. 27 A090aNo_ 9.3-ois Apantfaltent.__!l ~ ~ 7 _ XIL PROJECT PRIORITIES AND SUGGESTED TIME TABLE DHI®"`'~~ 2~ The trails network will be constructed incrementally. The City will Implement a "miOe - year" program where at least one mile of trail will be built annually. Priority areas will be determined according to community need as determined through a community-wide media survey; construction and land acquisition costs; existing infrastructure; and specific points of r interest like schools, parks, shopping centers, and employment centers. In the initial phasing, emphasis will be given to establishing major north/south and east/west trail corridors. Special attention needs to be given to providing balanced trail growth throughout the community to ensure that each citizen will have equitable trail access. 28 ti ApondttNo -~?is opertdall, BIBLIOGRAPIiY f131e__a / 9~3 AASIITO Task Force on Geometric Design, August 1991, Guide for Q4velupment of rc ~cle Fa ilit'es, American Association of State Highway and Transportation Officials: Washington, D.C. Austin Bicycle Safety and Mobility Task Force, April 1992, final o Ren r!. Austin, Texas. Bright, Glise bf. 1990, Tactics or P ese ing Ope Space: Su arkla d Ac ulsitio A r<ev and Analysis of rechni ue Institute of Urban Studies: Arlington. University of Texas at ' Carr, Michael. 19,46-1'resem. Personal Interviews. City of Dallas Bicycle Planner: City of Dallas, Carpenter, Jot. 1981. Liandbook of l andsrtne rchitectural Construct Landscape Architecture Foundation. City of College Station. 1990. 3ikewa tan, College Station, Texas. City of Davis, 1990. 3ik wa Plaar, Davis, California. { City of Desoto, 1987. Park and creation Pinar. Desoto, Texas. i City of Milwaukee. 1990. Bikeway ply, Milwaukee, Wisconsin, Douglas, Paul, 1992. Persona Interview. State Bicycle Coordinator: Austin, Texas, Farbsteln, Jay and Wener, Richard. 1992. Connect m'-C-Leatin~ Urban L'xcetlP 1' Bruner Foundation: New York. ace. Forester, John. 1978, cy' Transpoanon, Vantage Press. Gandy, Charles, 1992. Personal Interview. Executive Director of Texas Bicycle Network. Holland, Joe. 1991. Personal Interview. Owner: Denton Bicycle Center, Denton, Texas. Jarrell, Temple. 1974. Dikeways_Design • Construction • Programs, National Recreation and Park Association. National Park Service, Rivers and Trails Conservation Assistance, 1990. pc~ o omic Imnactc LL Protecting Rivers Traila and Greenwa Corridor. U.S. Government Priming Office: Washington, D.C. M 1 AgandaNo L~/.S Agefdallt;Ktt ~S _ kwa tee Z Town of Blacksburg. 1989, Blac sb & Bikeway and Wai Date Blacksburg, Virginia. p~' ToY o vU.S. Department of Commerce, Bureau of the Census, 1985. American I fous(n Sune Wood, Tom. 1992, Pelson s Inte -iew. Sergeant, Denton Police Department, r E~ 1 Appendix A Ag9nd8ND~_.~.~ ltertL_ Agenda Date Guide for the Development of Bicycle Facilities i J August 1991 ~~~llBllYlr~, Prepared by the AASH7'O'1'ask Force on Geometric Design Published by the American Association of State 191 1 Highway and'rransportation Officials AQendaNo , 9,~_: O~_. Agenda WL--~GL)6 In general, a lane width of 14 feet (4.3 m) of usable width is desired. Usable width would normally be from curb face to lane stripe, or from edge line to lane stripe, but adjustments need to be made for drainage grates, parking, and longitudinal ridges between pavement and gutter sections, Widths greater than 14 feet (4.3 m) may encourage the undesirable operation of two motor vehicles in one lane, especially in urban areas, and consideration should be given to striping as a bicycle lane when wider widths exist. Restriping to provide wide curb lanes may also be considered on some existing multi-lane facilities by making the remaining travel lanes and left turn lanes narrower.'fhis should only be performed after careful review of traffic characteristics along the corridor. I ■ [Bicycle Routes It may be advantageous to sign some urban and rural roadways as bicycle routes. When providing continuity to other bicycle facilities, a bicycle route can be relatively short. lfowever, a bicycle touring route can be quite long. For long bicycle routes, a standard bicycle route marker with a numerical designation in accordance with the ltfUTCD can be used In place of a bicycle route sign.'Ihe number may correspond to a parallel higi,way, Indicating the route is a preferred alternate route for bicyclists. It is often desirable to use supplemental plaques with bicycle route signs or markers to furnish additional information, such as direction changes in the route and intermediate range distance and destination information. Bicycle route signing should not end at a barrier. Information directing the bicyclist around the barrier should be provided. Overall, the decision whether to provide a bicycle route should be based on the advisability of encouraging bicycle use on a particular road, instead of or. parallel and adjacent highways. The roadway width, along with factors such as the volume, speed, and type of traffic, parking conditions, grade, and sight distance should be considered when deternining the feasibility of a bicycle route. Generally, bicycle traffic cannot be diverted to a less direct alternate route unless the favorable factors outweigh the inconvenience to the bicyclist. Roadway improvements, such as adequate pavement width, drainage grates, railroad crossings, pavement smoothness, maintenance schedules, and signals responsive to bicycles, should always be considered before a roadway is identified as a bicycle route. Further guidance on signing bicycle routes is provided in the MUTCO. rs keodeti'o :,Iu _.._WA_ l' Figure 3, Bicycle Lane Afnrkingt, :s I 71 ~I ■ 1licycle Lanes Bicycle lanes can be considered when it is desirable to delineate available road space for preferential use by bicyclists and motorists, and to provide for more predictable movements by each. Bicycle lane markings, as exemplified in Figure 2, can increase a bicyclist's confidence in li motorists not straying into his/her path of travel. Likewise, passing motorists are less likely to swerve to the left out of their la,ile to avoid bicyclists on their right. Bicycle lanes should always be one-way facilities and carry traffic in the same direction as adjacent motor vehicle traffic. Two-way bicycle lanes on one side of the roadway are unacceptable because they promote riding against the flow of motor vehicle traffic, Wrong-way riding is a major cause of bicycle accidents and violates the Rules of the Road stated in the Uniform Vehicle Code. Bicycle lanes c.i one-way streets should be on the right side of the street, except in areas where a bicycle lane on the left will decrease the number of conflicts (e.g., those caused by heavy bus traffic). 16 Nelda No ApeAdd119R1___(.~~ ~ ~ fete L S-/~ -5 fot CURBED STREET WITH PARKING Ta111~Ti~1S~','~1Z1711S117QIII4~IIIIIL~TITIIfII.~ _-~lllll~ I PQr~lng B1ke color Vohlcie lane! Blke T POrkl Lone Lone IbICURBEO STREET WITHOUT PARKING Q I ' ' ~ ~T S X14 I 1 T 1 S 11111T 11115 P I IId1lID 7llll J 71111 m m, - ~ - ` y Imin, I linlr%1 I Imin.f A+ofor Vehlcie lanes - _ r imin,o 81ke Blke Lone Lone W STREET OR HIGHWAY WITHOUt CURB OR GUTTER tt" Imin,l aafor vehlcre lanes Imin,) - Btke B1ke Toro, Lone Mot }o Scalel (Nefrla COrnenlon, I Fh 3 m 1 1 Figure 3. 7)plcal Ricycle Lane Cr•orr Scctlan r, 17 I ti AoardaNo Rpenda~tem_r_._4L IJ . c. ■ Bicycle Lane Widihs r Under ideal conditions, the minimum bicycle lane width is 4 feet (1.2 M). However, certain edge conditions dictate additional desirable bicycla lane width. To examine the width requirements for bicycle lanes, Figure 3 shows three usual locations for such facilities in relation to the roadway. Figure 3(a) depicts bicycle lanes on an urban curbed street where a parking lane is provided. The recommended bicycle lane width for this location is 5 feet (1.5 m). Bicycle lanes should always be placed between the parking lane and the motor vehicle lanes. Bicycle lanes between the curb and the parking lane can create obstacles for bicyclists from opening car doors and poor visibility at Intersections and driveways, and they prohibit bicyclists from making left turns; therefore this placement should not be considered. Where parking Is permitted but a parking lane is not provided, the combination lane, intended for both motor vehicle parking and bicycle use, should be a minimum of 12 feet (3.7 m) wide. However, if it is likely the combination lane will be used as an additional motor vehicle lane, it is preferable to designate separate parking and bicycle lanes as shown In Figure 3(a). In both instances, if parking volume is substantial or turnover is high, an additional 1 or 2 feet (0.3 or 0.6 m) of width is desirable for safe bicycle operation. Figure 3(b) depicts bicycle lanes along the outer portions of an urban curbed street where parking is prohibited. Bicyclists do not generally ride near a curb because of the possibility of debris, of hitting a pedal on the curb, of an uneven longitudinal joint, or of a steeper cross slope. Bicycle lanes In this location should have a minimum width of 5 feet (1.5 m) from the curb face. If the longitudinal joint between the gutter pan and the roadway surface Is uneven and falls within 5 feet (1.5 m) of the curb face, a minimum of 4 feet (1.3 m) should be provided between the joint and the motor vehicle lanes. Figure 3(c) depicts bicycle lanes on a highway without curb or gutter. Bicycle lanes should be tocated between the motor vehicle lanes and the roadway shoulders. Bicycle lanes may have a minimum width of 4 feet (1.2 m), where the shoulder can provide additional maneuvering width. A width of 5 feet (1.5 m) or greater is preferable, additional widths are desirable where substantial truck traffic is present, or where vehicle speeds exceed 35 mph (55 km/h). ■ Intersections With Bicycle Lanes Bicycle lanes tend to complicate both bicycle and motor vehicle turning movements at intersections. Because they encourage bicyclists to keep to the right and motorists to keep to the left, both operators are somewhat discouraged front merging in advance of turns. Thus, some 18 tt~,j er~da!teiR Figure 4. .t- ns Markings f ~r Bicycle14ne Merge in Advance ofIntersccdon. ,1 , ,v'xi`hT ,S Y a ~a ~+1Ks r~ si { bicyclists will begin left turns from the right side bicycle lane and sonic mutorists will begin right turns from the left of the bicycle lane. Both maneuvers are contrary to established Rules of the Road and result in conflicts. At intersections, bicyclists proceeding straight through and motorists turning right must cross paths. Striping and signing configurations which encourage these crossings in advance of the intersection, in a merging fashion, are preferable to those that force the crossing in the immediate vicinity of the intersection. One example of such a configuration is given in figure 4. To a lesser extent, the same is true for left turning bicyclists; however, in this maneuver, most vehicle codes allow the bicyclist the option of making either a "vehicular style" left turn (where the bicyclist merges leftward to the same lane used for motor vehicle left turns) or a "pedestrian style" left turn (where the bicyclist proceeds straight through the intersection, turns left at the far side, then proceeds across the intersection again on the cross street). Figure 5 presents examples of details on pavement markings for bicycle lanes approaching motorist right-torn-only lanes. Where there are numerous left turning bicyclists, a separate turning lane, as indicated in the AIVIVD, should be considered. The design of bicycle lanes should also include appropriate signing at intersections to reduce the number of conflicts. General guidance for pavement marking of bicycle lanes is contained in the AIMCD. Adequate pavement surface, bicycle-safe grate inlets, safe railroad crossings, and traffic signals responsive to bicycles should always be provided on roadways where bicycle lanes are being designated. Raised pavement markings and raised barriers can cause steering difficulties for bicyclists and should not be used to delineate bicycle lanes. 19 AgerdaNo 1 I Pad. CroSSinq PGAI, CrO Sq- I --ly e A Ootlor.$k"d Sfr%,& y uNot s.ca w a ded • If ll 4 I olll~ •hwo a brq r10nf dr al of ~ T I~n ar, lu. or I tine 40.4 fvn larva I I a.laf. I I ! ! ! ! s ",pwo i I ~1 Wcl Craf. ! rolf apa♦ la arallQ,& I 7 r ! { Iaf o-ooDb o+'n i ` I 1 +1+ RIGHT-TURN-ONLY LANE PARKING LANE BECOMES RIGHT-TURN-ONLY LANE (Not f0 SCOIeI (Metric Conversion, I Fe, • 0.3 6 `Pod. Crossing _ Pod. Crossing I I I ~'Y°louun of 4 „a I ! ~ o'" tyoloal Do tN of I ! fnrovp Dlcyalal, I I I . b y0aca la I I 14 I a.anoWe, i I II Ise j ~ T o-oD bb's le,,. I I I ! \ Itrjo wwneorly I ~ ! ~ e.aler„faa a OPTIONAL DOUBLE RIGHT LANE BECOMES RIGHT-TURN-ONLY LANE RIGHT-TURN-ONLY LANE Figure Bicycle LancsApproaching Alow Vchicles RighbTarn•Only Lanes. 20 Bier cle Paths 1 Bicycle paths are facilities on exclusive rights of way and a ith minimal cross flow by , motor vehicles. Bicycle paths can serve a variety of purposes. They can provide a commuting ' bicyclist with a shortcut through a residential neighborhood (e.g., a connection between two cul-de-sac streets). Located in a park, they can provide an enjoyable recreational opportunity. Bicycle paths can be locaicd along abandoned railroad rights of way, the banks of rivers, and other similar areas. Bicycle paths can also provide bicycle access to areas that are otherwise served only by Iimited access highways closed to bicycles. Appropriate locations can be identified d, ring the planning process, Examples of bicycle paths are shown in Figure 6 and Figure 7. I Bicycle paths should be thought of as extensions of the highway system that are intended for the exclusive or preferential use of bicycles in much the same way as freeways are intended for the exclusive or preferential use of motor vehicles.'rhere are many similarities between the design criteria for bicycle paths and those for highways (e.g., in detennining l `t horizontal alignment, sight distance l requirements, signing, and markings). On the other hand, some criteria (e.g,, horizontal and vertical clearance requirements grades, and pavement structure) are dictated by operating characteristics of bicycles that are substantially different from those )f motor vehicles. The designer should always be conscious of the similarities and the differences between bicycles and motor vehicles and of how these similarities and differences influence the design of bicycle paths. The following sections provide guidance for designing a safe and functional bicycle path. f. Flgurcb, EuunpleofBic) clePath, 21 Agenr!zIlemr_? rkile '_/_v~ ~ y Figure 7, j F. rample of Bic) cle Path. , I ~h W I i ■ Separation Between Bicycle Paths and Roadways When two-way bike paths are located immediately adjacent to a roadway, some operational problems may occur. Some problems with bike paths located immediately adjacent to roadways are as follows: 1. Unless paired, they require one direction of bicycle traffic to ride against motor vehicle traffic, contrary to normal Rules of the Road. 2, When the bicycle path ends, bicyclists going against traffic will tend to continue to travel on the wrong side of the street, likewise, bicyclists approaching a bicycle path often travel on the wrong side orthe street in getting to die path. Wrong-way travel by bicyclists is a major cause of bicycle/automobile accidents and should be discouraged at every opportunity, 3. At Intersections, motorists entering orcrossing the roadway often will not notice bicyclists coming from their right, as they are not expecting contra-flow vehicles, Evcn bicyclists coming from the left orien go unnoticed, especially when sight distances are poor. 4. When constructed In narrow roadway right of way, the shoulder is often sacrificed, thereby decreasing safety for motorists and bicyclists using the roadway. 22 Apendailtlrrt...~~1,~ ••_'1___. .SCE ~ ~z 5, Many bicyclists will use the roadway instead of the bicycle path because they have found the G' roadway to be safer, more convenient, or better maintained. Bicyclists using the roadway are often subjected to harassment by motorists who feet that in all cases bicyclists should be on the i path instead, 6. Bicyclists using the bicycle path generally are required to stop or yield at all cross streets and driveways, while bicyclists using the roadway usually have priority over cross traffic, because they have the same right of way as motorists, 7. Stopped cross street motor vehicle traffic or vehicles exiting side streets ordriveways may block the path crossing, 8. Because of the closeness of motor vehicle traffic to opposing bicycle traffic, barriers are often necessary to keep motor vehicles out of bicycle paths and blcyclistsout of traffic lanes. These barriers can represent an obstruction to bicyclists and motorists, can complicate maintenance of the facility, and can cause other problems as well. For the above seasons, bicycle lanes, wide curb lanes or shared roadways may be the best way to accommodate bicycle traffic along highway corridors depending upon traffic conditions. ■ Width and Clearance The paved width and the operating width required for a bicycle path are primary design considerations. Figure 8 depicts a bicycle path on a separated right of way. Under most conditions, a recommended all paved width for a two-directional bicycle path is 10 feet (3 m). In some instances, however, a minimum of 8 feet (2.4 m) can be adequate. This minimum should be used only where the following conditions prevail; (1) bicycle traffic is expected to be low, even on peak days or during peak hours (2) pedestrian use of the facility is not expected to be more than occasional, (3) there will be good horizontal and vertical alignment providing safe and frequent passing opportunities, (4) the path will not be subjected to maintenance vehicle loading conditions that would cause pavement edge damage. Under certain conditions it may be necessary or desirable to increase the width of a bicycle path to 12 feet (3.7 m); for example, because of substantial bicycle volume, probable shared use with Joggers and other pedestrians, use by large maintenance vehicles, steep grades and where bicyclists will be likely to ride two abreast. The minimum width of a one-directional bicycle path is 5 feet (1.5 m). It should be recognized, however, that one-way bicycle paths often will be used as two-way facilities unless effective measures are taken to assure one-way operation. Without such enforcement, it should be assumed that bicycle paths will be used as two-way facilities and designed accordingly. r 23 Agenda No Apendallsm,Z V-,:~~ BICYCLE PATH ON SEPARATED v RIGHT-CF-WAY 10, 1 by • ' 01, . a+ 2%s (min).: w~ r rs - e(min) .--5'ore'minwIdth 2,(min)~. Graded Paved Graded *One-Way 5',MlnimumWidth Two-W0y'8 Minimum Width MetrieConversion tit.•Olm. (Nor le stale) Figure 8. A minimum of 2-foot (0.6 m) width graded area should be maintained adjacent to both sides of the pavement; however, 3 feet (0.9 m) or more is desirable to provide clearance from j trees, poles, walls, Ponces, guardrails, or their lateral obstructions. A wider graded area on either side of the bicycle path can serve as a separate jogging path. A wide separation between a bicycle path and adjacent highway is desirable to confinn to both the bicyclist and the motorist that the bicycle path functions as an independent highway for bicycles. When this is not possible and the distance between the edge of the roadway and the bicycle path is less than 5 feet (1.5 m), a suhable physical divider may be considered. Such dividers serve both to prevent bicyclists from making unwanted movements between the path and the highway shoulder and to reinforce the concept that the bicycle path is an independent facility. Where used, the divider should be a minimum of 4.5 feet (1.4 m) high, to prevent bicyclists from toppling over it, and it should be designed so that it does not become an r obstruction in itself. 24 e AMA No agent5ah ' _ ✓r, U z-Z The vertical clearance to obstructions should be a minimum of 8 feet (2.4 m). However, U vertical clearance may need to be greater to permit passage of maintenance vehicles and, in undercrossings and tunnels, a clearance of 10 feet (3 m) is desirable for adequate vertical shy distance. ■ Design Speed r The speed that a bicyclist travels is dependent on several factors, including the type and condition of the bicycle, the purpose of the trip, the condition and location of the bicycle path, the speed and direction of the wind, and the physical condition of the bicyclist. Bicycle paths should be designed for a selected speed that is at least as high as the preferred speed of the faster bicyclists. In general, a minimum design speed of 20 mph (32 km/h) should be used; however, when the grade exceeds 4 percent, or where strong prevailing tailwinds exist, a design speed of 30 mph (48 km/h) is advisable. On unpaved paths, where bicyclists tend to ride slower, a lower design speed of 15 mph (24 km/h) can be used. Similarly, where the grades or the prevailing winds dictate, a higher design speed of 25 mph (40 km/h) can be used. Since bicycles have a higher tendency to skid on unpaved surfaces, horizontal curvature design should take into account lower coefficients of friction. ■ Horizontal Alignment and Superelevadon The minimum radius of curvature negotiable by a bicycle is a function of the superelevation rate of the bicycle path surface, the coefficient of friction between the bicycle tires and the bicycle path surface, and the speed of the bicycle. The minimum design radius of curvature can be derived from the following formula: 2 R 15 (e+n where: R = Minimum radius of curvature (A), V = Design Speed (mph), e = Rateofsuperelevation, f = Coefficlentoffriction. 2S J Agenda No __1~ - D/5 + Agendallaq__L~j Appendix B 0a1e c~~v G 2i Trail Plan Correspondence with the Denton Development Plan Chapter 11: The Plan A. Coals and Objectives 7. Encourage a spatial pattern of land use development which reduces the cost of public services and infrastructure. 9. Protection of residential neighborhoods from the intrusion of incompatible land uses, traffic, noise and pollution. 10. Improve the design, image and character of the city by preserving existing vegetation and natural topography and encouraging adequate landscaping in new do%elopments. 12. Promote land use diversity to encourage housing and community facilities in close proximity to employment centers. B. Long Range Plan 3. Urban Form and Structure C. Law Intensity Areas All the other areas shown on the concept plan and not included in the centers outlined above are intended to be used primarily for single family residential developments, At the neighborhood level, the plan Incorporates a network of small commercial/retail centers with direct access to a collector type street or larger thoroughfare. (Direct people through residential streets.) 4. Thoroughfare Network The proposed land use pattern will be served by an updated thoroughfare network. The thoroughfare system has been designed so as to provide greater capacities to locations which have been designated by the plan to generate long-term higher tr,nffic volumes. (Follows the thoroughfare concept of the Trail Plan.) 1 ~endaNo S. 2010 Development Program (a new definition of need) .:~"y l/ 6Z~ i The phasing of land use developments and scheduling of public infrastructures and community services and facilities over the plan period in accordance with the goals, objectives and policies of this plan will be incorporated into a 2010 city wide development program. The implementation schedule for public infrastructures is to be used as the basis for defining planned needs. (Include the Trail Plan construction in the 2010 Development Program.) Chapter Ill: Development Policies B. Intensity Area Policies 1. Major Activity Centers i a. Purpose and Intent 2. Ensure that adequate public infrastructure to support these centers is available. Major roads, utilities and other public expenditures should be built and encouraged in this area either through Capital Improvement Programs or private funding. C. Specific Center Characteristics 1. Southern Urban Center and Northern Urban Center The Northern and Southern Urban Centers are intended to have a commercial and industrial emphasis, and to encourage a mixture of employment and high density residential uses. (Trail plan provides for commuters traveling to employment ! centers. Provide "hub" approach.) 3. Central Urban Center ~h This Plan recognizes the unique aspects of the original downtown area as a special purpose high intensity center. A priority policy of the Plan is the continued support of the downtown area. As part of a program initiated by a Central r Business District Association, the City would support public expenditures In an effort to upgrade and preserve the area. Innovative programs, with emphasis on pedestrian traffic within the downtown area while developing perimeter parking should be explored. (What has been done to explore the perimeter parking situation? Area Is not pedestrian and bicycle friendly.) 2 A apenaa No Agenda Ilemlg~0,5 (2319 ~ 2. Moderate Activity Centers Kz, d. Diversity Land use diversity will be encouraged in moderate activity centers to promote the following: . A sense of "my part of town" (the village center concept) Intensity on land use gradation - Transportation/land use balance (reduction of cross-town traffic) - Location of jobs and housing in close proximity (Trails will help foster these four things. They bring people out into the community and increase interpersonal contact within the neighborhoods.) 1. Bonus The diversity polity of the plan allows for intensity bonuses for mixed land use developments that include public or nonprofit community type service facilities or uses, such as churches, schools, libraries, fire stations, police stations, parks, open spaces, or governmental offices. To meet the requirements for a bonus, land for the community facility or use must be within the 60 acre designated area of a moderate activity center and ' cannot abut the outer boundary of the center. (Provide developers bonuses for constructing trails. Trails will abut center boundaries. Why the boundary restriction?) A developer may qualify for a bonus by putting a community type facility or designating land use for a community facility at or close to the major intersection of tho moderate node. (Can trails be defined as community type facilities?) g. Strip Commercial 4. Discouraging unsightly and hazardous -rip commercial by requiring sign restrictions, buffering by greenbelts and/or landscaping. (Incorporating trails Into street design should help to discourage unsightly and hazardous V11Vcoma&LcbJ.) 3 4 AQ8Rd8~f6 Agenda 4er,~-,!~_._ 3. Low Intensity Areas GIs-l~ d. Diversity/Neighborhood Protection 1. Strict site plan control within 1,6W feet of existing low density residential areas. Developments must maintain the character of the area with architectural design and landscaping. (Trails go a long way toward preserving and maintaining an area's character, i.e. preservation of natural resources.) 4. Sufficient green space, recreational facilities and diversity of parks are provided. (Trails may be credited toward recreational facilities and diversity of parks.) f. Manufactured (lousing S. Sufficient green space, recreational facilities, etc. provided. (Trails may be credited toward this requirement.) 6. Intensity Amendments C. Effect of this proposal on the overall intensity balance of the City. Intensity areas should be identified where intensity may be reduced (floodplain, parks, highways, etc.) to offset the increase. A study may be necessary to justify the reduction using the same criteria for the original proposal. Land use areas where intensity may be used to offset other land use areas are restricted to land uses In the specific planning area under review and cannot be land uses already accounted for in the intensity formula as outlined in the Technical Appendix to the Denton Development Plan (a separate document). (Developments adjacent to trails will receive additional trip allocations for the developments.) C. (lousing The purpose of the housing policies Is to encourage alternate types of housing that respond to the differing economic and individual lifestyles of Denton's citizens, protect existing and future neighborhood integrity and insure that the overall city-wide intensity policy is maintained. 1. (lousing Diversity b. Emphasis should be given to the development of diversified housing In all sxtors of the city, which also suggests that one housing type should 4 Aoonda No Agendaltea~ We not be concentrated in any one sector of the city. This policy will tend j5J,r/'/Z to promote balanced growth, which provides benefits of balanced land l/ values, better utilization of Infrastructure, more energy efficiency, reduces traffic congestion and provides a sense of community in all areas of the city. (Describes trails to a 'TI") C. Diversified housing patterns should be well planned to insure that all neighborhood integrity is maintained. Examples of planning policies are: 4. Provide for different modes of transportation to be integrated within and between neighborhoods and activity centers. (A major goal of the Trail Plan.) i 3. High Density Housing b. Low Intensity Areas InclMdualized sites or small areas throughout the City would be permitted only if it meets as a minimum the following conditions: 2. Access to pedestrian, bike and public transportation (when available). S. Existing street and other public facilities are adequate including capacity for all modes of transportation. I 4. Apartments, Recreation Facilities and Site Planning E It is recognized that multi-family developments place greater strain on community recreational facilities. The intent of this policy therefore is to encourage apartment complexes to provide adequate open space and other recreation facilities to meet the needs of residents. Apartment complexes of forty-five units and over should provide facilities Including, but not limited to swimming pool and exercise equipment. S. Housing and Neighborhood Preservation d. In reviewing zoning, subdivision, capital improvements and other proposals, existing neighborhoods will be given specific consideration to ensure stability. Compatible redevelopment is encouraged, including the priority expenditure of public funds over newly expanding areas. 5 1 ~eotfaNo_ ZJ-Dis Agindaitem D. Transportation [b s _ /l 1. Purpose and Intent The transportation system is the binding force that ties the land use pattern together. Land use intensity and distribution must be served by a planned transportation system. The major purpose of a long-range thoroughfare plan is to insure that today's incremental decisions not only respond to today's needs, but also contribute towards th, long-range land Use/1'ransportation balance for the City. 2. Long Range Thoroughfare Plan ...The overall basic transportation policy is to provide adequate facilities to meet city-wide mobility needs in the future. This includes auto, bike, scooter, pedestrian, and local and regional mass transit. 3. Thoroughfare Classification d. Collector Streeb ...Collector street design includes consideration for all modes of individual transportation. 6. Mass Transit d. The mass transit system should be integrated with the layout for walking, biking and jogging. 7. Pedestrian and Bicycle The plan recognizes the need to provide greater opportunities to promote and encourage walking and cycling as individual modes of transport. A policy recommendation of the plan is that priority be given to the preparation of a master plan for walking, biking, and jogging paths. The master plan shall include the following guidelines: a. Sidewalks on both sides of most streets except: 1. If it will not tie Into the 20-year pedestrian plan. 2. In cases of unique subdivision design which provides for acreage lots, near pedestrian access. 5 1 f ` Agenda No __Y'. Agcndalre,rLLLCi b. Pedestrian access to all public and communit Pa", ~ / 3 y itil es incTudin commercial sites and parks, particularly neighborhood parks. l C. Inter-connected system of biking and jogging trails to link up with facilities in the parks. K Parks and Recreation 1. Purpose and Intent The plan recognizes the need to provide adequate parks and open spaces for the citizens of Denton for leisure activities and to enhance the quality of life. i The general concepts and policies are intended to provide guidelines for related land use planning and preparation or' a more detailed master plan for parks and recreation. 2. Park Planning Policies and Guldellues a. Neighborhood Parks and Open Spaces 2. Emphasis is given to pedestrian access, including an interconnected system of sidewalks for the entire neighborhood. 3. On-site parking is prohibited and parking along adjacent streets is to be controlled. 4. Recreation and leisure activities should be provided to meet the needs of the neighborhood. League type activities are discouraged, landscaped open spaces, facilities for picnics, walkways, jogging paths, park benches, and playground equipment Including slides and swing sets are to be made availab'e. 7. Civic organizations and neighborhood associations are to be encouraged to accept the responsibility for developing, equipping and enhancing of neighborhood parks and open spaces. b. Community Parks 4. Designed to accommodate biking and jogging trails as part of a master plan for walking, biking, and jogging. 7 Agenda No AgendailerrZ___ZL/, Z/ ~ C. Creenbeit/Linear Parks rhle. s1'_: Z 19 The policy of the plan is that maximum utilization of flood plain areas for parks and open spaces should be encouraged. The general concept is that there should be a continuous belt of open spaces and park land with adequate landscaping so as to provide facilities for organized games, picnics, ball fields, bikeways, hiking, jogging, and pedestrian trails. Their general purpose and uses should include but not be limited to the fallowing: I. Provide natural corridors to connect major sections of the city with continuous bells of park land, 3. Provide a wide range of recreation and leisure facilities, including open space for games and picnics, and biking, hiking and jogging trails as part of the Parks and Recreation master plan. 4. The following locations are recommended: a. Areas along Pecan Creek east of Woodrow Lane to Lake Lewisville, d. Linear parks outside the flood plains interconnecting activity areas with park and open spaces along Carroll Boulevard. d. SchooVPark Sites Neighborhood parks and greenbelt parks are to be integrated whenever possible with a school site, enabling the sharing of public facilities such as playground equipment, play areas, parking area, and open spaces. e. Acquisition of Land for Parks and Public Open Spaces Developers may be required to participate in the provision of parkland to meet needs in accordance with the City of Denton Parks and Recreation Master Plan. In some cases this participation may require the payment of fees In lieu of land. 8 i r+gerttfa ND y__ 3~_ aperuialtemr,,.~v~ Ikte _ _,J_~ G. Urban Design 2. General Policies b. Develop and maintain a system of pedestrian movement which is convenient, safe and pleasant. IL Balanced Growth 1. Purpose and Intent f ...The major determinates of where growth locates ape as follows: { C. Public Community Facilities (Trails may be considered public community facilities.) 3. Related Policies d. Transportation policies are intended to reduce traffic congestion by encouraging a land use pattern which is related to the thoroughfare network. Chapter [Vt Specific Area Policies C. The Downtown Area S. Encourage and provide facilities to Increpse pedestrianization in the Downtown center. D. Major Entrance Ways ...Developments along major entrance ways present the first Impressions of the City to the public eye. The policy of this Plan therefore Is to encourage and promote good urban design to enhance the aethestic quality and visual amenities along entrance ways. The following specific guidelines are required. 1. Development proposals should be reviewed to ensure adequate compliance with standards and requirem-nts Including, but not limited to: h. Pedestrian access. 9 I L Greenbelt Area: The 100-year Flood Plain Greenbelt Goals, Objectives and Policies i 4. Flood plains are our greatest recreational and open space resource. Chapter V. Implementation Policies and Guidelines A. Plan Implementation M 3. Implementation I a. 1010 General CIP Schedule ICI I This program will incorporate the phasing of land use developments and scheduling of public Infrastructures and community services and facilities in accordance with the goals, objectives, and policies of this IM plan.... It will set out the needs for water, sewer, streets, sidewalks, curb, drainage, transportation, parks, recreational open space, 'F educational, fire, police, library, and other community services and facilities for which the City may ultimately assume responsibility for maintenance and operation. I h I k 10 Nom:. !I.~µLa+♦~ra ~ ~I t1/1~»ti~ :j rTTT++tt; I~ ~ •I1I H I11:/., 11111r/. III/I ♦ ♦111I r. ♦IIt. 1111. I.I.. /I• 11. III. III: 111. l I V ,e d ~ ~penQairom /1s o~te 0y,C </y X may 11, 1993 CITY COUNCIL REPORT TO. MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd V. Harrell, City Manager RE: industrial Pretreatment Program Modifications MMENDATIONs RECD No action required. Discussion and update only. SUMMARY: In accordance with the National Pollutant Discharge Elimination System (NPDES) Permit compliance schedule for the Wastewater Treatment Plant discharge, the City of Denton was required to develop Technically Based Local Limits and make any necessary modifications to our pretreatment program within one year of permit issuance. I In January of 1493+ the Environmental Services Division submitted, for Environmental Protection Agency (EPA) approval, the proposed modifications to pretreatment program activities and the associated Sewer Use Ordinance (SUO) changes that reflect the development of technically based discharge limits. The existing SUO was revised to include technical based limits, remove some minor problematic language and better define pretreatment program requirements. The proposed changes have been reviewed by the Legal Department and when approved by EPA will be ready for final Public Utility Board and City Council approval. The EPA's response to our initial program submission is included in Exhibit I. Staff is in the process of i addressing these issues. Once these issues have been resolved, the City must formally approve the proposed SUO (Exhibit II), pretreatment program modifications (Exhibit III) and program funding resolution (Exhibit IV). I agenda No ro~ Nis af PROGRAM/DEPARTMENTS OR GROUPS AFFECTED Citizens of Denton, City of Denton Legal Department, Department of Public Utilities. FISCAL IMPACT The proposed pretreatment program budget for the FY 93-94 is $2090138. It is anticipated that this funding will be adequate for pretreatment program compliance activities. r i Exhibit Ii Letter From EPA i Exhibit II: Summary Of Pretreatment Program Modifications j Exhibit III: Proposed SUO Revisions Exhibit IV: Funding Resolution Prepared byt Respectfully, A 1r ~s /Gltic C Howard Mar in, rector Lloyd V. Harrell, City Man ger Environmental Operations/FA APPROVED BY: J R.E. Nelson, Executive Director Department of Public Utilities FILE3Ct\WP51\CCAGENDA\IPP593 i EXHIBIT I a""A'+,,, UNI'TFI) STATIS ENVIRONNIMI'Al. PROTECTION AGENCY ROSI IlIS RpC3 AV AVENUE DAIJA,c,'IVAAS1s)nL)i1) Agenda No AQendalteftLl4... 511._- 93 Date April 5, 1993 CFRTIFIFD MAIL: RETURN RECEIPT REQUESTED (P J73 362 410) PENN TO. 6W-PT Mr. Jim Coulter Fnvironmental Services Administrator City of Denton 215 E. McKinney Denton, Texas 76701 RE: Proposed Pretreatment Program Modification IIPUFS Permit No. T%0047180 Dear Mr. Coulters Your modifications to the Denton Pretreatment Program were recelved on 1/13/93 And revised on 2/11/93. The submission has been reviewed and determined to be complete and approvable contingent upon incorporation of the minor modifications I faxed to you on 3/16/93 (copy enclosedj. At this time the City should proceed with public notice or (rearing, as necessary, And obtain city Council approval of the modification, once the Council has approved and adopted the o submit rdinance (and other revisions as necessary), the city should official orethe quest tforMmodlficationvofitheDapproved oPretreatment Program. The request must be signed by the NPDES signatory authority. The request must be accompanied by the final attorney's statement 1403.9 (b)(1)) and a resolution of funding/endorsement from the governmental bodies responsible for funding the program. The request should list what modifications were made to the approved program, for example, changes to the ordinance, development of technically based local limits, a complete revision, eto.. Thre* modified of portions of the aproved rogram to be Accompany the request. Pretreatment The r P copies mshould lholudo documents modifications Into largethand reesrlingdbindersjdtheseedoenot fit our files. ti I I Agenda No 9.3 - OlS _ Ageodattem~ Date__ _LL- 3 `'~1 6d~TSi~bn1i b dtC!dle1'"'recfi 4it'raremodsfioat4o i if you have any questions, please contact me at the above address or telephone (214) 655-7539. C 1 itcereIy, Karen tj ck environmental Scientist j Toxics Control Section (6W-p,r) enclosure cel pan Surke, pretreatment Team Leader, Permitting Section, TWC i y agandaNo EXHIBIT II PRETREATMENT PROGRAM MODIFICAT SUMMARY NPDES discharge permit required the development of Technically Based Local Limits. During the permit modification period a number of areas of the pretreatment program needed to be changed to increase program efficiency and effectiveness. The following areas have undergone changes: a Sewer Use Ordinance Definitions Clarification of Significant User Permitting Requirements s Legal Authority 0 Pretreatment Program Changes i Reduction in Sampling Frequency Permitting Procedures e Technically Based Local Limits NAieting Rroposed Arsenic 0.2 .35 Cadmium 0.1 .104 Chromium 1.0 1.75 Copper 1.0 1.35 Cyanide 1.0 0.928 Lead 1.0 1.08 Mercury .005 .0087 Nickel 2.0 1.10 Silver 0.1 0.17 Zinc 2.0 3.5 e Enforcement Response Plan Identified Enforcement for Specific Violations Guidance for Pretreatment Program Personnel i ApandaNo l$IT !II Agenda~teni._ u's.,~ Rate '1 IV. DRAFT WASTEWATER COLLECTION SYSTEM USE ORDINANCE ARTICLE V. DIRECT AND INDIRECT DISCHARGE INTO SANITARY WASTEWATER SYSTEM DIVISION 1. GENERALLY Sec. 26-151. Purpose. The purpose of this article is to regulate and control wa3r-e- water disposal facilities and practices within the city co as to protect the health, welfare and property of its citizens and to ensure that all wastewater disposal facilities and practices are in compliance with state and federal laws, rules and regulations, in- cluding all Federal General Pretreatment Regulations and Federal Categorical Pretreatment Regulations, including t)ze implementation of s Pretreatment Program approved by the U.S. Environmental Protection Agency. Sec. 26-152. Scope. This article shall apply to the direct or indirect discharge of all water-carried wac:tes +.n the city and shall, among other things, provide for the regulation of sewer construction in areas within the jurisdiction of the city, the approval of plans for sewer construction, the quantity and quality of wastewater dis- charged, the degree of wastewater pretreatment required, the is- suance of industrial/commercial wastewater discharge permits and of other miscellaneous permits. (a) Industrial Users within the jurisdiction of this ordin- ance rhall comply with all Federal General Pretreatment regulations and with those Federal Categorical Pretreatment Standards applic- able to each. (Title 40, Chapter 1. Subchapter N barter ana Wy (b) Industrial Users within the jurisdiction of this ordin- ance shall comply with all applicable sections of Chapter 26 of the Texas Water Code. Sao. 26-153. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning; Abnormal strength wastewater means any wastewater having a suspended solid, SOD, COD, chlorine demand or total phosphate concentration in excess of that found in normal strength waste- water. Act means Public Law 92-500, as amended, 33 U.S.C. 5 1251 et seq. as enacted by the United States Congress and known ad the Federal Plater Pollution Control Act or Clean Water Act. Agen0a Item- / I L Approval Authority means Region 6 Administrator of United States Environmental Protection Agency (EPA). Approved Methods means analysis performed in accordance with 40 CFR Part 136, "Guidelines Establishing Test Procedures for the Analysis of Pollutants under the Clean Water Act" and amendments or with any other test Procedures approved by EPA. Authorized Representative of the Users means (1) if the user is acorporationa The President, secretrry, treasurer, or a vice-president of the _corporation in charge of a Principal business function, or any other y, person who Performs similar polio or decision-making functions for the coroorationr or The manager of one or more manufacturing production or Weration facilities employing more than two hu dre fifty (250) Persons or having gross annual sales or expenditures exceeding twenty-five (25) million dollars (in second-quarter 1960 dollars) if authority to sigry documents has been assigned or delegated to the manager in accordance with corporate procedures, S_$1. if the user is a Partnership or ogle Proprietorships a general partner or Proprietor, respectively. 