HomeMy WebLinkAbout04-23-1996
a
t
CITY COUNCIL AGENDA PACKET
April 23, 1996
r
m
4
3
Agenda No. -I k• o/
AGENDA Agenda Item
CITY OF DENTON CITY COUNCIL Date 3 - 9(
April 23, 1996
The council will attend a dedication ceremony on Tuesday, April 23,
1996 at 4:00 p.m. at the South Lakes Park located at 401 Hobson
Lane, Denton, Texas.
Work Session of the City of Denton City Council on Tuesday, April
23, 1996 at 5:15 p.m. in the City Council Chambers of City Hell,
215 E. McKinney, Denton, Texas at which the following items will be
considered:
5:15 P.M.
1. Receive a report, hold a discussion and give staff direction
on the development of a Redbud Tree Trail and a program to
encourage the planting of trees.
2. Receive a briefing on the status of the City- Hall Renovation
Project.
3. Receive a report and hold a discussion regarding the status of
the electric industry in Texas.
4. Receive a report, hold a discussion and give staff direction
regarding a proposed cLauge in the ordinance dealing with the
hotel occupancy tax to adAress the 1995 State legislative
updates and City collection procedure changes.
5. Receive a report, hold a discussion and give staff direction
regarding the adoption of a resolution creating an at-will
employment policy for the City of Denton.
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 1996 at o'clock (a.m.)
(p.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE
CI"Y 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.
ACCO0300
f
G
5
F
r
Agenda No. Q(o -01
Agenda Item 1
CITY COUNCIL REPORT Date
TO. Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manager
DATE: April 23, 1996
SUBJECT: Receive a report on the development -)f a Redbud Trail and a program to encourage tree
planting
RECOMMENDATION:
The Keep Denton Beautiful Tree Board recovunends implementing the program.
SUMMARY:
In 1993, the City Council requested that the Keep Denton Beautiful Board develop a program to
encourage redbud tree plantings in the community. For three years, Keep Denton Beautiful has been the
principal sponsor of Denton Redbud Days. The proposed development of a redbud trail and "Releaf
Denton" program will continue the program. The Tree Board has identified eighty-five (85) sites
including both private property and public lands. A map showing the general locations, and a listing of
the sites is attached to the report. Private property owners will be contacted to encourage them to plant
redbud trees along the frontage of their property. These trees would be mainained by the property
owner. Public sites will to prioritized by city staff with the assistance of Keep Denton Beautiful.
Citizens would be encouraged to donate funds to purchase the trees at these sites, or private funds will
be used to purchase these trees.
The "Releaf Denton" program was organized by the Parks and Recreation Department but discontinued
in 1994 when the Tree Power program was introduced. Keep Denton Beautiful would like to reinstate
this program and offer redbud and other trees. The program would be funded by the purchase of trc4~s.
Local nurseries would be asked ;n bid on the project.
The Tree Board recommends instituting a voluntary program to encourage developers of new sites to
plant a redbud tree. The Board discussed the need to encourage developers to irclude one redbud tree
on their landscape plan.
BACKGROUND:
In 1993, the 73rd Texas Legislature named Denton the Redbud Capital of Texas. Denton has a long an
and distinguished history with the redbud tree. In 1937, Dr. Hubbard began planting redbud trees on the
TWU campus. The Denton Chamber of Commerce began promoting a landscaping program for Denton
including redbud trees in the late 1930's.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Citizens planting and purchasing trees, the Keep Denton Beautiful Board, and the Parks and Recreation
Department
i
I
a
d
{
AgeAft
FISCAL IMPACT. AgeDate No impact at this time
RESP LLY SUBMITTED:
Prepared by:
Rick Svehla
Acting City Manager
Cecile Carson
Community Improvement Coordinator
Approved:
*rankRirs
Planning Dircetor
is
i
. I
fff
AB J No. g
a
33
~ ~ Ohre
r 38 41
ca,
i T
3 -
} ,v ~ 317E{ 1M 3:. 34 .{g LA
1 II
r`e~'e L5 i
~t ~ 5+1 i
3 ~ w
V r of
1
OA4 IT, 52 53
111
t7 57 55 la l V3
_ . 76 5
14 15 J
iwt ~ Ir
14
r ~3
~ J
f
r
S
i
r
AC-t;oa No—
.agenda II m
REDBUD TRAIL DdIE_Z 7
PROPOSED SITES
1. Trees around Mack Park sign and a group further in park
2. Medians on Colorado Blvd.
3. Nort' corners of Colorado Blvd and Loop 288
4. ZasL side of Loop 288 between Colorado Blvd. and McKinney
5. SW corner of Loop 268 and McKinney
6. Spencer and Woodrow - East side grove
7. West corners of Spencer and Loop 288 ( 3 each)
8. Corner of Loop 288 and 135 in front of Colters 2229 S.I-35E
9. Medians on Lillian Miller Parkway
10. Around new library/fire station near Bent Oaks
11. FM 2181 and Hickory Creek Rd (school)
12. Joe Skiles Park sign on corner of Pennsylvania and 135
13. Pennsylvania and Ridgecrest Circle, corner of Joe Skiles Park
14. Fred Moore Park
15. Phoenix Park - end of Wood St
16. Near sign for MLK Park
17. More trees on Hickory sid,: of Denton Arts Center Bldg.
18. Embankment facing Eagle where Bell a,id Dallas Dr. meet
19. Four corners - West Oak and I-35
20. Denton Utilities - West Oak and Bonnie Brae
21. Denton Community Hospital 207 N. Bonnie Brae and
Vintage Retirement Home (383-2361) 205 N. Bonnie Brae.
22. Both sides of the median on West Oak St.
23. McKenna Park
24. MHMR. 2519 Scripture
25. Chevron gas station at. 1-35
'6. Cracker Barrel. 4008 I-35
21. Adult Day Care. 2400 W. University
28. Kmart
29. Bill Utter Ford
30. Catfish King
31. North Lakes Park - both sides of Windsor
32. Bonnie Brae between University and Windsor - east side
33. Outside fence of Texas Instruments
34. Subway Sandwiches et al on University Drive
35. US 77 Texaco
36. US 77 Denton Christian Church
37. US 77 Optimist Gym
38. Both sides of Windsor just west of Locust
39. Eight corners - Locust and Loop 288
40. Windsor between Olympia and Windstream
41. Strickland Middle School
42. Windsor between Bluebonnet and Sherman Dr.
43. The creek at Monterrey and Sherman Dr.
44. First Church of Nazarene
45. E.`,ght corners - Sherman Dr. and Loop 288
46. Sherman Dr. between Manhattan and Dover
47. Sherman Dr. and Kings Row
48. University Dr. and Hinkle
49. Fairgrounds - Carroll Blvd.
50. Sal-ration Army
8
F
Ag0da No. u
Aprode It -
51. Corner of West Oak and Ave D
52. Oak St. Hall
53. Ever's house on Oak St.
54. DISD Administration Bldg.
55. City Hall - McKinney St.
56. TWU Campus
57. Denton County Jail
58. Food Lion - McKinney Ave.
59. Mack park
60. Apartments beside Mack Park
M 61. Church - McKinney at Bellaire
62. Singing Oaks Church of Christ
63. Russell Newman
64. Tx. Dept. of Publ?.c Safety
65. Intersection of US 330 and Loop 288
66. Chevron on University Dr.
67. Denton Bible Church - University Dr.
68. University Dr. between Glenwood and Redwood
69. Chevron on University Dr.
70. TWU and TWU Child Development Center
71. Trinity Presbyterian church
72. Piggly Wiggly - Sherman Dr.
73. I-35 W
74. Hillz and Hollows Boy Scout Grounds
75. Areas along Sante Fe railroad
76. UNT
77. Cumberland Presbyterian Children's Home
78. Denia Park
79. Scripture and Ponder
80. Chamber of Commerce
81. Southlakes Park
oi. Greenbelt
83. Rails to trails
84. 1-35N and I-35E, and 1-35W
85. Kings Row and Loop 2e8
a
F
Agenda item a
CITY COUNCIL REPORT Date
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT: Briefing on Status of the City Hall Renovation Project
RBCOle7tRAfn#a^ION: We recommend that the City
project on schedule and complete design of the develoP pha proceed pha the
the project so that we may se of
y go to bid by August/September 1996,
SMQUiRy: This project was presented to Council during the City
Council Retreat in July 1995. Council approved funding of the
first phase of this project in fiscal year 1995/96 budget. Since
that time the City Council City Hall Renovation Committee has been
working with Corgan to fine tune the components of this project.
Corgan has coordinated and received input from the Committee and
affected Department heads. With that input the schematic design
has been finalized. Brent Byers with Corgan Associates Architects
will discuss the proposed timeline, schematic design (floorplans),
and answer any questions you may have in order to give you a clear
picture of the total project.
BA0, Q0M: April 18, 1996, letter and presentation agenda from
Brent Byers, Corgan Associates Architects.
pROG~ts ABP R'~'~**p_ g pR C~ROOPS AFSrar+rar,
and Zoning Commission, Public Utilities ie: Board, o City ,MPlannins
Office, Utility Administration Office, Municipal Services/Economi%
Development, Finance Department, Legal Department and Citizen
groups.
I+2SG1L ilIPA : The total budget for Phase I of this project which
includes construction, architect, public art and furniture/
equipment is $1,570,703.
Respectfully submitted:
R ck SActing City Manager
Attachment
1272.FM
k
APR-18:1995 13:4; FROM CORGAN ASSOCIATES. INC. TO 18175668242 P.02
Agamea lid,
Memorandun>" "da ten
all
4
coaoAN ASSOC1ATU. INC.
501 ELM 3TRar
DAUA1. TEE 75202.7554
ItL U414120"
PAX 21445512:2 18 April 1996
To Ms. Betty McKean Project Denton City Hall Renovation
Executive Director
City of Denton
215 East McKinney
Denton, Texas 76201
From Brent Byers Re Project Overview
Corgan Associates Inc. met with the City Council,n July 1995 to review the 1991 Master
Plan for tine City Hall Renovation Project. The project scope and budget were set during
the meeting.
Since the July meeting, CAI has mat with the City Council City Hall Renovation
Committee to review the Spa,-e Study Standards (square footage allocations by
department), Design Priority, Budget, Project review process and timeline. We have
meet with each DP! Lrtmeut to review je projected space requirements from the 1991
Master Plan ,nd have updated our documentation for 1996 and projected new space
requirements for the planned expansion for 1998.
We lave two plans which will be presented, the first is the 1996 master plan, which
moves the City Council Briefing work/briefing room to the main level. This will
facilitate greater convenience and improve the accessibility. Toe space allocations for
each department were reviewed to allow for expansion of each department with Oe
relocation of the Work/briefing room. The 1996 master plat: is the result of this process.
The 1998 master plan will indicate the planned expansion of each department, once the
Customer Services department has relocated to the D.W.
We look forward to presenting the plans to the City Council for approval, in order that
we may proceed with the design development and construct.on docweat phases. As
indicated on the timeline, we would like the opportunity to moet with the City Council
during each of the phases to review the updated status of the project. In July, CAI will
request City Council approval of the design before issuing the Documents for bidding.
End of Memorandum
Agenda Vc).
re-
' - n
PRESENTATION AGEND,f eld ganda Ite4Q
BRIEFING ON STATUS OF
CITY HALL RENOVATION PROJECT
• PROJECT BACKGROUND
• REVIEW SCHEMATIC BLOCKING PLANS
* 1996 FLOOR PLANS
• 1998 FLOOR PLANS
• PROJECT TIMELINE
• QUESTIONS/ANSWERS
3354. FM
04/18/96
}
t:
k
Agenda Na. t`1
Agenda Item •~3
Dote s
April 23, 1996
CITY COUNCIL AGENDA ITEM
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Rick Svehla, Acting City ,Managcr
SUBJECT: RECEIVE A REPORT FROM RICK COVINGTON, WITH THE CONSUL T ING FIRM
OF RMI REGARDING THE DEREGULATION OF THE ELECTRIC INDUSTRY AND
ITS AFFECT ON DENTON
SUMMARY:
As a result of major technology advances in electrical power generation and natural gas exploration,
coupled with the deregulation of the natural gas industry, the electric industry is facing significant
deregulation. Mr. Rick Covington from the consulting firm of Resource Management Interiational
(RMI) will present a review of these industry changes anc•. their likely impact on Denton at the April 23,
1996, council meeting.
Respe , Submitted:
t
Rick SveNa, Acting City Manager
Prepared by,
R. E /Nelson, Executive Director Utilities
j'Lome'penny_b'counciPrgitem`der:gulea09
d
Agenda No. -01 P
Agenda Item
µ •.13-x'
Intero"Ice Date
M E M O R A N D U M
to: Honorable Mayor and Members of the City Council
frrm: Susan E. Croff, CIA 9-e-
subJact: Hotel Occupancy Tax Ordinance Changes
daft: April 17, 1996
Attached is a copy of the current Hotel Occupancy Tax ordinance and a draft of the proposed
changes. The changes on the draft are highlighted for easy recognition.
The proposed draft updates the City Ordinance to reflect State legislation in 1993 and 1995. The
major items noted are:
I. Defrnltions were changed to coincide with State legislation or enhanced for greater
t:nderstanding.
2. Adoption of monthly reporting and payment - The larger hotels approve of this change
stating it allows them to smooth their cash requirements and mirrors the state reportin.-
requirements.
3. Exemption procedures were removed. With the 1995 legislatiop., the individuals
qualifying for exemption pay the tax to the hotels and then ask for reimbursement from
local entities.
r
1
r
R
Agenda No,
Agenda Ite
Date
HOTEL OCCUPANCY TAX ORDINANCE
i
CURRENT
L
t
110-81 Agenda No, 4)E_
DENTON CODE Agenda ltem~J
Date.! ~
ARTICLE IV. BINGO GROSS RECEIPTS TAX*
Sec. 1081. Levied.
An annual gross receipts tax of two (2) pe.-cent on the gross receipts on the conducting of
bingo games within the city is hereby levied and shall be collected from every person con-
ducting bingo gales in the city in accordance with the provisions of Vernon's Ann, Civ. St. art.
1794.
(Code 1966, 9 22.41)
Secs. 1082-10100. Reserved.
ARTICLE V. HOTEL OCCUPANCY TAXI
Sec. 10101. Definitions.
The following words, terms and phrases, when used in this article, shall have the mean.
legs aaribed to them in this section, except where
meaning: the context clearly indicates a different
Consideration means the coat of the room in a hotel only if the room is ordinarily
sleeping and does not include the coat of any food served or used for
personal services
Occu110101 mseanh aroom not ny bull related to the cleaning and readying of such room forooccupan yye
a~mmodatio L ~ in which the public may
for a consideration, obtain sleeping
ns, xiuding hot*. motel; tourist ho
inns' roomingbouses; or other boil ; houses or courts;
iacludin h ~s where reoms are furnished for a conalderti~~~~
8 ospitals, se,.itariums or nursing homes. twn; but not
0004P,"ey m,1W the use or possession or the right to the use or possession of any room
` in a hotel if the room is one which is ordinarily used for sleeping and if the occupant is other
f than a permanent resident,
L-Acr'"Pa+at means anyone who, for a consideration
Possess any room in a hotel under any ! ' uses, possesses or has a right to use or
contract or agreement, other than a , concession, permit, right of a°cese, license,
Permanent r'e8ldEnt.
Permanent resident means any occupant who has or shall have the right to occupancy of
any room in a hotel for at least thirty (30) consecutive days during the current ea:endar year
or preceding year.
QuarterlyPersod means the regular calendar
comPoaed of the months of October, November and -Jeers b er- the the year, the second qua quarter bei quarter being
months of January, February and March; the third mng the
and June; and the fourth quarter "g the months of April, May
quarter being the months of July, August and September. ImOte
end No. 83.05 autho i i'ng bing in he city, January 15, 1553, (h j : ectorate approves Ordinance
Seq. State law referer :s-Bingo enabling act, Vernon's Ann. Civ. St. art. 179d.
tState law reference • Hotel ecn:Pancy tax authorized, V.T.C,A Tax Ccde 1351.001 et
710
Y
S
E
y 'F
r.
, qCo '61~
FINANCE AND TAXATIO., AQtnda AVtnao I{e Nn,
,Q to
Dale ^
Tax assessor-collector means the tax assessor and collector of the city.
(Code 1966, 123-1)
Cross reference-Definitions and rules of construction generally, $ 1.2.
See, 10.102, Levied; amount; exemptions.
(a) Except as provided in subsection (b) of this section, there is hereby levied a tax of seven
(7) percent of the price paid for a room in a hotel on every person who, under a lease, conces-
sion, permit, right of acc,a9, license, contract or agreement, pays for the use or possession or
for the right to the use or possession of a room that is in a hotel, costs two dollars ($2.00) or
more each day and is ordinarily used for sleeping. The price of a room in a hotel does not
include the cost of food served by the hotel and the cost of personal services performed by the
hotel for the person except those services related to the cleaning and readying of the room for
possession.
(b) No tax shall be imposed under subsection (a) of this section upon the following persons;
(1) A permanent resident;
(2) A federal or state employee traveling on business;
2) Diplomatic personnel who present a tax exemption card issued by the United States
Department of State;
(4) Federal or state military personnel traveling on official military business. This ex-
emption does not cover military staff' on leave or between stations.
(Code 1%6, 123-2)
Sec. 10.103. Collection.
(a) Every person owning, operating, managing or controlling any hotel shall collect the
tax levied by this article for the city.
(b) The hotel operator shall be entitled to one (1) percent of the hotel occupancy tax
revenues collected as rei;nhsraement for the operator's administrative costa for collecting the
tax. Now2ver, as provided in this article, if the hotel operator fails to timely pay over the tax
or timely file a report as required by the city or files a false report with the city, he forfeits any
right to reimbursement.
(Code 1966, 1) 23.3)
Sec. 10.104. Quarterly reports.
On the last day of the month following each quarterly period, every person requireel to
collect the tax imposed by this article shall file a report with the tax assessor-collector shoe ing
the price paid for all room occupancies in the preceding quarter, the amount of the tax coAected
on such occupancies and any other information the tax assessor-collector may reasonably
require. Such person shall pay the tax due on such occupancies at the time of filing such report.
The rc;wrt shall be in a form prescribed by the tax assessor-collector.
(Code 1966, 4 23.4)
711
4
C
f~
§ 10`105 DENTON CODE Agenda No. Agendas Item
Sec. 10.105. Access to books and records. Date
Tho tax assessor•collecior shall have the power to make such rules and regulations as are
reasonable and necessary to effectively collect the tax levied by this article. He shall, upon
reasonable notice, have access to books and records necessary to enable him to determine the
correctness of any report filed as required by this article and the amount of taxes due here`
under, including documentation of information contained in' he report to the city by the hotel.
(Code 1566, 4 23.5)
Sec. 10.108, penalties.
la) if any person owning, operating, managing or controlling any hotel shall fail to file a
report as required in this article or shall file a false report or shall fail to pay to the tax
assessor-collector the tax as imposed in this article when the report or payment is due, he shall
forfeit five (5) percent of the amount due as penalty, and after the first thirty (30) days he shall
forfeit an additional five (5) percent of such tax However, such penalty shall never be less than
one dollar ($1.00). Delinquent taxes shall draw interest at the rate of ten (10) percent per
annum beginning sixty (60) days from the due date.