11 If the user is a Federal, State1 or local governmental facilitys a director or highest official appointed or designated to oversee the oDera_tion and Performance of the acti ~ties of the government facility, or their designee, _(II Tit individuals descried in paragraphs 1 thi,)ugh 3 above, mAk, designate another authorized representative if the Authorization in in writin_q the authorization snaoifies the individual or Position responsible for the overall oaeratigp of the facility from which the dischargg originates or having overall reaponsibility for environmental matters for the company, and the written authorization is submitted to the city of DentQrr BUD, means oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty (20) degrees Celsius, expressed in milligrams per liter. Building means any structure used or intended for supporting or sheltering any use or occupancy. Building drain means that part of the piping of a building drainage system which receives the discharge of all soil, waste and PAGE 2 Aq~nd~No ApenQaltiRL-Ltl~ We -_V2 ' YVV other drainage from inside the structure and conveys the drainage to the building service line outside the foundation wall of such i building. Categorical pretreatment standard means any regulation containing. Pollutant discharge limits applicable to a specific category of users as promulgated by the EPA in accordance with section 307(b) and (c) of the Act. (33 U.S.C. S 1317) (40 CFR Chapter 1, Subchapter IT.. Parts 405-471). Chlorine demand means the difference between the amount of chlorine added to water, wastewater or industrial wastes and the amount of residual chlorine remaining at the end of a twenty-minute contact period. COD, denoting chemical oxygen demand, means the measure of the oxygen equivalent of that portion of the organic matter in a sample that is susceptible to oxidation by a strong chemical oxidant. Committee means the environmental appeals committee. Composite sample means a sample that is collected over time formed either by continuous sampling or by mixing discrete samplea. The sample maj-.be composited either as a time composite a mplei ) composed of discrete sample aliquots collected in one container at constant time Intervals providing representative samples irrespective of stream-flow; or as a -flow proportional composite samples collected either as a constant sample volume at time intervals proportional to stream flow, or collected by increasing the volume of_each aliwot as the flow increases while maintaining A .-constant time interval between the aliquots, Control Authority means the City of Denton acting by and through its Director of Public Utilities. I Control manhole means an opening giving access to a service j line at some point before the service line discharges to the wastewater system. Cooling water means the water discharged from any system of Ih condensation such as air conditioning, cooling or refrigeration. k Daily Maximum Limit means the maximum allowable discharge of pollutant during a calendar day. The daily discharge is the arithmetic average measurement of the pollutant concentration derived from all reasurements taken that day. r Direct discharge means the conveyance of wastewater from a service line uninterrupted to a city public sewer. PAGE 3 r t+penda No 93 -D /S AQeoOa}1er~i,.. _~S Domestic user means a source of the introduction of pollutants into a POTW from any source not regulated under Section 307(b), (c), or (d) of the Act. Dry closet means an indoor room or an outdoor privy used as a toilet, but lacking water for conveyance of waste. r EPA means the United States Environmental Protection Agency or its successor agencies. Executive Director of Utilities means the chief executive officer of the utilities department of the city or his authorized deputy, agent or representative. Flow rate means the quantity of wastewater that flows past a particular point in a certain period of time. Grab sample means a sample which is taken from a wastestream without ;tcyard to the flow in the wastestream and over a period of time not to exceed fifteen (15) minutes. .Indirect discharge means the conveyance of wastewater to a public sewer by any means other than direct discharge. 1,:-;a trial/commercial user means any nondomestie source discharging pollutants to the City of Denton POTW which is not a significant industrial user. Industrial/commercial wastewater discharge permit, referred to in this articla as "industrial/commercial discharge permit," means a permit required of a significant industrial user to deposit or discharge waste into any wastewater system under jurisdiction of the city. Industrial/commercial wastewater surcharge means a charge, as set forth in this Code, levied on industrial /commercial users of the sewage treatment works for the additional costs of treating wastewater discharges of abnormal strength wastewater. Interfere means inhibition or disruption of the wastewater system which contributes to a violation of any requirement of this article. Interference means a discharge, which alone or in coniunction with a discharge or discharges from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its is udge processes, use or disposals and therefore, is a cause o_e rAolation of the City of Denton's NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory/regulatory provisions or permits issued PAGE 4 Agenda Na 93 - D/,r _ Agenda Ilem--ZL.6 ¢ { Date_ thereunder, or any more stringent State or local regulations: Section 405 of the Act; the Solid Waste Disposal Act, includinct Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act: the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act. May means that the possibility or likelihood of response exists; discretionary action. I mg/l means milligrams per liter. I Natural outlet means any outlet into a watercourse, ditch, lake or other body of surface water or groundwater. New Source means: (1) any buildinqt structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that: ,a, The building, structure, facility, or installation is constructed a site at which no other source if located; or The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing sources or c) The production or wastewater generating processes of the building. structure, facility, or installation are substantially independent of an existing source at the same site. In determining whether these are substantial independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered. Construction on a site at which an existing source is located results in a modification rather than -a new source if the construction does not create a new building, atructure. facility, or installation meeting the criteria of Section (1) (b) or (c) above but otherwise alters, replaces, or adds to existing process or production equipment. PAGE. 5 , FQenda No `/3 -v i4L Agenda llerr~~sL ' -L31 Construction of a new source as defined undo- this paragraph has commenced if the owner or operator has: i 1aA Begun, or caused to begin as part of a continuous onsite construction program .L1. any Placement assembly, or installation of facilities or equipment; or 1 (ii) significant site preparation work includina clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the Placement assembly, or installation of new source facilities or equipment; or Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in _its operation within a reasonable time. Options to Purchase or contracts which can be terminated or modified without substantial lose and contracts for feasibility, engineering and design studies do not ; constitute a contractual obligation under this paragraph I Normal strength wastewater means wastewater which, when analy- zed by the city, shows by weight a daily average of not more than two thousand eighty-five (2,085) pounds per million gallons (two hundred fifty (250) milligrams per liter) of suspended solids and + two thousand eighty-five (2,085) pounds per million gallons (two hundred fifty (250) milligrams per liter) of BOD end two thousand eighty-five (2,085) pounds per million gallons (two hundred fifty (250) milligrams per liter) of COD and not more than seventy-five and one-tenth (75.1) pounds per million gallonF (nine (9) milli- grams per liter) of chlorine demand and forty-oze and seven-tenths (41.7) pounds per million gallons (five (5) milligrams per liter) of phosphorus and which is otherwise acceptable into a public sewer under the terms of thin article. NPDES permit means the National Pollution Discharge Elimin- ations System (NPDES) permit as issued pursuant to section 402 of the Act (33 U.S.C. 1342). Objectionable waste means any wastewater that can harm either the sewers, wastewater treatment process or equipment, have an adverse effect on the receiving stream or otherwise endanger life, health or property or constitute a nuisance, Pass Throuah means a discharge which exists the POTW into waters of the United States in quantities or c_ortcentrations which alone or in conjunction with a discharge or discharges from her PAGE 6 Awn NO sources is a cause of a violation of an re cruirement of the City of Denton,a NPDES permit including an increase in the magnitude or duration of a violation. - I sociPerson means any individual, firm, company, association, ety, corporation or entity, including a city, county, town, village or wastewater district. This definition includes all Federal State and local governmental entities. i r pH means the degree of acidity or alkalinity of a solution, expressed as the logarithm of the reciprocal of the hydrogen ion concentration in gram equivalents per liter of solution. Point of discharge means any discernible, confined and discrete conveyance or vessel from which wastewater may be discharged into a public waterway or public wastewater system. Polluted water means any water, liquid or gaseous waste con- taining any of the following: soluble or insoluble substances of an organic or inorganic nature; settleable solids that may form sludge deposits; grease and oils; floating solids which may cause unsight- ly appearance; color; phenols and other substances to an extent l which would impart any taste or odor to the receiving stream; and toxic or poisonous substances in suspension, colloidal state, sol- ution or gases. POTW (Publicly Owned Treatment Works) means a treatment works as defined by Section 212 of the Act through which the City of Denton wastewater is collected, stored, treated, recycled or re- claimed. This definition includes all sanitary sewers that convey wastewater to the contracted IOTW treatment plants. For the pur- poses of this Chapter, "POTW" shall also include any sewers that convey wastewater to the POTW from persons outside the City who are, by contract or agreement with the City, and users of the City's wastewater collection system, The term also means the munici alit as defined in Sec ion 502(31 of the Act which has jurisdiction over the Indirect Discharges to and the discharges from such a treatment works. Pretreatment means the reduction of the amount of pollutants the elimination of pollutants. or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of introducing such pollutants into the POTW This reduction or alteration can be obtained by physical chemical, or biological processest by process hangesi or by other ne diluting the concentration of the_pollutanks unless allowed by an applicable pretreatment standard. Pretreatment Standards, National Pretreatment Standard or Stdndards means pretreatment standards shall mean prohibited PAGE 7 v Des Ananda No Agenda item, 4!s txta~lL-9_~ L dischar a standards categorical Pretreatment standards and local limits. Any regulation containing pollutant diecharae limits promulgated by the EPA in accordance with Section 307(b) and (e) of the Act, which applies to Industrial Users. This term incudes prohibitive discharge .limits established pursuant to Sec 403.5. Privy mean3 an outhouse or similar type small building used as a toilet where wastes are either buried on site or collected and disposed of elsewhere. Public nuisance means all sewage human excreta, wastewater, or other organic wastes deposited, stored discharged or exposed in such a way as to be a potential instrument or medium in the transmission of disease to or between any person or persons. Sanitary sewer means a sewer intended to receive domestic wastewater and admissible industrial/commercial wastewater, but to which storm water, surface water and groundwaters are not intentionally admitted. Septic tank means any covered watertight tank not connected to the wastewater system and which is designed for the treatment of wastewater. Septic systems (on-Bite sewerage facilities) means a sewage treatment system which anaerobically treats sewage through the use of septic tanks, subsurface drainfield, and methods used for the disposal of wastewater other than the disposal systems operated under a permit issued by the Texas Water commission. Service line means that part of the horizontal piping of the building drainage system beginning at the outside foundation wall and terminating at its connection with the wastewater system. Sewage means water which contains, or which has been in contact with organic and inorganic contaminants such as human or animal wastes, vegetable matter, cooking fate and creases laundry and dishwashing detergents and other chemical compounds and waste product. Sewer means a pipe or conduit for carrying wastewater. Sewer system means all facilities which are owned by the city for collecting, carrying, treating and disposing of wastewater. i Shall means the obligation or necessi y to reapondl mandatory action, I Significant industrial user means a user of the wastewater system that: PAGE 8 VOM18 No AperW S (1) Discharges twenty-five thousand (25 000) gallons or mre of process wastewater into the wastewater system during a twenty-four (24) hour period; (2) Is regulated by the categorical pretreatment standards; (3) Is found by the city to discharge wastewater which can cause deterioration of the wastewater system facilities or is detrimental to the biological process, either singly or in combination with other contributing wastewater, on the treated wastewater system or upon the quality of the discharge from the wastewater system. I Significant noncompliance means: i ~ (1) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent or more of all of the measurements taken during a sir.-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter; (2) Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC, (3) Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) that the City of Denton determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public); (4) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW's exercise of its emergency authority under provisions of the City of Denton Code of ordinance to halt or prevent such a discharge; (5) Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order to starting construction, completing construction, or attaining final compliance; (6) Failure to provide, within 30 days after the due date, required reports such as baseline monitoring reports, 90- PAGE 9 ti ApeoCaMo _ 9~- D/~ Wte 9-3 day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules; (7) Failure to accurately report noncompliance; (8) Any other violation or group of violations which the City of Denton determines will adversely affect the operation or implementation of the local pretreatment program, Slug means any discharge of wastewater concentration of any given constituent or in quantity of flow for any period longer than I fifteen (15) minutes, more than five (5) times the average twenty- four (24) hour concentration or flow of normal operations of the user in vuestion, Slug load means any pollutant discharge at a flow rate or concentration which could cause a violation of th.e specific prohibitions ender Section 26-187 or 40 CFR 403.5 (b1 to 403.12 Standard industrial classification (SIC) means a classifica- tion pursuant to the Standard Industrial Classification Manual ik;sued by the Executive Office of the President of the United 1 States, Office of Management and Budget, 1972 or latest edition. Standard methods means the latest edition of Standard Methods for the Examination of Water and Wastewater, prepared and published jointly by the American Public Health Association, American Water Works Association and the Water Pollution Control Federation, Storm drain or storm sewer means a public drainage pipe which caries storm water and surface waters and drainage, but is not in- tended to carry wastewater other than unpolluted cooling water. Storm water means rainfall or any other form of excess water which is derived from precipitation. Suspended solids mea,,s solids that either float on the surface of or are in suspension in water, wastewater or other liquids and which are removable by acceptable laboratory procedures as set forth in standard methods. Total dissolved solids means tf,e material left in the vessel after evaporation of a sample and its subsequent drying in an over at a defined temperature. Toxic substance means any substance, whether gaseous, liquid or solid, which, when discharged to the sanitary sewer in suf- ficient concentrations, as determined by the executive director of public utilities, may be hazardous to sewer maintenance and PAGE 10 Agenda No 93 - e)/b- Apendalt4nL Dal( Personnel, tend to interfere with any wastewater treatment process or to constitute a hazard to human beings or animals or to inhibit aquatic life or to create a hazard to recreation in the receiving waters of the effluent from a wastewater treatment plant. Transport truck discharge (TTD) permit shall mean a permit to deposit or discharge septic tank, cesspool or seepage pit wastes into the wastewater system. Trap means a device desi ne remove grease, oil, sand, flammabletwast s ors other harmfulrsub- stances from wastewater before entering the wastewater system. User charge means a charge levied on users of the wastewater system for the capital cost, as well as the operation and mainten- ance of such works, as set forth in this Code. I Waste means rejected, unutilized or superfluous substances in liquid, gaseous or solid form resulting from domestic, agricultural or industrial activities. Wastewater means the water-carried wastes which are discharged into the wastewater system. Water closet means a compartment or room equipped with a toilet that is properly connected to the sanitary sewer and has the means for mechanical discharge. (Code 1966, § 25-132) Cross reference - Definitions and rules of construction generally, § 1-2. Sec. 26-159. Administration. Except as otherwise provided, the executive director of utilities shall administer the provisions of this article. (Code 1966, § 25-133) Sec. 26-155. Procedures for abatement of violations. (a) Notice and order. Whenever the executive director of utilities has determined that any person has violated any provision of this article or that such violation is continuing, reoccurring or may reoccur, he may, in addition to any other remedy provided for in this article, issue a notice and order directing that such violation be correct d or such other order as is necessary to pre- vent the violation from continuing or reoccurring. Such notice and order shall ctate: PAGE 11 ~gendaNo Agenda)torn_ We (1) The nature of the violation and the provisions of this article which have been violated; (2) The corrective action that must be taken to correct or 1 abate the violation; (3) The amount of time within which the violation must be corrected; 1{ r (4) A statement that the person to whom the notice and order are issued may appeal from the notice and order to the environmental appeals committee by filing in writing with the executive director of utilities an appeal and filing fee within ten (10) days of the service of the notice and order; and (5) A statement that failure to comply with the notice and order and failure to file a timely appeal may result in termination of wastewater service. (b) Service of notice and order. Any notice and order issued under this article shall be in writing and served in person or by registered or certified mail on the record user or users of the wastewater system or other persons determined to be responsible for such violation. (c) Appeals. Any person may appeal the notice and order of the executive director of utilities by filing a written notice of appeal with the executive director of utilities on forms provided by the director and by paying a filing fee established by the city council and on file in the office of the city secretary. Such notice of appeal shall be filed and filing fee paid within ten (10) days of service of the order. (d) Termination of service. If no timely appeal and filing fee are filed, the executive director of utilities may, if a viol- ation is continuing or reoccurring or may reoccur, terminate wastewater service to the person ordered to correct or abate such violation if such violation has not been corrected or abated within the time specified in such order. (e) Emergency suspension of service. (1) Suspension. The executive director of utilities may, without prior notice, suspend water service, sanitary sewer service and/or Storm Sewer access to a User or to a person discharging to the Storm Sewer when such suspen- sion is necessary in the opinion of the executive director of utilities to stop an actual or threatened discharge which: PAGE 12 Ageadj No~- Date %3 y (i) Presents or may present imminent substantial danger to the environment or to the health or welfare of persons; {ii1 Presents or may present imminent substantial danger to the POTW, Storm Sewer or Waters of the State; or r (iii) Will cause pass through or interference of the POTW. j (2) Notice of Suspension. As soon as is practicable after the suspension of service, the executive director of utilities shall notify the User or the person discharging to the Storm Sewer of the suspension, and order such person to c ie the discharge immediately. (3) Other Steps if a person fails to comply with an order issued under Subsection (2), the executive director of utilities shall take such steps as it deems necessary to prevent or minimize damage to the Storm Sewer, POTW or Waters of the State, or to minimize danger to persons. Such steps may include immediate severance of a person's sanitary sewer connection. (9) Reinstating Service. The e).acutive director of utilities shall reinstate suspended services to the User or to the person discharging to the Storm Sewer: (i) Upon proof by such person that the noncomply- ing discharge has been eliminated; {ii) Upon payment by such person of its outstanding water, sewer and storm water utility charges; Upon payment by such person of all costs incurred by the City in responding to the discharge or threatened discharge; and (iv) Upon payment by such person of all costs incurred by the City in reconnecting service. (5) Written Statement. Within five (5) days of the day of suspension of servicea, the User or the person discharg- ing to the Storm Sewer shall submit to the executive director of utilities a detailed written statement describing the cause of the discharge and the measures taken to prevent any future occurzence. PAGE 13 bgendaNo C~-'S Agenda ltaflL_&Z L1r. "`(l93 CDate /q~ yy (6) Right to Hearing. A person whose service has been suspended under this section may apply to the department which suspended service for a hearing on the issue of the suspension. The hearing shall be conducted in accordance with subsection (f) of this section. (f) Hearing and determination. (1) An environmental appeals committee is hereby established and authorized to hear and decide appeals from any order ; issued by the executive director of utilities pursuant to this article. The committee shall be composed three mem- bers appointed by the city manager. No individual ap- pointed to the committee shall be employed in the chain of command of the executive director of utilities. (2) The committee may call and hold hearings, administer j oaths, receive evidence at the hearing, and make findings of fact and decisions with respect to administering its powers in this chapter. (3) Upon the hearing, the committee shall determine if there is substantial evidence to support the executive director of utilities' determination and order. The decision of the committee shall be in writing and contain findings of fact. If the committee determines that there is substan- tial eviderre to support the determination and order of the executive director of utilities, the committee shall, in addition to its decision, issue an order: a. Requiring discontinuance of such violation or condition; b. Requiring compliance with any requirement to correct or prevent any condition or violation; or c. Suspending or revoxing any permit issued under this article. ii (4) In any decision and order issued by the committee, the I order shall specify the time in which the compliance with the order must be taken. A copy of the decision and order shall be delivered to the appellant or person to wLom the order is directed in person or sent to him by registered or certified mail. (5) Should the appellant fail to comply with the order of the committee within the time specified therein, if any, the executive director of utilities, in addition to any other PAGE 14 I I AgendaNo remedy provided for in this article, may terminate setter service to the appellant. (Code 1966, § 25-134) Sec. 26-156. Penalties. (a) A person who violates any provision of this article shall, upon conviction, be punished as provided in section 1-12 of the "General Provisions" chapter of this Code. i 1 (b) The City Attorney is authorized to commence an action for appropriate legal or equitable relief in a court of competent ju- risdiction. Such relief may include: (1) An injunction to prevent a violation of this Chapter; (2) Recovery for damages to the POTW or Storm Sewer resulting from a violation of this Chapter; (3) Recovery for experses incurred by the City in responding to a violation o2- this Chapter; (4) A civil fin3 of up to one Thousand Dc,11ars and No Cents ($1,000,00) per day for a violation of Sections 26-151 through 26-208; and (5) All other damages, costs and remedies to which the City may be entitled. Sec. 26-157. Determining the character and concentration of wastewater. (a) The wastewater discharged or deposited into the wastewater system shall be subject to periodic inspection and sampling as orten as may be deemed necessary by the executive dir~.ctor of utilities. Sampling shall be conducted according to customarily accepted methods, reflecting the effect of constituents upon the wastewater oystem and determining the existence of hazards to health, life limb and property. (b) The examination and analyses of the characteristics of waters and wastes required by this articia shall be: (1) Conducted in accordance with Section 304(h) of the Clean 1 Water Act; 40 CFR, Part 136 and amendments thereto; or any techniques approved by EPA; and (2) Determined from suitable samples taken at the control manhole provided or other control points authorized by the city. PAGE 15 y Agenda Na Agenda;lez- L0- 41 ~k__... Dwe (c) The determination of the character and concentration of 1 wastewater shall r:: made by the executive director of utilities at such times and cn such schedules as may be established by the executive director of utilities. (d) Any person determined to be discharging wastewater in r violation of this article shall compensate the city for the cost of sampling and monitoring the discharges until such time as the dis- charged wastewater is in compliance with this article. The execu- tive director of utilities shall determine the number of samples and the frequency of sampling necessary to maintain surveillance of the discharges. (Code 1966, 5 25-136) Sec. 26-158. Approval of plane, issuance of permits and certification of final inspection. (a) Wastewater system work permit required. It shall be un- lawful for any user of the wastewater system to construct, recon- struct, modify, enlarge or alter any equipment, device, machinery, apparatus or facility or system or component thereof which is used or is intended to be used to treat, process, measure or convey any wastewater which is or will be discharged into the wastewater system without first obtaining a wastewater system work permit from the executive director of utilities. (b) Requirements for permit. A wastewater system work permit shall be issued when all plans, drawings and specifications are submitted in such detail as the executive director of utilities may require and the executive director of utilities has determined that the work to be done will result in adequate treatment, processing, 1 measuring and conveyance of the wastewater discharged into the wastewater system in accordance with the provisions of this article. (c) Certificate of final inspection upon completion. 1 (1) Upon completion of the work to be done under the wastewater system work permit., the executive director of utilities shall inspect the work and, if done in accordance with the permit, the executive director of utilities shall issue a certificate of final inspection to the permit holder. (2) If the completed work does nct comply with the plans and specifications submitted for which the permit was issued, the executive director of utilities shall require such correction as necessary before a certificate of inspect- ion is issued. PAGE 16 ti Agenda No ltem Agenda Ne (3) No person receiving a wastewater system work permit shall utilize or make use of any equipment, device, machinery, apparatus or facility covered by the permit until a cer- tificate of final inspection is issued in accordance with this article. (d) Right to c inspect. No of utilities the right to inspect any work done the orxrequir- ed to be done under this article. (Code 1966, § 25-137) Sec. 26-159. Inspections. Representatives of the city, the EPA, the Texas water commission and the state health department or any successor agency bearing proper credentials and identification shall be permitted to enter upon the premises of industrial users for the purpose of inspection, observation, flow measurement, sampling and testing of the wastewater system or any wastewater discharged into the wastewater system or examination of any records, files and operational activities associated with the industrial pretreatment program and generation of hazardous waste and discharges into the environment, i 1 I I 1 PAGE 17 ~96rda No Agenda l terr~_ Vic. ~ s 3 Al G Sec. 26-160. Access to Industrial User Records (a) The executive director of utilities shall have access to, and the right to inspect and copy, any and all industrial user records (documents, memorandums, reports, correspondence, and any and all summaries thereof) which pertain to that industry's dis- charge to the POTW, disposal and/or generation of ha4ardous wacce and discharges into the environment. (b) The Industrial User shall be required to retain records of all information resulting from any monitoring, sampling analyses, or reporting activity required by these regulations for a minimum of five (5) years. This period of retention shall be extended during the course of any unresolved litigation regarding the Industrial User or POTW or when requested by the executive director of utilities. (c) The constituents and characteristics of wastewater dis- charged by an Industrial User shall not be considered confidential and shall be available to the public without restriction. Other information obtained from documents, memorandum, re- ports, correspondence, questionnaires, permit applications, per- mits, monitoring programs and inspections shall be available to the public without restriction unless the User specifically requests, in writin,l, at the time the information is to be obtained by the executive director of utilities, that the information is to be con- sidered confidential. Information submitted to the executive director of utilities by the Industrial User shall be stamped Confidential Information" on each page containing such information that the :Industrial User wishes to be held confidential. If a claim of confidentiality is asserted, the executive director of utilities in consultation with the city attorney shall determine if such information is protected by law from disclosure under either the Texas Open Records Act or 40 CPR Part i (Public Information). if the industrial User does not claim the information as confidential at the time the information is obtained by the executive director of utilities, it will be available to the public without further notice. (c) All non-domestic users, shall furnish, upon request, to the city, information needed to develop a systematic program ac- cording to the Pretreatment Standards or Requirements. The infor- mation must be available to the executive director of utilities for inspection and reproduction. Sec. 26-161. Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this Chapter, or whenever the executive director of PAGE 18 AgendaItoff._~ (nte__-//- 93 17"7 utilities has reasonable cause to believe that there exists in any vehicle, in any building or upon any premises any condition or violation of this Chapter, the executive director of utilities may enter such vehicle, building or premises at all reasonable times to inspect the same or to perform any duty imposed by this Chapter. If such vehicle, building or premises are occupied, he shall first present proper credentials and request entry. If such vehicle, building or premises is unoccupied, he shall first make a reasonable effort to locate the owner or ether person having charge or control of the vehicle, building or premises and request entry. If such entry is refused, or if no owner or other person having charge or control of the vehicle, building or premises can be located, the executive director of utilities shall have recourse to every remedy provided by law to secure entry. Seca. 26-162 to 26-170. Reserved. DIVISION 2. SANITARY FACILITIES REQUIRED See. 26-171. Connections required. (a) Any owner or occupant of every building where such building is within one hundred (7.00) feet of any city sanitary sewer and is utilized as a dwelling or residential unit shall con- struct or cause to be constructed a suitable water closet upon such property and shall connect or cause the water closet to be connect- ed with the sanitary sewer in accordance with all ordinances of the city regulating such construction and shall, within thirty (30) days after written notice to do so from the executive director of utilities, abate and cease to use any septic system, dry closet or privy upon such premises. (b) Any owner or occupant of every building where such build- ing is within three hundred (300) feet of any city sanitary sewer and is utilized as a business or commercial establishment discharg- ing wastewater exceeding the limits established by this article shall construct or cause to be constructed a suitable water closet upon such property and shall connect or cause the water closet to be connected with the sanitary sewer in accordance with all ordin- ances of the city regulating such construction and shall, within thirty (30) days after written notice to do so from the executive i director of utilities, abate and cease to use any septic syscem, dry closet or privy upon such premises. (c) The owner or occupant of any such property shall keep and maintain such water closet and all connections in good condition and free from any obstructions. (Code 1966, § 25-150) PAGE 19 Agendalt8m AL'S ~ See. 26-172. Septic systems. (a) Septic tanks shall be installed in accordance with the provisions of the latest edition of the Construction Standards for 1 Private Sewage Facilities, as published by the Texas Water Commission. (b) A person commits an offense if he allows a septic tankor anv other private sewage facility within the city, or within 3000 feet of the corporate limits of the city, to in any way drain to the surface of the ground. (Code 1966, § 25-150) Sec. 26-173. Dry closets prohibited. It shall be unlawful for any person to build, use or maintain any privy or dry closet on any lot or land within the corporate limits of the city, except for portable sanitary privies utilized temporarily. (Code 1966, § 25-152) Sec. 26-174. Construction of sanitary sewers and connections. The construction of sanitary ©ewers and connections thereto shall be as provided in the ordinances of the city. (Code 1966, § 25-153) Sec. 26-175. Owner responsible for maintenance of sanitary sewer service lines. The city shall not be responsible for the maintenance of any building drains or service lines, and such maintenance shall be the responsibility and duty of the owner of the premises serviced by any such service line. (Code 1966, 9 25-154) Sec. 26-176. Compliance with building regulations required. Sanitary sewer service shall not be furnished to any premises where the plumbing thereof has not been installed in accordance with the building regulations or any other provisions as provided in the ordinances of the city. (Code 1966, § 25-155) PAGE 20 PgendaNo _.Y~_: Apaida l)emlc '~_'~3_ Sec. 26-177. Abatement of Nuisances The executive director of utilities shall abate all public nuisances (sec. 26-153) which occur within the city limits of Denton. Secs. 26-178-26-185. Reserved. DIVISION 3. USE OF PUBLIC SEWERS i Sec. 26-185. Discharge prohibitions. (a) It shall be unlawful for any person to discharge or cause to be discharged into the ROTW or into a natural outlet materials, waters or wastewater, if such substances may cause Pass through or interference or have an adverse effect on the environment or may otherwise endanger life, health or property or constitute a public nuisance, including oxygen-demanding pollutants (BOD, etc.) In determining the acceptability of substances for discharge into the wastewater system, the executive director of utilities shall give consideration to such factors as the quantities of subject substan- ces in relation to flows and velocities in the wastewater system, materials of which the wastewater system is con9tructed, nature of the wastewater treatment process, capacity of the wastewater treat- ment plant, degree of treatability of the substances in the waste- water treatment plant and such other factors which may be pertinent to such evaluation, (b) No person shall discharge into public sewers: (1) Any liquids, solids or gases, including but not limited to gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlor- ates, perchlorates, brcmates, carbides, hydrides, sul- fides or any other substances which are a fire or other hazard to the system, which by reason of their nature or quantity are or may be sufficient either alone or by interaction with other substances to cause fires, ex- plosions or be injurious in any other way to the facilit- ies or operation of the wastewater system including wastestreams with a closed-cup flash point of less than 140OF (60'C) using the test method's specified in 40 CFR 261.21. (2) Any substance which causes two (2) successive readings on an explosion hazard meter to be more than five (5) per- cent or any single reading over ten (10) percent of the lower explosive limit (LEL) of the meter as measured at the point where the wastewater is discharged into the wastewater system. PAGE 21 Ap-ldaNo .~2 7 Y 7/2 (3) Any wastewater having a pH less than five (5), greater than twelve point five (12.5) or any wastewater having any other corrosive property capable of causing damage or hazard to the wastewater system or any person. (4) Any wastewater containing toxic substances in sufficient quantity that may, either singly or by interaction with other substances, injure or cause interference with any wastewater treatment process, constitute a hazard to humans or animals, create a toxic effect in the effluent waters of the wastewater system or exceed the limitation set forth in the categorical pretreatment standards. A toxic substance shall include but not be limited to any substance identified pursuant to section 307(a) of the Act. (5) Any substance discharged into the wastewater system, such as residues, sludges or scums, which causes interference with the reclamation process or any substance which causes the wastewater system to be in noncompliance with sludge use or disposal guidelines or regulations developed under section 405 of the Act or any guidelines or regulations affecting sludge use or disposal promulgated pursuant to the Solid Waste Disposal Act, the Clean Air Act and the 'Toxic Substances Control Act, as amended by the U.S. Congress. (6) Any liquid or vapor having a temperature higher than one hundred fifty (150) degrees Fahrenheit (sixty-five (65) degrees Celsius). If, in the opinion of the executive director of utilities, lower temperatures of such waste- water could harm either the wastewater system; wastewater treatment process, equipment or have an adverse effect on the receiving stream or could otherwise endanger life, health or property or constitute a public nuisance, then the executive director of utilities may prohibit such discharges. In no case wastewater which causes the temperature at the introduction into the treatment plant to exceed 1040F (40'C). (7) Any wastewater containinrt_ fats, was,, grease or oils, whether emulsified or not, In excess of two hundred (200) mg/1 or containing substances which may solidify or be- come viscous at temperatures between thirty-two (32) deg- rees Fahrenheit (zero degrees Celsius) and one hunO..red fifty (150) degrees Fahrenheit (sixty-five (65) degrees Celsius) and which might cause obstruction of flow in the POTW resulting in interference. PAGE 22 Agenda No Agendaltam-~ 0819_, (8) The executive director of utilities may reject any waste which does not meet the requirements of this ordinance. The executive director of utilities may require any information from an Industrial User necessary to determine the characteristics of the User's wastewater discharge prior to the commencement of such discharge to the POTW. The executive director of utilities may deny or condition new, increased or changed contributions. (9) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through. (10) Trucked or hauled pollutants, except at discharge points designated by the executive director of utilities. (Code 1966, S 25-160) Sec. 26-187. Specific Pollutant Limitations. It shall be unlawful for any person to discharge into the wastewater system, unless such discharge is allowed under the pro- visions of section 26-208, any of the following; (1) Any wastewater containing hazardous metals to such degree that any such material received at the point of discharge into the wastewater system exceeds the limits established below; Daily Maximum Discharge Limits (mg/L) Metal Composite Arsenic 0.35 Cadmium 0.10 Chromium 1.75 Copper 1.35 Lead 1.08 Mercury 0.0087 Nickel 1.10 Silver 0.17 Zinc 3.5 0 W All concentrations for metallic substances are for "total" metal unless indicated otherwise. (2) Other metals not listed in subsection (1) of this section which will, in the opinion of the executive PAGE 23 ApeodaNa,~ ~G-r---- ibis T -%1~3 director of utilities, damage the wastewater system or interfere with the treatment process; (3) Toxic organics found in quantifiable concentration great- er than 0.01 mg/L (10 ppb) shall not total more than 2.13 mg/L for any discharge. Any organic compound considered toxic by the executive director of utilities and reason- ably expected to be found in the Industrial User's dis- charge may be included in the calculations of total toxic organics if detected in any industry's discharge in quan- tifiable concentration greater than 0.01 mg/L. (4) Any radioactive wastes or isotopes into the public wastewater system without permission of the city; (5) Quantities of flow, concentrations or both which constitute a slug; (6) Materials or substances which cause: a. Concentrations of inert suspended solids exceeding two hundred fifty (250) mg/L or total dissolved solids in concentrations greater than eight hundred (800) mg/L and sodium sulfate in concentrations !h greater than five hundred (500 mg/L); b. Concentrations of SOD exceeding Lwo hundred fifty (250) mg/L, chlorine requirements exceeding nine ! (9) mg/l or phosphorous concentrations exceeding five (5) mg/L; C, Discolorations, such as but not limited to dye waters and vegetable tanning solution. (7) National Categorical Pretreatment Standards The categorical Pretreatment standards found at 40 CFR Chanter I. Subchapter N Part 433 Metal Finishing Catecrorv, are hereby incorporated Sec. 26-188, Discharge of waters not containing wastewater. (a) It shall be unlawful for any person to discharge un- polluted waters into the wastewater system. Except with the approval of the executive director of utilities or as otherwise provided in this article, no storm water connection from any building or yard nor any drain from any catchbasin, lake swamp, pond or swimming pool nor any outlet for surface water, storm water or groundwater of any kind shall be connected to the wastewater system. PAGE 24 .r o~yndeNo AgendaIIrL.14~~._ cw (b) Within any area served by a separate sanitary sewer and a storm sewer, no storm water shall be allowed to enter the sani- tary sewer from waste or vent pipes of any building. Within any 1 such area no downspout, roof leaders, gutters, other pipes or drains such as channels which may at any time carry storm water, surface drainage derived from hydraulic pressure or from well points or lake water shall be connected with any sanitary sewer. (Code 1966, § 25-162) Sec. 26-189. Discharge to a natural outlet. It shall be unlawful for any person to discharge polluted water to any storm sewer or natural outlet within the area served by the city, except where suitable treatment has been provided in accordance with the provisions of this article and except where a Federal National Pollutant Discharge Elimination Systems (NPDES) permit has been duly issued and is currently valid for such dis- charge. A valid copy of such a permit and any modifications there- of must be filed with the executive director of utilities. (Code 1966, § 25-163) Sec. 26-190. Wastewater discharges requiring traps. All persons discharging oil, grease, and flammable wastes or other harmful substances in amounts that, in the opinion of the executive director of utilities, will impede or stop the flow in the wastewater system shall install a trap before the point of dis- charge into the wastewater system. Any person responsible for dis- charges requiring a trap shall, at his own expense and as required by the city: (1) Provide equipment and facilities of a type and capacity approved by the city; (2) Locate the trap in a manner that provides ready and easy accessibility for cleaning and inspection; and (3) Maintain the trap in effective operating condition. (Code 1966, § 25-164) See. 26-191. Wastewater discharge from transport trucks. (a) Permit required. All persons owning or operating a vacuum truck, cesspool pump truck, liquid wastewater transport truck or other vehicle shall not discharge or unload any septic tank, seepag•~ pit, inceptor or cesspool contents from such vehicle without first having received a valid transport truck discharge (TTD) permit. PAGE 25 ( AgenneNa __y-3 Agendal4ert~_C!~~_._._ (b) Permit fee. TTD permits shall be issued by the executive director of utilities upon proper application and payment of a fee established by the city council and on file in the office of the city secretary. All TTD permits shall be valid for one (1) year. (c) Unloading or discharge of waste or wastewater. it shall be unlawful for any person holding a TTD permit to unload or dis- charge any waste or wastewater except in a manner and at a place as specified by the executive director of utilities. Before discharg- ing under a TTD permit, the executive director of utilities may require the person holding such permit to furnish a sample of the contents of the material to be discharged as a prerequisite to discharging into the wastewater system. The executive director of utilities may refuse permission to discharge abnormal strength wastewater into the wastewater system. (d) Rates for discharge. Any person discharging or•inloading normal strength wastewater under a TTD permit into the wastewater system shall be charged at the regular commercial server rates. Any person discharging abnormal strength wastewater under a TTD permit into the wastewater system shall be charged an industrial/commercial surcharge rate. (Code 1966, 9 25-165) Secs. 26-192-26-200. Reserved. DIVISION 4. INDUSTRIAL OR COMMERCIAL WASTEWATER DISCHARGE See. 26-201. Permit-Required. (a) It shall be unlawful for any significant industrial user to connect to the wastewater system or to discharge wastewater to the wastewater system without first obtaining an industrial /commercial wastewater discharge permit from the executive director of utilities (b) All significant industrial. users discharging wastewater directly or indirectly into the wastewater system prior to the effective date of the ordinance from which this article is derived may continue that discharge one hundred eighty (180) days after such effective date. Prior to the expiration of the one-hundred- eighty-day period, the pignificant industrial user shall apply for an industrial/commercial wastewater discharge permit from the executive director of utilities. (Code 1966, § 25-170) Cross reference-Licenses, permits and business regulations generally, Ch. 16. PAGE 26 Agenda No 3Z ~ yy Sec. 26-202. Same-Procedure for ol.taining. (a) Appliration. Significant industrial users required to obtain an industrial/commercial wastewater discharge permit shall complote and file with the city an application in the form prescribed by the city and ac,:ompanied by a fee established by the city council and on file in the office of the city secretary. New significant industrial users shall apply at least ninety (90) days i prior to connecting to cr contributing to the wastewater system for an industrial/commercial wastewater discharge permit. In support I of the application, the significant industrial user shall submit the following information: M All information re red b (f)(1) f this sectign. (2) Name, address, and location, if different from the address; (3) SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended; (4) wastewater constituents and characteristics, including but not limited to those mentioned in this article as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with pro- cedures established by the EPA pursuant to the Act and contained in 40 CFR, Part 136, as amended; J (5) Time and riuration of contribution; (6) overage daily wastewater flew rates, including daily, monthly and seasonal variations, if any; (7) Site plans, floor plans, mechanical and plumbing plans and details to show all service lines, sewer connections and appurtenances by size, location and elevation.; (8) Description of activities, facilities and plant processes on the premises, including all materials which a+-e or could be discharged; (9) Where ;mown, the nature and concentration of any pal- lutants in the discharge which are limited by any city law or regulation or by the state or categorical pre- treatment standards and a statement regarding whether or not the pretreatment standards are being met on a con- sistent basis; PAGE 27 r Agenda No A6endaI (ate 3 (10) If additional pretreatment and/or operation and mainten- ance will be required to meet the categorical pretreat- ment standards; the shortest sc)edule by which the sigrnifi ant industrial user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable categorical pretreatment standard. The fol- lowing conditions shall apply to this schedule: a. The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construc- tion and operation of additional pretreatment re- quired for thu sign ;f wilt industrial user to meet the applicable categorical pretreatment standards, e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, etc, b. No increment referred to in subsection (a)(9)a, of this section shall exceed nine (9) months. C. Not later than fourteen (14) days following each date in the schedule and the fi al date for cum- pliance, the ign ificant industrial user shall submit a progress report to the executive director of utilities including, as a minimum, whether or not it complied with the increment of progress to be met on such date an9, if not, the date on which it expects to comply with this increment of pro- gress, the reason for delay and the steps being taken by the migniLiggAt industrial user to return the construction to the schedule established. In no event shall more than nine (9) months elapse between such progress reports to the executive director of utilities. (11) Each product produced by type, amount, process or processes and rate of production; (12) Type and amount of raw materials processed, average and maximum per day; (13) Number and type of employees and hours of operation of the plant and proposed or actual hours of operation of the pretreatment system; (14) Any other information as may be deemed by the city to be necessary to evaluate the permit application. PAGE 28 Agenda Mo ltort~_ Agenda Date 93 ' (b) Modifications. W;,thin nine (9) months of the pro- mulgation of a categorical pretreatment standard, the industrial/ commercial wastewater discbarge permit of significant industrial users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a significant industrial user subject to a categorical pretreatment standard has not previously submitted an application for an industrial/commercial wastewater discharge permit, the significant industrial user shall apply for an industrial/commercial wastewater discharge permit within one hundred eighty (180) days after the promulgation of the applicable categorical pretreatment standard. In addition, the significant industrial /commercial user with an existing industrial/commercial wastewater discharge permit shall submit to the executive director of utilities, within one hundred eighty (180) days after the promulgation of an applicable categorical pretreatment standard, the information required by subsections (a) (8) and (a) (9) of this section. (c) Conditions. Industrial/commercial wastewater discharge permits shall be expressly subject to all provisions of this ar- ticle and all other applicable regulations, significant industrial user charges and fees established by this Code. Permits al contain the following: (1) The unit charge or schedule of lignifiearit industrial user charges and fees for the wastewater to be discharged to the wastewater aystem: (2) Limits on the average and maximum wastewater constituents and characteristics; (3) Limits on average and maximum rate and time of discharge or requirfs.cnts for flow regulations and equalizations (4) Requirements for installation and maintenance of inspect- ion and sampling facilities; (5) Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule; (6) Compliance schedules; (7) Requirements for submission of technical reports or dis- charge reports; 1 (8) Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the city and affording city access thereto; PAGE 29 I agaodaHo G (3) Requirements for notification of the city of any new introduction of wastewater constituents or any sub- stantial change in the volume or character of the wastewater constituents being introduced into the wastewater system; (10) Requirements for notification of slug discharges; (11) Other conditions as deemed appropriate by the city to ensure compliance with this article and requirements of 40 CFR 403.8 (f). (d) Duration. Permits shall be issued for a specified time period not to exceed three (3) years. A permit may be issued for a period less than one (1) year or may be stated to expire on a specified date. The significant industrial user shall apply for permit reissuance a minimum of one hundred eighty (180) days prior to the expiration of the significant industrial user's existing permit. The terms and conditions of the permit may be uubject to modification ,y the city during the term of the permit. The significant industrial user shall be informed of any proposed changes in his permit at least thirty (30) days prior to the effective date of change. (e) Transfer. Industrial /commercial wastewater discharge, permits are issued to a specified significant industrial user for a specific operation. An industrial/commercial wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed oper- ation without the approval of the executive director of utilities. Any succeeding owner or significant industrial user shall also comply with the terms and conditions of the existing permit. (f) Reportinq requirements for permittee. The permittee shall submit the following reports: (1) All Industrial Users, including New Sources, that are subject to Categorical Pretreatment Standards must submit Baseline Monitoring Reports (BMRs) to the_ exeeutty4 director of utilities in accordance with 40 CFR 403.12 (b), .Ll. Identifying Information The name and addre l-Q1 the facility including the name of the opera ax and owner. jam Envirpnmental Permits, A -lint of any env_ rQnmenta control permits held by o or the faoilityL PAGE 30 i Agenda No _ AQendal(efq SQ1 nescriptiQn of Operationa. A brim deeoription gj the fig.ture average rate of PJ•oduation qgd Ptandard industrial CIAO-9- f gtione of tk}g QperAtion(e1 carried--out_ by ouch weer. This dearr.}ption should include a ec)sgmat10 pzoceeg d,.iggram which indicates points of discharge to the F-ML-fum t.`i2 regulated orocesaes, r .L¢)_ Flow Measuremept. bI_majton showing the measured average daily and ximum daily g-1q-wj-_ in gallons por day to the Po'PW f regulated pj ocuss streams And other streams, an peceagary, to allow 00 -91 the combined waeteg~ream formula getout iA 40-M 403.6(e). MSgaeurement of Pollutants u The catQMl9A1 Pretreatguen standards p 1 ca le to each regulated nrocesa, S~}_ T_~_r~~tlte of sampling and angjysie Wntifvinq the nature and concentration. and/or mass where required by thg standard or h [the superintendent), Qf regulQd Pollutants in the disc r e -from h r u ted process. Inetantaneous, dAlly maximum, and Iona-term average concentrations or mass A-where required, shall be reported. The sample shall be representative of cjg_Uy g er lpns and shall be analyzed in accordange with procedures set out in 8eation 6 10 this ordinance -01 In gAmpling must be Der-f-q d in eccordnnee with r ce ores set out in erection 6.11 of this ordinance. (f Corti cation. A statement, reviewed by the user's authorized repzeeentative ar-d_ Corti fded by e cry lified professional indicating whether pretreatment_ -standards arp___baing met on a consistent basis, and, if not, whgther additional Operation and maintenance (OW and/or adds ipnal pretreatment is required to meet the pretreatment standards end requirementa. JgL -Compliance schedule If additional pretreatment and/ OEM will be sego ed to meet th pretreatment standards, the shortg~t eahedule by which the user ill 11 provide-- such additional PAGE 31 Apeada No Age ida)lertt, w5 ~ a,te___.~:1~- 93 .3 7~ pretreatment anal/or 0&M. The completion d4to in this schedule shall not_ be later than thq compliance date estallished for the applicable Pretreatment standard A compliance schedule pursuapt to t1Aa section must meet the reyirements aet out in section 6.2 of this ordinance. (h) Signature and Certification All baseline monitoring reports must be signed and certified in accordance -with Section 4.6 of this ordinance (2) Within ninety (90) days following the commencement of the contribution of wastewater into the POTW, any sim1i11CAU industrial user classified as a regulated Categorical Standard Industry, and therefore subject to Federal Categorical Pretreatment Standards, shall submit to the executive director of utilities a 90-Day Compliance Report in accordance with 40 CFA 403.12 (d). (3) Significant Industrial Users not classified as Categori- cal Standard Industries may, at the discretion of the executive director of utilities, be required to submit a Baseline Monitoring Report and/or a 90-Day Compliance Report. (4) Regulated Categorical Standard industries subject to a Pretreatment Standard, after the compliance date of such Pretreatment Standard or,in the case of New Sources, after commencement of the discharge to the POTW, shall submit a Semi-Annual Compliance Report to the executive director of utilities in accordance with 40 CFR 403.12 (e). (5) Significant Non-categorical Industrial Users may be re- quired to submit a Semi-Annual Compliance Report to the executive director of utilities in accordance with 40 CFR 403.12 (h). (6) Semi-Annual Compliance Reports required under subsections _C -U~q4_L51 of this Sec--ion shall be based on sampling and analytical data collected during the period covered by the report by bath the executive director of utilities and the Industrial User if self-monitoring is performed. Sampling and analytical data shall be representative of the conditions occurring during the reporting period. (7) Categorical standard Industries shall perform self- monitoring sampling and analysis of the regulated process wastestream at a frequency stipulated by the Wastewater Discharge Permit. PAGE 32 I ti AgendeNo .~,3-~i~_ ive . (8) Categorical Standard and Non-categorical Industries may be required to perform self-monitoring on wastestreami, should the executive director of utilities deem it necessary. (9) Self-monitoring samples shall be collected, preserved and analyzed in accordance with approved met.hrds. (10) For each self-monitoring samples, the rnclustrial User shall aubmit an industrial Self-Monitoring Sampling Report which shall include: a. The date, exact place, sampling method, preser- vation method, times of sampling and the name(s) of the person(s) taking the samples; b. The dates the analyses were performed; C. The analytical techniques/method used; and d. The results of the analyses. (11) For Categorical Standard Industries, at least once during each Semi-Annual Compliance Reporting period, self- monitoring samples shall be analyzed for all federally regulated parameters. (12) If self-monitoring indicates a violation, the industrial User shall notify the executive director of utilities within 74 hours of receiving the results. The Industrial User shall also repeat the sampling and analysis and submit the results of the repeat analysis within thirty (30) days after becoming aware of the violation. For Industrial Users required to self monitor each month, the next month's self-monitoring may be used as the repeat sampling no long as tha sample is analyzed for the violating parameter and the thirtA- (30) day submission deadline is observed. (13) All Compliance Reports, Self-Monitoring Sampling Reports And_gpplications for induotrlAl/commercial wastewater discharge perm tg must be signed by an Authorized Official of the Industrial User in accordance with 40 CFR Part 403.12(1). The Authorized official may d(-signate a representative, in writing, co the Qxgcutive director of utilities. The authorizat'on must specify either an individual or a position having responsibility for the overall operation of the facility from which the Indust- rial Discharge originateP, or having overall responsibil- it), for environmental recters for the Industrial User. PAGE 33 Apeoda No .~Q~.__ A~endallert~~'J 9 /W If the authorization becomes invalid because of changes in responsibilities or personnel, a new written authoriz- ation must be submitted to the executive director of utilities prior to or along with any report being signed and submitted by the new representative. (14) All Compliance Reports, Self-Monitoring Sampling Reports and application gfor industrial/commercial-wastewater discharge permits must include the statement: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervised in accordance with a sys- tem designed to assure that qualifi- ed personnel properly gather and evaluate the information submitted, Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information including Cie possib- ility of fine and imprisonment. (15) All industrial users shall notify the POTW immediately of vO -discharges that could cause problems to the POTW, inaludina any slug loadings by the industrial user, (16) An Industrial User shall notify the executive director of utilities, the EPA Regional Waste Management Division Director, and the State hazardous waste authorities, in writing, of any discharge into the POTW of a substance, which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261, in accordance with 40 CFR 403.12 (p). (17) The reports and other documents required to be submitted or maintained under this section shall be subject to: a. The provisions of 18 U.S.C. Section 1001 relating to fraud and false statements; b. The provisions of Sections 309 (c) (4) of the Act, as amended, governing false statements, represent- ation, or certification; PAGE 34 Agenda No Agenda IWL Av~' Date c, The provisions of Section 309 (c) (6) of the Act regarding responsible corporate offices; and d. The applicable provisions of this ordinance. See. 26-203. Same-Suspension or revocation. (a) Permit not a vested right. A permit issued under this article does not become a vested right in the person holding the permit. (b) Grounds for suspension or revocation. A permit issued under this article may be revoked or suspended upon any of the following grounds: (1) The permittee has or is violating one (1) or more provisions of this article; (2) The permittee has failed or is failing to comply with one (1) or more conditions of a permit; (3) There is a change in conditions which requires elimin- ation or modification of the discharge covered by a permit; (4) Revocation or suspension is necessary in order to prevent harm or damage to the wastewater system or treatment pro- cess or is necessary to protect the health or welfare of persons, animals or property; (5) The permit was obtained by misrepresentation or failure to disclose all relevant facts, (c) Procedure for suspension or revocation. The executive director of utilities may issue an order suspending or revoking a permit issued under this article upon the grounds specified in this article. Such order shall state the grounds therefor and shall be served upon the permittee in person or by certified or registered mail. Such order of suspension or revocation shall become effect- ive after five (5) days from the date of service, unless the per- mittee within such five-day period files an appeal and filing fee in accordance with section 26-155 of this article. (d) Procedure for appeals from order of revocation or sus- pension. Appeals from the order of the executive director of util- ities suspending or revoking a permit shall be processed and heard in accordance with procedures for other appeals as set forth in section 26-155. (Code 1966, 5 25-175) PAGE 35 I I Agenda No ilerr~,i!~~ Agenda ` Sea. 26-204. Same-Effect of suspension or revocation, Any permittee who receives an ords- from the executive direct- or of utilities revoking or suspending a permit required under this article shall discontinue any discharge covered by the permit after five (5) days from notice of such order, r,nless within such five- day period the permittee appeals such order to the environmental appeals committee. An) permittee who has been notified by the exe- cutive director of utilities of a suspension or revocation of a permit and does not timely appeal such order or any permittee who has been notified of the order of the committee, after a hearing, of the revocation or suspension of a permit and who continues a discharge covered by a permit after the effective date of the rev- ocation or suspension of the permit may have sewer service termin- ated by the executive director of utilities. (Code 1966, 5 25-176) Sec, 26-205. Same-Reinstatement of suspended or revoked permit. (a) The executive director of utilities shall reinstate a suspended industrial/commercial discharge permit upon satisfactory proof to the executive director of utilities of corrective action of the permittee of the conditions or discharge for which the per- mit was suspended, (b) A user whose industrial/commercial discharge permit has been revoked must apply f;r a new permit and comply with all pro- visions and conditions required as though a permit had not been issued for such user. (Code 1966, 5 25-177) See. 26-206. Pretreatment of industrial wastewater. Significant industrial users shall provide necessary wastewater treatment as required to comply with this article and the categorical pretreatment regulations. Any facilities required to pretreat wastewater to a level acceptable to the executive director of utilities shat: be provided, operated and maintained at the user's expense. Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the executive director of utilities for review before construction of such facilities. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the executive director of utilities under the provisions of this article, Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be acceptable to the city prior to the user's initiation of the changes. All records relating to compliance with the categorical PACE 36 ApenM ha._ 9.3~J/ Agenda ltertZ Date / - pretreatment standards shall be made available to officials of the Environmental Protection Agency or city upon request. (code 1966 § 25-172 Sec. 26-207. Control manhole. As a prerequisite to receiving an industrial /commercial waste- water discharge permit, the executive director of utilities may, when necessary to monitor wastewater discharged into the wastewater system, require a eianiiigALt industrial user to install a suitable control manhole together with such meters, equipment and appurten- ances as deemed necessary by the executive director of utilities in order to adequately sample and measure such wastewater. All re- quired control manholes shall be located so as to permit unre- stricted access by the executive director of utilities. (Code 1966, S 25-173) Sec. 26-208. Industrial/commercial wastewater surcharge. If abnormal strength wastewater is acceptable for discharge into the wastewater system under the provisions set forth in the industrial/commercial wastewater discharge permit, an industrial /commercial wastewater surcharge shall be added to the base charge to cover the additional cost of treating abnormal strength wastewater. Such surcharge shall be calculated as follows: Cu - Vu((Bu - 250) B + (Su - 250)S)) Where: Cu is the surcharge for user X, Vu is the billing volume for user X. h Bu is the tested BOD level for user X or two hundred fifty ' (250)mg/1, whichever is greater. B is the unit cost factor for treating one (1) unit or BUD per one thousand (1,000) gallons. Su is the tested SS level for user X or two hundred fifty (250)mg/l, whichever is greater. S is the unit cost factor for treating one (1) unit of SS per one thousand (1,000) gallons. PAGE 37 EXHIBIT IV ~,andaMo ~i3 - vi.5 pDe^da Items .s..,_-~~ D318.___ IX. DIVISION RESOURCES AND FUNDING RESOLUTION Pretreatment Program Funding The 1992-93 budget was the first year that the pretreatment program budget was developed as a separate unit, There will be a period of time where we will fine tune the budget parameters for the pretreatment program, Currently, analytical services for the pretreatment program are budgeted in the wastewater laboratory budget. I Agenda Mo.~.,~- lJ/~ Agentlilten~_L '6 F-f' ~ RESOLUTION NO, 1737-1-93 (R) 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, COMMITTINrl TO ':HE CONTINUATION OF ADEQUATE FUNDING FOR IMPLEMENTATION OF THE CITY OF DENTON ENVIRONMENTAL PROTECTION AGENCY APPROVED PRETREATMENT PROGRAM. WHFREAS, the Code of Federal Regulations requires that the publicl; owned treatment works have sufficient resources and qualified personnel to carry out the authority and procedureo of the Pretreatment Program; and, WHEREAS, the City of Denton NPDES Permit Number TX0047180, Part II, requires control of pollutants contributed by industries; and, WHEREAS, the City of Denton City Council acknowledges that continued funding is necessary to implement the Pretreatment Program to meet the requirements of federal regulations and the NPDES Permit; I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS THAT: Adequate funding will continue to be provided to implement the city of Denton Pretreatment Program. i DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, ON THIS DAY OF , 1993, i APPROVED: Bo5Castleberry, Mayor ATTEST: i I Jennifer Walters, City Secretary i APPROVED: Debra Drayo71tch, City Attorney ; i I OUNCIL I l , / fl V • t0 N~ 1 y agenA~ 40 ~ ~ Apen~ltenl,.L'~.~4_. CITY COUNCIL REPORT To: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager DATE: May 11, 1993 J SUBJECT: Drawing a lot to begin the City Council Board Appointment Process r ~1 As discussed in previous City Council meetings, the process for nominating citizens for boards and commissions will begin by drawing a lot. This will determine which City Council member's place will begin the numbering sequence. The City Council member who draws the lot will have his/her place matched to the first citizen board, beginning in alphabetical order by board and by current citizen serving on that board. All boards and commissions will follow in alphabetical order with current board members placed in alphabetical order within, boards. City Council Members will be assigned corresponding board members in numerical order of City Council place following the City Council Member who has drawn the lot. Boards and commissions that do not have seven members will continue to be assigned in numerical order of the nrxt City Council Members place. Therefore, City Council Members may not have an appointment on some boards, but will have more than one appointment on other boards. This system will remain in place after the first year of the lot in order to remain consistent and equitable over time. i In your packet on Friday, City Secretary Jennifer Walters Licluded copies of letters sent to current board members, the advertisement placed in the newspaper, and several blank applications for board positions. Included in the backup is a list of the boards and commissions in alphabetical order. Please advise if I can provide additional inf<>rmation. RESPE TfULLY SUB TED, Llo d V. Harrell City Manager Prepared bys Cat erh ine E, Tuc• Administrative Assistant I Ager~daNa AgerdaIIWL.~'~ AIRPORT ADVISORY BOARD 1,~Q~-1993 city Council Original Present Places embe Appointment Syr Term John Dulemba 1990 1992-94 Terry Garland 1991 1991-93 George Gilkeson 1989 1991-93 Nancy Hundley 1988 1992-94 Allie Miller 1990 1992-94 Jim Risser 1992 1992-94 h Rick Woolfolk 1987 1991-93 I ANIMAkL SHELTER ADVISORY BOARD ll _1293 I City Council Original Present Place Member Appointment 2-Yr Term i Bettye Johnson 1989 1991-93 Nonie Kull 1989 1991-93 Mary McKay 1989 1991-94 Steve Meyerdirk 1989 1991-93 I VACANT 1991-92 BOARD OF ADJUSTMENT 1992-1993 City Council original Present Place Member. UaLrA.81gDk 2_Yt-TTgrn John Baines 1992 1992-94 Dan Coffey 1991 1991-93 Bill Colville 1991. 1991-93 E. Ray Griffin 1991 1991-93 Marcia Staff 1989 1992-94 Rebecca Blair (ALT) 1991 1991-93 Rebecca King (ALT) 1991 1991-93 AAA01614/1 Agenda ND AgendalterR,L~'~S pia US ILDING CODE BOARD 1992-1993 G• City Council Original Present PlacQ Member Appointment 2-Yr Term Steve Knaitt 1992 1992-94 Isabel Miller 1987 1992-94 Greg Muirhead 1990 1992-94 Ed Owens 1990 1991-93 Cliff Reding 1988 1991-93 James Fykes (ALT) 1992 1992-94 Bob George (ALT) 1992 1992-94 CABLE TV ADVISQRY BOARD 1992-1293 council Original Present -Place rLLrber ARPoiniment. 3-Yr Tg Joe Holland 1990 1990-93 Susan McGuire 1989 1992-94 John Kuiper 1989 1992-94 Candice Liepa 1992 1992-94 Richard Rodean 1992 1990-93 Sr3.TIZENS_TRAFFIC SAFETY SUPPORT COMMISSION J ~~2-1993 1 City Council original Present Place Member Appointment 7=Yr.TAM Carolyn Bacon 1993 1991-93 Doug Chadwick 1987 1991-93 Betty Duncan 1991 1991-93 John Erwin 1988 1992-94 Alice Gore 1989 1991-93 Carl Guess 1990 1992-94 Eric Jackson 1992 1992-94 George Kay 1990 1992-94 Edna Redmon 1992 1992-94 AAA01614/2 ~(jeAda No q3 -G~-r Ageodalteat-Z.-w pia 'IRIS COMMUNITY DEVELOPMENT BLOCK GRANT COW EE UIT 1992-1991 City council original Present -Place Member Appointment 2-Yr Term JoAnn Canales 1992 1992-94 Peggy 1992 1992-94 1990 1192-94 Peggy Norton 1989 1991-93 Sarah Parker 1987 1991-93 Curtis Ramse? 1988 1992-94 Dennis Stephens 1987 1991-93 Rey Treo 1988 1992-94 Jack Weir 1191 1991-93 DATA PROCESSING ADVISORY BOARD 1992-1993 City Council original Present Place Member Appointment ~--Yr Term Don Edwards 1991 1991-93 Jim Kuykendall 1986 1991-93 Rosa Lawton 1992 1992-94 Robert W. Minnis 1990 1992-94 Brian Scott 1990 1992-94 DOWNTOWN &DVISORY BOAR 1922-1993 City Council original Present Place MabAIC Appointment 2-Yr Term Doan Ccchran 1992 1991-93 Don Davis 1991 1991-93 Kathleen Gigl 1991 1991-93 George Highfill 1991 1991-93 Don Hill 1991 1991-93 Herbert Holl 1991 1992-94 BeBe oiufsen 1993 1992-94 Fred Patterson 1991 1992-94 Barbara Philips 1591 1992-94 Rahna Raney 1991 1992-94 Bill Thomas 1991 1991-93 Mike Bates 1991 1991-93 (Ex-officio) Sharon Jeffries 1991 1992-94 (Ex-officio) AAA01614/3 aq%ndaNo PLS--- AgEndaII$It1!i We 5:/Z ~2 ELECT IR CAL CODE BOARD 1992-1993 City Council Original Present ace_ ember Appointment 2-Y; Tezm Stuart Cawthon 1992 1991-93 John W. Hardinger 1991 1992-94 David Martin 1992 1992-94 Terry Schertz 1991 1991-93 Trenton L. Williams 1989 1990-92 Fred G. Reed (ALT) 1992 1991-93 Janet Salazar (ALT) 1992 1992-94 HISTORIC LANDMARK COMMISSION ~a=122 City Council Original Present -Place Member Appointment 2-1r Term Judith Abbott 1988 1991-93 Joe Bailey 1990 1992-r4 W. A. Barker 1987 1991-93 Liz Bays 1991 1991-93 Elinor Caldwell 1991 1991-93 Judy Cole 1993 1992-94 Rita Holcomb 1989 1991-93 Mary McCain 1991 1992-94 George Spuller 1992 1991-93 HUMAN SERVICES CO MI~~E 93 city Council Original Present _ P1 Q&. Member hppoointment -_-_Yr Term Al Bareatis 1991 1991-93 Catherine Bell 1993 1991-93 Jim Bezdek 19P8 1992-94 Lawrence Cochran 19j2 1992-94 Dorothy Damice. 1986 1991-93 Terry Garrett 1990 1992-94 Linda Holloway 1989 1991-93 Sandy Kristofersen 1989 1992-94 Carol Riddlespergcr 1991 1991-93 Gary Truitt 1987 1991-93 VACANT 1991-93 AAA01614/4 Ao ndaNo _ V2-D15 Agendallenz_-4211~ Date KEEL- DENTON 8EA IFUL BOARD 1992-1993 City Council Original Present Place_ Elembe Appointment 2-Yr Torm _ Dave Boston 1992 1992-94 John Cooper 1991 1991-93 Dick Engle 1991 1991-93 John Enlow 1991 1991-93 Sherrie Etheredge 1992 1991-93 Gertrude Gibson 1991 1992-94 Betty Kimble 1992 1992-94 Jeane Morrison 1991 1991-93 Martha Len Nelson 1991 1991-93 J. B. Smallwood, Jr. 1991 1992-94 Bill Watson 1992 1992-94 LIBRARY B0ARD 1922-1993 City Council original Present Plac.12- Mgmber Appointment 2-Yr Term Dorothy Adkins 1986 1991-93 Jean Greenlaw 1992 1991-93 Kdell Johansen 1992 1992-94 Dorothy Minter 1992 1991-93 Mary Jo Pickens 1987 1991-93 Kathy Pole 1992 1992-94 Jean Schaake 1988 1992-94 PARKS ANU RECREATION BOAnn 1992-1993 City Council original Present .ter Appointment 2.-Yr Ter Dalton Gregory 1987 1991-93 Bvrkley Harkless 1991 1991-93 Tom Judd 2990 1992-94 Neta Stallings 1991 1991-93 Loyce Wilson 1992 1992-94 AAA01614/5 , AgrdaNo Agenda Itont._~y~ a`io e PLANNING AND ZONING COL4 ISS ON 7 NxT~ ~ 2-_93 (U/ city Council original Present Place embe Abpointment 2-Yr Term Mike Cochran 1992 1992-94 r Richard Cooper 1992 1991-93 Jim Engelbrecht 1988 1992-94 Katie Flemming 3991 1992-94 Ivan Glasscock 1986 1991-93 Mary Evelyn Huey 1991 1991-93 Melvin Willis 1992 1991-93 PLUMBING AND MECHANICAL CODE BOARD 1992-1993 City Council Original Present .-Place Member Appointment 2_Yr Tgrrt George Becker 1977 1991-93 Bill Burley 1985 1991-93 Richard Cooper 1987 1992-94 Millard Heath 1992 1992-94 Ted Lewellen 1992 1991-93 Jeff Peploe 1988 1992-94 Bob Sullivan 1979 1991-93 PUBLIC. uTI aas HOARD 1992-1993 city Council. Original Present Places Member 8m1.Otuat 4-Yr-T= Lillie Clark 1992 ' Bob Coplen 1991-95 Bill Giese 1991 1991-95 Roland Laney 1992 1992-96 John Thompson 1979 1990-94 1985 1989-93 AAA01614/6 VndaNo lte Agenda SIGN BOARD OF APPEALS if 1992-1993 City Council Original Present Place e be Appointment 2-Yr Term Harry Eaddy 1991 1992-94 Gene Gumfory 1992 1991-93 Ann Houston 1992 1992-94 Frank Massey 1991 1991-93 Tony Soto 1992 1991-93 Jim Tucker 1991 1991-93 Mike Wiebe 1991 1992-94 "AD1614/7 ~ HANDOUT TO COUNCIL - 5-11-93 TEXAS MUNICIPAL POWER AGERCY ~ MEMORANDUM TOt PAO Committee DATE: May 7, 1993 FROM: Ed Wagoner Executive Director/General Manager SUIJECT: Debt Structure At the PAO meeting on May 4, we were unable to reach a clear Consensus on a preferred debt structure to recommend to the 8oard for the up-coming refunding/restructuring bond issue, However, the group did indicate that the following were some of the criteria it would like to see considered in the restructuring of the debt. 1) Annual increases in rate of as close to 3.54 as possible from 1994 through 1998, 2) Smooth ramping up from 1998 to 2008. 3) A plateau of level debt service from 2008 through the final maturity, 4) Debt service from 2008 through final maturity should be as low as possible. 5) Final maturity should be as early as possible. The last two criteria appear to be in conflict. However, we developed structures which were as close as possible to the first three criteria and several combinations of the final two criteria. Final taturity Debt Sgrvlce 2001 - Final Maturity 2016 143 million 2017 136 million 2018 131 million 2019 1126 million Last night, the Board approved for debt restructuring the final maturity of 2018. (Plea$$ note that the last maturity on long term debt is 2017, with the 2018 payment retiring the last of the Commercial Paper Program,) Attached are the proforras and structure information reflecting this selection, Please remember that those are preliminary and will change slightly with final pricing of the bonds, Thank you for your input, Ed Waggo or EtW/wmc Executiva Director/General Manager Attachments 05107199 06:35 Nd Texas Municoal Power Agency Impact of Proposed Debt Restu hying Proposed 04 Svdget 4/UM Interest Rates EW TO 201613/4 Debt Rate % service S/MWFI Chan yJ w 7~ r lnl,:`,1~ •u~ try9.ar61 +t ~~=751,61 t~~t1` Qgom,,~.,. r. d ~tp1i o-eJ 0021+~'?"~t~:~Irbx~•~ 1906 $81,406 !;59.210 Y 3.17% 1099 $870008 $61.210 3.49% { 2008 :91.918 $63.40 9.48% v 2001 :96.742 $66.00 4.2116 2007 $1a1A 509.49 &t'%% ,ilk 2ooe $130,521 $ee oa 3.23% 2009 N90,632 $67.00 1.23% 2010 $130,$41 1086.17 1.2616 2011 $130.561 "020. 1.27% 2012 $10,564 892:76 9.01% ~~tt r,r.~~t ~~'1 +51++w~~tS+ }~'+ww7.ti~.LA{~F.SZ. 1.~1{~H.~~,y.5~1~ 2016 $76,701 $79.47 -17.3b% 2019 2020 2021 2022 L•1~3>: lN'. t5 1.y!v,~~Ii tY ~f~i?'rv w r.t ' 11ti.~ ~+f, li~'t1li f7 .rl lr,ll.11Il~lta.lr.~ Ralundng NOW Size (000) 678,foe Elfac6re Inlereet Rate 8.70% Pmoont Value Sevinge (000) 6.750 Total Debt SeMm (000 000) 2,731 te'd i i I TMPA Impact of Proposed Debt Restructuring Proposed 94 Budget 4/22/93 interest Rates Rate S/MWH 10 i 2 6.1 A-7 6.2 6 3.3.3.4 6 3.1 3.4 3.4 4.2 2.3 AM 3 2 3.2 3.0 1.2 1.2 1.2 1.3 1.7 1.4 0 •0.3 .0.6 -a -1a -16 •17.s -20 - - 93 04 06 90 07 96 99 00 01 02 03 04 06 Oe 07 06 00 10 11 12 13 14 16 16 17 (Years 1993 through 2017) Refunding Issue Size (000) 678,103 Effective Interest Rate 6.79% Present Value Savings 8,769 /alai D(A)j tirr~ll c lutll ~1)00'IIIM) ' I I I 1 TMPA Impact of Proposed Debt Restructuring Proposed 94 Budget 4/22/93 Interest Rates Rate $/IAWH ' 100 93 92 94 96 95 01 83 88 87 gg 89 17 . ; s0 71 78 88 09 88 67 69 81 83 80 82 03 80 40 d i1:1: Xl: 20 d x, 0 93 94 98 90 97 98 99 00 01 92 03 04 08 00 07 08 09 10 11 12 13 14 18 10 17 (Wars 1993 through 2017) Refunding Issue Size (000) 6786103 Effsotive Interest Rate 6,79% Present Value Savinge 0.769 liitll I)ilil `ir~n i!IIIIU,UUI?I 1 ~ I DRAFT I ANNEXATION POLICY PLAN ~ i CITY OF DENTON PLANNING AND DEVELOPMENT DEPARTMENT MAY, 1993 -QUY pr: DENTO[V CI1_1 COiJ Coil, Bob Castleberry • Mayor Mark Chew i Margaret Smith Dr. Harold Perry Jack Miller Dr. F,uline Brock Jerry Cott l PtANNM._AND ZO DN-- COMM1,q-S1QX Jim Fngelbrecht - Chairman Mike Cochran 1 Richard Cooper Katie Flenuning Ivan Glasscock Melvin Willis Mary Evelyn Huey I CI:]'1' O ~ ll1:N'~0 V. 1 Q I_y_EXA'IM POI.L(Y P1.AN I I i 1.00 INTRODUCTION I ' •.......1 I 1.10 Background.., 1.20 Annexation Policy Plan ...................................1 I I I 2.00 GOALS AND OBJECTIVES .......................................2 F 3.00 ANNEXATION ISSUES AND POLICIES ..........•....•3 3.10 Reasons for Annexation. 3.20 Service Plan .•.....I...... .........................4 3.30 Defining City Limits and ETJ boundaries....,,,.,.,. 06.6 3.40 Extraterritorial Jurisdiction Apportionment Agreements...6 3.50 Release of land in the ETJ .........................7 3.60 Annexation by Another Municipality .......................8 3.70 Effective Date of Annexation ..........................•..9 3.00 Annexation and Zoning........• .............••.........•..9 3.90 Annexation and the Voting Rights Act. ....,.•..,....•.•.010 3.100 Disannexation for failure to prov!.Ie services ...110 f 3.110 Disannexation of an unimproved arei..................•.11 3.120 Dieannexation of an area from the City limits .4.12 3.130 Municipal Incorporations in the ETJ .....................12 3.140 Special Districts..........•......•..•.....•............13 3.150 Creation of Municipal Utility Districts in the ETJ...... 14 3.160 Creation of Road Utility Districts in the ETJ......•.... 15 3.170 Creation of Emergency Service Districts in the ETJ...... 16 3.180 Creation of industrial Districts in the ETJ........ 6.... 16 4.00 ANNEXATION PROCEDURES ..............•..•......•••••••••••••.17 ...........................21 5.00 WORK ELEMENTS... s.s.,,,so6 5.10 ETJ Apportionment Agreements ................•........•.21 5.20 Fiscal Impact Study .............................•.......21 I . i i i 6.00 APPENDICES A. City limits and ETJ of surrounding towns and cities A-1 B. Annexation and Related Provisions in the 1992 Local Government Code... .B-1 1 C. Annexation and Related Provisions in the Charter of the City of Denton.... .C-1 D. Annexation and Related Provisions in the City of Denton Zoning and Subdivision Regulations .................D-1 E. Annexation and Related Provisions in the Voting Rights Act........................ ............................E-1 F. Fiscal Impact Analysis Methodology F-1 ~ G. service Plan .G-1 i H. Chart #11 showing a working process for establishing an ETJ apportionment agreement with another municipality H-1 1. Chart #III showing a working process for the creation of a Municipal Utility District ........I-1 J. Chart #IV showing a working process for the creation of an Emergency Service District J-1 K. Annexation statistics .......................K-1 L. List of City Departments and Agencies to be informed whon annexation to completed L-I M. City of Denton Extraterritorial Jurisdiction Map........ M-1 (i) CITY OF DENTON ANNEXATION POLICY PLAN 1.00 IN'TRODUCT'ION I 1.10 B.ACKGROUND i, The annexation of new areas into the city limits has been done on a case by case basis following the policy guidelines set out in Section 34-93 of the Denton Code of ordinances. Those policy guidelines however, have not been updated to meet the additional requirements in the Local Government Code with regard to the formulation of a Service Plan for extending municipal services to an nroa proposed for annexation. Research on Extraterritorial Jurisdiction (ETJ) issues with regard to surrounding cities have been done on a piecemeal basis and stored in specific case files. The individual annexation case files usually contain policy directions and guidelines from the City Council which may be consistently applied to dealinq with similar issues in the future. 