(b) Any person violating any of the provisions of this article, including a hotel operator
who fails to collect the tax, fails to file a return, files a false return or who is delinquent in the
tax paymeni, shall, upon conviction, be punished as provided in section M2 of this Code.
(Code 1966, 123-6)
Sec. 10`107. Additional penalties.
any
The city manager is hereby authorized to take all or any of the following actions against rson city a ed whohasmailed cocollect
rile ahreportimposed
W a false report orf ailed to the collection over to the
pay the tax when due:
(1) Require the forfeiture of any revenue the city allowed the hotel operator to retain for
its cost of collecting the tax;
12) File legal proceedings against the hotel for noncompliance; and
0 File legal proceedings against the hotel seeking any other remedies provided under
state law.
Sec. 10.108. Authorization to bring salt,
the city attorney is hereby authorized to bring suit against any person required to Lllect
the tax imposed by this article and required to pay the collection over to the city and who has
failed to rile a report or filed a false report or failed to pay the trx when due, Such suit may
seek to collect such tax not paid or to enjoin su~l person from operating a hotel in the city until
the tax is paid or the report is filed or both, as applicable and as provided in the bufmaction.
712
n
r
Agenda No.
FINANCE AND TAXATION Agen
Date r
Sec. 10.109. Usi of revenue derived from tax.
The revenue eerived fro,in any hotel occupancy tax imposed and levied by this article may
be used only to promote tourism and the convention and hotel indaptry, and that use is limited
to the following:
11) The acquisition of sites for and the construction, improvement, enlarging, equipping,
repairing, operation and maintenance of convention center facilities as such rre de-
fined in V.T.C.A, Tax Code 1351.001;
(21 The furnishing of facilities, personnel and materials for the registration of convention'
delegates or registrants;
I3) A6.vertising and conducting solicitations and promotional programs to attract tourists
e.nd convention delegates or registrants to the municipality or its vicinity',
(4) The encouragement, promotion, improvement and application of the arts, including
instrumental and vocal music, dance, drama, folk art, creative writing,
design and allied fields, painting, sculpture, photography, graphic and craft arts,
motion pictures, radio, television, tape and sound recording and other arts related to
the presentation, performance, execution and exhibition of these major art forms; and
r5) Historical restoration and preservation projects or activities or advertising and con-
ducting solicitations and promotional programs to encourage tourists and convention
delegates to visit preserved historic sites or museums:
a. Which are at or in the immediate vicinity of convention center facilities; or be
b. Which are located elsewhere in the municipality or its vicinity that would frequented by tourists, convention delegates or other visitors to the municipality.
Secs. 10.110-10.128. Reserved.
ARTICLE VI. TAX EXE&FTION FOR DESIGNATED MSTORIC SITES'
Sec. MIX Purpose.
This article is enacted for the purpose of encouraging the preservation of individually 1
designated historic sites by providing for a reduction of the city's property tax to qualifying
properties.
(Ord. No. 87.189, 4 1122.50), 10.20.87)
Sec. 10.127. Def aition.
As used in this article, "designated historic site" means any structure and the land
necessary for access to and use of the structure which is:
f 11 Designated as a recorded state historical landmark by the state historical commis.
sion; or
'Cross reference-Historic land preservation and historic districts, 4 35.211 et seq.
713
i~
"CSJ~
Awn No
ApEddt ItE
Date
HOTEL OCCUPANCY TAX ORDINANCE
PROPOSED
1
I
J
j
J:\M7D0CS\0RD\H0TEI0CC.0R0
Agenda No. ^
Agenm
t
Date
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ARTICLE V
ENTITLED "HOTEL OCCUPANCY TAX" OF THE FINANCE AND TAXATION CHAPTER
OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY AMENDING
SECTION 10-101 RELATING TO THE DEFINITIONS OF "HOTEL" AND "PERMA-
NENT RESIDENT" AND ADDING "REPORTING AND PAYMENT PERIOD"; AMENDING
SECTION 10-102 ENTITLED "LEVIED; AMOUNT; EXEMPTIONS" BY AMENDING
SUBSECTIONS (a) AND (b) ; AMENDING SECTION 10-103 ENTITLED "COLLEC-
TION" BY DELETING SUBSECTION (b); AMENDING SECTION 10-104 ENTITLED
"QUARTERLY REPORTS" BY REPLACING WITH "REPORTING AND PAYMENT
PERIOD"; AMENDING SECTION 10-109 ENTITLED "USE OF REVENUE DERIVED
FROM TAX" BY ADDING LANGUAGE TO ENSURE COMPLIANCE WITH SECTION
351.103 OF THE TAX CODE; BY ADDING SECTION 10-110 ENTITLED
"CONFLICT OF LAWS"; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION i. That section 10-101 of the Code of Ordinances of
the City of Denton, Texas is hereby amended to change the defini-
tions of Hotel and Permanent Resident, and by adding the definition
of Reporting and Payment Period to read as follows; all provisions
of section 10-101 not specifically changed herein shall remain in
full force and effect:
so*. 10-101. Definitions. (text of general provisions
unchanged]
Hotel means any building in which the public may, for
consideration, obtain sleeping accommodations, including
hotels; motels; tourist hcmes, houses or courts; lodging
houses; inns; rooming houses; or other buildings where
rooms are furnished for consideration. W`4 -00'.`400 ita
N11t1 ~r ~fl~°~~$~~►!'i ~ pan ~ r M.,, a y, (Jl'~!
Permanent resident ieY"a spsl>y 0 g ~ ti {t D~ of
pc ~t f>~°xa c t t a h6to1 tak 8 r t p ~a to dAM
♦
,ou ~t ~~t' h e !sir' rx~iip fd ~ o! " v~►r` Ao ' the
er"'son is a ` perm&.+nt res' ldent if he' enters
occupancy under a lease, the duration of which is at least
30 consecutive days, or if he has previously occupied the
room or space for 30 consecutive days.
V
.r
T
Agenda No. f ov
Agenda fie
Date
Reportlnq mend }payment per#od met~na a cgl~ndar month unless;
tte°, hotai aurae less thane. S50o tQr - d aal
$1~SttA,;~ok' p'Ctl,iend~r ~dax' ~n~ ox
tie hotel glu~irter.~P~the p~reoeatt~ris"t~ca~
5 : c~a~fi~a "to report, srict•pay ~~~~on a~gef~rterly
UCTION -U - That subsection (a) and (b) of section 10-102 of
the Coda of Ordinances of the City of Denton, Texas is hereby
amended to read as follows:
8e0. 10-102, Levied; amount; exemptions.
(a) Except as provided in subsection (b) of this section,
there is hereby levied a tax of seven (7) percent of the
price paid for a room in a hotel on every person who, under
a lease, concession, permit, right of access, license,
contract or agreement, pays for the use or possession or
the right to the use or possession of a room that is in a
hotel, costs two dollars ($2.00) or more each day and is
ordinarily used for sleeping. The price of a room in a
hotel does not include the cost of food served by the hotel
and the cost of personal services
for the person except those servicesrmrela ed a to othe
~cleaning and read inq of the room` for posse{ssion
PoM > k i fF4Jr Z~
RIO
MOT"
~~~y..yC ~ y~1 py ~t`(j ~`Y(:0 y■ i V ~i, C~~SY
b .tni k5x Kc ~ gJ
(b) No tax shall be imposed under subsection (a) of this
section upon the following persons:
(1) A permanent resident;
(w'~}z$ F -iQi C iC4r ' #Ast M, t ot~
1Qy4~e
1 w+p V
thsri, d itliti~i+8.~~~ ,
eduo w.
°rto6t~f thl~ftte~5
For
Viii to
y { if.L iR f~Yirr RA y l
the a**
~rfirrid ! with., phQ pa i etlt A
77
..kd td -5► tba' tsx,' r
aelate a °`tx throagh < Ile
EEC_ON IiT, That section 10-103 of the Code of ordinances of
the city of Denton, Texas is hereby amended by deleting subsection
(b) to read as follows; all provisions of section 10-103 not
specifically changed herein shall remain in full force and effect:
PAGE 2
~a
Agendi NO 96 A61
;ipe'nd~ Jlei~
oa'te ~j
Sec. 10-103. Collection. [text of general provisions un-
changed]
(a) [text unchanged]
ib)r, DoIlste
SECTION IV. That section 10-104 of the Code of Ordinances of
the City of Denton, Texas is hereby amended by amending section 10-
104 to read as follows:
000. 10-104. Quarterly Reports.
e i t#T10 Lr~ 1% az inq~ at t GP* 144 ~~sr3ad ;
:~~M~OY << xrucE~~L 'r 4WIV~ : 4 '~N'.ur 9'n M1 ~
y Mr v` , x~.
4 L ~yR
,
r Nndj 7./~f... t Y.V i/1A9 tI..,M:( 1~ .Y~:Sn ft .tA~:.d:
:Poo
MAW ~l~~y ^~.~~•h~.^~i i~~~``yYj9 ^.1~~j:••;; }y~
jk~
11• CiC3~~Cj!M~ ~(1~ FMi ' riR" 1(.154 H.~ ~J~r
ORA y be,. Ye 5+ 1 ro'bc ,kn r, ✓t .JY 1 sY .thT:
x
r l~e(g~ ~4 ~(~x L1NM1 iZMa~ `4M1e`~k~4.epV1Y~•
i y~IrrY
e'M ~~IVV I L~ a~~ Jfp.~y. An~2 ! f Mea
l~~
I
rt~k•a~ thr tax+r~r 'e~ue ~i r~~e a`it)ie
, e
SECTION V. That section 10-109 of the Code of Ordinances of
the City of Denton, Texas is hereby amended by adding a second
paragraph to section 10-109 to read as follows; all provisions of
section 10-109 not specifically changed herein shall remain in full
force and effect:
PAGE 3
W.1
age+ioa No. AD
Agenda Iten
Db%n
Sec. 10-109. Use of revenue derived from tax.
11dd,s
'1'hy+y~eF iI
~yx/-r~IV4ittu~+RiY1d~~~'yl~wr~~cna thi~~t shljaC11l y►esy;+~ryt~~c~ejdy~y►d
CRafV`P'•5 L`1ap'k4s 3Ji, VV; ! b ~itM F
~ ~~r~„sue"~~3~ •y.' ~w j
B
A e
9413141, MIS
ow- u.
'~s►xttu
vIW ,.o. x r Gn
a JF' : ~~:.p S~~F MI~ f~l Y. } R~r(- ~~~y~~~
# . 5 ~ H 5 h
~ ~ 5 ~j~ t >2 yes j Yl
5 ,W,'F w i.a.:A: ".F..Ya"~.vN x~,.,....t.,..iN~'s"' ¢ ;a`w.n ,
Y>k4... S.. .r .025
anif any y person provision
application t~ reof to That
or s circumstance is held invalid,
such invalidity shall not affect other provisions or applications,
and to this end the provisions of this ordinance are severable.
SECTIO' VTTT. That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
$1,000.00. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
SECTION IX. That all provisions of the ordinances of the City
of Denton in conflict with the provisions of this ordinance are
hereby repealed, and all other provisions of the ordinances of the
City of Denton, not in conflict with the provisions of this
E ordinance, shall remain In full force and effect.
SECTION X. That this ordinance shall become effective fourteen
(14) days from the date of its passage, and the City Secretat,y is
hereby directed to cause th3 caption of this ordinance to be
published twice in the Denton Record-Chronicle, the official
newspaper of the City of Denton, ir,-xas, within ten (10) days of the
date of its passage.
PASSED AND APPROVED this the day of , 1996.
BOB CASTLEBERRy, MAYOR
PAGE 4
F
}
Agenda No.
Agenda Iterj
dote
ATTEST:
JENNIFER WALTEAS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FOVX:
HERBERT L. PROUTY, CITY ATTORNEY
BY;
.r c
1
PAGE 5
S
r
F
Agenda No.
agenda Item
Data
MEMORANDUM
To: Tick Svehla - Acting city manager
From. Tom Klinck
- Director L" Human Resources
Datet April 19, 1996
Subject., "At-will" - Transition and Implementation
Rick, this memo is to outline our approach and transition to
an "at-will" employment status for non-rivil Service
employees should the City Council adopt a resolution
establishing such a philosophy.
It is my recommendation that we continue to essentially
follow the same practices in dealing with employee
performance problems, disciplinary actions, and terminations
as we do under our current policies and procedures. The
organization's managers and supervisors have been trained in
using a progressive disciplinary approach. They understand
the importance and value in treating employees in a
consistent, objective, straight-forward, and reisenable
manner. We have always stressed the importance of treating
employees with, dinity and respect.
Employees, too, appreciate the fact that the City has a
program that gives them an opportunity to correct a
performance difficulty or problem. Of cotrse, when a major
infraction occurs, we have and will continue to take the
appropriate level of disciplinary action (including
termination).
Our current practices have proven to be successful. Over the
past 10 years, the City has been challenged on employee
actions at several levels - attorney representations,
lawsuits, EEOC complaints, etc. Of approximately 32 such
actions, the City has prevailed in over 90% of the issues.
This is recognized as an excellent record and can be
attributed to our employee relations practices. Certain!y,
it would be hard to measure, but our approach has no doubt
averted many other potential issues that could have resulted
in a challenge had we handled them Inappropriately.
With Council's action, the p!an for the transition to an "at-
will" status will involves
1. Informal meetings with employees to communicate *he
change, answer questions, and begin helping employees
accept the changes. This has already begun since the
item is being discussed in open session. ManagArs and
supervisors have met with all employees and alerted them
to the Council's discussion on this issue Tuesday night.
0
April 19, 1996
Memo Zo R. Svehla - "At-will" - Transition and Implementation
2. After Council's formal action on the resolution,
we will finalize the revisions to our policies and
procedures.
3. Meet with each current employee and ensure they
understand the new "at-wilt" status. Each current
employee will receive copies of the new policies and be
required to sign a disclaimer with an acknowledgment of
receipt and understanding that after six months, all
current employees will be at will.
4. Begin notifying all new em~iloyees that the City is an
"at-will" employer.
5. Continue to require managers and supervisors to
coordinate and receive assistance from the Human
Resources Department staff in dealing with any
performance problem, disciplinary action, terr,ination, or
other employee relations issue. In this way, we will be
assured that these actions are being handled consistently
across the organization, that ootentidl legal liabilities
and risks are evaluated before actions are taken, and
that we continue to treat employees in the manner that
has helped us to be successful in conducting our
businsssea.
6. Follow-up meetings will be held as necessary.
Please let me know if you need any further information or
have a question.
Thank you.
Thomas W. tnck
tkme9623.tk
4/18/96
V
e
f
r.
r
tAwpdocs\res\atwi115,res
Aannda Nn. ~ ~ d ~
Agenda Item
Date
RESOLUTION NO. _
A RESOLUTION OF THE CITY OF Pl'NTON, TEXAS AUTHORIZING THE CITY
MANAGER TO AMEND CITY POLICIES 11'0 PROVIDE FOR A MODEL OF EMPLOYMENT
AT WILL WITH RESPECT TO ALL EMPLOYEES, OTHER THAN THOSE GOVERNED BY
CHAPTER 143 OF THE TEXAS LOCAL GOVERNMENT CODE; AUTHORIZING THE
CITY MANAGER TO OFFER SEVERANCE PACKAGES TO NEW HIRES AND INCUM-
BENTS IN KEY POSITIONS AT THE DIRECTOR LEVEL AND ABOVE, AND TO
EXPEND FUNDS AS NECESSARY IN SUPPORT OF SAME; APPROVING REDRAFTS OF
POLICIES 1.00 AND 104.02, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, for a number of years, the City ')f Denton, Texas has
utilized, but has not been contractually bound to, a formalized
progressive disciplinary process with respect to employees not
governed by Chapter 143 of the Texas Local Government Code; and
WHEREAS, the overwhelming majority of public and private
enterprises in Texas follow a strict model of employment at will;
and
WHEREAS, consistent with these principles, the City Council of
the City of Denton, Texas wishes to amend its disciplinary policies
to confirm and clarify a model of employment ac will with respect
to its employees (other than those subject to Chapter 143 of the
Texas Local Government Code), but wishes to do so in a manner which
still provides for some measure of supervision and review of
disciplinary actions taken with respect to these employees; NOW
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES:
SECTION I,. That the City Manager is hereby directed to,
within the next six months, modify all personnel policies as neeued
to implement a model of employment at will with respect to all
employees of the City of Denton., Texas (other than those subject to
the protections of Chapter 143 of the Texas Local Government Code)
similar to the attached Disciplinary Action Policy (109.01) and
Lisciplinary Review Hearing Policy (109.03), and discretion is
hereby conferred upon the City Manager to make such changes in the
attached policies (1C9.01 and 109.03) as are deemed necessary to
effectuate the purposes set forth in the recitals. All policies so
amended shall take effect '-mmediately upon their approval with
respect to new hires, and take effect with respect co current
incumbents within six (6) months of the passage and approval of
this resolution.
SECTION II. That within that six month period referenced in
Section I, above, the City Manager may offer any employees in key
positions at the director level and above whom the City Manager
decides to terminate withoit cause the option of remaining in that
position for a period not to exceed six months or, if the incumbent
agrees to leave immediately, a severance package not to exceed the
cost of 160 days of salary. Nothing within this section shall
wt
F
W'Sv
Agenda No. ~
Agend em
Oate~
apply to any employee subject to the requirements of Chapter 143 of
the Texas Local Government Code or subject to an employment
agreement with the City stating otherwise.
EC1'I0, N, ITI That as an aid to recruitment and retention, the
City Manager is hereby authorized to offer to incumbents and new
hires classified in key positions at the director level and above
employment agreements providing for severance packages with
provisions similar to the agreements the City has with employees
directly appointed by the city Council. The City Manager is
further authorized to exercise discretion in determining which
positions merit the offer of such severance packages. Said
severance packages may apply to any such employee who is involun-
tarily terminated, but may not exceed the cost of 3.80 days of
salary for the involuntarily terminated employee. The City Manager
is further authorized to budget and expend funds as necessary
pursuant to this section. Said authority shall take effect
immediately upon the passage and approval of this resolution.
SE_ ~ Iy, That the attached Purpose of the Policies and
Procedures Manual policy (1.00), and the attached Probationary
Period policy (104.02) which are both made a part of this resolu-
tion for all purposes, are hereby adopted as official policies of
the City of Denton, Texas, replacing all inconsistent or predeces-
sor policies. Said amended policies (1.00 and 104.02) shall take
effect immediately upon passage and approval of this resolution.
2^EQZ1Q1 Y. Each section of this resolution shall become
effective as of the dates set forth therein.
PASSED AND APPROVED this the day of
1996.
9OB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTEP.S, CITY SECRETARY
BY:
PAGE 2
rTAs G
e .
Agenda No.