1.20 T~BNNexAT14N PDLIC~p( The annexation policy plan provides an integrated policy framework intended to guide informed decision making with regard to annexation and ETJ Issues. The policy plan provides a step by step procedure and an average time frame for processing annexations. The plan also addresses the requirement for a "Service Plan" and a methodology to be used to assess the not fiscal impacts to the city for providing municipal services based on the service plan. The appendices to the plan (A through L) incorporate the legal requirements and other support information dealing with annexation and ETJ issues. A map showing the current corporate city limits and the ETJ of cities around Denton is also included in the I` appendix K. Page 1 II 1 The most common circumstances which would elicit consideration of Denton's city limits and ETJ boundaries includes (a) A petition for annexation. (b) A petition for disannexation. (c) A development proposal or occurrence in the ETJ. (d) A proposal to establish a Special District or Governmental Entity in Denton's F.TJ. (e) A proposal by another municipality to exchange areas located in Denton's city limits or ETJ. (f) A request by another municipality to establish an ETJ apportionment agreement line with the City of Denton. (g) A proposal by another municipality to annex areas in Denton's ETJ. (i) Denton's initiative to define its future boundaries. The Annexation policy Plan therefore, is intended to provide the procedural and analytical framework to guide informed decision making with regards to annexation, city limits and ETJ issues, 2.00 GOALS AND OBJECTIVES The goals and objectives of the Annexation Policy Plan are as followst (a) Provide an integrated policy framework for deciding whether or not to proceed with the annexation of a specific area into the city limits. (b) Set out the procedures to be followed when considering the annexation and the disannexation of a specific area or tract of land. (e) Provide recognizable boundaries for development control, land use and utility planning. (d) Provide the basis for minimizing the negative fiscal impacts and maximizing the positive fiscal impacts of annexations over time. (a) incorporate research data and maps of the current city limits Page 2 ~I and ETJ of cities around Denton. (f) Provide a policy framework for releasing land in Denton's ETJ and for initiating and considering ETJ apportionment agreements with other cities. (g) Provide a basis for considering the creation of additional municipal incorporations and special districts in Denton's ETJ. 3,00 ANNEXATION ISSUES AND POLICIES 3.2.0 REASONS FOR ANffXAUQ4 i The state enabling legislation for annexation limits the annexation authority of a municipality to areas within its extraterritorial jurisdiction. The ETJ of a municipality is the unincorporated area that is contiguous to the corporate boundaries of the municipality. The purpose of an ETJ of a municipality is to promote and protect the general health, safety and welfare of persons residing in and adjacent to the municipality. A home-rule municipality may annex areas into the city limits in order to (a) fix the boundaries of the municipality (b) extend the boundaries of the municipality and annex area adjacent to the municipality; and (c) exchange area with other municipalities. With a 1990 population of 66,270 Denton has an ETJ of three and one half miles beyond its ;orporate city limits. The map ineludcd in Appendix J shows Denton's ETJ and corporate city limits in relation to surrounding towns and cities. Using 1990 census population figures, all of the municipalities around Denton have an ETJ of one half mile except in the case of Highland Village which has a one Mile ETJ. policy 3,111 The City of Denton may consider the annexation of land with , its ETJ in order to accomplish any but not limited to the -'tllowings (a) .xpand the current tax base for ad valorem and sales tax. (b) Extend soning, land subdivision control and code enforcement to a specific area. Page 3 i (o) Provide municipal services to specific areas in the EM (d) Provide recognizable boundaries to the incorporated area or ETJ of the city. y Policy 13.121 when a development is proposed in the ETJ, the city may initiate an annexation study to determine whether the subject site should be annexed into the city limits. Any of the following type of developments may trigger an annexation study) (a) single-family developments over five (5) lots. (b) Multifamily, industrial or commercial developments over one (1) acre. (o) Any area where the density exceeds five hundred (500) residential units per square milet(.78 units per acre) or (d) Any development or area that might have a significant impact upon the city, includingq but not limited to service costs, increased traffic, utility needs or utilisation, safety or health havards, or would be inconsistent with the city's master plan. 3.20 SERVICE PLAN The Local Government Code (Refer to Section 43.056) requires that a service plan bn prepared as part of the annexation ordinance. The service plan provides for the extension of full municipal services to the area proposed for annexation. The following services must be provided within 60 days after the effective date of annexation of the area. (a) police protections (b) fire protections (c) solid waste collections (d) maintenance of water and wastewater facilities that are not within the service area of another water or wastewater utilitys (e) maintenance of roads and streets, including road and street Page 4 lighting: (f) maintenance of parks, playgrounds and swimming pools, and (g) maintenance of any other publicly owned facility, building or service. The Local Government Code requires that "full municipal services" must be provided to the annexed area within four and one half years. Full municipal services is defined as services "funded in whole or in part by municipal taxation and provided by the annexing municipality within its full purpose boundaries". It shoiild be noted however, that the city is not required to provide a uniform level of municipal services to each area of the municipality if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. It would he misleading therefore, to suggest that State law requires the city to extend utilities to a newly annexed area within 4 and 1/2 years of annexation. Lovel of services may be different depending on "topography, land use, and population density", but may not be less than services that were in existence in the area immediately preceding the date of the annexation or that are otherwise available in other parts of the municipality with land uses and population densities similar to those reasonably contemplated or projected in the area. The service plan must also include a capital improvement program, if required in order to provide "similar" levels of service. The construction of such capital projects "shall begin within two years after the effective date of the annexation of the area and shall be substantially completed within four and one half years after that date". However, if the annexation was initiated by petition of the land owners, the city and the land owners may agree in writing that the construction of capital improvements are "not reasonably expected to be completed within" four and one half years. (Refer to Section 43:056 of the Local Government Code in Appendix B) Policy 1 3.211 The service plan should summarise the service extension policies of the city and define the level of full municipal services to be provided to the area to be annexed. The costs of full municipal services should be weighed against the benefits of the regulatory authority gained by annexation and the revenues to be generated from the area proposed for annexation. Page 5 3.30 UU14J rg_-ITT 1,1h3TS AND--I1.J auNDANIES~ since a municipality may annex land within its extraterritorial jurisdiction, those boundaries should be defined and viewed as the corporate city limits of the future. When ETJ and corporate city limit lines split. properties, the resulting situation present problems with regards to the development of subject properties and the payment of ad valorem taxes and sales taxes. In defining ETJ and corporate city limits therefore, every effort should be made to identify physical boundaries which are easily discernible on ground such as roads, creeks and railroads. It should be noted however, that the use of the center line of a road for a corporate city limits line or ETJ line present problems with regard to maintenance. Where it is intended to use a road as a physical boundary, the right of way line should be adopted as opposed to the center line. Physical b.-undaries serve to del?neate development on ground and to determine which area is located in a municipality's jurisdiction for the purposes of providing municipal services and collection of advalorem and sales taxes. Policy 13.31r When defining Denton's ETJ and corporate city limits, every effort should be made to identify physical boundaries which are easily discernible on ground such as roads, creeks, and railroads. Whenever it is convenient to use a road as a physical boundary it is recommended that the right of way line be used as opposed to the center line. 3.40 ETIAPPORTIONMENT AGREEEME N TS Very often ETJ lines split proportion resulting in large tracts of land located in the ETJ of two or more municipalities. In order to facilitate the orderly development of those properties it is in the best interest of all concerned to negotiate an apportionment agreement which will allow those properties to be developed under the ETJ control of one munieipalit In view of Denton's relative size and capacity to provide utilities and other municipal services to future developments in the ETJ, it is likely that large land ownership straddling ETJ lines will indicate a preference to be in Denton's ETJ and ultimately in Denton's corporate city limits. Chart 11 contained in Appendix H Fhows a working process for establishing ETJ apportionment agreement with another municipality. Page 6 Policy # 3.411 In cases where a tract of land located in Denton's ETJ is contiguous to and is part of the ETJ of another municipality, Denton may consider a request by the municipality or the land owner to initiate actions to establish a joint ETJ apportionment agreement with regards to the subject tract. 3.50 RELEASE OF LAND EN TH E'PJ Denton's current ETJ in some instances extends to the corporate city limits of neighboring municipalities. Copper Canyon in the south was incorporated in Denton's ETJ in July, 1973. Copper Canyon has no ETJ area north of its Corporate city limits. In other circumstances Denton's three and one half mile ETJ extends beyond the corporate city limits and ETJ of surrounding municipalities in such a way that tracts of land in Denton's ETJ are surrounded on three sides by the city limits of other municipalities. This is the case with an area located in the Southeast corner of FM1830 and FM407 between Argyle and Bartonville. Denton agreed in principle to release that area to Argyle and eartonville pending a joint apportionment agreement between those cities with regards to the subject tract. (Denton City Council Meeting 02/20/90) Policy #3.511 Denton should retain control of all areas in its ETJ unless there are compelling reasons to release land to other municipalities. In releasing tracts of land in the ETJ consideration sball be given to al).$ but not limited to the following criteria. (a) The tract is physically isolated from Denton and surrounded on more than two sides by the corporate city limits and/or BTJ of another jurisdiction (b) The tract is outside of a recognizable bornlary beyond which the city does not intend to or is n,5. planning to provide municipal services and land .a,% control in the foreseeable future. (c) Denton will benefit from exchanges of eq.ol area or value with another municipality. (d) When an area in Denton's STJ abuts the corporate city limits of two or more municipalities, the Denton City Council will not usually consider the release of that Page 7 I i area to any one municipality unless the municipalities mutually agree as to the proper apportionment of that area. If the municipalities are unable to work out an agreement, then the City Council may consider the release of the said area subject to any compelling governmental reasons and in accordance with adopted city policies. (e) Requests and proposals with regard to the release of areas in Denton's ETJ should be characterized b dialogues with all interested parties and analyses open all relevant issues prior to consideration by the Planning and Zoning Commission and the City Council. I 3.60 ANNEXATION HY ANO'PNER MUNICIPALITY Denton corporate city limits and ETJ abut the corporate city limits and extraterritorial jurisdictions of many surrounding municipalities. It is possible at any time that a surrounding municipality may knowingly or unknowingly initiate annexation proceedings in an area located in Denton's corporate city limits or ETJ. A municipality may not annex an area located in Denton's ETJ with out the written consent from the Denton City Council. (Refer to Sections 43:023 and 43:051 of the Local Government code. Even if such an annexation is completed in violation of the state law, it may be validated after two years of the adoption of the annexation ordinance. (refer to Local Government Code Section 43.901) It is important therefore that Denton should always be vigilant with regard to such activities. If such an annexation is discovered after the process is completed, the city may take action to annul the annexation ordinance in accordance with the Local Government code. Policy 13.dli The City of Denton opposes all municipal annexations within its corporate city limits and STJ which have not been formally agreed upon by the Denton City Council. In cases where such annexations have been completed the City of Denton may pursue actions to annul the annexation ordinance in accordance with the Local Government Code. Page 8 I I 3.70 EFFE~"IVE DATE OF ANNEXAT The city is authorized to tax for ad valorem purposes for the calendar year only if the property is within the corporate city limits as of January 1st. It should be noted also that ad valorem taxes for an annexed area as of January 1st, are not made available to the city until the first quarter of the following calendar year. Therefore for the first year after annexation the city must provide municipal services from existing resources and not from tax revenues generated from the annexed area. Policy /3.711 In order to minimize the 1,egative fiscal impacts to the city's budget, consideration may be given for the scheduling of annexations to take effect as late in the calendar year as possible. This policy may not apply ifs (a) The area proposed for annexation is intended to protect the integrity, image and character of the city. (b) the health, The area proposed for annexation is intended tothprotect (e) The area proposed for annexation is vacant and the immediate need for municipal services is very minimal. ' I (d) The long term fiscal benefits to the city are obvious and the city council decides to proceed with annexation in order to expedite the development process, (e) The effective date of annexation is not related to the net fiscal impacts. 3.80 ANNEXATION AND ZONING 1 The zoning of newly annexed areas may be incorporated into the annexation ordinance. The zoning ordinance contained in Chapter 35 of the Denton Code of Ordinances, provides for the temporary zoning of newly annexed areas into the Agricultural "A" zoning district classification, until permanent zoning is established by the City Council. However, the annexation petitioner or the Planning and zoning Commission, or the City Council may initiate the zoning process to run concurrently with the annexation process. The legal requirements for establishing permanent zoning on the tract, such as notice to property owners and public hearings also have to be met when the zoning and annexation processes are combined. Page 9 I Policy 43.815 (a) In order to preclude newly annexed areas from being unzoned, the permanent zoning of the tract should be incorporated into the annexation ordinance. , (b) The procedures for establishing pereanent zoning may be combined with the annexation process so that the city council takes final action on the annexation and zoning petitions at the same time. When annexation and zoning procedures are combined, the annexation ordinance will include a section establishing permanent zoning on the area annexed, and the service plan will include the zoning classification. f 3.90 ANNEXATIO'r1_A11 THE VOTING RIGHTS ACT { Section IV of the Voting Rights Act provides for preclearance of all annexations by the Attorney General. In reviewing annexations the "Attorney General only considers the purpose and effect of annexations as it pertains to voting". In practice all annexations completed by the city are put together for submission to the Justice Department in February every year. The Justice Department require at least 60 days to respond to a submission. If the Department returns the submission for further information and or questions, another cycle of 60 days starts with the new submittal. The February submittal usually allows enough time for a response to hold the city elections in May. The preclearance requirements in Section 17 of the Voting Rights Lots are included in Appendix E. 3.100 S EXATION FOR FAILURE TO PROVIDE SERVICES Section 43.141 of the Local Government Code provides for disannexation if a municipality fails or refuses to provide services or to cause services to be provided to the area within four and one-half years or in accordance with the service plan. Following these procedures the majority of the qualified voters of an annexed area may petition the governing body of a municipality to disannex the area if the municipality fails or refuses to provide services to the area within four and one half years. If the governing body fails or refuses to disannex the area within Page 20 V sixty days after receipt of the petition, one or more of the petitioners may cause an action in a district court. If the court finds that a valid petition was filed with the municipality and that the municipality failed to perform its obligations in accordance with the service plan, the court shall enter an order disannexing the area. When an area is disannexed under this section it may not be reannexed within five years after the date of disannexation. If it is reannexed within seven years after the date of disannexation, the service plan must be implemented not later than one year after thn date of reannexation. A written petition for disannexation under this provision must: (i) Request the disannexation (ii) Be signed in ink by the appropriate voters as that person's name appears on the most recent official list of registered voters. (iii) Include a statement by each voter, stating residence address, precinct number and voter registration number. (iv) Include a description of the area to be disannexed with a plat or map attached l j (iv) Be presented to the secretary of the municipality. (v) Be posted for ten days in three public places within the annexed area and be published in a newspaper of general circulation serving the area, at least fifteen days before the petition is first circulated among tho voters. Proof of posting and publication is required in tho form of (a) a sworn affidavit by any voter who signed the petition, stating the places and dates of the posting. (b) a sworn affidavit of the publisher of the newspaper in which the notice was published stating the name of the news paper, the issue and date of publication. 3.110 plbq"N EX&UO OF M MPR U AREA Under Section 43.145 of the Local Government Code, the City of Denton may by ordinance disannex an unimproved area, which is composed of at least three contiguous acres and adjoining the city limits. An unimproved area may be defined as land with no permanent improvements, such as horses, utilities, and paved roads. (City of San Antonio V. State, 270 S.W 2nd 4600 463) Page 11 3.120 SANN~XATION OF AN AREA FROM THE CITY Land owners may petition the city to annex areas into the city limits in anticipation that development will take place in the short term. In some cases because of market fluctuations, developments are not realized as projected and land owners are saddled with city taxes for vacant zoned land. In a few instances subsequent land owners faced with this situation have petitioned the city for the disannexation of areas for failure to provide services even though the city has complied with the schedule of services as contained in the service plan. Refer to Appendix G for a typical service plan. In other cases land owners have requested disannexation simply because city sewerage was not immediately available even though existing septic tanks were adequate. Policy #3.121t (a) It is the responsibility of the city to comply with the schedule of services as provided in the service plan. (b) The Denton City Council will consider each petition for disannexation based on location and individual circumstances. (o) The City Council may deny a petition for disannexation for failure to provide services if the City bas complied with the schedule of services in accordance with the service plan. 3.130 MUNICIPAL r f--02R RATI NG JN THE ETJ In accordance with the Local Government code (section 42.041) a municipal incorporation in the ETJ requires the written consent of the governing body of the existing municipality. If the City Council refuses to consent to a proposed municipal incorporation, a majority of the qualified voters comprising at least 50; of the land owners in the proposed municipality, may municipality for annexation. A failure poritrefusal eofstthe municipality to annex the area within six months constitutes a consent to the incorporation of the proposed municipality. The proposed municipality must initiate incorporation proceedings with in six months and complete those proceedings within eighteen months after consent has been obtained. Page 12 Policy #3.131: The city of Denton will conduct an annexation study to determine the net benefits to the city over the long term if the area proposed for incorporation is to be annexed, The study including a service plan, will be presented to a city council study session for a determination to be made as followst (a) That the City of Denton opposes the incorporation and proposes to annex the area into the city limits, in this case the city will request a petition Sn accordance with section 42.041 of the Local Government Code to annex the area proposed for incorporation, (b) That the annexation of the area in the foreseeable future will result in significant negative fiscal impacts to the city's budget. in this case the City may consider giving written consent by resolution to jj the proposed incorporation. I 3.140 SPECIAL DI-S. RICTS Special Districts such as Municipal Utility Districts Road Utility Districts (RUD) very often impose high utilityDratee and taxes to users and land owners located in the district, when rates are high there is likely to be political pressures for the city to absorb those services and their bonded debts. The result may be higher per capita cost for those services. At the same time high rates and taxes imposed by special districts may result in land owners restating annexation because of additional taxes which go with full municipal services. During the decade of the 1980's many municipalities were faced with the creation of special districts in their jurisdictions. Some cities have adopted ordJnances outlining in great detail the information required by a proposed special district so that the city may evaluate the strength and weaknesses of the proposeu district. is uual In these rcumstances for ed negotiations tot follows between the cityiard the petitionersrfornthe special district in an effort to reach "mutually agreeable terms." Page 13 y 3.150 CREATION OF MUNICIPAL UTILITY DISTRICTS IN THE ETJ In accordance with the Water code (556.016) if the city fails or refuses to grant consent to a proposed Municipal Utility District "on mutually agreeable terms" in 90 days, then the majority of the electors may petition the city to provide the services contemplated by the proposed district. If the city fails to make a contract within 120 days after receiving the petition (with a majority of the qualified voters and the owners of at least 50 percent of the land in the proposed political subdivision) to provide services contemplated by the proposed political subdivision, that failure constitutes the City Councils consent to the creation of the political subdivision. The proceedings to create the political subdivision must be initiated within six months of obtaining consent and must be completed within eighteen months of the date of consent. If the city fails or refuses to consent or to execute a contract providing services then the applicant may petition the Texas Water Comnission for the creation of the political subdivision or the inclusion of the land in a political subdivision. On finding that the city does not have the reasonable ability to serve the area or has failed to make a legally binding commitment to provide adequate water and wastewater services at a reasonable cost to the land owner; the Texas Water Commission shall allow the creation of the political subdivision or inclusion of the land In a political subdivision. Under no circumstances shall the proposed district include areas in the corporate city limits without the written consent of the municipality. Chart 1 III shows a working process for the creation of a Municipal Utility District. (Refer to Appendix I) Policy 13.1511 The City of Denton will assess the economic feasibility of providing the services contemplated by the proposed district. Under no oircumstances will the city consent to the creation of a special district within the corporate city limits. A staff report will be presented to a City Council Study session for a determination to be made as followst (a) That the city gives written consent to the creation of the proposed special district k (b) That the city provide services as contemplated by the proposed special district. (c) That the city negotiate and set certain terms and restrictions on the proposed district in accordance with the Vater code. Examples of possible Page 14 restrictions area (1) construction of all facilities shall conform to the approved plans and specifications of the city. (2) The city sha) 1 have the right to inspect All construction to ensure compliance to standard specifications. (3) Restrict the purpose of bonds and notes to be issued by the proposed district. 3.160 CREATION OF ROAD UTILITY DISTRICTS IN THE ETJ: A Road Utility District (RUD) may be created in the City of Denton or the ETJ pursuant to Article 6674r-1, Vernon's Annotated Civil Statues. The RUD may issue bonds to finance or refinance the { cost to construct, acquire, improve, operate, repair, and maintain a toll road, including interchanges, overpasses, underpasses, entrance plazas, toll structures and service stations. The facilities to be constructed, acquired and improved are to be conveyed to one or mote iovernmental entities provided that each entity approves of the plans and accepts the conveyance. Usually the city will have not less than 90 days and not more than 120 days to review the preliminary plans and to determine whether the city will approve the plans and accept the conveyance of the facilities. When the proposed RUD is located in one or more cities or their ETJs, the County will seek the approval of the municipality, In this case the city will have a maximum of 55 days to respond or %dive its right to review the plans in accordance with Section 4, sub-section (f), Article 6674r-1. Policy f 3.1611 i The City of Denton will consider the specific implications with regard to a proposal to create a Road Utility District based on location, costs and potential for future development. Ah evaluation of the proposal along with a detailed review of the plans will be submitted to a City Council study session for a determination to be made as followee (u) The plans are in full compliance with the standards, specifications and approved plans/policies of the city. The City approves the proposed district and accepts the conveyance of the facilities. (b) Tte plans are not in compliance with city standards, specifications and approved plans/polioies. The city rejects the proposed district and refuse conveyance of the facilities. Page 15 ~I (o) The City may negotiate with the petitioners of the proposed district to provide the required facilities. 3.170 CREATION OE EMERGENCY SERVICE DISTRICTS IN THE ETJ Under the Health and Safety Code (Section 775.01 the qualified voters and owners of at least 50% of anearmait of eaolocated in the ETJ may present a written request to the city council for the creation of an emergency service district in Denton's ETJ. If the city council does not consent within a 60 day period, then the majority of the qualified voters and the owners of at least 50% of the area may petition the city council to make fire control and emergency medical and ambulance services available. The petition must be submitted within 90 days of the original request. The city's refusal to provide services or failure to act constitutes consent for the creation of the proposed district. Chart #IV contained in Appendix J shows a working process for the creation of an Emergency Service District. I Policy i3.1711 I The city of Denton will assess the economic feasibility of extending fire control, and emergency medical and ambulance services to the area proposed for the creation of an emergency service district. A staff report will be presented to a city council study session for a determination to be made as followst (a) That the city request a petition under the Health and Safety Code, Section 775.014 (b) to provide emergency services to the area, In this case the city would have six months to consider providing emergency services to the area. (b) That the city extends emergency services to the area, (c) That the city gives consent to the creation of the proposed emergency service district. 3.180 9REATION OF INDUSTRIAi; Q T___ RIGS 1h-T} _Uq In accordance with the Local Government Code 42,044) a municipality may designate any part of its ETJ as an industrial district and may treat that district in a manner considered by the Page 16 { city council to be in the best interest of the municipality. The city may make written contracts with land owners in the industrial district in order to (a) guarantee immunity from annexation for a period of not exceeding seven years; and (b) with other terns and considerations that the parties find to be appropriate. The contract may be extended for successive periods not to exceed seven years each. The municipality may provide fire-fighting services to the industrial district in any of the following manner: (a) Provide fire-fighting services to be paid for by property owners in the industrial district. (b) Contracting for fire-fighting services whether or not all or part of the services are to be paid for by the property owners of the district. (c) Contracting with property owners for them to provide their own services, (d) A property owner who provide his own fire-fighting services may not be required to pay for services provided by the municipality. Policy t 3.181= t The city of Denton may consider the creation of an industrial District in its ETJ as an additional incentive to promote the oityfs economic development policy as .ontained in the Denton Development Plan. in order to qualify for this and other incentives the specific industry or business must satisfy the criteria listed in the Denton Development Plan. 4.00 -ANNEXATION PROCEDURES The procedural requirements for annexation are set forth in Chapter 43 of the Local Government Code and Sections 1.03 and 34-93 of the Denton Code of Ordinances. (See Appendix H) Generally, there are two processes as follows: (a) An annexation study which includes a fiscal impact ysis and (b) A public hearing/ordinance reading prc..:ss. The average length of the entire process is sixteen weeks, over half of which time is required for the public hearing/ ordinance reading process. A step by step process for dealing with an annexation case is shown Page 17 1 on Chart Al on page 20. step 1. The annexation process starts with the filing of a petition for annexation or when City Council directs staff to proceed with an annexation study. Step 2: Staff conducts an annexation study. The policy with regards to conducting an annexation study is set forth in Section 3.20 of this Plan. The purpose of the annexation study is to assess on a case by case basis the costs and benefits to the city over a period of years. The annexation study is presented to the City Council at a study session for a determination to be made as to whether to proceed with annexation. It the city council decides to initiate annexation proceedings with or with out the annexation study, then council may adopt at the same time a schedule setting the date, time and place for the public hearings. Step 3: Staff sends letter to property owners (of tracts to be annexed) notifying of the intent of the City to initiate annexation proceedings in accordance with an adopted schedule. The letter is sent by certified mail to the name and address as shown on the current Denton County Appraisal District tax roll. I 5tgp4: Notice of the first public hearing Denton Record Chronicle. The date of thefirst upublic d hein the aring should be more than 10 days but not more than 20 days after the date of publication of the notice. Notice should also be given to each railroad company on the city's tax roll if that company's right-of-way is located in the area proposed for annexation. At least one of the public hearing should be held in the area proposed for annexation if more than 20 adult residents of the area file a written protest of the annexation with the city secretary within 10 days of the publication of the notice. _5L City Counoi.l holds first public hearing intended to give all persons who are interested in the annexation the opportunity to testify. The hearing is held no earlier than 10 days and not more than 20 days aLzer the date of the publication of the notice. 'i to • Notice of the second public hearing is published in the Denton Record Chronicle. The date of the second public hearing should be no earlier than 10 days and not more than 20 days after the date of the publication of the notice. B W 7: City Council holds the second public hearing no earlier than 10 days and not later than 20 days after the date of publication of the notice. Page IS Step OA The Planning and Zoning Commission considers the annexation and makes a recommendation to the city council. If the zoning and annexation procedures are combined then the Planning and Zoning Commission will hold a public hearing and consider making a recommendation to the city with regard to the permanent zoning of the area proposed for annexation. Step 9: The City Council institutes annexation proceedings by receiving the annexation ordinance. This action by the city Council must be conducted not later than 40 days after the first public hearing (step 5) and more than 20 days after the second public hearing (step 7). Section 1.03 of the Denton Code of ordinances requires a four fifths vote of the city council to take action on matters regarding annexation. Stteen 10, The annexation ordinance is published in the Denton Record Chronicle, f~ step 11: City Council takes final action and adopts the annexation ordinance at least 30 days after the publication of the ordinance,(step 10) but not later than 90 days after the institution of annexation proceedings (step 9). This action of the I City council will require a four fifths vote of Council membership to finally adopt the annexation ordinance. If the zoning and annexation procedures are combined (refer to step 8) then City Council will consider both the zoning and annexation at the same time. I Step 12: A certified copy of the annexation ordinance includii,g the legal description and the service plan is sent to all City Departmenta, County offices and the State Comptroller's office. (See list in Appendix K) Uttp 13t The Tax roll of the Denton County Appraisal District (DCAD) is checked to ensure that the newly annexed area is accurately included in the tax records. The DCAD prepares the Tax roll in March of the following year for all annexations finalized on December 31. i i I i Page 19 1 I E CHART #11 ANNEXATXON PROCESS Ann,,.xation petition i+ filed or City faunal direcu staff to evnduci an annexatina study city Council rrceim annexation study and determines whether to promd with annexation, Council sets dair, time and place for public hearing. Staff inlorm property owners about the propLwrd annexatior t Notice or first public hearing is published in the Denton Record Chronicle. More than _ t0 days but leg than City Council holds Pint public hearing. The date of the hrarng must 20 days be more than 10 days but not more than 20 days after the publication date, Notice of second public hearing Is published in the Denton Record Chronicle. More than 10 days but less than feu than oz Council holds second public hearing. The date of the hearing 20 days 40 days rust be more than 10 days but not more than 20 days after the publication dart, planning and Zoning ComroNxion mnsiden annexation (and More than toning, if processes are combined) and makes a recommendation to 20 days the City Council. Goy Council by a fourfifths vote insdrutm annexation proceedings, This action must be conducted not later than 40 days after the first public hearing and more than 20 days after the second public hearing. Annexation ordinance (cep ;on) Is published In the Dcntun Record [east titan t7 ron ck. 90 days More than - 30 days City Council rakes (71 nil action by a four-f Us vote to adopt the annexation ordinance, after 30 days of the publication of the ordinance, but not later than 90 days after the Insdrudon or anrtcxation proceedings. A certified copy or the annexation ordinance with the sctvlce plan ■nd legal dc"ption Is sent to all City Service Depertmenu County Ofrxes, State Oomptrollces Office etc.(Sce list In appendix The Denton County Appraisal District lax roll fs checked to ensure that the newly annexed area b accurately Included. Page 20 I i I I 5.00 WORK F).FMj:, The following components have been identified for further work as part of the findings and recommendations of this Plan. (a) ETJ apportionment agreement with surrounding towns and cities, and (b) Fiscal impact study. 5.10 J PPO _ ME T AGREE-M ENT Denton currently has ETJ apportionment agreements with Shad Shores, Corinth and Argyle. Denton's current ETJ traverses large tracts of land under one ownership. In order to encourage and promote the orderly development of these tracts in the future it is proposed to establish ETJ apportionment agreements with neighboring towns and cities. Work on this component is proposed to start with Sanger, Ponder and Northlakes. 5.20 FISCAL JMPAC T Y The fiscal impact study will calculate the net costs and benefits to the city over the long tern when a specific tract of land is currentd fiscal annexation. impacto models The study will the Include total the use of costs of providing full municipal services to the area proposed for annexation, the projected revenues from sales and advalorem taxes and the net fiscal impacts to the city over time. The fiscal impact study will be conducted on a case by case basis following the initiation of annexation. The findings of the study will be presented to the City Council work session for a determination to bp made as to whether the city should proceed with the annexation f the tract. In cases where it is expedient for the city to initiate annexation with obvious benefits over the long term, the City council may waive the fiscal impact study. Page 21 VI. APPENDICES ~1PPENDIX~ CIT LIMITS AND FTJ OF SURROUNDING TOWNS AND CITIFS f'. The corporate city limits and ETJ of surrounding towns and cities within three and one half miles of Denton's uninccrporated area are reviewed as follows: i I OW i OF SHADY SHOM In August 1974 the City of Denton and the Town of shady shores established an ETJ apportionment agreement which released to Denton exclusive ETJ control over all areas as described in ordinance #74/33. TOWN July 1971, the City of Denton and the Town of Corinth agreed to ' an ETJ apportionment agreement which released to Denton exclusive ETJ control of all land as described in Ordinance ,J71/25, T1A0L COPPER CANYON I J In 1965 Denton's incorporated area extended to a point approximately 3800 feet south of Hickory Creek Road on FM 2181 and Denton's ETJ extended south of Hickory Hill Road. When Copper Canyon Incorporated in July 1973, the northern portion of its incorporated area has been located in Denton's ETJ. Copper Canyon currently has no ETJ area surrounding its northern city limits. CITY OF ARGYLE ' In accordance with an apportionment agreement dated November 18,1969 Denton and Argyle agreed to ETJ line which extends from the south west corner of the E. Pizano Survey Abstract 1A994 approximately 5740 feet West of the I-35 W on Crawford Road and terminated on the south west corner of the W. Gazaway Survey Abstract 1A491. (Refer to Apportionment Agreement dated July 180 1969 and filed with the Denton County Clerk, VOL. 716 page 145) In 1975 Denton extended its corporate city limits 600 feet south of Hickory Hill Road which accounted for the southern ETJ line being Page 1 1 two miles south of that strip. A subsequent apportionment agreement dated December 15, 1981 eAtended Argyle's ETJ control further east with a line commencing at the centerline of FM 407 and FM 1830 and terminating on Hickory Hill Road and Gibbons Road. (Refer to Apportionment Agreement dated December 15, 1981) Denton Further agreed in principle to release the area shown in the W. Blalock Survey Abstract I A44 from its unincorporated area to both Argyle and Bartonville pending an apportionment agreement between those cities with regards to the subject tract. (Denton City Counuil Meeting 02/20/90) TOWN OF NORTHLAKE The current city limits of the Town of Northlake commences approximately 9000 feet west of the I-35 W on Crawford Road and follows Crawford Road to the intersection of Florance Road and Blair Road as shown on the ETJ Map. With a population of 250 (1990) Northlake has an ETJ of half a mile outside of its corporate city limits. Northlake's current ETJ north of Crawford Road and East of Florance Road, traverses large tracts of land which are also located in Denton's unincorporated area. In view of Denton's relative size and ability to provide municipal services to these tracts it is proposed that Denton arid Northlake negotiate an ETJ apportionment agreement which will facilitate the orderly development of the subject tracts in the future. JQWN OF PONDER The eastern corporate city limits of the Town of Ponder, (1990 population 432) incorporated in 1965, exists on Florance Road south of FM 2449 as shown on the ETJ Map. Ponder's ETJ traverses smaller tracts of land north of Florance Road and FM 2449 intersection. A proposed ETJ apportionment agreement line is shown on Map $6. The proposed ETJ Apportionment Agreement line follows Florance Road to FM 2449 then to the west property line of the Douglas Hutchinson tract (54.2 acres) then west along the south property line of the Weldon Young tract (257.7 acres) and then following the east survey line of the N. Rudder Survey Abstract OA1060 and the east survey line of the E. Pizano Survey Abstract$ A991 to HWY 156. DOWN of KRUM The Town of Krum (1990 population 1542) incorporated in 1954 currently have an ETJ line of half a mile cr"tside it corporate city limits as shown on the ETJ Map. Since Denton's ETJ encompasses the Town of Krum on all sides, it is proposed to negotiate an ETJ Page A-2 apportionment agreement line all around Krum. _CITY OF SANGER The City of Sanger with a 1990 population, of 3,508 currently have an ETJ line which extends half a mile outside its corporate city limits. Denton's current ETJ of three and one half miles extends north to FM 455 and abuts the eastern boundary of Sanger's unincorporated area. i CITY OF PILQT POINT The City of Pilot Point with a 1990 population of 2,538 currently have an ETJ line of half a mile outside its corporate city limits as shown on the ETJ Map. CITY OF KRUGERVILLE AND CITY OY AUBREY The City of Krugerville (1990 population 735) and the city of Aubrey (1990 population 1,138) both have ETJ lines extending half a mile outside their corporate city limits. The City of Denton's ETJ of three and one half miles currently extends to the unincorporated areas of both Krugerville and Aubrey. i Page A-3 APPENDIX 13: Annexation and Related Provisions in the 1992 Texas [Anal Governrunt Code SUBTITLE C. MUNICIPAL BOUNDARIES I adopt an ordinance requiring a survey of the bound. AND ANNEXATION aries of the municipality to be made. CHAPTER 41. MUNICIPAL BOUNDARIES (b) The survey must be based on the boundaries Section designated in the petition for incorporation, no 41.001. Map of Monw;pal Boundaries. field notes of the survey must be recorded in the 41.Ools. Notke of Municipal Boundary Change, minutes of the municipality and in the deed records 41.002. Boundary Suney in General law Munirii,alities. of the county in which the municipality is located, 41OOJ. Inclusion of Area Receiving Longstznding Treatment as Part of Municipality. Acts 1987, 70th Leg., ch 149, t 1, eff. Sept. 1, 1987, j 41,004. Boundaries not Affected by Change to Type A General taw N4r,16pality. E 11,003, inclusion of Area Receiving Long. 1 41.001, Map of Municipal Boundaries standing Treatment as Part of Mu- nicfpality (a) Each municipality shall prepare a map that shows the boundaries of the municipality. A copy (a) The ,qucerning body of a municipality may of the map shall be kept in the office of the secre• adept an ordinance to declare an area that is adjs- tary or clerk of the municipality, If the munlcipali- cent to the municipality and that meet, the require- ty has a municipal engineer, a copy of the map shall menu of Subsection (b) to be a part of the muninl• also be kept in the office of the engineer. pality. The adoption of the ordinance creates an irrebultable presumption that the area Is a part of (b) If the municipality annexes territory, the map the municipality for all purposes. The presumption shall be immediately corrected to include the an- may riot be contested for any cause after the effee. nexed terr+ton,'. The map shall be annotated to live date of the ordinance, indicate; (1) the date of annexation; (b) An area qualifies for inclusion in a municipalio (2) the number of the annexation ordinance, if ty under this section only if, on the date of the any; and ad•,ption of the ordinance: (3) is, reference to the minutes or municipal (1) the records of the municipality indicate that ordinance records in which the ordinance is re- the area has been a part of the municipality for at corded In full, least the preceding 20 years( Acts 1981, 70th Leg, ch. 149, 1 1, eff. Sept. 1, 1987. (2) the municipality has provided municipal ser- vices, including police protection, to the area and 1 41.001& Notice of Municipal Boundary Change has otherwise mated the area as a part of the (a) If an area is annexed to or disannexed from it municipality during the preceding 20 years; munkipality, the mayor or other presiding officer of (3) there has not been it final judicial determl- the governing body of the municipality shall, within nation during the preceding 20 years that the 30 days after the date of preclearance under Section arcs is outsi4e the boundaries of the munlelpishty; S, Federal Voting Rights Act (42 U.S.C. Sec. 1973c), and of the annexation or disanrexation, send to the county clerk of each county In which the municlpsli (4) there to no pending lawsuit that challenges ty Is located a certified copy of documents showing the inclusion of the srea as part of the munkipaLL the change in boundaries. ty. (b) The county shall promptly correct to reflect (c) The date on which an area that is made a part the change in municipal boundaries any official of a munkipality under this section Is considered to county map kept by the county that would be affect- be a part of the municipality Is retroactive to the ed by the change. date on which the municipality began its continuous Acts 1989, 71st Leg, ch. 116o, 1 1, eff. Aug. 28, 1989. treatment of the area as part of the municipality. That date shall be used for all relevant purposes, 1 41.002. Boundary Survey In General-Law Hu• including a determination of whether territory atleg- nlclpalltles edly annexed by the municipality was adjacent to (s) Immediately after the members of the govern- the municipality at the time of the purported annex. Ing body of a newly incorporated general-lax music. ation. IpaUty qualify for office, the governing body shall Acts 1987, 70th W., ch 149, g 1, off. Sept 1, 1989. B•1 ORGANIZATION OF NIUNICIPAL COVERN.MNT § 42,012 ll.ooi. Roundarlos not Affected by Change to See on Type A Ceneral•f aw %funIcipality 4290tf3, Extraterritorial Jurisdiction of Certain T}W B or if a municipality changes to a Type A generallaw C General Law Munkipalitiee. municipality under Subchapter B of Chapter 6,' the SUBCITAPTER A. GENERAL PROVISIONS boundaries of the municipality remain the same as they existed under the law governing the municipal- , 42.001. Purpose of Extraterritorial Jurindle• ity before the change. After the charge, the bound. Lion areea are subject to the law governing Type A The legislature declares it the general-law, municipalities. policy the slate to designate certain areas a the extra raterritorial Acts 1987, 70th leg„ ch. 149, J 1, eft. Sept. 1, 1987, jurisdiction of municipalities to promote and protect Isc lioosort the general heafth, sarety, and welfare of persons rtsiding in and adjacent to the municipalities. C'IIAPTF:R 42. EXTRATERRITOR1Af, Acts 1987- 7M Leg., ch. 149, 11, eff. Sept 1, 1987. JUR1SDWrION OF MUNICIPALITIES [Sections 42.002 to 42.020 reserved for expansion) I~ I SUBCHAPTER A. GENERAL PROVISIONS SUBCHAPTER B. ULTERMINATION OF EXTRATERRITORIAL JURISDICTION ~ Section 42.001 Purpose of Extraterritorial Jurisdiction. f 42.021. Extent of Exlrattrritorlal Jurisdictlon (Sections 42002 to 42020 reserved for exparxion) The extraterritorial jurisdiction of a municipality k the unincorporated area that Is contiguous to the SUBCHAPTER B, DETERMINATION OF corporate boundariea of the municipality and that is EXTRATERRITORIAL JURISDICTION located. 