Agenda Item
Date
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
PAGE 3
i
DRAFT ,a
ApandA Ala,
CITY OF DENTON Agenda item
Dat
e
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE
SECTION:
REFERENCE AJMBEA:
POLICIES AND PROCEDURES MANUAL INSTRUCTIONS 1.00
SUBJECT: EFFECTIVE DATE:
PURPOSE OF'iHE POLICIES AND PROCEDURES MANUAL 00100196
TITLE:
REPLACES:
PURPOSE OF THE POLICIES AND PROCEDURES MANUAL 12/15/92
1. DISCLAIMER OF CONTRACTUAL TERMS
THE CONTENTS OF THIS MANUAL DO NOT IN ANY WAY CONSTITUTE THE TERMS OF A CONTRACT
OF EMPLOYMENT AND SHOULD NOT BE CONSTRUED AS A GUARANTEE OF CONTINUED
EMPLOYMENT WITH THE CITY OF DENTON. EMPLOYMENT WITH THE CITY OF DENTON IS ON AN
AT WILL BASIS. THIS MEANS THAT THE EMPLOYMENT RELATIONSHIP MAY BE TERMINATED AT
ANY TIME BY EITHER THE CITY OR THE EMPLOYEE FOR ANY REASON NOT EXPRESSLY PROHIBITED
BY LAW. ANY ORAL OR WRITTEN STATEMENTS BY ANYONE, (EXCEPT INDIVIDUAL WRITTEN
EMPLOYMENTAGREEMENTS SPECIFICALLY AUTHORIZED BY THE CITY COUNCIL) TO THE CONTRARY
ARE INVALID AND SHOULD NOT BE RELIED UPON BY ANY PROSPECTIVE OR EXISTING EMPLOYEE.
THE CITY OF DENTON RESERVES THE RIGHT TO ALTER OR AMEND THE CONTENTS OF THIS
MANUAL AT ANY TIME WITHOUT NOTICE.
If. PURPOSE
The purpose of this manual Is to provide supervisors and department directors with a permanent, written
source of Information about the policies, procedures, and administrative directives of the City of Denton.
III, OBJECTIVES
The objectives of this manual are.
A. To establish standardized policies, procedures, and directives on issues that apply to all
departments and divisions of the City.
B. To reduce questions about policies, procedures, and directives by having them readily available
for reference.
C. To put in wril ing previously unwritten, "word of mouth" policies and procedures so as to make
them official and minimize errors in carrying them out.
0. To ensure that policies, procedures and directives are kept current by periodic updates of this
manual.
IV, RELATIONSHIP TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS
Every effort will be made to ensure that policies and procedures are consistent with the Code of
Ordinances of the City of Denton, Texas. If, however, there is any discrepancy, the Municipal Code shall
apply. Any person finding discrepancies should notify the Human Resources Department immediately,
q
k
Allem I N9,~ ` D
AQe item I
C/TY OF DEN TON Date
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE
PAGE 1 OF_'!
SECTION:
HUMAN RESOURCES REFEAENCE NUMBER:
SUBJECT;
104-02
EMPLOYEE DEVELOPMENT EFFECTIVE DATE:
717LF:
00/00/96
PROBATIONARY PER)OD REPLACES:
POLICY STATEMENT: 08/01 /94
Every Person appointed to a regufar P Osition (full-time and part-time) In the service 0f the Ci
required to successfully complete a probationary period of six (6
b shall be
CFC,
months. period, the supervisor ent the observe and evaluate the work tr all new employees and encourage
their effective adjustment to the position by } During the probationary
Providing necessary training and erientation•
The purpose of this policy is to allow the employee's supervisor: 1
counsel the employee in the operations of the department, the expectations tOf t'e rain, instruct, supervisor, end the ) to performance level required; and 21 to point out
and correct inadequate performance review, and
The succetifW rompletlon 01 8 probations
employment or as guerantesln ry Period should not be construed as estj
disdppnW or termination ;is d aP}°Yment for any "Pacific duration or as sets Miahlnngaa contract of
g Juat cause
ADMINISTRATIVE PROCEDURES:
i• At feast ten (10) working days prior to the completion of the employee's probationer
the employee's supervisor shall assess his or her performance to determine the advisability
of continued employment. The su Y Period,
and of the probations pervisor shall then prep;re a status t han
as to an ry Period or the termination of em containing docume tation
y performance evaluation or re ployment
asons for termination. This data s
the Human Resources to be placed in the employee's official NJ. hall be forwarded to
II, if an employee is absent for 30 days or more during the probationer
period may be extended by the amount of time the employee ties absent to be equivalent to
regular six months of er Y period, the probationary
reemployed shall be considered a new employee beandsserve the Posit n with the City and is
period under the same conditions,
i }months probationary
Benefit
Benefit accruals and eligibility will be deferred in accordance with the leave without
8), y
1)I. Any employee (regardless of the six-month probationer pay Policy
apply for promotion or transfer,
Y Period) will have the opportunity to
. Service employees are governed b r 143 of the Texas Coc
fV Civil ernment Code,
Vernc,n's Codes Annotated. This statute is available for revfew in the Denton Public Library
and the Departments of Fire, Police, and Human R sources, al Gov
a
f
A~rnda No,
Agenda Item
094-
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued}GE 2 OF 2
TITLE:
PROBATIONARY PERIOD REFERENCE NUMBER:
104.02
V. An employee who leaves a regular position with the City in order to actively serve in the
Armed for-as for not more than four years (unless extended at the request of the
Government), satisfactorily completes his period of active service, and makes an application
far reemployment with the City within ninety (90) days after completion of military s-rWce
shell be reemployed to a position for which he Is qualified at the pay level he would have
obtained (excluding any Increases based on work performance) had he not entered military
service. In addition, service credit and seniority as it relates to vacation, longevity,
leave earned prior to and not compensated for at the time of termination federal and
willbe deral and
state The laws.
conditions of the preceding paragraph will be applied as required by SPX ',cable
I
a
F
i
r
Agenda No. ! T
Agenda lie
CITY OF DENTON Date
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIhECTIVE PAGE i of 10
SECTION:
REFERENCE NUMBER:
HUMAN RESOURCES
SMECT: 109.01
EFFECTIVE DATE:
DISCIPLINARY POLICY
TITLE: 00/00/96
REPLACES:
DISCIPLINARY ACTION
04/19/88
POLICY STATEMENT:
It is the policy of the City of Denton to maintain an effective, productive, and disciplined work force in order to
deliver quality and adequate services to the citizens of Denton, Each employee is responsible for performing his
or her job in a safe, productive, and effective way and within the instructions and standards established by his
or her supervisor. In addition, employees are expected to maintain acceptable standards of conduct in their
employment. Supen-isors are responsible for Instructing employees in job duties and responsibilities and
communicating performance standards for the job. Supervisors accomplish this through job orientation, job
instruction, coaching and kiformal discussions with the employee.
Those employees governed by the provisions of Chapter 143 of the Texas Local Government Code, the City
Manager, City Attorney, Municipal Judge, Assistant Judge, persons employed by a written contract signed by
the city manager, probationary, temporary, and seasonal employees shall be exempted for the application of this
policy, unless specificafiy stated otherwise herein. However, an opportunity for a response and hearing shall be
afforded such employees when the conduct charged has been publicized to the extent that the reputation of tke
employee Is brought into dispute or the conduct charged coostitutes the exercise of a constitutional right. The
purpose of this policy is to give direction to supervisors only. It confers no employment or Property rights upon
any employee, and all employees are employed strictly on an at-will basis.
ADMINISTRATIVE PROCEDURES:
1. INTRODUCTION
These administrative procedures are established to provide appropriate guidelines in carrying out the
policies of the City of Denton regarding the progressive disciplinary program. They are intended to
address general application of the principles of fair disciplinary actlont in typical situations. Disciplinary
actions should recognize the importance of the City's responsibility to provide quality service delivery
to the citizens. These procedures address a broad range of performance of duties and conduct
problems. However, they are not Intended to address every problem or situation which might arise.
It is the responsibility of the supervisor to determine the nature, extent, facts and circumstances in each
disciplinary e.-tion and use judgment in the application of these policies and procedures.
If an employee demonstrates unsatisfactory performance of duties or unsatisfactory conduct problems,
disciplinary ac*ions are designed to help the employee correct the problem and build a renewed
commitment to the City and his or her job in a fair, equitable an:: consistent manner.
,i
jj[[
Agenda Na
Apenda ifit
Data
PAGE 2 Of 10
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued)
TITLE:
REFERENCE NUMBER;
DISCIPLINARY ACTION
109.01
Definitions for purposes of thesa Procedures shall be as follows:
Whenever the term 'Director of Human Resources or designee" or "authorized representative of the
Department of Human Resources is used, it shall mean the Director of Human Resources or, upon his
or her absence or act of designation, the Human Resources Specialist.
Whenever the term "supervisor' is used, it shalt mean tnat person to whom an employee reports and
who is responsible for hiring the employee and administering performance evaluations and disciplinary
actions for that employee.
Whenever the term "supervisor's manager' is used, it shall mean that person to whom an employee's
j supervisor reports.
11. GENERAL CRITERIA TO BE CONSIDERED IN DISCIPLINARY ACTIONS
The supervisor may consider the following criteria in determining what disciplinary action is to be taken:
1. Severity and kind of offense(s)
2. Impact of the offensels) on other employees, the City and citizens
3. Employee's length of service and work record
4. Period of time since discussion with the employee about a similar problem or recent disciplinary
action for the some or similar problem
5. Past disciplinary actions taken by the City for the same or similar problem
All or a combination of the following disciplin.ry measures mad be taken depending upon the particular
circumstances surrounding the employee's conduct.
If a supervisor determines that the nature, severity and Impact of the employee's action(s) require
severe disciplinary action, he or she should thoroughly investigate the situation, discuss it with his or
her immediate supervisor and an authorized representative of Human Resources and obtain approval
of his or her Department Director and the Director of Human Resources prior to taking any action.
Ill. RESPONSIBILITY AND AUTHORITY FOR ADMINISTERING DISCIPLINARY ACTIONS
Immediate supervisors are responsible for enforcing all City policies and procedures, accomplishing the
goals and objectives of a division or department and maintaining the work performance, attendance and
conduct standards among their employees. They are vested with the authority to take appropriate
disciplinary action under the directions and guidelines set firth in these procedures.
1. The City Manager, an Executive Director, Department Director, division manager, or supervisor
may Issue an oral or written reprimand to an employee under his or her responsibility, place an
employee on a disciplinary progress period, suspend an employee without pay, or dismiss an employee.