42,021. Extent of Extraterritorial Jursdicdon. (1) wilhhl one-half mile of those boundaries, In 42022. Expansion of Extraterritorial Jurisdiction. the case of a municipality with fewer than 5,D00 42.023 Reduction of Extraterritorial Jurisdiction. inhabitants; (&h1ona 42,024 to 42.040 reserved for expansion) (2) within one mile of those boundaries, in the case of A municipality With 5,000 to 24,9994nhab SUBCHAPTER C. CREATION OF GOVERNMENTAL itanta; ENTITIES IN EXTRATERRITORIAL JURISDICTION 42,041. Munk; al Incorporation (3) within two miles of those boundaries, In the p in Extraterritorial Juris• diction. case of a municipality with 25,000 to 49,999 Inhab- 42042 tion . Creation of Political Subdivision to Supply Water itants, or Sewer Services, Roadways, or Drainage Fa. (4) within 3t/s miles of those boundaries, in the cilities in Extraterritorial JuMdktion. case of a municipality with 50,000 to 99,999 Inhab• 42.043. Requirements Applying to Petiuoa itants; or 42,014, Cresuon of Industrial District in Extratrrritoru Jurisdiction. (5) within Ave miles of those boundaries, In the 42.045. Creation of Political 9ubd"lon in lndustrial Dis: case of a municipality with IDO,000or more Inhab• trict itants. 42.046. Designation of a Planned Unit Development Dis• trkt in ExtrsterritorW Jurisdiction, Acts 1987, 70th fag., eh. 149. 11, off. Sept J, 1987, 42041, Creation of A Political Subdivision In an Area Proposed for it Planned Unit Development D is. 142-022, Expansion of Extraterritorial Juriedfe• met Lion 42.048. Municipal Incorporation in Extraterritorfal Jurif diction. (a) When a municipality annexes an area, the (Section 42.049 to 42900 reserved for ex extraterritorial jurisdiction of the municipality %x• Fenxan) panda with the annexation to comprise, consistent SUBCHAPTER Z. MISCELLANEOUS PROVISIONS with Section 42.021, the area around the new mun1o- 42,901, Apportionment of Extraterritorial Jurisdictions ipal boundaries. That Overly ped on Augguuat 23, 1%3. (b) The extraterritorial jurisdiction of a munk(pst • 42,902. Restriction Agaalnot Impoatng Tax in Extraterrito. ity may expand beyond the distance limitations (To- riot Jurisdiction. posed by Section 42.021 to include an area 0ontiE- B-2 I I § 42.022 LOCAL GOVERNMENT COUF. uous to the otherwise existing extraterritorial juris• with either time requirement terminates the con- diction of the municipality if the owners of the area gent request the expansion. (e) This section applies only to the proposed mu. ' (c) The expansion of the extraterritorial jurisdie• nkipality's area located in the extraterritorial juris- 1 tion of s municipality through annexation, request, diction of the existing municipality, or increase in the number or inhabitants may not Acts !987, 70th I,eg„ ch, 149, ¢ I, eff, SePL 1, 1987, include any area in the existing extraterritorial jur• isdiction of another municipality. ¢ 42.042, Creation of Political subdivision to Acts 1987, 70th f.rg, ch. 149, ¢ I, eff. Sept 1, 1987. Supply Water or Sewtr Servkes, Roadways, or Drainage Facilities in ¢ 42.023. Reduction of Extraterritorial Jurl.sdie- Fxtraterritodel Jurisdiction lion (a) A polit'eal subdivision, one purpose of which is I The extraterritorial jurisdiction of a municipality to supply fresh water for domestic or commercial may not be reduced unless the governing body of use or to furnish sanitary sewer services, roadways, the municipality gives its written consent by ordi. or drainage, may not be created in the extraterritr nance or resolution, except In cases of judicial ap rial jurisdiction of a municipality unless the govern. portionment of overlapping extraterritorial jurisdie- Ing body of the municipality gives its wrilkn con. lions under Section 42.90E sent by ordinance or resolution in accordance with Acts 1987, 70th Leg., ch. 149, ¢ 1, eff. 8cpt 1, 3987, this subsection and the Water Code, !n giving its consent, the municipality may not p!aee any condi- (Sections 42,024 to 42.040 reserved for expansion) bons or other restrictions on the creation of the svision other than uSection 540IQe),'AatersCnde~ressly per. SUBCHAPTER C. CREATION OF GOVERN' mitlted by MENTAL FNTITIES IN F,XTRATERRITORI• (b) If the governing body fails or refuses to give AL JURISDICTION its consent for the creation of the political subdivi- ¢ 42.041. Municipal Incorporation In Extraterri. lion on mutually sgreeabie terms within 90 days tonal Jurisdiction after the date it receives a written request for the consent, a majority of the qualified voters of the (a) A municipality may not be incorporated in the area of the proposed political subdivision and the extraterritorial jurisdiction of an existing municipal- owners of at least 50 percent of the land In the ily unless the governing body of the existing munic. proposed political subdivision may ipatity gives its written consent by ordinance or eroing body to make avat''able to he ereethew ter, resolution. sanitary sewer services, or both that would be pro. (b) If the governing body of the existing municE vided by the political subdivision. pality refuses to give its consent, a majority of the (c) If, within 120 days after the date the govern- qualified voters of the area of the proposed muni6 Ing body receives the petition, the governing body pality and the owners of at feast 50 percent of the fails to make a contract with a majority of the land In the proposed municipality may petition the qualified voters of the area of the proposed political governing body to annex the area, If the governing subdivision and the owners of at least 50 percent of body fails or refuses to annex the area within six the land In the proposed political subdivision to months after the date it receives the petition, that provide the services, that failure constitutes the failure or refusal constitutes the governing body's governing body's consent to the creation of the consent to the incorporation of the proposed munici- proposed political subdivisioa, pahty. (d) The consent to the creation of the politial (c) The consent to the Incorporation of the pro- subdivision is only an authorization to Initiate pra posed municipality is only an authorization to initi- ceedings to create the political subdivision as provi l- ate Incorporation proceedings u provided by law, ed by law. (d) If the consent to initiate incorporation pro' (e) If the consent to initiate proceedings to create ceedingo is obtained, the incorporation must be Initl- the politkal subdivision Is obtained, the proceedings steel within six months after the date of the consent must be Initiated within six months after the date of and must be finally completed witht3 IS months the consent and must be finally completed within IS after the date of the consent Failure to comply months after the date of the consent. FaBure to B-3 ORGANIZATION OF MUNICIPAL GOVERNMENT § 42,043 amply with either time requirement terminates the district is to be converted to a district with taxing corsent. authority that provides utitity services, this section (fi If the municipality fails or refuses to give its APPlies to the conversion. ronscnt to the creation of the political subdivision or (k) This section, except Subsection O, applies only fails or refuses to execute a contract providing for to the proposed political subdivislon's area located in the water or sanitary sewer servi!es requested the extraterritorial jurisdiction of the municipality, within the time limits prescribed by this section, the Acts 1987, 700 L 1981 applicant may petition the Texas Water Commission Amended by Acts 1989, 713t 1I r8 ' ch 1eff, , eff. Aug. Sept f, for the creation of the political subdivision or the 28, ISP9; Acu 1989, 71st Log . inclusion of the land in a political sulhdivision. The 1989 , ch. IoSB, 4 1, elf, Sept. 1, commission shall allow creation of the political sub. Secmn 9(a) of AcU 1999, 719t leg, ch. 1 proridet: "Sulaccuons (b) through (k) of thu section amend the Lori division or inclusion of the land in a Proposed polio- Catmrnent Code to conform to Specks 1, Chapter loo, and cal subdivision on finding that the municipality el. Wkns t through k 7, and S. chapter 1077, Ana of uK 700 ther does not have the reasonabir ability to scrv: or leiWa'urc, Regular Smoon, 1987." has failed to make a legally binding commitment S ct,on 4 of Acts 1989, 71st leg, ch, 10$9 provides: with sufficient funds available to provide water and after ter SarptsActmui ner 1ca only to a munlalpa) anneention mpkUd on or led , 19 A monk Iasi in the t tiens me he. wastewater service adequate to serve the proposed fort tae dots is `olern rted by the tax in efl af7ell l A at the the development at a reasonable cost to the landowner. anr,cUon b comple Led, and the fer"Al tar Is continued b effect The commitment must provide that ecnstruction of for xu puryose." the fa:ilities necessary to serve the ?and will begin ¢ 42,01$, Requirements Applying to Petitlon within two years and will be substantially completed (a) A petition under Scction 42,041 or 42,042 within 4-h years after the date the petition was must filed with the municipality. (g) On an appeal taken to the district court from (I) be written; the Texas Water Commission's ruling, all parties to (2) request that the area be annexed or that the the commission hearing must be made parties to the services be made available, as appropriate; r appeal, The court shall hear the appeal within 120 (3) be signed in Ink or indell'ble pencil by the days after the date the appeal is filed. If the case appropriate voters and landowners; is continued or appealed to a higher court beyond (4) be signed, in the rase of a person signing as the 12"ay period, the court shall require the cep- a voter, as the person's name appears on the most pealing party or party requesting the continuance to recent official list of registered voter; post a bond or other adequate security in the (5) contain, in the case of a person signing as a amount of damages that may W incurred by any vuter, a note made by the person stating the party as a result of the appeal or delay from the person's residence address and the precinct outer commission action. The amount of the bond or ber and voter registration number chat appear on other security shall be determined by the court the person's voter registration certificate, after notice and hearing. On final disposition, a (4) contain, in the cane of a person signing u a court may award damages, including any damages landowner, a note made by the person opposite for delays, attorney's fees, and costs of court to the the person's name stating the approxlnate total prevailing party, acreage that the person owns is the area to be (h) A municipality may not unilaterally extend the annexed or serviced; time limits prescribed by this section through the (7) describe the area to ¢e annexed or serviced adoption of preappiiation periods or by passage of and have a plat of the area attached; and any rules, resolutions, ordinances, or charter provi- (8) be presented to the secretary orOerk of the sions. However, the municipality and the petitioner munkip6lity, may jointly petition the Texan Water Commission to (b) 'pie signatures to the petition need trot be request an extension of the time limits. appemted to one paper, Repealed by Acts 1999, 71st Leg., ch. 1058, (c) Before the petition is circulated among the 1, eff. Sept 1, 1989. voters and landowners, notice of the petitbn must The consent requlrements of this section do be given by posting a copy of the petition for 10 not apply to the creation of it special utility district days In three public places In the area to be anacxed under Chapter 65, Water Code. If a special utility or serviced and by publishing the notice once, in a B-4 1 § 42 013 LOCAL GOVERNMENT CODE newspaper of general circulation serving e, area, (3) contracting with the property owners of the before the 15th day before the date the ,.en is district to have them provide for their own fire, first circulated. Proof of posting and publication fighting services. must be made by attaching to the petition presented e)fiAproperty owner e under pr s-item( may his n to the secretary or clerk: fir ghg art of the cost of rye-fighting (1) the affidavit of any voter who signed the required to pay a nY P petition, stating the places and dates of the post- services provided by the municipality to other prop- erty owners in the district. ing; tcta 1987, 40th Leg., ch. 119, 1 1, eff. Sept 1, 1997. ' (21 the affidavit of the publisher o the newspa- h per in which the notice was published, ststing the 42.045. Creation of Political Subdivision In 1n• name of the newspaper crd the issue and date of duatrlal District publication; and (a) A political s+ubdivisior, one purpose of which is (3) the affidavit of at !cast three voters who to provide services of a governmental or, proprietary signed the peLitian, if there are that many, stating nature, may not be created in an industrW district the total number of voters residing In the area designated under Section 42.044 by a municipality and the approximate total acreage in the area. unless the municipality gives its written consent by t, eft. Sept 1, 1987. ordinance or resolution. The municipality shell give Acu 1981, 70th Leg., ch. U9, 1 or deny consent within 60 days after the date the ¢ 12.044. Creation of Industrial Jurisdiction Dlalrlcl In Ex- Failure to give or deny consent in the allotted peerwd crater:itorlal al Jurisdiction constitutes the municipality's consent to the (niti• (a) In this section, "industrial district" has the stion of the creation praceedings. meaning customarily given to the term but also (b) If the consent is obtained, the creation pro includes any area in which tourist-related business- ceedings must be initiated wirhfn stx months after es and facilities are located. the, date of the consent and must be finally complet• 1 (b) The governing body of a municipality may ed within IS months after the date of the consent. designate any part of its extraterritorial jurisdiction Failure to comply with either time requirement too- as an industrial district and may treat the designate minates the consent for the proceedings. ed area in a manner considered by the governing Acu 1987, 70th Leg„ th. 149, 1 1, eff. Sept 1, 1981. body to be in the best inWW's of the municipality, ~ 42.046. Designation of a Planned Unit Deret• (c) The governing body may make written con- opment District In Extrnlerritorld tracts with owners of land in the industrial district: Jurisdiction (1) to guarantee the continuation of the extra- (a) The governing body of a munic(ivllity that territorial status of the district and its immunity has disannexed territory previously annexed for lir- from annexation by the municipality for a period ited purpoasa may designate an area within its not to exceed seven years; end extraterritorial jurisdiction u a planned nn)t devel- (2) with oilier terms and considerations that the opment distrkt by written agreement with the own- parties cona'ider appropriate. er of the land under Subsection (b). The agreement (d) The parties to a contract may renew or extend shall be recorded B the deed records of the county it for a Iccess(ve periods not to exceed seven years or counties in which the land is located. A planned each. unit development distrkt designated under this sec- tion shall contain no less than 250 acres, If there (e) A municipality may provide for adequate fire- are more than four owners of land to be destgratod fighting services In the industrial district by: as a single planned unit development, esch owner (I) directly furnishing rtre-fighting services shall appoint s single person to negotiate with the that auo to be paid for by the property owners of munkipslAy and authorize that person to bind each the distrk: owner for purposes of this azction• (2) contracting for fire-fighting services, whet!- (h) An agreement governing the creation, dev6 er or not 0 or a part of the services are to be opment, and existence of a planned unit develop paid for by the property owners of the d'utricl; or ment Alstrkt established under this section shall be B•5 ORGANIZATION OF MUNICIPAL GOVERNMENT § 12,048 between the governing body of the municipality and 1 42.041. Creation of a Political Subditislon In the owner of the land subject to the agreement, an Area Proposed for a Planned Unit The agreement shall not be effective until signed by Derdopment Diatrid both parties and by any other person with an inter. est in the land, as that interest is evidenced by an If the governing body of a municipality that has tnstrun ent recorded in the deed records of the disannexed territory previously ennexed for limited county or counties in which ti.e land is located. The Purposes refuses to designate a planned unit devel- parties may agree: opment district under Section 42.046 no later than 190 days after the drte a request for the designs. (1) to guarantee continuation of the extraterri- lion is filed with the municipality by the owner of tonal status of the planned unit development dis• the land to be included in the planned unit develop. trict and its immunity from annexation by the ment district, the municipality shall be considered to { municipality for a period not to exceed 15 years have given the consent required by Section 42.041 to ? after the effective date of the agreement; the iworporation of a proposed municipality indud- j (2) to authorize certain land uses and develop- ing within its boundaries all or some of such land. ment within the planned unit development; If consent to incorporation Is granted by this sub. (O) to authorize enforcement by the municipali• section, the consenting municipality waives C, ty of certain municipal land use and development any c to challenge the proposed Incorporation in any court ' regulations within the planned unit development i district, in the s,me manner such regulations are Acts 1989, 71st leg, ch. 822, 1 S. eft. Sept 1, 1989. j enforced within the municipality's boundaries, as may be agreed by the landowner and lh: munici• 4 42.018. Municipal Incorporation In Extraterri• pality; torial Jurisdiction (4) to vary any watershed protection regula. 71ert ojifchion effective until bfarc8 f, ip9i tions; (a) A munkipality may not be incorporated in the (5) to authorize or restrict the creation of politi• extraterritorial Jurisdiction of an existing municipal- cal subdivisions within the planned unit develop- ity that adopts in ordinance effecth'e no later than ment district: and October 1, 1989, establishing procedures ftr desig- (6) to such other terms and considerations the nation under the authority of Section 42.046 of a parties consider appropriate, planned unit development in its extraterritorial jar. isdiction unless the governing body of the existing (c) The agreement between the governing body of municipality gives its written consent to incorpo• the munkipality and the owner of the land within ration of the new municipality by ordinance or rasa the planned unit development district shall be bind- lution, cr unless consent is granted under Section ing upon all subsequent governing bodies of the 42,047. The muncifality shall give or deny its municipality and subsequent owners of the land consent by ordinance or resolution no later than 60 within the planned unit development dialrict for the days after the date the municipality receives a writ. term of the agreement ten request for consent to incorporate. Failure to (d) An agreement or a decision made under this give or deny consent in the allotted period eonstF section and an action taken under the agreement by tutee Lhe munkip0Ys consent to the Initiation of the parties to the agreement are not subjeA to an incorporation procecdiags. approval or an appcal brought under Section 26.177, (b) The consent to Incothmelon of the pro" Code, municipality u only an cuthorization to InitiateIn. Acto 1989, 71st tag., ch. 822, 1. 6, eff, Sept 1, 1989, corporation proceedings as provided by law. Amended by Arta 1991, 72nd 1.eg, ch. 891, } 1, eff. June 8, 1)91. (c) if the consent to initiate Incorporation pro Section I of the I K I ane.,dawry act provides: ct ings is obtained, the incorporation must be initip "rxnpt for an ordinann or other set of s city punuint to aced within six months after the date of the consent Sccuua 42.044, least Covtmwnt Cede, a so agreement w& and must be finally completed within 18 months pun ,ant to that section, this act 4m not affect the ability of a after the date of the conseoL Failure to eoru I perx,nt to 1"t under 6ubteclan tdl, Sectba 26.171, Wster code, with either time P y in ordinance of other act of a city nlldhe to rater potlut;on requirement terminates the can. eontrol and abatement outside the eerporaL limas of au A city." senL B-6 III 42.018 LOCAL GOVERNMENT CODE (d) This section applies only to the proposed mu- to each other, but with each municipality retch. nicipality's area loca'. 4 1 the extraterritorial juris• ing at )east one-tenth of the arcs. diction of the existing is nicipality. (c) An apportionment under this section must con- (e) This section expires March 1, 1992. eider existing property lines. A trot of land or (f) This section does not apply to the Incerpo- adjoining tracts of land that were under one owner. ration of a proposed municipality if the area tnelud• ship on August 23, 1903, and that do not exceed 160 acres may not be apporduned so u to be in the from in the the limited proposed municipality was disannexed extraterritorial jurisdiction of more than one munI6 ~ from purpose territory of the existing municipality under Section 43.135. Incorporation of Polity unless the landowner gives written consent to a proposed municipality including only land disan• that apportionment, nexed under Section 43.135 shall be in accordance Acts 1987, 70th Leg, cA 149, 1 1, eff. Sept 1, 1987. with Subchapter C, Chapter 42. 1 42.902. Restriction Against Imposing Tax in Acts 1959, 711t Leg, ch. 822, 1 5, eff Sept I, 1989. F.xtralerritorial Jurisdiction (3ecdons 42,049 to 42.900 reserved for expansion) The inclusion of sn ores in Uie extraterritorial SUBCHAPTER Z Jurisdiction of a municipality does not by itself authorise the municipality to Impose a tax in the MISCEII.ANEOUS PROVISIONS area. 1 42,901. Apportionment of Extraterritorial Jur• Acts 1987, 70th Leg., ch. 149, 1 1, eft Sept 1, 1957. t 23, 196J That Overlapped on Au• gus 1 42,903. Extraterritorial Jurisdiction of Certain ! 23, 1 (a) If, on August 23, 1963, the extraterritorial IIH B or C Ceneral•lAw Municipal. Jurisdiction of a municipality overlapped the extra- (a) This section applies only to a Type B or C territorial Jurisdiction of one or more other mumicH palities, the governing bodies of the affected munia general law municipality: Ipalities may apportion the overlapped area by a (1) that has more than 200 inhabitants; written agreement approved by an ordinance or a (2) that is wholly surrounded, a, the time of resolution adopted by the governing bodies. Incorporation, by the extraterritorial jurisdiction (b) A municipality having a claim of extraterrito of another municipality; and rial J 11 sdktion to the overlapping area may bring (3) part of which was located, at any time be. an action sa plaintiff in the clis r l court of the fore Incorporation, In an area annexed for limited judicial district in which the largest municipality purposes by another municipality, having a elalm to the ores is located. The plaintiff (b) The governing bory of the munktpality by municipality must name as A defendant each munki resolution or ordinance may adopt an estraterritor4 pality having a claim of extraterritorial jurisdiction aI Jurisdiction for all or part of the unbloorporsted to the area and must request the court to apportion area contiguous to the corporate bounduies of the the area among the affected municipalities, In ap• munkipahty and located wi" one mfle.ot thoaa portioning the srea, the court shall consider populs~ boundaries, The authority gramted Dy this section tion densities, pattern of growth, transportation, is subject to the li"tka provided by Section topography, and land use in the municipalities and 26,179, Water Code. the overlapping area. The arcs must be appor (c) Within 90 days after the dr.tithe municipality tioned among the munklpalltiest adopts the resolution or ordinance, an owner of real (1) to that each munkipality's part Is contig. property in the extraterritarW Jurisdiction may peti• uous to the extra territorial jurisdiction of the lion the mankipolity to release the owmeee property municipality or, it the extraterritorial jurisdiction from the extraterritorial jurisdiction. On the pro- of the municipality Is totally overlapped, is contig. sentation of the petition, the property:, uous to the boundaries of the municipality; (1) Is sutorraticaVy released from the extrsterr s.2) so that each municipality's part Is in a sub. HtorW Jurladktlon of the municipality sad be- stanllally compset shxpr, and comes part of the extrsterrltorW jurisdktlon or 13) In the ssme ratio, to one dedmel, that the limited purpose aces of the municipality whose respective populations of the municipalities bear Jurisdiction surrounded, on Ifay $1, 1989, tho mlr B•7 ORGANIZATION OF MUNICIPAL GOVERNMENT nicipality from whose jurisdiction the property is Section released; and 13032 Authority of Home-Ru?e Municipality W Annex Certain Ana in Which Farm to-Marliet Road b (2) becomes subject to any existing toning or Proposed other land use approval provisions that applied to 43033. Authority of Ocntnl lAw Munkipality to Annex the property before the property was Included In Ana. the municipality's extraterritorial Jurisdiction un• [Srcuons 13.031 W 13,050 reeervrrt for expanxion] der Subsection (b). (d) The municipality may exercise In its extrater SUBCHAPTER C. ANNEXATION PROCFDURF, ritorial jurisdiction the powers granted under state 43.051. Authority to Annex Limited to Extratterrito ial law to other municipalities In their extraterritorial Jurisdiction, jurisdiction, Including the power to ensure its water 13.052. 'nnexatku Hearing Requfrementa, 43.053. Period for Campledon of Annexatlom supply and to carry out other public purposes. 13.051. Width Requlremeots. 13.055. Maximum Amount of Annexation Each Year. {e) To the extent of any con ]ice, this section 43.056. Provision of 9ervkea to Annexed Area. controls over other laws relating to the creation of 13,057. Annexatioa That Surrounds Area; Findings Ro- e.xtraterritorial Jurisdiction. qu[red Acts 1991, 72nd leg., eh. 16, } 13.01(x), eff. Aug, 26, 1991. (Sections 13.056 W 13.070 reserved for expanaloa) CIIAI'TER 43. MUNICIPAL ANNEXATION SUBCHAPTER D. ANNEXATION PROVISIONS RELATING TO SPECIAL DISTRICTS SUBCHAPTER A. GENERAL. PROVISIONS 43.071. Authority W Annex Water or Sewer District 43015. '.anexatioa or Water Related Special Disu"- Salton Reimburaemeot of Landowner or Developer, 3001. De Continuation of District and Taxing Authorit1 ?algid. , 43 002. Rcpraled 13,072. Authority W Annex Municipal Utility District byl Home-Rula Munk;pality. I (Sections 43,003 to 13020 reserved for expansion) 43 D53 Abolition of, or Divialon of Puoctions of, Leve# Improvement D'utrict Annexed by Wankip&W ty With Population of More Theca !00,000/ SUBCHAPTER B. GENERAL 43.071. Abolition of SAiwltelattd Special District Cc* AUTHORITY TO ANNEX stud Wholly In Municipalityy~, 13.021. Authority of Rome Role Municipality to Anne: 43.075. Abolition of, or Divisloo of Knetions of, Water Iklated SpeeW District That Beeoroes Part of Area and Trice Other Actions Regarding not Wort 7Taa Out Muakf !ttr, Boundaries. 13.076. AboCtioo of Water Related Speec{al District That 43.022. Voter Approval of Annexatlio by Home Rule Mu. Becomes Part of Wort Thus 004 Munkfpelity, nicipality Required Under Certain Ctrcucn. 43.077. AboBboa of Certain Conmrvsdoo and Reckma• stances. lion Datrlets That Become Part of Yon Than 43023. Authority of Generstfaw Municipality with Pop One Manklpatity. ulation of Mon Than 6,000 ;e Annex Area on 43.076. Ahemata Wtthod of Abolitka of Conservatko Petition and Election of Area Voters. and Reclamation Datrkt That Becona Part 43,024. Authority of Type A Generaklsw Municipality to of Mott Than One Yunwpality. Annex Area on RNuest of Area Votes. 13.074. Comsat RegW"rueat for Moexatloa of Area to l 43.025. Authority of Type B Cenemi-Law Municipality to Certain CCaaooaaeerratioa and RerLmukn Dia- Annex Ana on Request of Area Votes. tricts. 43.026. Authority of Type A ntrllaw Municipality to 43 D80. Nunkipal oaa Used W Carry Out of Annex Area it Owns. AV B (`od U: tcon and Out Purrow is 43.027. Authority of GeneratLaw Municipality to Annex trict. Navigable Stream. 13.061. Continuation of Ceruin Municipal Water Boards 43.026. Authority of Munielpalitia to Annex Sparsely t n Amexatioo of Water Control sad Imprtrve• Oanprd Arcs on Petition of Area IA4 mentDiatrkK owner. 43029. Author of Certain Small Municleaiitice to An, (Sections 43082 W 13100 rceerva3 for expansion) net amupled Area on Petition of School OWL 43.030. Authority of Municipality With Population of SUBCHAPTER E ANNUEAT10N PROV191ONS RE. 74,000 to 99,700 is Urban County to Annex LATING TO RESERVOIRS, AIRPORT'S, STSEEThl, Small, Surrounded GentraFLaw unkippaelity. AND CERTAIN OTHER ARE" 43,031. Authority of Adjacent Munleipalitl a to Change 43.101, Annexatika of Wualdpa@y Owned Reservolr by Boundaries by Agmmtn6 GenenPlsw Yaatripality. B•8 43.001 LOCAL, GOVt;MMENT CODE Secilon SUSCHAF'TER A. GENERAL PROVISIONS 43102. Annexation of Municipally Owned Airport 43.103. Annexation of Streets, Highways, and Other 1 43.001. Deflnltion Ways by General LAW Municipality. 13.101. Repealed. In this chapter, "extraterritorial jurisdiction" 43.105. Annexation of Streets by GeneraHlAw Municipal• means extraterriwrial jurisdiction as determined un ity With Population of 9c4-988. der Chapter 42. I (Sections 13.106 to 43.120 reserved fur expansion) Acts 1981, 70th Leg„ ch. 149, 1 1, eff. Sept 1, 1987. SUBCHAPTER F. LIMITED PURPOSE 1 43.002, Repealed by Acts 1989, list Leg.. $!It 1, ANNEXATION 1 S(k), if(, Aug. 28, 1989 43 121. Authority of Populous Rome Rule Mun;dpalitirs (Sections 43.003 to 43.020 reserved for expansion) to Annex for Limited Purposes; Other Authorl• ty not Affected. SUBCHAPTER B. GENERAL 43,122. Certain Strip Annexations Prohibited. AUTHORITY TO ANNEX 43.143. Report Regarding Planning Study and Reguia• wry Plan. 1 43.021. Authority of llnme•Rule Municipality 43.124. Public Hearings. to Anna Area and Take Other Ac. 43.125. Adoption of Regulatory Plan. 43.128. Period for Completion of Annexatinn. Ilona Regarding Boundaries 43.127. Annexation for Full Purposes. A homc-rule municipality ms take the following 43,12A. Judicial Remedies: Forced Annexation or Dtaan• actions according to rules as may be provided by the nexation. B Y Y 43129. Consensual Annexation. charter of the municipality and not inconsistent with 41130. Effect of Annexation on Voting Rights, Eligibili• the procedural rules prescribed by this chapter: ty fur Office, and Taxing Authority. 43,131. Effect of Annexation on P.xlraterriwrial Jurisd;c• (1) fix the boundaries of the municipality; tion, (2) extend the boundaries of the municipality 43.132. Municipal Incorporation In Annexed Area. and annex area adjacent to the munkl alit and 43.133. Disannexat;on: Previous Annexations in General. i D y 43.134. Disanaexat;on: Certain Previous Strip Annex- (3) exchange area with other murilelpaQties. bona. Acts 1921, 70th Leg., ch. 149, 1 1, elf Sept 1, 1987. 43 133. Disannexation: Certain Previous Annexations Outside Muakipel Servke Area. 1 43.022. Voter Approval of Annexation by 43.138. Authority of SAocia1-Law Municipality to Annex Ifome.Rule Munlcl alit Required for Uroked Purposes Along Navigable Stream. P y Under Certain Circumstances (Sections 43,131 to 45.140 reserved for expansion) (s) It, under its charter, the goveming body of a HAPTER C. DISA DISHNNEXATPON homrrule municipality Initiates or orders an deb SUBC for W Provide Services, lion to submit to the qualified voters of the munk!• 19.1/l. SUDissiriptimion Failure EC APTE 43.142. Diunnexstioo According to Municipal Charter In Ptlity the question of annexing an adjacent are& Home Rule Municipality, the goveming body ahall'st the same time order to 43.143. Diunnexstion by Petition sod Ekrtion in Genf, election to be beld at it convenient loatioo In the al law .'uokipatity. municipality to submit the question to the qualified 43.144. Ditannexstion of Sparsely Populated Ara to voters of that areL Ceoeeal•Law Munkipality. 43.115.. Diunuitatioe of Unimproved Ara or Nontaxa• (b) The election order must: tile. Ara In Certain Munkippasb'tka ida for elections !or the votes 43.118. Diunnexatlon of lend in a lfunkipal Utility Dig. (1) Drov separate trkt of the municipality tad for the voters of the area; (Sections 43.147 to 45.900 reserved for eapansko) (2) be issued In the manner provided for other municipal elections; SUBCHAPTER L MISCELLANEOUS PROVIS;ONS (3) describe the area by metes and bounds; and 43901. Circumstanaa to which Consent to Bouodaries (4) provide for voting for or agalzut the prop or Annexation Is Resumed. anion: 'The annexation. of additional area, the 13.902 Annexation. ExtraterritorialJurlsdWon and Em- assumption by the municipality of all bonded is tacnt Domala oa Inaoomili a Gulf la(sni debtedness and flat rates on the area and due to 43.903. Effed of Annexation on. Railroad Switching Lim. Its or Rates. an irrfgation district, water Improvement district, 43.91 Annexations and Diuanexstioes Yllldated or water control and improvement distract, and B•9 ORGANIZATION OF bll1NICIPAL GOVERNMENT 143.024 the levy and collection of a tax on all property in (c) After the petition is filed, the governing body the municipality sufficient to pay off and dis• of the municipality by ordinance may order the charge the bonded indebtedness and fiat rates." election. In the ordinance, the governing body shall (c) Public notice if the election must be given In specify the date of the election and each voting the manner provided for other municipal elections. place, appoint the election officers, and presenbe (d) If, at the elections, a majority of the qualified the form of the ballot. voters of the municipality and a majority of the (d) Notice of the election must be given by post- qualified voters of the area each approve the ques ing a copy of the ordinance, certified by the secrn . tion, the municipality assumes all the bonded indebt• tary or clerk of the municipality To three public edness and flat rates on the annexed area and due places In the area for the 10 days preceding the date to the irrigation district, water improvement dis- of the election. The notice must be published as lrict, or water control and improvement district required by Chapter 4, Election Code. The municipality shall pay, from the date of the (e) The election must be held in the manner pre- annexation and out of the taxes collected on the scribed for general municipal elections. The munlei- area, the bonded indebtedness and the flat rates polity shall pay the cost of the election. owed to the special district as they become due and Jr) The governing body, by an order entered in its payable. The municipality may not collect any tax. minutes, shall declare the election rteOL The order es due to the municipality from a property owner of is conclusive of the municipality's authority to an. the area until the municipality pays the bonded nex the area. If the result of the election establish. indebtedness and the flat rates for the current year es that a majority are in favor of becoming part of that they become due and payable and presents to the municipality, the governing body by ordinance the properly owner the rece pt for the payment. may annex the area. (e) If the question is not approved as required by (g) On the effective date of the ordinance, the Subsection (d), the area may not be annexed. area becomes a part of the municipality and the (f) This section does not affect a charter provision Inhabitants of the area are entitled to the rights and providing for annexation of ores by ordinance in a privileges of the other citizens of the municipality home-rule municipality with a population of more and are bound by the acts and ordinances adopted than 100,000. Thts section grants additional power by the municipality. to the municipality and is cumulative of the munici- (b) To contest an annexation proceeding held un- pet charter, der this section, a contestant must file written no. Acts 1997, 70th Le`„ ch. 119, 11, off, Sept 1, 1987. tiee and a written statement of the grounds for the 4 47.023, Authority of Ceneral•Law Municipality contest with the secretary or clerk of the munkipali with Population of More Than 5,000 ty w(th(n 60 days after the effective dale of the to Annex Area on Petition and Elec. ordinance annexing the area. If a Contest is not tion of Area Voters filed in that manner before the expiration of that (a) A generehlaw municipality ith s population period, it is conclusively presumed that the election w. pop and the results of the eteetroo are valid, final, and of more than 5,000 may annex, as provided by this binding on all courts. section, an area that Is contiguous to the municipal}' Acts 1901, 70th Lei., eh. 149, 11, eff. Sept 1, 1987. ty and that is not more than one mile In width. (b) The inhabitants of the area may petition the 143.024. Authority of Type A Central-taw Mu• municipality to order an election in the area at nlclpslity to Annex Area on Request which the qualified voters of the area may vote on of Area Voters the question of whether the area should become a (a) This section applies only to the annexation of part of the munlcipabLy. The petition must, an area that: (1) descnbe the area by metes and bounds; (t) is one-ball mile or ins in width,; and (2) be accompanied by a plat of the area; (2) is contiguous to a Type A general-law mu. (3) be signed by 100, or more, or by a majority nicipality. of the qualified voters of the area; and (b) If a majority of the quabfied voters of the (4) be filed with the secretary or clerk of the area vote in favor of becoming a M of the munkf. municipality. pality, any three of those voters may prepare an B•10 § 43.024 LOCAL GOVERNNRNT CODE Affidavit to the fact of the vote and file the affidavit cent to tfie municipality and within (he mun;c;pali• with the mayor of the municipality. ty's extraterritorial jurisdiction, (c) The mayor shall certify the filed affidavit to Acts 1991, 70th Leif., ch. 149, 11, off. Sept I, 1997, the govcrning body of the munlctpatily. On rocelpt } 13.028. Authority of Munldpali(les to Annex of the certified affidavit, the governing body by ordinance may annex the area. Sparely Occupied Area OA Petition (d) On the effective date of the ordinance, the of Area landwrnen area becomes a pail of the muuktpality and the (a) This section applies only to the annexation of inhabitanta of the area are entitled to the rights and an area: privileges of other citizens of the municipality and (1) that is one-half mile or less In width; are bound by the acts and ordinances adopted by (2) that is contiguous to the annexing munl& the municipality. panty; And Acts 1987, 70th la•g., ch. 119, 1 I, eff. Sept. 1, 1987. (3) that is vacant and without residents or on } Authority of Type 8 General-Law Alu. which fewer than three qualified voters reside. 