4
Agenda No.169 od-
Agenda Ile
Date ~Q PAGE 3 OF 10
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued)
TITLE: REFERENCE NUMBER:
DISCIPLINARY ACTION 109.01
2. Prior to any disciplinary action being administered, the supervisor Wi11 conduct a thorough
examination of the situation before deciding to take any disciplinary action,
3. All proposed disciplinary progress periods, suspensions or terminations shall be reviewed by the
Director of Human Resources or his or her designee prior to any formal action being taken.
4. All disciplinary actions for written reprimands, suspensions, disciplinary progress periods and
terminations will be properly documented, substantiating the action being taken and copies of
documents required by this policy will be Included in the department ant; Human Resources
Department files.
5. If a serious problem crises endangering the safety, health, or life of the employee, another
employee, citizen or i' in the judgment of the supervisor, the employee problem is unmanageable,
a supervisor has authority to proceed immediately to place the employee on administrative leave
with pay. The supervisor will Immediately notify his or her manager and the Director of Human
Resources or his or her designee. This will allow time to Investigate, determine appropriate action
and discuss alternate actions prior to formal action being taken.
6. The City Manager shall have authority to discipline an Executive Director, Director, or other direct
reporting subordinate. Executive Direc.jrs shall have the authority to discipline a Director or other
direct reporting subordinate.
IV. EXAMPLES OF PERFORMANCE DEFICITS AND PERSONAL CONDUCT SUBJECT TO DISCIPLINARY
ACTION
Coaching and Informal discussions are everyday responsibilities performed by supervisors to ensure
employees are performing their jobs and conducting themselves in an acceptable manner. It a work
performance, attendance, or conduct problem arises, the supervisor may coach and informally discuss
the problem with the employee. The objective is to assist the employee In recognizing that a problem
exists and develop effective solutions to correct the problem. Normally, the employee corrects most
problems in this manner. However, when Informal discussions fail to bring about the appropriate
changes in the employee's behavior, formal disciplinary action may be taken. The following actions
are intended to be descriptive and serve only as a gulda to the types of problems for which disciplinary
action may be appropriate. This listing is not intended to be exhaustive or exclusive of the types of
conduct for which disciplinary action may be taken:
A. Performance of duties
The following are exampl4s relating to unsatisfactory performance of duties for which disciplinary
action may be taken:
I . Incompetency in the performance of duties. The fact that any employee is deemed competent
at the tune of employment shall not preclude a judgment of Incompetency as the result of
apparent unwillingness to perform assigned tasks, being absent without leave or demonstrat-
ing unnecessary ,absence from the assigned work area during assigned hours of work. Other
metheds of proof of incompetency shall include repeated oral and written disciplinary actions
it
r;
F
>
agenda No,
Agenda Ilem
Date 14-
PAGE 4 OF 10
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued)
TITLE: REFERENCE NUMBER:
DISCIPLINARY ACTION 109.01
for minor infracC ns of policies, rules, regulations, manuals, or directives, or repeated oral and
writte., disciplinary actions demonstrating the employee's inability to meet performance
standards.
2. Failure to satisfactorily meet performance standards for the position,
3. Patterned absenteeism without sufficient medical justification.
4. Absence without approved leave.
5. Tardiness, as an habitual pattern or failure to report for du,y at the assigned time and place,
6. Violation of written departmental regulations regarding the performance of duties.
7. Careless, negligent or improper use of City property or equipment.
8. Improper use of leave privileges.
9. Discourteous treatment of the public or other employees.
10. Neglect or carelessness in the performance of duties,
11. Failure to meet or maintain specified conditions of employment, such as failure to obtain or
maintain a license or certificate required as a condition for performing a job.
12. Negligently causing damage to City property.
13. Causing or contributing to an accident by operating City equipment in an unsafe or
unauthorized manner,
B. Personal Conduct
The following are examples relating to personal conduct for which disciplinary action may be
taken. Tha list is not Intended to be all Inclusive. It does describe examples of conduct which
management believes are unacceptable and could jeopardize an employee's continued employment.
Examples are:
1. Theft of, aiding in, or encouraging the theft of cash, City property or equipment.
2, Destroying City records without authorization.
3. Falsifying City records, Including application for employment or medical information or other
information concerning employment status.
4. Willful damage to public property or willful v astc of public supplies, service, or equipment.
c
H,
F
i;
Hgenaa No.!I.(ti~1
Agenda Item
Date ~9(62
PAGE 5 OF 10
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued)
TITLE;
REFERENCE NUMBER:
DISCIPLINARY ACTION 109.01
5. Insubordination: the refusal to perform a reasonable, lawful, safe and proper work
assignment, duty or task from an authorized supervisor.
6. Physical assault committed on the job upon a City employee, member of the public or City
official.
7. Using an official position or office for econ3mic gain or soliciting favors or gratuities for
performing services required by the employee's position.
8. Disclosing information as defined by statute to be confidential.
9. Unauthorized use or possession of City funds.
10. Unlawful possession or use of dangerous weapons, such as firearms or knives on the job.
11. Using threats against another employee or a member of the public.
12. Engaging in any employment activity jr enterprise which constitutes a conflict of interest.
13. Using City property or equipment without authorization.
14. Dereliction of duty: Dereliction of duty on the part of any employee, detrimental to the proper
performance of the functions of the City, is cause for disciplinary action. The followi
subsections constituted g
ereliction of duty:
(a) Failure of a supervisor to immediately take action when a violation of policies, rules nr
regulations comes to his or her attention, regerdiess of the supervisor's or violator's
assignment or position in the City.
(b) Failure to observe and give effect to the policies of the emproyee'a department or the
City.
(c) Failure to deliver to the official City custodian any property found by, confiscated by, or
relinquishea to employees of the City without undue delay and, in any event, before the
work day is ended.
15. Misusing or failing to use delegated authority in the performance of duties.
16. Using abusive language toward employees or the public.
17. Unrecessarily disrupting the work of other employees.
I
18. Operating or conducting gambling on the job or on City property.
19. Drinking alcoholic beverages during working hours.
V
/w
X
ti
Agenda
Agenda tam
Dare ^
PAGc6 OF i,Q
POLICY/ADMINIS 1 RATIVE PROCEDURE/ADMINISTRATIVE DIREC FIVE (Cont;nued)
E701SCfPLINARY REFERENCE NUMBER:
ACTION
10g.01
20. Violating safety rules or practices which encringer the employee or others or damages City
property or equipment.
21. Playing tricks or jokes or engaging n horseplay on the job.
22. Making derogatory racial, age, ethnic or sexist remarks while on duty.
23. Engaging in personal business while on di.ty without authorization of his or her supervisor.
24. Failure to report damage to City equipment or property of others.
25. Appropriating City property, Le., equrpment, furniture or construction materiels tnhlch have
been abandoned or discarded.
26. Utilizing City data or information systems for any reason other than City business.
27. Sleeping on the job.
28. Falsely reporting illness or injury, or otherwise attempting to deceive any official of the city
as to a health or medir.;at condition.
29• Engaging In unbecoming conduct, either on or off duty.
30. Employees may be disciplined, up to and including discharge, for conduct which occurs
outside regularly scheduled working hours, if such conduct affects the employee's ability to
work for the City, or if it places the City Council, City Administration, or the City's reputation
in a negatively V*swed position. An example which might be considered a negatively viewed
position is arrest or conviction for a criminal or civil offense which jeopardizes the citizen's
trust or confidence In an employee'R ability to perform hls or her job duties and responsibili-
ties.
V. DISCIPLINARY PROCESS
The following disciplinary process outlined balow may be applied to an employees whose performance
of dutier or personal conduct is unsatisfactory. The policy of progressive disrip^ne shall in no wa,F
prevent the supervisor !rom taking appropriate disciplinary action when the severity of the violation's)
warrants such action. 1 he following ive intended tc be descriptive and serve only as a guide ti the
types of disciplinary responses which may be appropriata. This Eating is not intended to be exhaustive
or ex :lusive-
u
r
/•Ger,od Na.
Agenda Ilem
Date PAGE -70110
POLICY/ADMINISTRATIVE-PROCEDURE/ADMINISTRATIVE DIRECTIVE IContinuodl
TITLE:
13EFERE14CE NUMBER:
DISCIPLINARY ACTION
109.01
A. Reprimands
1. Oral Reprimand.
a. The supervisor shall discuss the situation with the employee In private and make every
effort to discover the reason(s) for the employee's performance and advise the employee
0 the necessary changes In his or her behavior to correct the problem.
b. A report concerning the discussion and specific actions and agreements to correct the
problem will be prepared by the supervisor for inclusion in the employee's department or
division personnel file.
c. The report will remain In the department or division personnel file unless the report Is
needed to substantiate subg3quent disciplinary action.
2. Written Reprimand,
a. Any supervisor In the employee's chain of coma land may Issue a subordinate employee
a written reprimand. In the event that the reprimand 11 issued by someone other than the
employee's direct supervisor, a report of such ;coon shall be made to the direct
supervisor. The written iep,;mend maybe Issued when the employee has demonstrated
an inability to perform his or her job duties, or has had more than two absences or minor
personal conduct problems. An employee who demonstrates significant inability to
Worm hl; k r her duties or a serious personal conduct problem may be issued a written
reprimand without 1• wing been Issued an oral reprimand or having discussed the problem
with his or her supervisor. It Is recommended that a written reminder or reprimand
include the following information:
1. The reason for the reprimand, Including previous oral reprimands or informal
discussion for the same or other violations.
2. The effective date or dates of the reprimand,
3. The specific change In behavior expected by the supervisor.
4. The time frame allowed for improvement to occur.
b. A copy of the report shall be fo•warded immediately to the employee's official file in the
Human Resources Department, the supervisor's immediate superior and the employee.
S. Disciplinary Progress Period
1. D
problem and the sever;:y of the ifferences in the nature of the work unit, type of work performed, the type of performance
disciplinary actions be available that pe responsive to both organization
s oft he employeleseand
the needs of the organization.
Agenda No.
Agenda It m
Date ^
PACE 8_07 i 0
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued)
TITLE:
REFERENCE NUMBER:
DISCIPLINARY ACTION 109.01
2. When the job performance of an employee falls below the acceptable level, supervisors should
point out deficiencies to the employee at the time they are observed. An employee who
continues to perform below the acceptable level may be placed on a formal program designed
to improve performance. The supervisor should cor lmunicate this to the employee orally and
by presenting him with a memorandum including the following:
a. The specific deficiencies observed in the employee's performance of duties.
b. The actions necessary to bring about Improvement.
c. The period of time in which improvement must occur.
d. The speciflc dates and times during this period at which the supervisor shall meet with
the employee anc discuss his or her progress in improving his or her performance.
e. What further action will result if the employee fails to show satisfactory improvement.
1 he memorandum should b3 signed by both the employee and the supervisor. The employee
should understand that his or her signature indicates receipt of the document only, not
necessarily acceptance of its contents. If the employee refuses to sign, the supervisor should
have a witness sign that a copy was given to the employee. The original memorandum shall
be maintained within the department, a copy given to the employee and one placed in the
employee's permanent personnel file maintained in the Human Resources Department.
3. If an employee foils to demonstrate the necessary improvement as required In the
memorandum upon completion of the disciplinary progress period, the supervisor may
reassign, demote or dismiss the employee.
4. If an employee demonstrates sufficient improvement as required in the program, the
supervisor will discuss the improvements with the employee and monitor the employee's
performance.
5. Nothing shall preclude a supervisor from proposing disciplinary action when an employee
commits an act of serious personal misconduct even though the employee is completing a
disciplinary progress period.
C. Suspension Without Pay
1. A supervisor may recommend a suspension without pay for up to 30 days. In determining
the length of the suspension, the supervisor should consider the nature and severity of the
conduct, impact on the organization and previous disciplinary actions. No disciplinary
suspensior, or combination of suspension will exceed 30 working d9ys in a 12-month periou.
All proposed suspensions without pay will require the approval of the Director of the Human
Resources or his or her designee. Employees classified as exempt under the Faif Labor
Standards Act should not be suspended for less than one week.
a
r.
Agenda Na._
Agenda Item
nas~_1.~--~?3 9(n PAGE 9 OF 10
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued)
TITLE:
REFERENCE NUMBER:
DISCIPLINARY ACTION
109.01
2. Before an employee is suspended, notice of the proposed disciplinary action shall be given to
the employee. The employee may respond to the supervisor proposing the suspension within
two (2) working days. While the response may be in oral or written form, the supervisor shall
ensure that a face-to-face meeting with the employee occurs to review 1`e response, giving
the employee the opportunity to present facts on his or her behalf. After such response is
made, the supervisor shall consider the response and render a written decision to the
employee.
3. If the employee chooses not to respond, the suspension will become effective when the
emDloyse si£ ns a waiver form and submits it to his or her supervisor.
4. If the employee fails to respond, he or she will suspended without pay on the next day
following the expiration of two (2) working days from the date of service of the notice of
disciplinary action or as soon thereafter as determined convenient for the Department by the
supervisor ar: as approved by the Director of Human Resourceb or his or her designee.
5. In the event the empio;ae choosee to respond, and after reviewing the testimony and
evidence presented by the employee, the supervisor decides the proposed suspension remains
appropriate, the employee shall be suspended without pay.
6. An employee who is suspended may request a hearing to review the action in accordance
with the Disciplinary Review Hearing Policy 109.03, even if he or she did not choose to
respond to the proposed action.
D. Dismissal
1. A supervisor may propose that the employee be dismissed from employment with the City of
Denton. A supervisor proposing a dismissal must provide clear, specific and detailed
justification for an action of dismissal. Ail dismissals will have the approval of the Director
of Human Resources. All dismissals will afford the employee an opportunity to respond as
outlined in these procedures. The supervisor will provide documentation of the conduct
leading to the recommendation for dismissal.
2. The employee shall be given written notice of a proposed dismissal. It shall be sufficient that
the notice set forth in general terms the reasons for the proposed dismissal. The employee
may respond to the supervisor proposing the dismissal within two 121 working days. While
the response may be in oral or written form, the supervisor shall ensure that a face-to-face
meeting with the employee occurs to review the response, giving the employee the
opportunity to present facts in his or her behalf. After such response is made, the supervisor
shall consider the response and lender a writter dec~sion to the employee.
3. If the employee chooses not to respond, the dismissal will become effective when the
employee signs a waiver form and submits it to his or her supervisor.
4. If the employee fails to respond, he will be dismissed at the expiration of tKo (2) working
days from the date of service of the notice of proposed dismissal.
a
Agenda No.!3L 01 ~
Aflendr[to
`
Date ^ PAGE 100 ~ 10
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued)
TITLE: REFERENCE NUMBER:
DISCIPLINARY ACTION 109.01
5. In the event the emplo too chooses to respond, and after reviewing the testimony and
evidence presented by the employee, the supervisor decides the proposed dismissal remains
r appropriate, the employee srall be di!;nissed.
6. An employee who is dismissed r iay request a hearing to revrew the action in accordance with
the Disciplinary Review Hearin; Policy 109.03, even if he or she did not respond to the
proposed action.
7. Upon the concurrent approval of the City Manager and City Attorney, after consultation with
the Director of Human Resources, the City Manager may deviate from any or all of these
procedures and summarily dismiss any employee at any time for at q reason or for no reason,
.Ath or without a hearing.
VI. TEMPORARY, SEASONAL AND PR09ATIONARY EMPLOYEES
A. Except as provided in Section V of Policy 109.03, a probationary, temporary or seasonal eml. oyes
may be disciplined or lismissed for any reason or for no reason without being afforded a hearing.
Y
1
~~yunlia No
Agenda Ite
CITY OF DENTON Date
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE PAGE of 5
SECTION-
REFERENCE NUMBER:
HUMAN RESOURCES
109.03
SUBJECT:
EFFECTIVE DATE:
DISCIPLINE AND SEPARATION POLICIES
00100.+96
TITLE:
REPLACES:
DISCIPLINARY REVIEW HEARING
04/19/88
POLICY STATEMENT:
It Is the Policy of the City of Denton to give individual employees an opportunity for a hearing regarding
disciplinary dismissal, disciplinary suspensions or demotions. Disciplinary review hearings are designed to be
heard according to prescribed guidelines as a : forth in the following Procedures. The disciplinary review hearing
process is designed to afford the employee a responsive forum to guard against biased or arbitrary decisions,
and to provide a forum for a name clearing hearing; however, nothing in this policy shall be construed as a grant
to any employee of a property right in tenured public employment. All employees are employed strictly on an
at-will basis.
Those employees governed by the provisions of Chapter 143 of the Taxar Local Go4ernment Code, the City
Manager, City Attorney, Municipal Judge, Assistant Judges, persons employed by a written contract signed by
the City Manager, probationary, temporary and seasonal employees shell be exempted from the application of
this policy, unless specifically stated otherwise herein. However, an opportunity for a response and hearing shell
be afforded such employees when the conduct charged has been publicized to the extent that the reputation of
the employee is brought into dispute or the conduct charged constitutes the exercise of a constitutional right.
ADMINISTRATIVE PROCEDURES:
i. GENERAL DISCIPLINARY REVIEW HEARING INFORMATION
A. Since it is Important that disciplinary review hearings be resolved as rapidly as possible, time limits,
as set out In the following paragraphs, shall be considered a maximum and every effort shall be
made to expedite the process. However, the limits may be extended or shortened at any or all
steps if both parties agree in writing. In the event either party cannot agree, the Director of
Human Resources shall have the discretion to shorten or extend the time limits. In the event the
last day of a time limit falls on a weekend or a City holiday, the time limit shall include th3 next
working day. In all Instances, consecutive working days will be counted (excluding Saturday,
Sunday, and City holidaysi in arriving at the length of the time interval. Under no circumstances
shall any failure to most any time limit affect the validity or finality of event for which a hearing
Is sought.
B. A disciplinary review hearing not responded to within the time limits prescribed by the appropriate
representative at each step shall be considered a violation of this policy for which the representa-
tive may be subject to disciplinary action.
C. All requests for disciplinary review hearings must be in writing on forms provided by the Human
Resources Department, and must be filed with the Human Resources Department. An employee
M
.ii
T
r,~enda No.~
AGenda Item
Date PAGE 2 OF 5
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued)
TITLE:
REFERENCE NUMBER:
DISCIPLINARY REVIEW HEARING 109,03
shall choose whether he or she desires to pursue an informal formal disciplinary review hearing
process and shall indicate his or her choice on the form. All decisions rendered in response to
disciplinary review hearings must be in writing to the employee, either in memorandum or letter
format.
D. An employee who requests a disciplinary review hearing must inform the Human Resources
Department In writing of his or her correct mailing address and telephone number. Failure to
provide current mailing address and telephone information may result in administrative closure of
the disciplinary review hearing.
E. An employee who perceives that he or she has been coerced or forced to resign at any time any
investigative action or any administrative action is taken or pending may request a disciplinary
review hearing as provided for herein.