43,0225. nlclpality to Annex Area l- Slul (b) The owners of the area may petition the gov lY of the municipality In writing to annex of Area Voters the area. I (a) If it majority of the qualified voters of an sires (c) The peGtioa moat descn~e the area b metes I contiguous to is Type B mf general law municipality and bounds and must be acknowledged in the man. vote in favor of becoooming g it part the municipality, nee- required for decda b each any three of those voter may prepare an affidavit ~ Y person having an to the fact of the vote and file the affidavit Kith the Interest In the area, mayor of the municipality. (d) After the 5th day but on or before the 300 (b) The mayor shall certify the filed affidavit to day after the date the petition L filed, the govern. the governing body of the municipality. On receipt Ing body shall hear the petition and the arguments of the certified affidavit, the governing body by for and against the annexation and shall grant or ordinance may annex the area. refuse the petition u the governing body considers (c) On the effective dale of the ordinance, the appropriate. area becomes a part of the municipality and the (d If the governing b dy granite the petition, the inhabitants of the area are entitled to the rights and governing body by ordinance may annex the area. privileges by cations of the municipality and On b the eoomee A part effective Of date the of mu the aki ordipahtynandance, the the aInharea b are bound y the seta and ordinances adopted by RAMS of the area an entitled to the rl hts and the municipality. privileges of other citizens of the municipality and (d) The municipality may not be en)arged under are bound by the acts and ordinances adopted by this section to exceed the area requ menes eatab• the municipality. lashed by Section 5401. (f) It the petition is granted wad the ordinsnce is Acts 1987, 70th Leg,, c>t 149, } I, off. Sept 1, 1987, adopted, a certified copy of the ordku4s together 1 43.026. Authority of Type A Cenernl•ILaw Mu• with a copy or dupifate of the petition shall be ft~ed nlclpality to Annex Area It Owns in the office of the county cleric of the county in no body of a w,' municipality by ordinance may annex area hich the munkipality is krxted governing y Type A g& that t the a the Acts 1987, 70th Leg„ ch 149, 11, eft &pt 1, 1987, municipality owns. The ordinance must describe } 43.029. Authority of Certain small Municipals. the area by melee and bounds and must be entered ties to Annes Unoccupled Area on In the minutes of the governing body. Petition of School Board Acts 1987, 70th tog, eh 149, } 1, eff. Sept 1, 1987. (a) This section applies only to a munkipality with } 43.077, Authority of Ceneral•iaw Munlclpsilty s poputation of: to Ann" Navigable Stream (1) 900 to 920; The governing body of a general-taw munkipality (2) 1,251 to 1,259; or by ordinance may annex any navigable stream adjs. (3) 3,944 to 9,964. B•11 ORGANIZATION OF MUNICIPAL GOVERNMENT § 43.030 , (b)'Tis section applies only to the annexation of shall forward by certified mail to the secretary of an area that is: the larger municipality a certified co (1) contiguous to the annexing municipality; lution. pY of the reao and (2) vacant and without residents, the date the (e) The larger municipality, within 90 days after (c) The board of trustees of a public school occu• the annexation eby ordinance leInlAccordance wit h its pying the area may petition the governing body of municipal charter or the general laws of the State. _ the municipality in writing to annex the area, Sec. If the annexation fa not completed within the il"ay urns 43.029(cHo apply to the petition and annexa• period, any annexation proceeding is void and the lion under this section In the same manner in which larger municipality may not annex the smaller niu• they apply to the petition and annexation under that ntc1palily under this section. However, the failure section. to complete the annexation as Lhis Aau M7, 7Dth Icg„ ch. 119, 1 1, eff. Sept 1, 1987, subsection does not prevent the smallerlmunicipality 19.030. Authority of Municipality N'I!h Fo u, from holding a new election on the question to p enable the larger municipality to annex the smaller lation of 71,000 to 99,700 In Urban municipality County to Annex Small, Surrounded as provided by this section. General-Law Municipality (O if the larger municipality completes the annex. (a) A municipality that has s Allen within the prescribed period, the incorporation population of 74,000 of the smaller municipality is abolished, The to 98,700, that IS located wholly or partly in a records, public property, public buildings, money on county with a population of more than 1.8 million, hand, credit accounts, and other assets of the amalE and that completely surrourhda and Is contiguous to er municipality become the property of the larger a general-law municipality with a population of lest municipality end shall be turned over to the officer, than 600, may annex the general-law municipality of that municialit, Offices In as provided by this section, p y The the smaller municipality are abolished and d the the persons holding (b) The governtng body of the smaller munic;pall• those offices are not entitled to further remunera• ty may adopt an ordinance ordering an election on the question of consenting to the annexation of the the e t or ecompensation. An outstanding liabilities thl er smaller municipality by the larger municipality, lr munlcipelity are assumed by the larger The municipality. governing body of the smaller municipality (g) In the annexation ordinance, the larger munio- shall adopt the ordinance if it receives a petition to Ipa►ity shall adopt, for application in the I sure& do so signed municipality equal to at le by the smaller munletpality, the ideoticoomprtd• equal a number qualified vercent oter of of the h the enslve toning ordinance that the smaller munklpal• number of voters of the municipality who voted in lty applied to the Ana at the time of the e ecWL lection the most recent general election. If the ordinance Any attempted annexation of the smaller mun ordering the election Is to be adopted u a result of ty thst does not Include the adoption of that compre• a petition, the ordinance shall be adopted within 30 henslve toning ordinance It void That comprcheo- days after the date the petition Is received, slue toning ordinance may not be repealed or naries videlfor the hubm sionrof the question election at an must pm lean eriod consent for a p landowners who own at least two. tkvn to be held on the first uniform election date thirds of the surface land of the annexed Smaller prescribed by Chapter 41, Election Code, that occurs municipality is obtained after the 30th day after the date the ordinance 4 M) It the a smaner adopted and that affords enough time to hold the hand any bondnfunds for public Improp ebments that election In the manner requlred by law, are not Appropriated or contracted for, the funds (d) Within 10 days after the date on whkh the shall be kept in A separate special fund to be used election 4 held, the governing body of the smaller only for public improvernentA in the area for whkh municipality shall canvass the election returns and the bonds were voted ion o Lin. It a majority of the votes results On the Annexation, an claims, (Ines, debts, or to inefaSite. vor Wee due and of the annexation, the Secretary of the smaller become due and payable to to the Smaller munktpality municipality or other appropriate municipal ofRcial and shall be collected b It t Axes for the q unin B•!2 § 43,030 LOCAL GOVERNMENT CODE which the annexation occurs have been assessed in pality may annex the area In accordance with the the smaller municipality before the annexation, the municipalil; a charter and state statutes. amounts assessed remain a3 the amounts due and Acts 1989. 716t Leg., ch. IN, 1 1, off. Sept 1, 1989. payable from the Inhabitants of the smaller munid• pality for that year. 1 43,033. Authority of Central-Law Hunlelpallty (I) This section does not affect % charter provision to Annex Area of a home-rule municipality. Th's secttor grants (a) A general-law muncipality may annex adja- additional power to the municipality and ;a cumula• cent territory without the consent of any of the tive of the municipal charter. residents or voters of the area and without the Acts 1987, 700 Log, ch. 149, 2, eft Sept. 1, 1981, consent of any of the owners of land in the area Amrndcd by Acts 1991, 72nd f-eg1„ ch. 597, 4 80, off. Sept. provided that the following conditions are met 1, 1991. (1) the municipality has a population of 1,000 or 43.031. Authority of Adjacent Municipalitles to more and Is not eligible to adopt s home-rule Change Boundaries by Agreement charter, Adjacent municipalities may make mutually (2) the procedural rules prescn'bed by this chap. agreeable changes in their boundaries of areas that ter are met, are less than 1,000 feet In width. ! (3) the municipality must be providing the Brea Acts 1967, 700 leg., ch. 149, 1 1, eft Sept 1, 1981. with water and sewer service; Amended by Acts 1989, 71it IAg., ch. 1, 1 3(c), elf. Aug. (4) the area does not include unoccupied territo• 28, 1989. ry in excess of one acre for each service addrena 1 43.032, Authority of I[omaRule Municipality for water and sewer service; to Annex Certain Area In Which (5) the service plan requires that police and fin Form-to Market Road Is Proposed protection at a level consistent with protection (a) The owners of an area located within the provided within the municipality must be provided extraterritorial jurisdiction of a general-jaw municl• to the area within 10 days after the effective data pality may petition for annexation to a contiguous of the annexation; and home-ru}e municipality if: (6) the municipality and the affected land- the area meals the criteria described by owners have not entered an agreement to not Section reaa); annex the area for a certain time period. (2) the area U }nested entirely in a county with (b) if, after )no year but before three yeah from a population of ]locate or more; the passage of in ordinance annexing an area under y a ma,0 are of the landowner or ng• ,000 , (3) a proposed rightof-way, as determined b this sectilon municipality ters to U area vote xxtioepetition submitted the State Highway and Public Transportation i I/ the t~ voters , the munkie Commission, of a farm-to-market road funded un• it y shall nicipality Irnmediatell for d)1wDe the der Section 4.002, County Road and Bride Act municipality y disann the he a are ea area, If the (Artkle 6102-1, l'emon's Taxes Civil Stitules), tio0. the ki alit m t under this subsea crosses the area; water alit m ty diecondeue providing the area with water au sewer service. (4) the owner of the land on which the rightof- Acts 1991, T2nd tip, eh. 904, 1 1, off. Aug. 26, 1041. way Is located In the area has donated or Is legally committed to donate to the state or other (Sections 43.034 to 13.050 reeerved foe expanaion) governmental body having appropriate jurMe- tion the right-of-way necessary to construct the SUBCHAPTER C, ANNEXATION PROCEDURE farm-to-market road across Lie area; and (5) the petition to filed with the home-rule mu- 143,061, Authority to Annex Limited to Extra. nletpality before September 1, 1992 territorial Jurisdiction (b) The home-Me municipality, on recelpt of the A municipality may annex area only in its extra. petition, must certify whether all of the oonditlons territorial Jurisdiction unlees the muridpaPty cwta descnibed by Subsection (a) an satisfied If all of the arm the conditions are satisfied, the home-rule munki- Aces 1987, 70th Leg., dL 149, 11, off. Sept t, 141'7, 13.13 ORGANIZATION OF MUNICIPAL GOVERNMENT 43.055 43,52. Annexatlon Hearing Requirements (2) the annexation is initiated on the written petition of the owners or of a majority of the (a) voce e a municipality may institute annexe. qualified voters of the area; or lion proceed dings, the governing body of them ic (3) the area abuts or is contiguous to another pality must conduct two public hearings at which h jurisdictional bound persons interested in the annexation are given the yur ary. opportunity to be heard. The hearings must be Acu 1981, 700 leg, ch. 149, 11, off Se 1, 1987• conducted on or after the 40th day but before the Amended by Acu 1989, 71x1 Leg„ ch. 1, 13%, off. Aug, 20th day before the date of the institution of the 28, 1989. r proceedings. 1 43.0$5. Maximum Amount of Annexation Each (b) At least one of the hearings must be held In Year the area proposed for annexation if more than 20 (a) In a calendar year, a municipality may not adult residents of the area file a written protest of annex a total area greater than 10 percent of the the annexation with the secretary of the municipali- incorporated area of the municipality as of January ty within 10 days after the date of the publication of 1 of that year, plus any amount of area carried over the notice required by this section. The protest to that year under Subsection (b). In determining must ata;e the name, address, and age of each the total area annexed In a calendar year, an area protester who signs. annexed for limited purposes is included, but an (c) The municipality must publish notice of the annexed area Is not Included if it Is: hearings in a newspaper of general circulation in (1) annexed at the request of a majority of the the municipality and In the area proposed for annex- qualified voters of the area and the owners of at ation. The notice for each hearing must be publish- least 50 percent of the land in the area, ed at least once on or after the 20th day but before (2) owned by the municipality, a county, the the 10th day before the date of the hearing. Tho state, or the federal government and used for a municipality must give additional notice by certified public purpose; mail to each railroad company that serves the mu- nicipality of and is on the municipality's tax roll If the (3f the annexed li at cd the voreters of the area; or ~ri company's right-of way Is in the area proposed for tY o 9ua annexation. (4) annexed at the request of the owners of the Acts 1987, 700 beg„ ch• 149, 1 1, elf. Sept 1, 1987. area. (b) If a municipality falls to annex In a calendar 1 43.053. Period for Completion of Annexation year the entire 10 percent amount permitted under The annexation of an area must be completed Subsection (a), the municipality may carry over the within 90 days after the date the governing body unused alloeatioo for use in subsequent calendu Institutes the annexation proceedings or those pro years. ceedings are void. Any period during which the (c) A municipality carrying over an allocation may municipality 4 restrained or enjoined by a court of not annex in a calendar year a total area greater competent jurisdiction from annexing the area is not than 30 percent' of the incorporated area of the Included in computing the 9"ay period munkipality u of January 1 of that year. Acts 1987, Toth leg., ch. 149, 11, off. Sept. 1, 1987. Acts 1987, 70th Leg., ch. 149, 1 1, off. Sept 1 1981. Amended by Acts 1989, 7let Leg., ch. 1, 1 3(e), eta. Aug. f 43.054. Width Requirements 28,190. (a) A municipality may not annex a publicly or f 43.05[1. Proahlon of Services to Annexed Area privately owned area, Including a strip of area fol Before the publication of the notice of the lowing the course of a toad, highway, river, stream, {a} first hearin ired under of the![ Lice o , the or creek, unless the wtdth of the area at its narrow. g r±qa eat point is at least 1,000 feet. governing body of the municipality proposing the annexation shall direct its planning department of (b) The prohibition established by Subsection (a) other appropriate municipal department to prepare does not apply ih a service plea that provides for the extension of full (1) the boundaries of the municipality are con- municipal services to the area to be annexed The tiguous to the area on at least two sides; municipality shall provide the servkes by any of the B•14 § 43,056 LOCAL GOVERNMENT CODE methods by which it extends the services to any municipality succeeding to the powers, duties, as- other area of the municipality. acts, and obligadons of a conservation and reclama• (b) The service plan must include a program un• tion district v authorized or required by law. The der which the municipality will provide full munici. construction of the facilities shall be accomplished pal services In the annexed area no later than VA in a continuous process and shell be completed as years after the effective date of the ann(xation, In soon as reasonably possible, consistent with genet, accordance with Subtoction (d), However, under ally accepted local engineering and architectural the program the municipality must provide the fol. atandards and practices. However, the municipality lowing services In the area within 60 days after the does not violate this subsection if the construction effective date of the annexation of the area: process is interrupted for any reason by circum• stances beyond the direct control of the munlcipsli• (1) police protection; ty. The requirement that construction of capital (2) fire protection; improvements must be substantially completed (3) solid waste collection; within 41h years does not apply to a development (4) maintenance of water and wastewater facili• project or proposed development project within an ties in the annexed area that are not within the annexed area it the annexation of the area was service area of another wave or wastewater utili• initiated by petition or request of the owners of land ty; in the annexed area and the municipality and the (5) maintenance of roads and streets, including bndowners have agreed in writing that the develop- road and street lighting; ment project within that area, beause of its site or (6) maintenance of parka, playgrounds, and projected manner of development by the developer, swimming pools; and u not reasonably expected to be completed within (7) maintenance of any other publicly owned that period. facility, building, or service. (e) A service plan may not: (c) For purposes of this section, "full municipal (1) require the creation of another political sub. services" means services funded in whole or In part division; by municipal taxation and provkied by the annexing (2) require a landowner in the area to fund the municipality within its futhpurpose boundaries. If capital improvements necessary to provide munkil. the municipality owns a water and wastewater ut ii• pa' services In a manner (nconafeteot with Chap ItY, extend municipality shall, subject to this section, ter 395 unless otherwise agreed to by the land. extend water and wastewater service to any an. owner, or nexed area not within the service area of another water or wastewater utility. If the municipality (3) provide fewer services or lower levels of annexes territory Included within the boundaries of services in the area than were in existence in the a municipal utility district or a water control and area Immediately preceding the date of the annex. Improvement district, the municipality shall comply ation or that are otherwise available in other with applicJble state law relating to annexation of Parts of the municipality with land uses and poptt• territory, within a municipal utility district or a lation densities almAu to those reasonably oon• water control and Improvement district. The ser templated or projected In the area. vice plan shall screen" the service extension (0 If only a part of the area to be annexed is policies of the municipal water and wastewater utili• sctually arnnexej, the governing body shall direct ly. the department to prepare a revised service plan for (d) The service plan must also Include a program that part under which the municipality will initiate the acqui• (g) The proposed service plan must be made gran. salon or construction of capital improvements roc. able for public Inspection and explained to the in. essary for providing munlelpal services adequate to habitants of the area at the public bearings held serve the area The construction shall begin within under Section 43.052 The plan may be amended two years after the effective date of the annexation through negotiation at the hearings, but the prop of the area and shall be substant6fly completed aion of say service may not be deleted. On tomple• within 41/1 years after that date. The acqulsltion or tton of the public hearings, the service plan shall be construction of the fuiiitles shall be accomplished attached to the ordinance annexing the area and by purchase, lease, or other contract or by the approved as part of the ordinance: 8-15 T ORGANIZATION OF MUNICIPAL GOVERNIMENT § 43.07I (b) On approval by the governing body, the ser• but would not include the area within the municipal. , vice plan is a contractual obligation that is not ity, the governing body of the municipality must subject to amendment or repeal except that if the Gnd, before completing the annexation, that scar. governing body determines it the public hearings rounding the area is in the public interest. required by this subsection that changed conditions Acta 1987, 70th Let, ch, 149, 1 I, eff. Sept. 1, 1987, or subsequent occurrences make the service plan (Sections 43.058 to 43,070 reserved for expansion] unworkable or obsolete, the governing body may amend the strvice plan to conform to the changed SUBCHAPTER D. ANNEXATION PROVISIONS conditions or subsequent occurrences. An amended RELATING TO SPECIAL DISTRICTS service plan must provide for services that are 1 43.071. Authority to Annex Rater or Sewer comparable to or better Than those established in District the service plan before amendment. Before any amendment is adopted, the governing body must (a) In this section, "water or sewer district" r e de an opportunity for interested means a district or authority created under Article P persons to be 111, Section 52, Subsections (b)ill and (2), or under heard at public hearings called and held in the Article XVI, Section 59, of the Texas Constitution manner provided by Section 43.052. that provides or proposes to Provide, as ita principal (i) A service plan is valid for 10 years. Renewal function, water services or sewer services or both to of the service plan is at the discretion of the munici• household users. The term does not include a dia• palily trict or authority the primary function of which is the wholesale distribution of water, Q1 A municipality that annexes an area shall pro. (b) A municipality may not annex area In a water vide the area or cause the area to be provided with or sewer district unless it annexes the entire part of services in accordance with the ser+ice plan for the the district that is outside the municipality's bound. area. Aries. This restriction does not apply to the annexa- tion of area in a water or sewer district if the 0) This section does not require that a uniform district is wholly or partly in the extraterritorial level of full municipal services be provided to each jurisdiction of more than one municlpality. area of the municipality if different characteristics (c) An annexation subject to Subsection (b) Is of topography, land use, and population dansity are exempt from the provisions of this chapter that considered a sufficient basis for providing different limit annexation authority to a munkip,tllty's extra- levels of service. territorial Jurisdiction it: (1) Repealed by Acts 1991, 72nd Leg., tat C.S., (U Immediately before the annexation, at least ch. 3, 1 4.011, eff. Sept 1, 1991. one-half of the Area of the water or sewer district Is (n the municipality or its extraterr torisl Juries Acts 1987, Toth I*t., ch. 149, 1 1, off, Sept 1, 1987. diction; and Amended by Acts 1989, 71st 4L, ch. 1, 1 3(d, eft Aug, (2) the municipality does not annex In the aa• 28, 1989; Acts 1989, 72st Let., ch. 822, 1 1, off. Sept 1, nexation proceeding any area outside its extrater• 1989; Acts t991, 72nd let., lot CS., ch. 3, 14011, off. Sept I, 1991, ritorial jurisdiction except the part of the district Sect;oa A of Acts 19e9, ttu tea., eh. In 22 Provides: that is outside its extraterritorial Jurisdiction. f~ proof Ac oI l lil t of this Act des ea a (d) Area annexed under Subsection (b) is included seneRatioa that Occurred prfor b the effective data of OW A& in computing the amount of area that a munidpality fMtead, u,. low In effect at me time of er MMSatioe ehon may annex under Section 43.055 In a calendar year. (Quern such aaMUnan." It the area to be annexed exceeds the amount of area the municipality would otherwise be able to 1 43.07. Annexation 'that Surrounds Area: annex, the munkipality may AnneA the area but Flndinp Required may not annex additional arcs during the remainder of that calendar year, except area subject to Subsecs If a proposed Annexation would cause an Area to tion (b) and area that is excluded from the computa. be entirely surrounded by the annexing municipality lion under Section O.M. B•16 § 43.071 LOCAL COVERNMENr CODE (o) Subsectiuns (Wd) do not Apply to the annexa~ Texas Witter Commission as such rules and require- I lion of: ments exist on the date of annexation. ! (1) an area within a water or sewer district if, (c) Repealed by Acts 1989, list leg, ch. 17, (A) the governing body of the district con. 1 ](2), eff. Sept. 1, 1989. sents to the annexation; Acu 1989, 71st he, ch, 1 9!¢), efL Aug. 28, 1989. (o) the owners in fee simple of the area bo be Amended by Acts 1989, 71st Leg, ch. 17, 1 1, tff. Sept 1, annexed consent to the annexation; and 1989; Acts 1989, list leg., ch. 1058, 1 2, off Sept 1, (C) the annexed Area does not exceed 525 MI. Acts 1991, 72nd Leg., Ph. 597, 1 Bt, efL Sept. 1, . r feet in width at its widest point; Section I of Acts 1989, 71t1 tea., ch. 17 and 1 1 o, Acts 1989, (21 A water or sewer district that has a noncon• 71st Les, ea Iota both provide: tiguous part that is not within the ex lral.errilorial "'nit Act applks only to t tnunieral annexaunn mmpsew,a or arler fkpumber 1. 1989. A munkipal annexation wmpleted be• jurisdiction of the municipality; or fore the date is soeerned by the law in effeci at the time the (3) a part of a special utility district created or annexation u Completed, and the forcer law u romi;nued to effect operating under Chnipter 65, Water Code. fir that putpou.' In To annex the entire part of a water or sewer f 43,72. Authority to Annex Municipal Utility district that is outside the municipality's boundaries, District by Ifome•Rule Municipality a general-law municipality Incorporated after 1933 (a) This section applies to it municipal utility dia- that Is, after incorporation of the district, incorpo• tAct that Is located entirely in the extraterritorial rated over all or any part of the district may annex jurisdiction of a single general-law municipality and territory by ordinance without the consent of the that has a common boundary with at leant one Inhabitants or property owners of the territory. home-rule municipality, (C) Expired. (b) A home-rule municipality having a common Acts 1984, 79th Leg., ch. 149, 1 1, eff. Sept 1, 1987, boundary with a district subject to this section may Amended by Acts 1989, 71st brit., ch. I, 1 4(a), eff. Aug, annex the area of the district if: 28, i989; Acts 1989, list leg, ch. 1958. 13, eff. Sept I, 1989. (1) the annexation is approved by a majority of Section 4 of Acu 1989, 7let Lea, ch. 10M pmvidea: the qualified voters who vote on the question at 'QTu Act arrplira only 14 a munkipal annexation completed en or an election held undvr this section; after September 1, 1989, A nenielpal annexation tomplrted br l21 the annexation is completed before the dale fora that date 'a sorerned by th, law in effect at the time the eennexallon is completed, and the f-rmtr few It continued N effect that is one year after the date of the election; and for tAia purpose. (3) all the area of the district Is annexed I y 43.0715. Annexation of W:der•Rtfated Speelal (c) Area annexed under Subsection (b) io included District Reimbursement of Land. In computing the amount of area that a munkipality, o xner or Developer] Continuation may annex under Section 41055 to a aleadar year. of District and Totaling Authority if the area to be annexed exceeds the amount of area in this section, "special district" means a ea the municipality would otherwise be able to annex political subdivision one purpose of whkh Is to sup the ex additional amay annex the at" but bs ply fresh water for domestic or commercial use or may not apnea area during the er of that calendar ubsM to furnish sanitary sewer services or drainage. tion I (bb) and d area year, except area a subject to W S lia that Is excluded from the computa• (b) if a municipality with a population of less lion under Section 43.055. than 1.5 million annexes a special district for full or (d) Annexation of area under this section Is ex• limited purposes and the annexation precludes or empt from the provisions of this chapter that pro- Impairs the ability of,the district to Issue bonds, the h,'bit municipality shall, simsltaneously with the annexa- tion, pay in cash to the landowner or developer of (1) a municipality from annexing area outside the district a sum equal to all actual costa and iU it atraterritoria) jurisdiction; expenses incurred by the landowner or developer in (2) annexation of area narrower than the min); connoction with the district that the district has, in mum width prescribed by Seetioo 41054; or wri riff, agreed to pay and that would otherwise (3) reduction of the extraterr(torW jurisdiction hasp, been eligible for reimbursement from bond of a munkipslity without the written consent of proceeds under the rules and requirements of the the municipality's governing body, H-17 ORGANIZATION OF MUNICIPAL GOVERNMENT lj 43.013 lei If the district is composed of two or more date the election order is adopted, the general-law tracts, at least one of which is not contiguous to the municipality has instituted but not completed pro- home rule municipality, the fact that the annexation ceedings to annex area in the district, the general. N ill result in one or more parts of the home rule law municipality may complete the annexation while municipality being not contiguous to the rest or the the election is pending. If proceedings are complet- municipality does not affect the municipality's au• ed while the election Is pending, the annexation, to thorny to annex the district, the extent that it includes area in the district, taken (f) The e:;t. aterritorial jurisdiction of a home-rule effect only if the election results in the defeat of th,3 municipality is rot expanded by the annexation of question and, in that case, it takes effect on the date area under this section. t1 a result of the election is officially declared. (g) The board of directors of the district may (I) If the question is approved, the period during order an election under this section. The board which the generaHaw municipality is prohibited shall conduct the election in the area composed of from annexing area In the district is extended to the the dMri-a and the general-law municipality. A date that Is one year after the date of the election. person who is qualified to vote in the general law (m) If a district holds an election under this sea municipality or the district is eligible to vote in the tion, the district may not hold another election un- election, der this section before the date that Is one year (h) The board of direcwrs shall set the dale of the after the date of the earlier election, except that if election for the first uniform election date that falls an election is held on a uniform election date pro on or after the 30th day after the date of the order, scribed by law, the subsequent election may be held if a state law prescribing uniform election dates is on the corresponding uniform election date of the not in effect on the date of the order, the board following year. shall act the election for a date that falls on or after Acts 1989, 70th In., ch, 119, 1 1, cif Sept. I, 1987. the 30th day but before the 60th day after the date Amended by Acts 1989, 71st [gig., eh. I, 3(h), e!!. Aug. of the order. 28, 1989. (i) The board of directors shall give notice of the j 13.073. Abolition of, or DI+Islon of Functlons election in the manner provided for an election of of, levee Improvement District An. the members of the board. The ballot for the nexed by Municipality With Popula• election shall be printed to provide for voting for or tion of More Than $00,000 against the proposition: "Authorizing the municipal- (a) This section applies to a municipality with a ity of (name of the home-rule municipality) to annex population of more than 500,000 that annexes all or the unincorporated area of the (name of the dts- part of the area in a levee improvement district trict)." organized under the laws of this stale. Q) Promptly after the board of directors declares (b) If the municipality annexes all the area in the the result of the election: district, the municipality: (1) the board shall mail or deliver a certified (1) shall take over the property and other u• copy of the resolution declaring the result of the sets of the district; election to the mayor and the secretary of each of (2) assumes all the debts, liabilides, and obli• the two affected municipalities; and gations of the districl; and (2) if the election authorizes annexation of the (3) shall perform all the functions of the dis• district by the home rule municipality, the board trict, Including the provision of services.- shall file a certified copy of the resolution in the (c) The district is abolished on the annexation of deed records of each county in which the district all of its area by the municipality, The abolition of is located. the district does not impair or otherwise affect a (k) During the time that on election under this contract between the district and a flood control section Is pending, the general-law municipality may district or other governmental agency for the opera. not annex area in the district. For the purposes of lion or maintenance of kvels or other flood control this requirement, an election is pending during the works, but the municipality assumes the rights sad period that begins on the date the board of directors obllgations of the district undei the contract On adopts the election order and ends on t5e date the the annexation of al of the area of the district, the board declares the result of the election. If, on the municipality may refund, in whole or in part, any B-18 § 43.073 LOCAL GOVERNMENT CODE outstanding bonded indebtedness and may provide I district's creation, is located wholly in a municipality for a sufficient sinking fund to meet any refunding may be abolished as provided by this section, bonds issued fb) On a vote of at least two-thirds of the entire (d) If the municipality annexes only part of the membership of the governing body of the municipal. area in the district, the governing bodies of the ity, the governing body may adopt an ordinance municipality and the district may make contracts abolishing the district if the governing body finds; relating to the division and allocation between them- fit that selves of their duplicate and overlapping powers, duties, and other functions and relating to the use, (A) the district is no longer needed; or managerrent, control, purchase, conveyance, as- (B) the services furnished and functions per. sumption, and disposition of the property and other formed by the district can be furnished and assets, dcbLe, liabilities, and obligations of the dis• performed by the municipality; and tricL The amount of tares levied by the district (2) that the aboliUon of the district is in the against a parcel of real estato subsequently an- best interests of the residents and properly in the j nexed by the municipality shall be credited against municipality and the district any properly taxes levied against the parcel by the (c) If before the effective date of the ordinance or municipality. if within 30 days after the effective date or the date (e) If the municipality annexes only part of the of the publication of the ordinance, a petition that is area in the district, the district may contract with signed and verified by a number of qualified voters the municipality for the municipal operation of the of the municipality equal to at least 10 percent of district's utility systems and other property and for the total votes cast at the most recent election for the transfer, conveyance, or sale of those systems municipal officers Is filed with the secrete of the and that property, regardless of kind or location municipality protesting the enactment or enforce- inside or outside municipal boundaries, to the munit. ment of the ordinance, the ordinance is suspended (palily on terms to which the governing bodies of and any acUon taken under the ordinance Is void the district and municipality agree. That operating Immediately after the filing of the petition, the contract may extend for a period, not w exceed 30 secretary shall present it to the governing body, )cars, stipulated in the contract and Is subject to Immediately after the presentation of the petition, amendment, renewal, or termination by the mutual the governing body shall reconsider the ordinance, consent of the governing bodies. The contract may If the governing body does not repeal the ordinance, not Impair the obligation of another contract of the the governing body shall submit it to a popular vote municipality or district In the absence of such a at the next mur,kipal election or at a special election contract, the district may continue to exercise, una(• the governing body may order for that purpoea. fected by the annexation, the powers, duties, and The ordinance does not take effect unless a majority other functions granted or Imposed on the district of the voles received in the election favor the or& by law. The municipality may not be required to nance. perform any drainage functions in the district The (d) On the adoption of the ordinance, the district municipality may, with the consent of the district, . is abolished, the property and other saaeta of the construct and malnWri drainage fatilities In the district vest In the munklpality, and the municipal} district that are consistent with the reclamation plan t) assumes and becomes liable for the bonds and of the district. The municipality may perform all other obligations of the dbtrict The municipality other municipal functions that the munkipslity is shall perform the services and other functions that authorized to perform and that the district is not were performed by the district. engaged in performing nor authorized to perform. (e) If a district bond, warrant, or other obligation A•ts 1987, 79th let, ch. 149, ) 1, eff. &0t. 1, 1987, payable in whole or in part from property taxes Is Amended by Arts 1991, 72nd Leg„ ch. 547, 1 82, erf. Sept assumed by the municipality, the governing 1, 1991. shall levy ad collect taxes on all taxable property 43.074. Abolition of Water-Related Special Dis. In the municipality in an amount sufficient to pay trict Created Wholly In Municipality the principal of and Interest on the bond, warrant, (a) A water control and Improvement district, or oiler obligation As It becomes due snd payable fresh water supply district, or munklpal utility ds. (0 The municipality may issue refunding bonds to trkt created from area that, at the time of the its own name to refund bonds, warrants, or other B-19 ORGANIZATION OF MUNICIPAL GOVERNMENT § 43.075 obligations, including unpaid accrued interest on an duties and the assumption under Subsection (d) take obligation, that is assumed by the municipality, effect. The date must be set for a day within 90 The refunding bonds must be issued in the manner days after the date the area becomes a pert of the provided by the Bond and Warrant Law of 1931 municipality. It the governing body fails to adopt (Article VMa, Vernon's Texas Civil Statutes), ex. the ordinance, the duties and the assumption sut., cept that a notice of the intention to issue the bonds matically take effect on the 91st day after the date is not required and a right of referendum does not the area becomes a part of the municipality. exist he district is abolished on the date the duties and Acts 1987, 70th leg, eh. 119, t I, eff Sept 1, 1987. assumption take effect r 4 41.075. Abolition of, or Disislon of Functions in If only part of the area in the district becomes or, Water-Related Special District a part of the municipality, the governing bodies of That Becomes Part or not Afore Than the municipality and the district may make con. One Municipality tracts relating to the division and allocation betx,een themselves of their duplicate and overlapping pow. (a) This section applies to: ers, duties, and other functions and relating (1) a municipality that annexes all or part of use, management, control, purchase, con eyacce, the area In a water control and improvement assumption, and disposition of the property and district, fresh water supply district, or municipal other assets, debts, liabilities, and obligations of the utility district organized for the primary purpose district of providing municipal functions such as the sup- (g) If only part of the area in the district becomes plying of fresh water for domestic or commercial a Part of the municipality, the district may contract uses or the furnishing of sanitary sewer service with the municipality for the municipal operation of or drainage service; or the district's utility systems and other property and l (2) a municipality; for the transfer, conveyance, or sale of those sys• (A) that, by incorporation of the municipality, tems and that property, regardless of kind or foes. Includes in the municipality all or part of the lion inside or outside municipal boundaries, to the area in a district described by Subdivision (1); municipality on terms to which the governing bodies and of the district and municipality agree. That operat• (B) the governing body of which adopts, by a mg contract may extend for a period, not to exceed vote of at least two thirds of its entire member. 30 years, stipulated in the contract and is subject to ship, an ordinance making this section applies. amendment, renewal, or termination by the mutual i bit to the municipality, corseut of the governing bodies. The contract may (b) This section does not apply if the district not impair the obligation of another contract of the includes area located in more than one municipality. municipality or district In the Absence of such a contract, the district may continue to exercise the (c) The municipality succeeds to the powers, powers and other functions that it was authorized duties, usets, and obligations of the district u to exercise before the area became a part of the provided by this section. This section does not municipality, and the municipality may not, without prohibit the municipality from continuing to operate the distrkt's consent, duplicate the services rea. utility facilities In the district that are owned sod dered by the district In the district operated by the municipali However, the ty on the date the area municipality may perform in the district all other becomes a part of the municipality, municipal functions in which the district (a not ezr• (d) it all the area in the district becomes A part of gage , the municipality, the municipality; (h) if o district bon warren or other obli (1) shall take over all the property and other payable in whole or to part from ro rt xeboa assets of the district' assumed under this section by the muaic;pality, the (2) assumes all the debts, liabilities, and ob?• governing body shall levy and collect Wes on all gations of the distrk% and taxable property In the municipality to an amount (3) shall perform all the functions of the dis. sufficient to pay the principal of and interest on the trick including the provision of services, bond warrant, or other obligation as it becomes due nd Pa''able. The municipality may issue refunding (e) The governing body of the munk! alit b a bon or d bonds, wats ordinance shall designate the date on which the others blig tions,t inrlud'mgnunpaid earned b,tt,, or rest B•20 i I LOCAL GOVERNMENT CODE § 43,075 I on them, that is assumed by the municipality. The does not have an amount annually accruing to its refunding bonds or warrants must be issued in the surplus revenue fund that exceeds the amount of manner provided by the Bond and "'Arrant law of the fund pledged to the payment of outstanding 1931 (Article 2368s, Vernon's Texas Civil Statutes), municipal obligations and that is sufficient t) meet except a notice of the intention to issue the bonds or the annual obligations for which the district reve• I warrants is nil required and a right of referendum nues are pledged. The municipality shall perform does not exist. A refunding bond must bear inter- the duties and other functions Imposed by law or est at the same rate or at a lower rate than that contract on the governing body of the district relat- borne by the refunded obligation unless it is shown ing to the district's outstanding bonds, warrants, or mathematically that a different rate results in a other obligations and shall separately perform the savings In the total amount of interest to be paid. duties and other functions relating to the bonds, (i) If all the area in the district becomes a part of warrants, and other obligations of the municipal I the municipality and if the district has outstanding system. The municipality may allocate overhead bonds, warrants, or other obligations payable solely expenses between any two or more systems in di- from the net revenues from the operation of any rect proportion to the gross Income of each system. utility system or property, the municipality shall (f ) The municipality may issue revenue refunding jE take over and operate the system or property and bonds in its own name for the purpose of refunding shall apply the net revenues from the operation to outstanding district revenue bonds, warrants, or the payment of the outstanding revenue bonds, other obligations, including unpaid accrued interest warrants, or other obligations as if the district had on them, that are assumed by the municipality not been abolished. The municipality may combine under this s-ction. The municipality may combine the district system or property with the municipali. different issues of district and municipal revenue ty's similar system or property if; bonds, warrants, or other obligations into one series (1) the municipality has no outstanding revenue of revenue refunding bonds and may pledge the net bonds, warrants, or other obligations payable revenues of the utility systems or property to the from and secured by a pledge of the net revenue payment of the refunding bonds as the governing of its own utility system or property; or body considers proper. Except as otherwise provid• (2) the municipality: ed by this section, Articles 1111-1118, ° rnon'a (A) has outstanding obligations payable from Texas Civil Statutes, apply to the revenue refunding and secured by a pledge of net revenues suffi- bonds, but an election for the Issuance of the bonds cient to meet the outstanding obligations; and is not required. Refunding bonds must bear Inter (B) those revenues have produced, during the est at the same rate or at a lower rate than that rive-year period btfore May 30, 1959, an annual borne by the refunded obligations unless it Is shown surplus in an amount sufficient to meet the mathematically that a different rate results In a ann"al obligations for which the district reve- savings in the total amount of interest to be paid. nues are pledged. Acts 1967, 10th 1i ch. 10, f 1, off. Sept 1, 1997. 0) If the municipality combines the systems or property as provided by Zubsection (1, it shall levy J 43,079. Abolition of Water-Mated Special Dtr on all property subject to taxation by the municipal)- Wet Thal Becomes Part of Moss ty an annual property tut at a mte that, when Than One Municipality combined with other available municipal funds and (a) This section applies to a municipality that con revenues, is suffielcrit outstanding to pay the principal of and talns, as a result of the annexation by or the Incor- poration of the municipality, any part of the area in (k) if all the area in the district becomes a part of a water control and improvement district„ fresh the municipality, the municipality, unites the re- water supply district, or municipal utility district funding authorlted by Subsection (t) has been ao organited for the primary purpose of providing complished, shall separately operate the district and municipal functlons such as the supplying of fresh municipal systems ►r• I property and may not tort- water for domestic or commemilal uses or the fur- mingle revenue if the municipality has outstanding nishing of sanitary sewer service, if: bonds, warrants, or other bonded obUgatfons pay- able from and secured by a pledge of the net (1) the balance of the area in the district Is revenue of its own otiility system or property and located in one or more other municipalities; or B-21 ORGANIZATION OF MUNICIPAL GOVERNMENT § 43.076 12) the district is not created by a special act of of the district before the date specified in the agree- the legislature and the balance of the area is ment for the abolition, distribution, and assumption. located in one or more other municipalities and in 10 If the abolished district has outstanding an unincorporated area. bonds, warrants, or other obligations payable in (b) The municipality succeeds to the powers, whole or in part from the net revenue from the duties, assets, and obligations of the district as operation of the district utility system or property, provided by this section. This section does not the affected municipalities shall take over and oper- prohibit the municipality from continuing to operate ate the system or property through a board of _ utility facilities in the district that are owned and trustees as provided by this section. The municipal- operated by the municipality on the date the part of ities shall apply the net revenue from the operation the district area becomes a part of the municipality. of the system or property to the payment of out. (c) If the distract is located wholly in two or more standing revenue bonds, warrants, or other obli- ! gations as if the district had not been abolished. municipalities, the district may be abolished by The system or property shall be operated in that agreement among the district and the municipalities in which the district is located. Subject to Subsec• manner until all the revenue bonds, warrants, or tion (D, the agreement must provide for the distri• obligations are retired in full payment by the bution among the munkipalities of the property and refunding of the bonds, warrants, or other oblf other assets of the district and for the pro rata gations into municipal obligations. The board trustees must be rive assumption by the municipalities of all the debts, composed of not more than five liabilities, and obligations of the district The as. members appointed ty the governing bodies of the sumption by each municipality must be based on the termmunicipalities. and shall The trustees are appointed for the ratio that the value of the property and other assets terms perform the duties as provided by distributed to that municipality bears to the total The board the board also so made under Subsection or her shall perform the duties and other value of all the property and other assets of the functions that are imposed by law or by contract on district The determination of value may be made the abolished district and its governing board and on an original cost basis, a reproduction cost basis, that relate to t'ts outstanding revenue bonds. The a fair market value basis, or by any other valuation board shall charge and collect sufficient rates for method agreed on by the parties that reasonably the services of the system or property and shall reflects the value of the property and other assets, apply the revenue to comply with each covenant or debts, liabilities, and obligations of the district The agreement contained in the proceedings relating to agreement must specify the date on which the dis• the revenue bonds, warrants, or other obligations trkt is abolished. with respect to the payment of principal wd inter. (d) If the district Is located wholly In two or more est and the maintenance of reserves and other municipalities and in unincorporated area, the dis• funds. When all the revenue bonds, warrants, and trict may be abolished by agreement among the other obligations are refired in full, the property district and All of the municipalities in which parts and other Assets of the district shall be distributed of the district are located. The abolition agreement among the municipalities as provided by Subsection must provide for the distribution of assets and (c) or (d). On the distribution, the board Is abol- liabilities u provided by Subwtion (c). The agree- fished. meet must also provide for the distribution wrong (g) When the pro rats share of any district bonds, one or more of the municipalities of the pro rata warrants, or other obligations payable in whole or assets and liabilities located in the unincorporated in part from property taxes has been assumed by area and must provide for service to customers in the municipality, the governing body of the muniei• unincorporated area in the service area of the pality shall levy and collect taxes on all taxable abolished district The municipality that provides property in the municipality to pay the principal of the service in the unincorporated area may charge and interest on its share as the principal and inter its usual and customary fees and Assessments to est become due and payable. the customer in that area. (lt) The municipality may issue general obligation (e) An agreement made under Subsection (c( or refunding bonds In its own name to refund in whole (d) must be approved by an ordinance adopted by or in part Its pro rate share of any outstanding the governh s body of each municipality and by art district bonds, warrants, or other obligatloru, la- order or resolution adopted by the governing board eluding unpaid earned Interest on them, that are B•?2 i f § 43.076 LOCAL GOVERNMENT CODE assumed by V1e municipality and that are payable in rate results in a savings In the total amount of whole or in part from property saxes, The refund- interest to be paid. ing bonds must be issued in the manner provided by Acts 1987. 7',)% Leg, ch. Id9, 1 1, efL Sept 1, 198x. the Bond and Warrant law of 1931 (Article 2368&, Vernon's Texas Civil Statutes), except that a notice 1 43.077, Abolition of Certata Conservation and of the intention to issue the refunding bonds is not Reclamation Districts That Become required and a right of referendum does not exist Part of More Than One Municipality Refunding bonds must bear interest at the same (a) Except as provided by Section 43,078, a con. rate or at a lower rate than that borne by the servation and reclamation district, including a mu• refunded obligations unless it is shown mathemati. nkipfl utility district, that is located wholly in more cally that a different rate results In a savings in the than one municipality, but that on April 1971, was total amount of interest to be paid, not so located, is abolished on the 91st day after the (i) The municipality may issue revenue refunding date all of the district Is included in the municipali- bonds or general obligation refunding bonds in its ties if the d'utricl own name to refund in whole or in part its pro rata (1) was created or exists under Article XVI, share of any outstanding district bonds, warrants, Section 59, of the Texas Constitution: or other obligations, including unpaid earned Inter- (2) provides or has provided a fresh water sup. eat on them, that are assumed by the municipality from net revenues, The ply, sanitary sewer services, and drainage service and that are payable solely municipality may combine the different issues or es; and the bonds of different Issues of both district and (3) was not, on April 1, 1971, a party to a municipal revenue bonds, warrants, or other obli• contract providing for a federal grant for m gations Into one or more series of revenue refund. search and development under 33 US.C.A. Se% Ing bonds. The municipality may pledge the net lions 1155(aM2) and 1155(d). revenues of the district utility system or property to (b) The district's physical assets, Including prop. the payment of those bonds, warrants, or other orty and facilities, belong on the date of d atnbution obligations. The municipality may also combine the to the municipality in v hlcb the assets are located different Issues or the bonds of the different issues on the date of distribution. The municipalities into one or more series of general obligation refund- sume the Intangible assets, bonded Indebtedness, ing bonds. An originally Issued municipal revenue liabilities, obligations, and other debts of the disc bond may not be refunded Into municipal general trict The amount of those items assumed by each obligation refunding bonds. Except as otherwise municlpality Is determined by multiplying the total provided by this section, Articles 1111-1118, Ver• amount of the items by a fraction. The numerator non's Texas Civil Statutes, apply to the revenue of the fracdoo Ice the actual cost of the acquaitioa refunding bonds, but an election for the Issuance of or construction of the physical assets, including the bonds is not required. In the issuance of reve• Property and facilities, distributed to the munkipal} nut refunding bonds, the municipality has the bone. ty, and the denominator of the fraction It the told fits of and may exercise the authority granted un. actual coat of the aoqubition or construction of aq der Chapter 811, Acts of the $I at Legialatura, Regu.. the physkal assets, Including property and facilities, lar Session, 1949 (Article 1118n.A Vernon's Texas of the d strkt Operating rzpeneea during coo- Civil Statutes). The provisions of that Act misting struction, interest during construction, orgaairatioo- to outstanding revenue bonds apply to outstanding al expenses, engineering fees, legal fees, fiscal fees, revenue bonds assumed by municipalities under this and other fees and expenses may not be considered section. Central obligation refunding bonds must in determining the actual coat of the acquisition or be Issued in the manner provided by the Bond and construction of a physical asset Warrant Law of 1931 (Article 23689, Vernon's Tex. (t) Eath municipality shall perform the duties and as Civil Statutes), except that a notice of the barn- other functions Imposed by lax or contract on the tion to issue the bonds is not required and a right of abolished district and its governing body in regard referendum does not exist The revenue refunding to any outstanding district bonds, wtrttota, or oth• bonds and the Weral obligation refunding bonds er obligations payable In wbole or in part from the must bear interest at the same rate or at 9 lower revenues from the operation of the district's assets, rate than that borne by the refunded obb'gitions Including property sod facilities. Each municipality unless it is shown mathematically that a different may )haste rnaintenanN and operating expenses B-23 ( 1 a ORGANIZATION OF MUNICIPAL GOVERNMENT § 43,080 between two or more similar assets owned and same extent to which they apply to a municipality operated by the municipality in direct proportion to covered by that section. ' the gross income of each. Acts 1987, 70th leg, ch. 149, 1 1, eff. Sept. 1, 1987, (d) The physical assets, including property and , facilities, that serve areas in more than one munici- it 41079. Consent Requirement for Annexation pality shall continue to sene those areas. The of Area In Crrtaln Conservation and municipality in which those assets are located shall Reclamation Districts operate and maintain them and may assess reason- A municipality that has annexed area in the dis- ; able maintenance and operation charges to the other trict described by Section 43.077(a) is not regked municipalities served by the assets. to obtain the consent of any municipality to annex (e) Subsections (&Ji) of Section 43.076 apply to is additional area located wholly in the district other municipality covered by this section to the same than the consent of the other municipalities that extent to which they apply to a municipality covered have annexed area in the district and have extrater. by that section. rhorial jurisdiction over the area proposed to be Acts 1987, 70th [ eg., eh, 149, 1 1, eff. Sept, t, 1987. annexed. Amended by Acts 1989, list Leg., ch. 1, 1 S(a), eff Aug. Acts 1987, 70th Leg„ ch. 149, 1 1, eff. Sept. 1, 1987, PA, 1989; Acts 1989, 71st [pg., ch. 303, 1 1, eft Sept. i, 1989. 1 43,080. Municipal Bonds Used to Carry Out 1 43.078. Alternate Method of Abolition of Con. Purpaees of Abolished Conservation senatlon and Reclamation District and Reclamation Dletrlct That Becomes Part of More Than (a) This section applies only to each municipality One Municipality that under any other law, including Section 43.075, (a) A conservation and reclamation district de- abolishes a conservation and reclamation district l scribed by Section 41077(s) may, instead of being created under Article XVI, Section 59, of the Texas abolished under that section, be abolished by an Constitution, Including a water control and improve agreement among all the municipalities in which the ment district, fresh water supply district, or municl- district is located. Approval of the agreement by pal utility district. the district is not required. The agreement may (b) If, before its abolition, the district voted to specify a date for the abolition of the district that is issue bonds to provide waterworks, sanitary sewer within 90 days after the date all of the district is facilities, or drainage facilities and if some or all of Included in the municipalities. the bonds were not issued, sold, and delivered be (b) The agreement may provide a method by fore the abolition, the governing body of die rri which the municipalities: pality, may issue and sell municipal bonds in an (1) take over the district's assets, Including amount not to exceed the amount of the unissued property and o facilities; and district bonds to carry out the purposes for whkh the district bonds were voted. (9) assume the district's bonded indebtedness, Vabilides, obligations, and other debts. (c) The bonds must be authorized by ordinance of (c) The agreement may describe the physical as. the governing body of the municipality. The or& sets, Including property and facilities, of the district ranee must provide for the levy of taxes on all that serve areas in more than one municipality inI taxable property in the municipality to pay the may provide a method by which the assets shall be principal of and interest on the bonds. when due. operated and maintained. The agreement may con. The bonds must be sold at not less than par value tain other provisions that are necessary or proper to and accrued Interest, and must mature, bear Inter. the abolition of the dlstrkt, the distribution of the est, and be subject to approval by the attorney assets, and the assumption of the bonded indebted- general and to registration by the comptroilee of ness, liabilities, obligations, and other debts. The publk accounts As provided by law for other general agreement may bind the parties for a period not to ob(igsdon bonds of the municipality. exceed 50 yeah regardless of any conflicting munic• (d) A bond that is approved, reglstered, and sold Ip,l charter provision. u provided by this section Is Incontestable. (d) Subsections (1HD of Section 43.078 apply to (e) This section repeals a municipal charter pro4 the munkipalides covered by this section to the lion to the extent of a conflict with We section B-24 § 43,030 LOCAL GOVERNMENT CODE This section does not affect the authority of a (2) any land contiguous to the reservoir and municipality to issue bonds for other purposes. subject to an easement for rood control purposes Acts 1987, 70th leg, ch. 149, 1 1, eft. Sept t, 1987, in favor of the municipality; and q 43.09E Continuation of Certain Mun1e1 el Wa• (3) the right-of-way of any public road or high. p way connecting the reservoir to the municipality ter Boards on Annexation of Hater by the most direct route, Control and Improvement District (b) The municipality may annex the artie if: (s) A munic(pal water board that was created by ^ Section 6, Chapter 134, Acts of the 52nd Legisla• I1) none of the area is more than rive miles ture, Regular Session, 1951,' and that continues to from the municipalitys boundaries; exist to preserve a vested right created under that (2) none of the Area is in another municipality's law, remains in existence with full power after the extraterritorial jurisdiction; and municipality annexes all the area of the water con.. (3) the area, exdudi~.j road or highway right. trot and improvement district whose functions the of-way, is less than 600 scree. ' municipality assumed and delegated to the water (c) The area may be annexed without the consent board, 50 long as the land located in the board's of the owners or residents of the area. jurisdiction is used for farming, ranching, or or. chard purposes. (d) The municipality may annex the area even if part of the area Is outside the municipality's extra. (b) The municipal water board shall select and territorial jurisdction or is narrower than the mind. designate one or more depositories for the proceeds mum width prescribed by Section 43.054. Section of the maintenance and water charges and other 43.055, which relates to the amount of area a munia• charges levied by the water control and improve. 1014y may annex in a calendar year, does not apply ment district And for any other income or other to the annexatiom funds of the district. The water board may select a depository regardless of the fact that one or more Acts 1987, 70th Leg, 71 149, 1, eft. Se t 398, members of the board are members of the board of 2s 1989 by Acts 1889, 71st Leg, eh 1, ; 3iPj, etf. . Aug, directors or are stockholders of the depository. i~ (c) The funds of the waiter control and improve- l 43.102, Annexation of Municipally Owned Air. ment district may be kept in one or more separate port accounts in the depository if the funds deposited In (a) A municipality may Annex: each separate Account are to be used for a different (1) an airport owned by the munlctpatty; and designated purpose from the funds deposited in any (2) the r htoEwa of an other separate account The funds deposited in the g y any public road or high. depository must be insured by an official agency of way connecting the airport to the municipality by the United States and must be at least As well the most direct route, Insured and protected as funds deposited in the (b) The municipality may annex the area if: official municipal depository of the municipality, (1) none of the area is more than eight miles I~ Acts 1981, 70th Leg, ch. 149, 4 1, eff. Sept. 1, 1987, from the municipality's boundaries; And Vernon's Ann.Civ,St &M 7Dee-141e1 Irepeak4 (2) each munkipafity In whose extraterritorial uwuotk nexiation. the airport Is located agrees to the (Sections 43.082 to 43,100 reserved for expansion) an SUBCHAPTER I. ANNEXATION PROVISIONS (c) The area may be annexed without the consent RELATING TO RESERVOIRS, AIRPORTS, of the owners or residents of the area STREL`d'S, AND.CERTAIN OTHER AREAS (d) The municipality may annex the area even it the area is outside the munkipsL'ty's extraterritorW } 43.101, Annexation of Municipally 0eened ftes• jurisdiction, b In another municipality's extraterrito• ervolr by General-Law Municipality rial jurisdiction, or is narrower than the mInimura (a) A general-law municipality may annex: width prescribed by Sectka 43.054. Section 43.0s4 which relates to the amount of area a munk)p Uty Ir (1) a reservoir owned by the municipality 'and may annex in a calendar year, does not apply to the used to supply water to the municipality; annexation. B•25 t ORGANIZATION OF MUNICIPAL GOVERNMENT § 43,121 annexation under this section of area out- lending on the effective dale of this Act The annention is (e) The go,rned by the law in effect at the lime the annelation %as side the extraterritorial jurisdiction of the annexing nstiluted, and the loaner law r conunced t effect for this municipality does not expand the extraterritorial purpose" jurisdiction of the municipality. 1 43.105. Annexation of Streets by General-Ltw Act' 1997, loth [As. ch. 149, 1 I, eft. Sept. 1, 1961. Municipality With Population of Amended by Acts 1989, list Leg, ch. I, 1 3U), elf, Aug. 984-938 29, 1989. Annexation of Streets, Ilighwaye, and {a} A aylsw municipality with a population 13.103. 984-986 m ay annex, by ordinance and without other ways by General-Law Sfuntel• th r pality the consent of any person, a street, highway, road, or alley adjacent to the municipality. (a) A general law municipality with a population The re utrements imposed b Section 43054 1 of 500 or more may annex, by ordinance and with- rot q by out the consent of any person, the part of a st.set, regarding the width of the area to be annexed do highway, alley, or other public or private way, in- not apply to an area annexed under th s section. eluding ■ railway line, spur, or roadbed, that Is Acts 1989, list Leg„ ch. 74, 1 1, off. May It. 1989. + adjacent and runs parallel to the boundaries of the i 1e9r91ed by Acts 1991,12nd Leg,, ch. 597,1 94, off. Sept. municipality. (b) The requirements imposed by Section 43.054 (Sections 43106 to 43.120 reserved for expansion) regarding the width of the area to be annexed do not apply to an area annexed under this section. SUBCHAPTER F. LIMITED PURPOSE eff. June ANNEXATION Acts ch. Amended by ~A 11991, 72nd Leg., ch. off. 1 Sept. 1. 19 15, 1991. Acts 1989, list Ley., ch. J, 1.!(k) amended Section 2 of Acts 1991, 72nd Leg., eh. 312 peuv{dm this subchapter "fat lU rovernmeotal acts and procerdinga relating to the annexation or atttmptord annotation of temtocy by a gencral law 1 43.121, Authority of Populous Ilome-Rule Mu- municipality before the effective date of this Act may not be held nlcipslitles to Annex for Limited invalid for the "1305 that the urritarr •'u not adiacent to the p'Urp03la, Other Authority not Af• rn ;cnpality btcsuse of is separation from the mumupahly by a highway, alley, a other public or plot wsY, Includirr any reeled rsdway line, $put, or roadbed. "Obi no rovernmeoW acts and proceedlnto relating to the (a) The governing body of a home-rule muri16 "M%, Lion of attempted annex.tion of a street highway, sney, or pality with more then 225,000 Inhabitants, if autho• other publk or private ray. Including any radwsy line, spur, or nixed under its home-rule charter, by ordinance may roadbed, by a gewral 4w munkipatity before the effective data of this Act may not be hek inalid for tM ""on that the municipal annex an area for the limited purposes of applying ty did not follow the proper statutory annexation procedure. its planning, toning, health, and safety ordinances "td The rovomm iital sets and proteedin deacnUd by Sub in the area. sections (a) std (hl of thu section ate validated u of the dates they eceurred (b) To be annexed for limited purposes, an area lid) The WWII does not apply to any matter that 05 the must To efrecthv dais of thin Art be: "111 IN Involved In ttis+tlon it the Wilitlon Ultimately res5lue to (i) within the municipality's extnterritortal jug the matter bring held baud by a final Judgment of a Court of sd within and competeet Ar4dktioot of I oinhu ~h`~Invalid by a fuel Judgment of a reset of (2) contiguous to the corporate boundares of Amendmont of thin action by Acts 1291, l2nd Les„ th. sr. the municipality, unless the owner of the area a*, WWI to take affect alder 1 Ila) of that act, ohkh consents to noncontiguous annexation. providem -to the extent LW a lair enacted b the lad Logiolature (c) The provisions of ti subchapter, other than ltegu6t SesiloS. I"ll, conflicts with thl Alt the our Lai Section 43.138, no not affect the authority of a prevada, regardless 91 04 relative dates of enactment or the municipality to annex an area for limited purposes relaVve effective data" under Section 43.136 or any other statute Mriting 143.104. Repealed by Acts 1991, 72nd Leg., ch. the authority to annex for limited purposes. Sit. 1 3(a), eff. June Is, 1991 Acts 1907, Ift leg., eh, 149, 1 1, eft. Sept 1, 1997. Section Ill of the lsdl repeating act provides, Amended br Acts Mill, 71ot Leg. CIL 1, sn eff. An`. tioe 1 28,1 9891 &S 1999, list Log, e~t. 92$ ~ it e~L Sept 2} d7 ti rthot pnlffeyt u Art ouio gecCion 43 tae 104 Qor dull a Gave B•26 § 43.122 LOCAL GOVERNMENT CODE 1 43.122. Certain Strip Annexations Prohibited (1) identify the Ends of land use and other A municipality may not annex for limited pur• regulations that will be imposed in the area if it Is poses any strip of territory, including a strip follow- annexed for limited purposes; and ing the course of a road, highway, river, stream, or (2) state the date on or before which the muck. creek, that is, at iV narrowest point, less than 1,000 ipality shall acnex the area for full purposes, feet in width and is located farther than three miles which date must be within three years after the from the preexisting boundaries of the municipality, date the area Ia annexed for limited purposes. unless the area is annexed under Section 43.129. Acts 1987, 7Jth Lap., ch 149, 1 1, off. Sept.. 1, 1987, Acts I987, 70th Leg, ch. 119, 1 1, eff. Sept i, 1987. Amended by Acts 1989, 7191 leg., ch. 1, 1 3(k), eff. Aug. Amended by Acts 1989, 71st Leg, ch. 1, 1 Nkl, of(. Aug. Z8' 1989. 9 29 989; Acts 1989, 71st Leg, ch. 822, 1 2, eff. Sept 1, 1 43.124. Public Hearings 4 43.123. Report Regarding Planning Study and (a) Before Instituting proceedings for annexing an 3 area for limited purposes, the governing body of the Regulatory Plan municipality must hold two public hearings on the (a) Before the 10th day before the date the first proposed annexation. Each member of the public hearing required by Section 43.124 is held, the mu• who wishes to present testimony or evidence re- nicipality must prepare a report regarding the pro- garding the proposed limited-purpose annexation posed annexation of an area for limited purposes must be given the opportunity to do so. At the and make the report available to the public. The hearing, the municipality shall hear and consider the report must contain the results of the planning appropriateness of the application of rural and ur- study conducted for the area in accordance with ban ordinances in the area to be annexed for limited Subsection (c) and must contain the regulatory plan purposes. prepared for the area In accordance with Subsection (b) The hearings must be held on or after the (d). 40th day but before the 2M day before the date the (b) Notice of the availability of the report shall be annexation proceedings are instituted. A notice of published at least twice in a newspaper of general the hearings must be published in a newspaper of circulation In the area proposed to be annexed. The general circulation in the municipality and In the notice may not be smaller than oneyuarter page of area proposed for annexation. The notice must be ■ standard size or tabloid-size newspaper, and the In the format prescribed by Section 43.123(b). Be. headline on tite notke must be in 18-point or larger fore the date of each hearing, the notice must be type, published at least once on or after the 20th day (c) Thos planning study must: before the hearing date and roust contahs (1) a statement of the purpose of the hearing-, that wiproject t! occur l occur the In kinds the nds area lathes of development (2) a statement of the date, time, and place ofa in the next l0 years if the area is not annexed for limited purposes and the hearing; and also if the area is annexed for limited purposes; (3) a general description of the loatko of the (2) describe the Issues the municipality consid• area proposed to be annexed for limited purposes. en t4 give rise to the need for the ansexatioto of Ads 1987 70th leg, ck 149, 11. off. Sept 1, 1987. the area for limited purposes and the public bent Amended ~y Acts 1989, 71st Leg., eR 1,1 W eff. Aug. 28, fits to result from the limited- N. purpose annexation; (3) analyze the economic, environmental, and 1 43,125. Adoption of Regulatory Plan .other Impacts the annexation of the ayes for (a) At the time the governing body of the musk} limited purposes trill have on the residents, land. pality adopts an ordinance annexing an area for owners, end businesses in the area; and limited purposes, the governing body must also (4) il,nti'y the proposed zoning of the area on adopt by ordinance a regulatory plan for the area. annexation sn1 inform the public that any com• (b) The adopted regulatory plan must be the same menta regardinj the proposed toning will be con. U the regula:ary plea prepared under Seetko sidered at the l ublie hearings for the proposed 43,123 unless the governing body fux!s and states its limited-purpose uanexation. the ordinance the reasons for the adoptloa of a (d) The regulatory plan must: different regulatory plan. B-27 ORGANIZATION OF MUNICIPAL GOVERNMENT § 43.130 (c) The governing body by ordinance may change compel the annexation of the area for full purposes a regulatory plan adopted under Subsection (b) if, in or the disannexation of the area. On finding that the ordinance making the change, the governing the municipality has failed to annex the area as body rinds and shtes the reasons for the adoption required by Section 43 127(x), the court shall enter of the change. an order requiring the municipality to annex the Acts 1989, 71st Leg., ch. I, ¢ 3(k), elf. Aug. 28, 1999. area for full purposes or to disannex the area. If 13.128. Period for Completion of Annexation an area is disannexed, the area may not be annexed again by the municipality for five years. The annexation of an area for limited purposes (b) If the municipality fails to take the eteps must be completed within 90 days after the date the required by Section 43.127(b), any affected person governing body institutes the annexation proceed- may petition the district court to compel the annexa- ings. tion of a particular area for lull purposes or the Acts 1999, list Les, ch. 1, ¢ 3(k), elf. Aug. 28, 1489, disannexation of the area. On finding that the ¢ 43.127. Annexation for Full Purposes municipality has failed to lake the steps required by Section 43,127(b), the court shall enter an order (a) On or before the date prescribed by the regu- requiring the municipalit • to annex the area for full latory plan under Section 43.123(dX2), the municipal- purposes or to disannex the ares- fly must annex the area for full purposes. This Acts 1989, 71st leg., ch. t, ¢ 3(kf, off. Aug. 28, 1989, requirement may be waived and the date for full- purpose annexation postponed by written agree- ¢ 43.129. Consensual Annexation ment between the municipality and a majority of the The municipality may annex for limited purposes affected landowners. A written agreement to any land for which the landowner requests annex&. waive the municipality's obligation to annex the lion and provides to the municipality before the area for full purposes binds all future owners of effective date of the annexation the landowner's land annexed for limited purposes pursuant to that written consent to annexation for limited purposes. waiver. With respect to any larger parcels of property, (b) In each of the three years for which an area consent of the owners of at least 51 percent of the may be annexed for limfted purposes, the municipal- total affected territory must be evidenced by appro- ity must take the steps prescribed by this subset. priate signatures on the Urnited-purpose annexation lion toward the fu4-purpose annexation of the area, request A landowners written consent to limited. By the end of the first year after the date an area is purpose annexation is binding on all future owners annexed for limited purposes, the municipality must of land in the area annexed for limited purposes develop it land use and Intensity plan as a basis for pursuant to the consent services and capital improvements projects plan. Acts 1989, list Leg., ch. 1, ¢ 9(k), off. Aug. 28, 1989. ning, By the end of the second year after that date, Amended by Acts 1989, 71st leg., ch. 84 12, eff. Sept 1, the municipality must Include the area In the munici• 1989• pality's long-range financial foreast and In the ¢ /J.lJO, Effect of Annexation on Voting n g. municipality's program to ;den* future capital ibU Improvements projects. By the end of the third t . horlty for Office, and Taxing Au year after that date, the munklpality must include holity in lu adopted capital improvements program the (a) The qualified voters of an area annexed for projects intended to serve the area and must idea- limited purposes are entitled to vote In municipal ` tify, potential sources of funding for capful im• elections regarding the election or recall of memo- i provemenu. bers of the governing body of the municipality or Ara 1489, list Leg, cis 1 ¢ elf, Aug. M 1989. regarding the amendment of the municipal charter. Amended by Acts 1989, list leg., eh. r4 ¢ 2, eff. Sept 1, The voters may not vote in any bond eleelbn. On 1989. or after the 15th day but before the filth day before ¢ 43.i28 Judicial lgemedlesdla: Forced Anneaatlon the date of the fast election held in which the or D4anne res,dents of an area annexed for limited purposes. are entitled to vote, the munklpsli4 shall publikb (a) if the municipality talk to annex the area for notice In the forts of a quaeterpage adrertimmeat full purposes as regnlred by Section 48.171(&), any In a newspaper of general eirculadon in the munit4 affected person may petition the district court to pality notifying the residents that they are eligible wean 1 M7 t x Res ~ B-28 § 43.130 LOCAL GOVERNMENT CODE to vote In the election and stating the location of all (b) Not later than September 30, 1989, the muni6 polling places for the residents. pality shall disannex land if the owner of the land (b) A resident of an ares annexed for limited has filed a written request for d"nnexation under purposes is not eligible to be a candidate for or to Subsection (a). be elected to a municipal office. (c) Any land d'uannexed under this section may (c) The init.?cipafily may not impose a tax on any not be annexed by the municipality for limited purr poses within property In an area annexed for limited purposes or five taste alter the date the quests on any resident of the area for an activity occurring negation, unless the owner of the land requests this er Se section ction a3. Any land the in the area. The municipality may impose reason' annexation under under able charges, such as building Inspection and permit municipality may not ot be annexed by y the fees, on residents or landowners for actions or municipality for full ea before writing 1, to procedures performed by the municipality in connee• not 1990, u annenlessxed the l for an full wmner er requests a writing municipals tion with the limited purposes for which the area is A purposes ty. A written request by the landowner downer to not be annexed. annexed for full purposes by the municipality under Acts 1989, 71at tel., ch. 1, 1 3(k), elf, Aug. 28, 1969. this subsection is binding on the munici;al::y unless 43.131. Effect of Annexation on Extraterritorl• otherwise agreed to by the landowner and the mu- a1 Jurisdiction nicipality until May 1, 1991. Acts 1989, list Leg., ch. 3(keff. Aug. 28, 1969. 'Me annexation of an area for limited purposes Amended by Acts 1989, 72ALg, ch. 822, 13, all. Aug. does not extend the municipality's extraterritorial 28, 1989. jurisdiction. Acts 1989, 71st ter4 ch. 1, 1 3(li% elf. Aug. 28, 1989. 1 43.134. Dlaenntxailon: Certain Prevhua Strip Annexatiora 43.132. Municipal Incorporation In Annexed A municipality that, ,afore September 1, 1987, Area annexed for limited purposes any strip of territory A municipality may not be Incorporated In an area dcscn'bed by Bastion 43.122 must have annexed that annexed for limited purposes unless the annexing territory for lull purposes before September 1, municipality gives iU consent 1988. If the municipality failed to annex the territo- Acts 1989, list tag., ch. 1 3(k), elf. Aug, 28, 1989. ry for full purposes within the time limit, the terr4 tory was automatically disanaexed on September 1, J 43.133. Dleannexatlon: Previous Annexatlons 1988, and may not be annexed again by the mur>ich In Central pality for five years. (a) The owner of land that was annexed for Acts 1,989, gist Leg„ ch. 1, 1 3(k), all. Aug. 28, 1989. limited purposes before September 1, 1987, but not 1 43,133. Dtsannexatlom Certain Previous An. annexed for full purposes on or before Dacember nexat)ons Outside Municipal Service 31, 1988, may file a written request for dlaannexa• Area tuna of the land with the munklpality no later than August 1, 1889. The municipality shall publish la► A municipality shall Immediately &annex any notice of the procedure established by the munlc ~ land that was annexed for limited purposes and was pality for filing a request for disannexatfon of land outside the munlelpality'a designated service area under this section, and the deadline for filing the before September 1, 1987, and that becomes the request, In a newspaper with general circulation in subject of a valid petition for the creation of a the area where land was annexed for limited put noneity service district as defined by Chapter 64, poses.: The notk must be published on two sepa. Water Code, unless the land was annexed for full rate dates after J~ne 1, 1989, and before July is, purposes by the munkipOity before October 1, 1989. The notice may bot be smaller than one-quar• 1987, or the date the petition was fled with the ter page of a aiandard-s(as or tabloid-size newspa• municipality, whichever date Is earlier, The dissa• per, and the headline on the notice must be 18 point negation shall occur on the fling of the petition. or larger type. A request for dissnnexation of land (b) A municipality may not annex the land coven within a platted suMvislon must be signed by the ed by the petition for full or limited purposes witldn owners of at least 61 percent of the land within the five years after the date of the dissnnexation. subdivislon. Acts 1989, 71st leg., ek 1, 1 8(kt off. Act. 28, 1989. B•29 ORGANIZATION OF MUNICIPAL GOVERNMENT 143.141 4 43,134. Authority of Speclal•Law MunlCipality (g) The municipality may designate all or part of to Annex for Limited Purposes Along the added area as an industrial district, as the term Navlgable Stream is customarily used, and may treat the designated area The governing body of a apeciahlaw municipal- rea in a manner considered by the governing body it located along or on a navigable stream may to be to the best interest of the written municipality. The y governing body may make written contracts or extend the boundaries of the municipality to Include agreements with Ue owners of land In the industri~ the area designated by Subsection (b) only to: al district, to guarantee the continuation of the (1) Improve navigation on the stream by the limited purpose annexation status of the district and United States, the municipality, or a navigation or its immunity from general purpose annexation for a other improvement district; and period not to exceed 10 years. The contract or (2) establish and maintaln wharves, docks, rail- agreement may contain other terms considered app way lenninals, side tracks, warehouses, or other propria!e by the parties. The governing body and facilities or aids relating to navigation or landowners may renew or extend the contract for wharves, successive periods not to exceed 10 years each. j (b) The municipality by ordinance may extend the Acts 1989, 719t reg., ch, 1, 1 3(k), eff. Aug, 28, 198x. boundaries to include an area composed of the navi- (Sections 43.131 to 43140 reserved for expansion] gable stream and the land on each side of the stream. The area may not exceed 2,500 feet in SUBCHAPTER 0. DISANNEXATION width on either side of the stream as measured from the thread of the stream and may not exceed 1 43.111. Dlsannexetlon for F'allure to Provide nex 20 miles in length as measured in a direct line from 8 a the ordinary municipal boundaries, either above or (a) A majority of the qualified voters of an an- below the boundaries, or both. Consequently, the nexed area may petition the governing body of the area Subject to the boundary extension is a strip municipality to disannex the area if the m'rniclpahty 5,000 feet wide and 20 miles in length, or as much fails or refuses to provide services or to cause of that strip as the governing body considers sdvisa- services to be provided to the area within the period bit to add to the municipality. The boundaries are specified by Section 43.056 or by the service plan extended on the adoption of the ordinance, prepared for the area under that section. (c) The governing body may acquire land in the (b) If the governing body fails or refuses to di added area by purchase, condemnation, or gift. If sannex the area aihin 60 days after the date of the condemnation is used, the municipality shill follow receipt of the petition, any one or more of the the condemnation procedure applying to the con. signers of the petition may bring a cause of action demnstlon of land by the municipality for the put- in a district court of the county in which the area is chase of streets. principally located to request that the area be disso- (d) This section does not authorize the municipatE nexed. On the filing of an answer by the governing ty to extend its boundaries to Include area that is body, and on application of either party, the case od hear without part of or belongs to another municipality. In accobrdancenwithothe Texas Rules of iCf>rr vii dPrxr (e) A municipality may not lax the property over dure, The diatr{ct court shall enter an order d'uao- which the boundaries are extended under We set- nexing the area if the court finds that a valid tion unless the property Is within the general munlo- petition was filed with the municipality and that the Ipal boundarfee. municipality failed to perform its obligations in se, in After the adoption of the ordinance extending cordance with the service plan or failed to perform the municipal boundaries, the municipality may ful- in good faith. ly regulate navigation, wharfage, Including wharf- (c) If the zeta is disannexed under this section, it age rates, and all facilities, conveniences, and aids may not be annexed spin within five years after to navigation or wharfage. The municipality may the date of the dfaannexWon. If it Is resantxed adopt ordinances, including those imposing criminal within seven years after the date of the disannexa- penalties, and may otherwise police navigstinn on lion, a service plan for the area must be implement- the stream and the use of the wharves or other ed not later than one yes: after the date of the facilities and aids to navigation or wharfage, reannexation. B-30 I,~ I I I t i 4 43.141 LOCAL GOVERNMENT CODE (d) The petition for disannexation must present a petition to the mayor of the municipality ill be written; that describes the area by motes and bounds and (2) request the disannexaGon; requests that the area be declared -n longer part of the municipality, the mayor shall order an election {3) signed in ink or indelible lwncil by the on the question in the municipality. The election appropriate voter; shall be held on the first uniform election date (4) W signed by each voter ss that lerson9 prescribed by Chapter 41, Election Code, that occur name appears on the most recent official list or after the date on which the petition is filed and that registered voter; affords enough time to hold the election in the { 15) contain a note made by each voter stating manner required by law, the person's residence address and the precinct (b) When a majority of the votes received In the number and voter registration number that ap- election favor discontinuing the area ss part of the pear on the persona your registration certificate; munfciPal;ty, the mayor 'hall ded" that the area (6) describe the area to be disannexed and have is no longer a part of the municipality and shall a plat or other likeness of the area attached; and enter an order to that effect In the minutes or 17) be presented to the secretary of the munici• records of the governing body of the municipality, polity. The area ceases to be a part of the municipality ca (e) The signatures to the petition need not be the date of the order, However, the area may not appended to cne paper. be discontinued as part of the municipality if the (f) Before the petition 4 circulated among the discontinuation would result in the municipality hav Ing less area than one square mile or one mile is voter, notice of the petition must be given by diameter around the center of the original municipal posting a copy of the petition for 10 days In three boundaries. public places in the annexed area and by publishing a copy of the petition once in a newspaper of (c) If the area withdraws from a municipality as, general circulation serving the area before the 15th provided by this section and if, at the time of the day before the date the petition it first circulated. withdrawal, the municipality owes any debts by i Proof of the posting and publiation must be made bond or otherwise, the are is not released from its by attaching to the petition presented to the'ecre- Pro rate share of that Indebtedness. The governing Cary; body shall continue to levy a property tax each year on the property In the area at the same rate that b (1) the sworn affidavit of any voter who signed levied on other property in the municipality until the the petition, elating the places and dates of the taxes collected from the area equal IL pro rate, pooling and shore of the indebtedness. Those taxes may be (2) the sworn affidavit of the publisher of the charged only with the cost of kvytog and collecting newspaper in which the notice was published, the taxes, and the taxes shall be applied exclusively stating the name of the newspaper and the Issue to the payment of the pro rate share of the Indebb and date of publicaNon• edness. Thia subsection does not prevent the inhab. Arta 1991, 70th Leg., rh. 149, 11, eff. Sept, 1, 1987. itants of the area from paying In full at any time their pro rat share of the Indebtedness. 1 11.141. blsanneastlon According to Municipal Ada 1989, 70N Let, ch. 14C 1 1, eft Sept, 1, 1997. Charter in Illome-Rule Municipality A home-rule municipality may disannex an area In Area In 1 s1'Ite. Dlerea In Ctn of Sparely P4dityel the munlrip►lity according to rules as may be pro neral•Las Municlpsliy vided by the charter of the municipality and not (a) The mayor and governing body of a general. Inconsistent with the procedural rules preecn'bed by law municipality by or&soos may discontinue to this chapter, area ae a part of the munkipality it: Acts 5987, 10th leg., ch. 149, 11, off. Sept. 1, 1989. (1) the area cons 4b of at lest 10 sera ton US. uuns to the municipality, and 1 11.111. Disannesatlon by Petition and Election (c) the area In Clner0l•1Jw Mualclpallty (A) Is unlohabited; or (a) When At leant 50 qualified voters of an area (B) contains fewer thaw one occupied rest lotted in a general law tnunklpably sign and dense or business structure for every two tens 13.31 f i ORGANIZATION OF MUNICIPAL GOVERNMENT § 43.904 I and fewer than three occupied residences or a^nen on a mmpktrd, x^d o< farmer Lw is continued in dDat bLaines7 atructurrs on any one acre. for thu pu rww." (b) On adoption of the ordinance, the mayor shall (Sections 43 141 to 43900 reserved for expansion) enter in the minutes or records of the governing SUBCIlAYTFR Z, body an order discontinuing the area. The area SIISCELLANbAUS PROVISIONS ceases to be a par of the municipality on the date of the entry of the order. t) 43.901. Circumstances in Which Consent to Acts 1987, 70th tog, ch. 149, { 1, eff. Sept I, 1981, Botmdarits or Annexation Is Pre. l 43,14S. Disannezetlon of Unimproved Area or sumed r Nontaxable Area In Certaln Municl• A municipal ordinance defining boundaries of or politics annexing area to a municipality Is conclusively pre. sumed to have been adopted with the consent of all (a) The governing body of a municipality by ordi• appropriate may discontinue an area as a part of the persons if: ` municipality if: (1) two years have expired after the date of the i adoption of the ordinance; and (1) the more ands located In aacounty with it popu~on (2) an action to annul or review the adoption of of more than 205,000, and the area is composed of the ordinance has not been initiated in that two. at -least three contiguous acres that are unlm• year period. proved and adjoining the municipal boundaries; Acts 1987, 70th Leg,, ch. 249, f 1, off, Sept, 1, 1987, or 43.902, Annexation, F.xtratcrrllorial lurisdle• (2) the municipality has a population of 696,000 lion, and Eminent Domain on Ines. or more, and the area is an improved area that is cesaible Gulf bland not taxable by the municipality and Is contiguous to the municipal boundary, (a) Land on an island bordering the Gulf of W6 (b) On adoption of the ordnance, the governing co that is not accessible by a publk road or common tamer body shall enter in the minutes or records of the municipality ferry facility may not be annexed rs a munletpaiity to order discontinuing the area. no without t the consent of the owners of area ceases to be a part of the municipality on the the farad. date of the entry of the order. (b) The extraterritorial jurisdiction of a munkipa} Acts 1987, 70th Leg, ch. 149, 11, off. Sept. I, 1981, (ty does not Include land on the island unless the owners of the land cownt. J 49.146. Dloanneaatlon of Land In a Municipal (c) A municipality may not take property on the Vtllily District island through eminent domain, Notwithstanding any provision of any other law Acts 1987, 70th Leg., ch. 149, 11, off. Sept. 1, 1987, related to the annexation or disannexation of terra 13.905. Effect of Annexation on Rallrosd Wry, Including but not limited to the requirement that the minimum width of any territory annexed be Switching Llrnlu or Rates at feast 1,000 feet in width, a municipality that has An annexation by a murtkipality does not change exercised limited purpose annexation may dinnnex or otherwise affect the twitching limits of a railroad any land located within a municipal utility &Lrict or any rates of a railroad. Such disannexation shall not affect the validity of Acts 1987, 70th Leg, ch. 149, 11, off, Sept 1, t987, the annexation of other territory. Such munkipsll• ty may refund sny taxes paid or waive any taxes 143,904, Annexations and Dinnneaallons Vail. due to the munki4►lity by the owners of the proper- dated ty disannexed pursuant to the provisions of this (a) Ills section applies to any municipality that sectloa. disannexed after December 81, 1988, any territory Acts 1989, 71st Leg., ch. 1068, 15. elf. Sept, 1, 1989. annexed for limited purpose before September 1, &etlen 4 of tat I NO Aft pra.ld, K 1987, 'n Is Act appIlea anh is a manktpl krim Was eemploW on so after Se tom Mt 1, I/M A alYRlHppol tnmunoa completed be• (b) The governmental acts and proceedings of a ton u,ag date v soverud Ir the law in effect at the ume tee municipality subject to " section relating to the E3.32 43.904 LOCAL GOVERN1fENT CODE annexation or attempted annexation of territory for validated as of the date they occurred, and may not full purposes and occurring before June 2, 1989, are be held invalid on grounds the disannexation was validated as of the dates they &curred, and may not inconsistent with the procedural rules established be held Invalid on the ground the annexed territory for disannexation by Section 43.141, Local Govero- was less than 1,000 feet in width or had previously ment Code, if the disannexation was otherwise per seen annexed for limited purposes, if the governing formed In accordance with law. body completed both public hearings required by Section 43,052, Local Government Code, before May (d) The governmental acts and proceedings of a k2, 1989. municipality subject to this section occurring sines the annexation or disannexation and before the ef• (c) The governmental acts and proceedings of a fective date of this section are validated sa of the municipality subject to this section occurring on or dates they occurred, before May 25, 1989, relating to disannexation or Acts 1989, list Lea ch. 922, 1 1, elf, Aug. 28, 1989, attempted disannexation of territory within the full purpose boundary limits of t'-, municipality are (Chapters 44 to 50 reserved for expansion] B•33 I APPENDIX C: Annexation and Related Provisions in the Chatter of the City of Denton r ARTICLE I. INCORPORATION, FOILM OF GOVERNMENT AND POWERS Sec. 1.01. Incorporation. h The inhabitants of the City of Denton, in Denton County, Texas, within the corporate limits as now established or as hereafter established in the manner prescribed by this charter, shall be and continue to be municipal corporation and the Inhabitants thereof shall be a body politic and corporate In perpetuity under the name of the "City of Denton," possessing all power, property and Interests which it possessed immediately prior to. the time this charter takes effect or may hereafter acquire, and having the duties, obligatlons and liabilities now Incumbent upon or hereafter Incurred by the city as a municipal corporation. Sec. 1.02. Boundaries. The boundaries and limits of the City of Denton until changed In the manner herein provided, shall be the same as have heretofore been established and as exist on the date of the adoption or this charter, which boundaries are more Hilly set out and described by metes and bounds in a book entitled "Ofiletal Corporate Limits. of the City of Denton, Texas," which G now, and shall hereafter be, on file in the office of the city secretary of the City of Denton. 'Editor's note-Publlehed herein is the city's Nome Rule Charter which was adopted by the voters at an election hold on February 24, 1959. The original arrangement and section numbers have been retained. Subsequent amendments to the Charter are denoted bya history note at the end of the affected section and/or by a note explaining the effect of the amendment. Obviously misspelled words have been corrected without notation. Words added for clarity are enclosed in brackets. C-1 f 1.03 DENTON CODE See. 1.03. Extenslan of city llmlts. The city council, by a vote of not less than four-fifths (Ys) of its membership, shall havo the power by ordinance to provide for the alteration and extension of said boundary limits, and the annexation of territory lying adjacent to the city, with or without the consent of the lnhab(b ! ants of the territory annexed. Upon the Introduction of any such ordinance to the city council, such ordina ice shall be published one time In the official newspaper of the City of Denton, Amendmenta may later be Incorporated into the proposed ordinance by a vote of not less than four-fifths (vs) of the membership of the city council and publication one time in the ofrcial newspaper of the City of Denton. The proposed ordinance, or any amendment thereof shall not thereafter be finally acted upon until at least thirty (30) days after the publication thereof; and upon the final passage of any such ordinance, or any amendment thereto, the boundary llrilta of the city shall thereafter be as fired the,eby, When any additional territory has been so annexed, same shall be a part of the City of Denton, and the property situated therein shall be subject to and shall bear its pro rata part of the taxes levied by the city, and the Inhabitants thereof shall be entitled to and shall possess all the rights and privileges of the citizens of the city of Denton, and shall be under obligations as such citizens. See. 1.04. Form of government. The municipal government provided by this charter shall be known as the "council. manager government." Pursuant to its provisions and subject only to the limitations imposed by the state Constitution and by this charter, eil powers of the City shall be vested in an , electi• a council, hereinafter referred to as "the council," which shall enact local legislation, adopt budgets, determine policies and appoint the city manager, who shall execute the laws and administer the government of the city. All powers of the city shall be exercised in the manner prescribed by this charter, or If the manner bo not prescribed, then In such manner as may be prescribed by ordinance. See. J5. Powers of the city, I The City of Denton shall have and may exercise all the powers granted to cities by the Constitution or laws of Texas including specifically those powers made aveAsbls to duet of more than five thousand (6,000) Inhabitants by what Is known as the Nome Rule Amendment to the Constitution of Texas Nrtlcle XT, Section 6) and the Home Rule Enabling Act (Chapter 13, Title 28 of the Revised Civil Statutes of the State of Texas, 1926), u now or hereafter amended. The city may acquire property within or without Its corporate purpose; may cooperate with the any IlmlU th for any mu. guvenrrrteat of Texas or say agency cy tberoof, or wiih lih the federal government or any agency thereof, or with the government of any county, city or ~ political subdivision to accomplish any lawful purpose for the advancement of the health, morals, safety, convenience or welfare of the city or its Inhabitants; may sell, lease, mortgage, hold, manage and control such property as Its Interest may require; provided the city shall not sell, convey, lease, mortgage or otherwise alienate any public utility without prlor approval by the qualified voters of the city; and may exercciee the power of eminent domain when nooessezr ' or desirable to carry out any of the powers conferred upon It by this cbarter or the Constitution C•2 APPENDIX D: Annexation and Related Provisions in the City of Denlon 7oning and Subdivision Regulations 7 (I See. 35.15. Temporary zoning, annexed territory. (a) All territory hereafter annexed to the city shall be temporarily classified as "A," agricultural district, until permanent zoning is established by the city council. Tho procedure for establishing permanent zoning on annexed territory shall conform to the procedure estab- lished by law for the adoption of original zoning regulations. (b) In an area temporarily classified as "A," agricultural district, (1) It shall be unlawful for any person to erect, construct or proceed or continue with the erection or construction of any building or structure or add to any building or struca Lure or cause the same to be done in any newly annexed territory to the city without first applying for and obtaining a building permit or certificate of occupancy therefor from the building official or the city council es may be required in this chapter, (2) No permit for the construction of a building or use of land ,hail be issued by the building official other than a permit which will allow the construction of a building permitted In the "A," agricultural district, unless and until such territory has been classired Ina zoning district other than the "A," agricultural district, by the city council in the manner provided by law, except as provided In subsection (b)(3) of this section, (3) An application for a permit for any use other than that specified in subsection %2) i of this section shall be made to the building official a,id by him referred to the planning and zoning commission foe consideration and recommendation to the city council. The planning and zoning commission in making Its recommendation to the city council concerning any such permit shall take into conslderation the appropriate lend use for the area and the comprehensive land use plan for the city, The city council, after receiving and reviewing the recommendations of the planning and zonIngcommisslon, may by majority vote authorize the issuance of s. building permit or certificate of occupancy or may disapprove the application. (Ord. No, 69. I(App, 8, Art. 5), 1. 14.69) { D•1 J I 1 I 1 DIVISION 2. PROCEDURES AND APPROVAL. PROCESS; POLICIES See. 3491. General overview of review process, i In order to allow orderly processing of a proposed development, the procedures discussed in this division shall be used. The steps for approval shall Include the following- 'I (1) Predesign conference with development review committee; a conference may be m r qu irecij; (2) Annexation by the city council, if applicable; (3) Zoning by the planning and zoning commission and the city council; 14) Approval of the preliminary plat and preliminary engineering plans by the planning and zoning commission and city council. Approval of a general development pihn for large tracts may also be required by the planning and zoning commission; (5) Approval of the final engineering plans by the city engineer; (B) Approval of the final lot orrecord and engineering plans by the planning and zoning commission; (7) Execution of development contract as furnished by city engineer (optional); (8) Recording of all executed easements, dedications and other documents required and, if a subdivision, riling of approved plat with the county clerk; (9) Letter from the chairperson of the development review committee that all approvals are complete; (10) Letter to start construction from the city engineer; a preconstruction meeting will be required; (11) Completion of construction and ameptance ora11 improvements by the city engineer, (12) File final lot of record if contract option not taken, see subsection (7) of thb section. (Ord. No. 83.70, 4 I(App. A. Art. 111, ch. III, art. 3.01), 7.683) D•2 II i I 1 I ' I I Sec, 34.93. Annexation policy, (a) It is the general policy of the city to assess on a case-by-case basis the annexation of areas in the extraterritorial jurisdiction when significant developments are proposed, occur. ring or likely to occur in the near future. (b) The following are guidelines for determining when annexation study should be can. - sidered: r (1) Guidelines for initialing study. Guidelines for initiating the study Include the fol• lowing: i a. Single-family developments over five (5) lots; b. Multifamily, industrial or commercial developments over cne (1) acre; c. Any area where the density exceeds pve hundred (500) units per square mile; or d. Any development ~r area that might have a significant Impact upon the city, Including but not United to service costs, increased traffic, utility needs or uti• liratlon,safety or health hluards, I When any or all of the above conditions exist, appropriate city staff shall review the i proposed development for the purpose of considering annexation. The review shall also include consideration of the annexation of logical planningareaa around the area of initial concern. I (2) Guidelines for scope of study. In studying the questions of whether or not an area should be annexed, the following criteria as guidelines for the scope of the study shall be considered at a minimum: i a. The ability of the city to furnish norms! urban services equal to other comparable areas Inside the city limits, Not3r Water and sewer system capabWtiee are con• sidered, but lines for Individual areas are normally not city financial responsi- bility; b. The reliability, capacity and future public cost, if any, of current and planned provisions for community facilities such as roads, utllities, etc, Private facWties will be considered; c, The nocd and quality of land use and building controls; private controls will be considered; d. Impact on the city, both current and long range, including at a minimum the following. 1. F1 scal cost and benefita; 2. Trafllc; 9, infrastructure of roads, utitilfes and other community faclUdes; 4. Safety or health; b. Building/development quality; S. Aesthetic quality; and 7. Community character; U•3 ¢ 3493 DENTON CODE e. Conformance with or need to ensure conformance with the officially adopted master plans of the city; f. Any person who shall petition the city for annexation shall pay to the department of planning and community development a fee In an amount determined and as from time to time amended by ordinance of the city council. The fee shall babe" upon the administrative expenses of the city In reviewing such petitions, A ropy of the ordinance establishing the fees shall be maintained In the department of planning and community development. , If, after preliminary study, the criteria of this subsection Indicate a need to consider I annexation in order to promoto or protect the public Interest, then the city will initiate formal annexation proceedings to consider the annexation question in detail. lfa property in the extraterritorial Jurisdiction iacontiguous to the city limits and the owner of the property desires that it be annexed In order to be qualified to receive city services when available and to be efforded zoning protection, the owner may petition the city for annexation. (3) Study and annexation procedure. The study and annexation procedure shall be as follower a. Be" upon guidelines for Initiating the study in subsection (bHl) of thin section, the staff 1s required to initiate a preliminary assessment of the area for possible annexation. b. The results of the preliminary assessment are presented to the city council as a work session item. The city council will review the study results and other In. formation and make a determination wbether or not formal study and public hearings and annexation proceedings should be Initiated. c. If formal public hearings are initiated, the planning and coning commission Is to ' review the annexation study and make a recommendation to the city council d. The city council will then consider all recommendations and public comment during the prescribed public hearings phew and make a determination whether or not to Initiate formal annexation proceedings. o. Formal annexation pmosedings accomplished, if applicable. L City council makes final determination. (Ord. No. 83.70, 41(App. A, Art. ill, ch.111, art. 3,03), 7.5.83; Ord. No. 85.204,111,10.1.85; Ord. No. 85.225,;1, 1l•5.85) D-4 I APPENDIX R: i Annexation Requirements in Section 5 of the Voting Rights act of 1965 Section 51.61 (a) Coverage, Annexations, even of uninhabited land, arc subject to Section 5 preclearance to the extent that they alter or are calculated to alter the composition of a jurisdiction's electorate. In analyzing annexations under Section 5, the Attorney General only considers the purpose and effect of the annexation ns it pertains to voting. (b) Section 5 Review. It is the practice of the Attorney General to review all of a jurisdiction's unprecleared annexations together. See City of Pleasant Grove v, United States, C.A. No. 80-2589 (D.D.C. Oct. 7, 1981). (c) Relevant Factors In making determinations with respect to annexations, the Attorney General, in addition to the factors described above, will consider the following factors (among others): (1) The extent to which a jurisdiction's annexations reflect the purpose or have the effect of excluding minorities while including other similarly situated 1 persons. (2) The extent to which the annexations reduce a jurisdiction's minority population percentage, either at the time of the submission or, In view of the intended use, for the reasonably foreseeable future. (3) Whether the electoral system to be used in thejurisdiction fails fairly to reflect minority voting strength as it exists in the post annexation jurisdiction, See y of Richmond Y, United Sta es 42? U.S. 358, 367.72 (1975}. (52 FR 490. Jan. 6, 1987, 52 FR 2618. Jan. 23, 1987) E-1 i APPENDIX F 1 FISCAL IMPACT STUDY { 1 rl~, REFER TO SECTION 5.20 OF THE ANNEXATION POLICY PLAN The fiscal impact analysis methodology has been identified as a work element. On completion it will be included in this Appendix. Page F-1 r 1 i 6 PF.NDIX ,SF,RViCE At 1 A. ce SgrYl-p-qQ 1. Patrolling, response to calls, and other routine services will be provided on the effective date of the annexation, using existing personnel and equipment. i 2. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished to comparable areas within the City. Be Fire pro er o and Emergency McMedical Se~SC e_I ~1 1. Fire protection and emergency medical services by the present personnel and present equipment, within the limitations of available water and distances from existing fire stations, will be provided to this area on the effective date of the annexation. 2. Upon ultimate development of the area,the same level of fire and emergency ambulance services will be provided to this area as are furnished to comparable areas within the City. C. Water/Wastewater $ery,ices Water and wastewater services will be extended to the property in accordance to the City's master utility plan and Article 4.09 of the Subdivision and Land Development Regulations. Developers shall pay the actual cost of all water and sower main extensions, lift stations and other necessary faoilitir)s required to serve their development in accordance with the city's master utility plan and the Subdivision and Land Development Regulations. The City may participate in the cost to oversize water and sewer mains subject to fund availability and approval Page 0- 1 ~4 i of the City Council. Where water or sewer main extensions, lift stations, force mains or other necessary facilities are installed by the developer, the developer shall be entitled to reimbursement of the cost of such facilities from pro- rata charges paid by persons connecting to or using such facilities to serve their property, according to the subdivision and Land Development Regulations. D. Solid Waste Collection 1. Solid waste collection will be provided to the property at the same level of service as available to comparable areas within the city, within 60 days of the effective date of annexation. I i 2. As development and construction commence within this property, and population density increases to the proper level, solid waste collection shall be provided to this property in accordance with then current policies of the city as to frequency, charges and so forth. E. Streets and Roads 1. The City of Denton's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning with the effective date of the annexation. 2. Routine maintenance of streets and roads will begin in the annexed area on the effective date of annexation using the standards and level of service as currently applied to comparable areas of the city. 3. Reconstruction and resurfacing of streets, installation of storm drainage facilities, construction of curb cuts and gutters, and other such major improvements, as the need therefore is determined by the City Council or Manager, will be accomplished under the established policies of the city. 4. Traffic signals, signage and other traffic control devices will be installed as the need therefore is established by appropriate study and traffic standards. Page C-2 5. Street and road lighting will be installed in the substantially developed areas in accordance with the established policies of the City. F. Environmental Health_an Code Enforcement Services 1. Enforcement of the City's environmental health ordinances and regulations including, but not limited to the grass and weed ordinance, garbage and trash ordinance, junked vehicle ordinance, sign ordinance, food handler ordinance, animal control ordinance, and the tree preservation ordinance shall be provided within this area on the effective date of the annexation. These ordinances and regulations will be enforced through the use of existing personnel. 2. Building, plumbing, electrical, gas, and all other construction codes, as may be adopted by the city, will be enforced within this area beginning with the effective date of the annexation. Existing personnel will be used to provide these services. 3. The city's zoning, subdivision and other ordinances shall be enforced in this area beginning on the effective date of the annexation. 4. All inspection services provided by the City of Denton, but not mentioned above, will be provided to this area beginning on the effective date of the annexation. Existing personnel will be used to provide these services. 5. Flood damage mitigation will be provided by existing codes and ordinances of the City as of the effective date of the annexation. 6. As development and construction commence within this area, sufficient personnel will be provided to furnish this area with the same leiel of environmental health and code enforcement services as are furnished to comparable areas within the city. G. Planning and Development Services The zoning jurisdiction of the City will extend to the annexed area on the effective date of annexation, zoning district classification is anticipated for this tract, Page G-3 i I i i I. Parks and Recreation Services Residents of the newly annexed area may use all recreation facilities, including parks and swimming pools throughout the City, on the effective date of the annexation. The same standards and policies now used within the city will be followed in the maintenance of parks, playgrounds and swimming pools. 1 r J. Electrical-Distribution Electrical power will be made available to the site as required, at the same level of service currently being provided to comparable areas within the city. K. Miscellaneous I Street names and sign will be installed, if required, approximately six (6) months after the effective date of annexation. Residents of the newly annexed area may use all publicly j owned facilities, buildings or services within the city on { the effective date of the annexation. All publicly owned facilities, buildings or services will be maintained in accordance with established standards and policies now used in the City. A L. Capital Improvements Program (CIP) The CIP of the City is prioritized by such policy guidelines as: 1. Demand for services as compared to other areas will be based on characteristics of topography, land utilization, population density, magnitud9 of problems as releted to comparable areas, established technical standards and professional studies. 2. The overall cost-effectiveness of providing a specific facility or service. The annexed area will be considered for CIP improvements in the upcoming CIP plan. The annexation area will be considered according to the same established criteria as all other areas of the City. Page G-4 I APPENp~X f{ CHART 12 SHOWING A TYPICAL WORKING PROCESS FOR ESTABLISHING AN ETJ APPORTIONMENT AGREEMENT WITH ANOTHER MUNICIPALITY: I runnins rtaf mxxtifi p0mik I boundaries and [mars, f i Prc urinary dis usdm wilh otlw dSry official t Rcvfcw by Eimtivc RaR. Ory Couna7 Rudy sec fort. Ca f a7 eve rtaff dirtttiartt as 10 bow to pruzod. i Staff holds mesiinS with the rapative V r x~sp~wllw city diuyns the p vzj 6 city. Refit city 6 In mgrr :t: a Stall presmts prrpual for L?J Zinc to (Sty Carma7 Site uaff furdrr dirw;ore 1 [Sty Couna7 Rudy mn4m. If Goutta7 as to tow to procm& asrm: ~ i lire I44 Devc 6 sw" with an noomury Wo. to draft an apportbnmcra I Draft tyamar 6 soot to the rmpmhe city for revinr, if OK ee■nmrnu end sussmbus art tod Public Ikarios 6 hid before the Dvaoo oxtrdo7 em stiff further &rcctbru as to [Sly Oou to sdopa the asror nalt. If how to aoom& Om oat ad" the ayec - 711c Wcuorsa 6 sate to the tmperthe dry for dock adopdm I 6 Ifie hOoun try e 6 Danlm% rrJ map 6 amadod to tdlaf the adopm} avacromt line Page H•1 1 1 i APPENDIX [ CHART /III SHOWING A WORKING PROCESS FOR THE CREATION OF A MUNICIPAL UTILITY DISTRICT: r City of Dcninn receivers rcqumt for the proposed MUD City Stag research 6sues and City Council holds public Prxecdingi to create MUD reports to City Cour~q study hearing and giros consent must be initiated within 6 sex fon. to proposed MUD months of obtainins consent and be completed within is months. City Council falls to jive Proponents peddoru city City Counn7 falls to make a consent on mutually to provide services. contract within 120 days of a;rmble terms within 90 petidon consdtules WOSMt. days. hoponents of MUD peddons. Texas Water Commission City may appeal the rulinj of Texas Water Comm. to create allows ereadon of MUD. the Team Water commlsslon MUD. to the District Court Page 1-1 APPENDIX J CHART tIV SHOWING A WORKING PROCESS FOR THE CREATION OF AN EMERGENCY SERVICE DISTRICT: r Ory or Dcnion recci"is tryuest foe proposed EJnergency Service District t II i Ory toff research and City Council holds Proceedings to create analyze Lmues and public hearing and Emergency Service report for ery Council gives consent to District must be study session. proposed Emergency initiated J semce District months consent. Ciry Cound fails t0 =emerjency GrA mgive consenwitma 60 failure to days of initial rcqurst months cconsent i I i r Page J-2 I APPENDIX K NF T[ON STATISTICS ORDINANCE ORDINANCE ACRES DATE NUMBER ANNEXED APPROXIMATE LOCATION OF PROPTATY 0524-60 60-021 4.9900 Northeast comer of Nottingham Woods Addn., Section 1 and north of Emerson Lane 08.09.60 60-030 138.1980 Northwest comer of Holiday Park Addn., north of Dead Bone Lane 10-2560 60-039 9.2220 Northwest comer of the J. Carter Survey, Ads. No. 268 10-31.60 60-040 5898.1910 South of West Prairie Street and Scripture Street, east of the SF RR and 1.35 06.09.64 64.030 11.3380 Southeast comer of Northwood Subdivision No. 2, and south of Old North Road I 01.12.65 65005 48.7420 West of Loop 288 09-28-65 65.035 134.5376 South of Hobson Road 11.0965 65043 2595.8400 Starting approx. at the southeast comer of Loop 288 at Silver Dome Road, along east side of Loop 288 to the MK&T RR 02.08-65 66-007 7.7500 Intersection of Hercules, Sherman and Cooper Creek 0530.66 66.017 251.1320 Southwest of GC&SF RR and West Prairie St. 09.10-68 68.028 1.9500 Southwest of 1.35 and city limit line 11.18.69 69040 3163.3300 Northeast corner of Hwy. 380 and AT&SF RR; strip along 1.35 from SF RR south approx. 3 miles; west and south of airport; strip along I.35 from Westgate north approx. 2 msges. 06.28.70 70020 11.8000 East of 1.35 and south of Hwy, 77 10.13.70 70.034 254.5000 West of GC&SF RR and north of S,H. 24 10.13-70 70-035 29.0200 North of S.H. 77 and east of the Harrison Tract 11.24-70 70.047 16.6860 Southwest of intersection of State School Road and city limit line 12.08.70 70.049 34.0600 Northeast of Spencer Road and loop 288 12.05.72 72.056 352670 Southeast of Loop 288 and Spencer Road 0220.73 73-003 21.0000 South of Kings Row and west of the Culp Survey 02.2073 73.004 46,3000 Southwest of an intersection approx. 2504 west of Loop 288 and 1004 south of Kings Row 02-20.73 73.005 131.7150 Southeast of State School Road and 1.358 04-03.73 73.008 100,8300 Southeast of intersection of Loop 288 and FM 426 05.1573 73-017 85.1650 Southwest of EI Pasto Road and Monicito Road Page K-1 ORDINANCE ORDINANCE ACRES DATE NUMBER ANNEXED APPROXIMATE LOCATION OF PROPERTY 10.16-73 73.027 71.9000 Between FM 2181 and Even Tract 02.05.74 74.006 39.4100 Between city limit line and Maeckel Tract 08.06.74 74031 5,3620 Southeast of intersection of T & P RR and Mayhill Road 09.03.74 74-034 152.4900 Northwest of Denton State School property and 1.35E 09.03.74 74.035 762400 Southeast of FM 2181 and city limit line 09.03.74 74.036 931.5000 Approx. 600' strip along 1-35W 24,000' south of SF RR; 11,000' strip along U.S.380 west of Masch Branch Road; 8500' strip along FM 428 north of Loop 288, 1,00V strip along FM 2164 north of Loop 288, 900' strip along U.S. 377 east of Trinity Raod 11.19-74 74044 94.5000 Southwewst of 135 and cast of Old Cemetary Road 11.19.74 74-045 227.9000 Southeast of U.S. 377 and north of ETJ Agreement line with Argyle 1119-74 74.046 351.4000 Northeast of State School Road and Denton-Corinth Common Jurisdiction line 1007.75 75.031 250.2800 Northwest comer of Ryan Road and FM 2181 1007.75 75-032 20.5500 South of 135E and 1004 south of State School Road 10-07.75 75.033 188.9000 Strip along Hickory Hill Road 02-01.77 77.005 157.0000 Southeast of intersection of Ryan Road and 1989 city limit line 04.19.77 77.018 201.3800 Denton State School 07.19.77 77.040 0.5656 Sou dtwest comer of intersection of S.B.B. & C.R.R. Surve; and GC & SP RR 09-06.77 77.046 26.5900 Northeast of the intersection of U.S. 77 and Denton Christian Church Tract 608-01.78• 78-028 •755.2200 North of the Denton-Argyle agreement line, north of the Copper Canyon City Limits and west of the Denton. Corinth Jurisdiction line 08.15.78 78.038 80.2880 Northeast of the Intersection of I.35 E and Mayhill Road 1107.78 78-064 6.5260 Southeast of intersection of Hercules Lane and Stuart Road 01.12.79 79.005 10.6000 Southwest of the intersection of Kings Row and Loop 288 03-21.79 79.021 4.4700 Southeast of the Intersection of Mingo Road and Mayhill Road 04-0379 79.028 12.0000 Northwest of the intersection of Scripture Stree and the AT & SP RR 05.29.79 79.038 19.6780 North of U.S. 380 4,000' east of Mayhtll Road Page K•2 ORDINANCE ORDINANCE ACRES DATE NUMBER ANNEXED APPROXIMATE LOCATION OF PROPERTY 08.21.79 79-061 45.8000 Northwest of the intersection of El Paseo Drive and Forrestridge Drive 09.18.79 79.076 21.0000 South of Denton Municipal Airport 10-23.79 79.079 314.8261 Northeast of the intersection of U.S.77 and Bonnie Brae 11.06.79 79-082 92.5120 Northwest comer of the intersection of the T & P RA and the King Tract 11.06.79 79.083 1.5207 Near the southeast comer of the intersection of U.S. 380 and the city limit r ~ 001-08.80• 80.001 -616000 Between U.S. 377, T & P RR, and Hickory Creek 02.19.80 60-012 37.5380 Northeast corner of the Martin Survey and FM 1830 04.01.80 80-026 314.9600 Between U.S. 77, Bonnie Brae, and Riney Road 05.2080 80038 6.5300 D. lambert Survey i 08-OS-80 80056 6.2290 O.S. Brewster Survey (Z-1437) i 108-19-80' 80061 •28.670 Northwest corner of U.S. 377 and the T & P RR 09.02.80 80.067 6.2000 O.S. Brewster Survey (Z-1451) 08.25.81 81.076 63.0180 Between FM 1830, B.B.B. & C.A.R. Survey line, and the AT & SF RR (Z•1496) 109-08-81 81.083 •26.4740 North of Spencer Road 10-06-81 81.094 440.0000 Northeast of the intersection of Spencer and Mayhfli j 01.12.82 82.002 0.2800 Fort Worth Drive and FM 1830 (Z•1513) 01.12-82 82.003 8.3800 North side of Spencer Road east of Bridges Street (Z• 1514) 01-12.82 82.004 401.9300 Between Texas Insturments property and 1.35 (Z•1520) 01.12-82 82-005 536.4900 North side of Denton, between North Locust and Texas lnsturment property (Z•1S19) 01.12.82 82.006 470.7000 North side of Denton, between Hwy 380 and Sherman Drive (Z-1512) 01.12.82 82.007 201.5000 North side of Denton, between Sherman Drive and North Locust (Z-1518) 06-08-82 82.052 208,0000 Between Jim Christal Road and Hwy 380 (Z-1534) 02.15.83 83.016 47.6500 Immediately east of Sewer Plant (2.1550) 02.15.83 83017 111.7200 South of Edward"osser Road (Z•1549) 02.15-83 63.018 121.1200 Both sides of FM 1830, south of Hobson Lane (Z•1542) 02.15.83 83.019 24.6050 Fast side of Mayhill Road (Z•1541) 03.15.83 83.027 3.4200 NE of intersecdou of 1.35 and Hwy 77 (Z•1552) 04.05-83 83.033 456.0000 East of FM 2181 and north of Robinson Road (Z-15601 Page K-3 y ORDINANCE ORDINANCE ACRES DATE NUMBER ANNFMD APPROXIMATE LOCATION OF PROPERTY 06-07-83 83.055 151.4900 South of TV/MKT RR, north of Hwy 380 and east of Cooper Creek Road (Z-1564) 08-16.83 83.090 229.6000 South side of Jim Ch -isial Road and west of existing City limits (Z•1578) I 11.15.83 83•134 150.5000 FM 426 and Mayhill Road, extending easterly 250 feet either side of centerline of FM 426 for a distance of approximately 3,000 feet (Z•I S90) 02.07.84 84.015 1014.4000 South of Hwy. 380 and west of 1.35 (Z-1610) 02.07.84 84-016 43.9000 West of 1.35W and south of City limits line (Z- 1611) 02-07-84 84.017 348.0000 1.35E between Loop 288 and Mayhill (Z•1613) 02.14-84 84-018 267.0800 Between 1.35W and Santa Fe RR (Z•1612) 02.21.84 84025 175.0000 North side of Hwy 360 East (Z-1621) 05.22-84 84-063 75.2100 West of 1.35W and north of Corbin Road (Z-1645) 08-07-84 84.097 81.4400 South side of Paige Road and along the west side of Swisher Road and north of the MKT RR (A-1) 08.07.84 84-098 470.0000 Beginning 350 feet south of and perpendicular to the centerline of Hwy 380 (A-3) 08.21.84 84.106 9.0130 Beginning approximately 700 feet east of Sherman 1 Drive (A 4) i 09.04-84 84.111 31.3350 East side of FM 2164 (North Locust) and west of Twin Lakes Mobile Home Park (A•5) 09.18-84 84.115 11,2000 North of 1.35E and southeast of Mayhill Road (A-6) 02.19.85 85.028 34.1730 Southwest comer of Ryan and Teasley (A-8) 02.19.85 8"29 5.7000 North of Hwy 380 West and west of Masch Branch Road U 9) I 02.19.85 85-030 130.550 South of Robinson Road and east of Nowlin Road (A- 10) 02.19-85 85.031 111.7100 West of I.3S North service road, north of Marshal( Road and east of T&SF RR (A-12) 08.06-85 85.151 361.7100 West of FM 2164 (North Locust) approximately 7,000 feet north of Hercules (A-16) 08.20.85 85.167 160.0000 North and south of Paige Rd. between I.3SE and i Swisher (A•20) I 10-01-85 85.197 115.0000 Approximately 5,000 feet north of US Hwy 380 East and west of Rockhill Road (A-22) 10.1S-85 85.210 304.9400 North and south of FM 426, east and west of Trinity Road, and south of Hwy 380 East (A-23) 11.19.85 SS-238 117.5000 Southwest comer of FM 2181 and Hickory Creek Road (A•27) Page K-4 i i ORDINANCE ORDINANCE ACRFS DATE NUMBER ANNFYED APPROXIMATE LOCATION OF PROPERTY i 'OS-OS-87' 87-085 -296.9700 Repeal of ordinance 86-005 0602.87 87.101 80.8200 Northwest of Loop 288, North of Kings Row and West of Farris Road - Strange (A 42) 07.07.87 87.119 69.1700 South of FM 2181 and East of Old Alton Road (A•48) 08-18-87 87.141 212.1200 1.35 North $00 foot strip (A-46) 10-06-87 87.163 73.3300 Lakeview Area • Miller (A-43) I0.06.87 87.164 2.8200 Between easternmost city limit line and U.S. Army Corps of Engineers monument Q313W (A•44) I 1006-87 87.165 1.8300 Southview Area (A-45) 10-2087 87-187 9.2100 Northeast Comer of Mingo Road and North Cooper Creek Road - Curtis and City (A-47) 10.2087 87.188 24.3900 West of 1.35 and North of Rector Road (A-50) 01.05.88 88-001 23,1200 South of El Pasco at Forrestridge (A-53) j ~ 03-01.88 68-046 51.3000 IOU strip • Elm Fork of the Trinity River (A•51) 10-18-88 88.175 20.8300 FM 2181 and Old Alton Road (A•56) 01.05.89 89.001 135.0000 Northeast comer of Mayhill and McKinney (A-$5) 04.18-89 89-052 134.9000 Elm Fork of the 'trinity River (A-58) 0305-91 91-033 1367.00 North of Crawford Rd. at the intersection of Alfred Rd. and I.35W 04.21-92 92.060 23.059 North of Ryan Rd. along Forrestridge Drive Page K-6 (1PPENDIX L LIST OF INDMDUAIS. DEPARTMENTS AND AGENCIES TO BE INFORMED AND PROVIDED WITH A CERTIFIED COPY OF THF.ORDINANCE UPON THF ANNEXATION OF AN AREA INTO THE CITY OF D_F.NTON. Executive Director of Finance, City of Denton. Executive of Director of Utilities, City of Denton. Director of Water/Waste Water Utilities, City of Denton. Director of Electric Utilities, City of Denton. Fire Chief, City of Denton. Tax Dept, City of Denton. Chief of Police, City of Denton. Director of Parks/Recreation, City of Denton. Director of Community Services, City of Denton. Superintendent of Solid Waste, City of Denton. Animal Control Supervisor, City of Denton. Chief Building official, City of Denton. Superintendent of Street Division, City of Denton. Engineering Tech. Supervisor, Engineering Dept., City of Denton. Right of Way Agent, City of Denton. Superintendent of Schools, DISD, 1307 N. Locust, Denton 76201. Manager, Lone Star Gas, 319, W.Oak, Denton 76201. Sammons Communications, 205, Industrial, Denton 76201. District Manager, GTE, P.O Box 520, Denton 76202. TABC, P.0 Box 2094, Denton 76202. The Chief Appraiser, Denton Central Appraisal District, P 0 BOX 2816, Denton 76201 Director of Public Works, Denton Courthouse, Denton 76201 Denton County Sheriff, 127 Woodrow Lane, Denton 76205 Denton County Clerk, P. 0 Box 2187, Denton 76202 Denton County Judge, 401 W. Hickory, Denton 76201 Denton County Commissioner, Precinct 1, 110 W. Hickory, Denton 76201 Denton County Commissioner, Precinct 2, 110 W. Hickory, Denton 76201 Denton County Commissioner, Precinct 3, 110 W. Hickory, Denton 76201 Denton County Commissioner, Precinct 4, 110 W. Hickory, Denton 76201 Comptroller of Public Accounts, Revenue Accounting Division, P. 0 Box 13528, Austin 78711. 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