II. INFORMAL HEARING PROCESS
A. An employee who has been demoted, suspended or dismissed may request an informal hearing
to be conducted by the Director of the employee's department. If the director played a role In the
disciplinary action proposed, the Director of Human Resources or Human Resources designee will
assign a hearing officer to the informal hearing. This officer will normally be the director's
supervisor or another director or executive director. A director shall be presumed to have played
a role In the disciplinary action if he or she:
I
1. Discussed the details of &e proposed disciplinary action with the employee or any
supervisor In the chain of command;
2. Approved the disciplinary action; or
3. Personally Imposed the disciplinary actlo,t.
Nothing shall prevent a director from acting as the hearing officer for an employee's hearing if he
or she has merely been informed of tf a type of disciplinary action Imposed against the employee.
S. The employee must make the request for the Informal hearing in writing within 10 days after
receiving notification of sn action taken. The written request must set forth the specific 1 Jasons
why the employee feels the action is not justified.
C. The employee shall waive a format hearing.
D. A decision will be rendered by the manager hearing the informal hearing and communicated to the
employee in writing within 30 days of the employee's request for an informal hearing.
E. The decision of the manager conducting the informal hearing shall be final.
s
f
i
r
F
r,
Agenda No. 9L
Agenda jig
Date ^
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE 1Conttnued►E~OF;
TITLE:
REFERENCE NUMBER:
DISCIPLINARY REVIEW HEARING
109.03
F. As all employees are employed strictly on an at-will basis, and no contractual rights are implicated,
no particular burden of proof need be met to sustain a termination or disciplinary sanction.
tll. FORMAL HEARING PROCESS
A. An employee who has been demoted, suspended or dismissed may request a formal hearing to be
conducted by the director of the employee's department. If the director played a role in the
disciplinary action proposed, the Director of Human Resources or designee will assign a hearing
officer to the formal hearing. This officer will normally be the director's supervisor or another
director or executive director. A director shall be presumed to have played a role in the disciplinary
action if he or she:
1. Discussed the details of the proposed disciplinary action with the employee or any
supervisor in the chain of command;
2. Approved the disciplinary action; or
3. Personalty imposed the disciplinary action.
Nothing shall prevent a director from acting as the hearing officer for an employee's formal hearing
if he or she has merely been informed of the type of disciplinary action imposod against the
employee,
B. A formal hearing is a structured, procedural hearing requiring City representatives to present
evidence, Introduce witnesses, and prove facts to support justification of the action taken against
the employee. The employee or his or her representative may present evidence, introduce
witnesses and prove facts to support that the action is unjustified. Each parry is entitled to legal
representation. The formal hearing will be heard by a hearing officer according to guidelines
outlined in Section Vt.
C. The employee must make the request for the formal hearing to the Director of Human Resources
is writing within 10 days after receiving notification of an action taken. The written request must
set forth the specific reasons why the employee feels the action is not justified.
0. A decision will be rendered by the designated hearing officer and communicated to the employee
In writing within 30 days of the employee's request for a hearing.
E. The decision of the designated hearing officer will be final and the employee is not entitled to
further hearing,
F. As all employees are employed strictly on an at-will basis, and no contractual rights are implicated,
no particular burden of proof need be met to sustain c termination o, disciplinary sanction.
M
..f
61 61'9
Agenda No.
Agenda Item
Date PAGE 4 OF 5
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued)
TITLE: AEFERENCE NUMBER:
DISCIPLINARY REVIEW HEARING 109.03
T
IV. REMOVAL HEARINGS FOR OFFICERS AND DEPARTMENT HEADS:
A. As an alternative to the procedures otherwise allowed by this policy, officers and department
heads may request a hearing In the event of their removal as provided by Charter.
B. As all employees are employed strictly on an at-will basis, no particular burden of proof need be
met to sustain a termination,
C. Officers and department heeds may request a hearing pursuant to the provisions outlined in
Sections II and Ili relating to the Imposition of disc)olinary actions not constituting removal. rho
procedure for such a hearing is outlined In Section VI, below.
V. PROBATIONARY, TEMPORARY AND SEASONAL EMPLOYEES
A. Except as provided in Section B, below, a probationary, tempo ury or seasonal employee may be
suspended without pay, demoted, or dismissed without being afforded a disciplinary review
hearing.
B. If the conduct giving rise to the suspension, demotion, ordismissal falls within one of the following
categories, disciplinary review hearing procedures shall be afforded as provided in Sections 11 or
lit:
1. If the conduct constitutes the exercise of a constitutional right, and if the department
attempts to take an action against the employee for this activity. The department must
demonstrate that the exercise of the constitutional right has resulted in an impairment of the
efficiency of the City.
2. If it has been recommended that the employee be suspended, demoted or dismissed and the
conduit charged has been publicized to the extent that the good game, reputation, honor, or
integrity of the employee is brought into dispute. Examples Include, but are not limited to,
dishonesty, criminal activity, Immoral conduct or incompetency.
C. Among the purposes of affording disciplinary review hearings are to permit the temporary . r
seasonal employee to record for future employment any facts in mitigation of the alleged conduct,
or to refute or rebut public allegations concerning the conduct.
VI. HEARING PROCEDURE FOR FORMAL HEARINGS
A. Opening Statements
1. Employee gives brief summary of reason for appeal
2. Supervisor gives brief summary of reason for action
B. Presentation of Witnesses
1. Witnesses for employer make statements (may be in question and answer form narrative)
2. Hearing Officer asks questions, if any, of employer's witnesses
G
F
r
,+;~enaa No.~~ _
Agenda Item
Oate PAGE 5 OF 5
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued)
TITLE: REFERENCE NUMBER:
DISCIPLINARY REVIEW HEARING 109.03
3. Witnesscs for employee make statements (may be In question and snswer form or narrative)
4. Hearing Officer asks questions, if any of employer's witnesses
C. Closing Statements
1. Employer gives brief summary.
2. Employee gives brief summary,
D. Other Procedural Guidelines
1. No cross-examination of witnesses by the opposite party is permitted.
2. The Hearing Officer will exclude irrelevant meterial.
3. The Hearing Officer may ask questions as he/she thinks necessary.
4. The Hearing Officer may call witnesses if he/she believes necessary.
5. Upon conclusion of the hearing, the Hearing Officer shall make a written recommendation to
the City Manager. The City Manager shall be the final decision-maker.
S. All arrangements for hearing shall be coordinated by the Human Resources Department.
7. As all employees ere employed strictly on an at-will basis, and no contractual rights are
Implicated, no particular burden of proof need be met to sustain a termination or disciplinary
sanction.
E. Appointment of Hearing Officer
1. If employee is below Director level Hearing Officer shall be named by City Manager and
should be at Director Level or above.
2. If employee Is at Director level or above, then the City Manager shall serve as the Hearing
OfP cer. In the event that the hearing concerns the employee's removal, the employee may
instead request a hearing before the City Council as per Charter. Such a hearing before the
City Council is not constrained ty the stricture of this policy.
END
0 F
FILE
pi
b
ly{ .q i hh
E
w
1
CITY COUNCIL AGENDA PACKET
May 7, 1996
{
r
r
C
Agenda Ne.. -012-
AGENDA Agenda Item
CITY OF DENTON CITY COUNCIL Date 7--9 b
May 7, 1996
r' Closed Meeting of the City of Denton City Council on Tuesday, May
71 1996 at 5:45 p.m. in the Civil Defense Room of City Hall, 215 E.
McKinney, Denton, Texas, at which the following items will be
considered:
1. Closed Meeting:
A. Legal Matters Under TEX. GOVT CODE Sec. 551.071
B. Real Estate Under TEX. GOV'T CODE Sec. 551.072
1. Discuss possible acquisition of offsite drainage
easement at the intersection of Loop 288 and
Spencer Road.
2. Discuss the acquisition of property for expansion
of the City's landfill.
C. Personnel/Board Appointments Under TEX. GOVT rODE
Sec. 551.074
Regular Meeting of the City of Denton City council on Tuesday, May
71 1996 at 7:00 p.m. in the Council Chambers of City Hall, 215 E.
McKinney, Denton, Texas at which the following item3 will be
considered:
1. Pledges of Allegiance
A. U.S. Flag
B. Texas Flag
"Honor the Texas Flag - I pled3e allegiance to thee,
p Texas, o:ie and indivisible."
S 2. Consider approval of the minutes of February 6, 13, 20, and 27
and March 5, 19, 26, 27, and 29, 1996.
3. Citizens Reports
A. Receive a citizen report from Dessie Goodson regarding
general issues affecting the City of Denton.
B. Receive a citizen report from Susan Sims regarding the
killing of animals in residential areas.
i
C. Receive a citizen report from Frances cannon regarding
drainage on Spencer Road.
D. Receive a citizen report from Claude Cannon regarding
drainage on Spencer Roars.
4. Citizen Requests
A. Consider a request for an exception to the noise
ordinance for a wedding reception at the North Texas
State Fairgrounds on July 27, 1996 until 12:00 a.m.
i
ti
S
City of Denton City Council Agenda Agenda No. -
May 7, 1996 Agenda Item
Page 2 Date 197
5. Iece+ve and open bids regarding City of Denton Utility System
Revenue Bonds, Series 1996 and City of Denton Utility System
Revenue Refunding Bonds, Series 1996A.
6. Receive and open bids regarding City of Denton Certificates of
Obligation, Series 1996.
7. Receive and open bids regarding City of Denton General
Obligation Bonds, Series 1996.
8. Public Hearings
A. Hold a public hearing and consider adoption of an
ordinance to rezone 5.0 acres from the Agricultural (A)
zoning district to the Commercial Conditioned (C[c-A
zoning district. The subject property is located on the
west side of I-35, approximately 200 feet north of Rector
Road. (The Planning and zoning commission recommends
approval 6-0.)
B. Hold a public hearing and consider adoption of an
ordinance approving a detailed plan of 10.0 acres within
Planned Development No. 42. The site is located
approximately 1,800 feet north of Treatment Plant Road,
near the east ride of Mayhili Road. (The Planning and
Zoning Commission recommends approval 6-0.)
9. Variances
A. Consider a variance to Section 34-114 (17) (sidewalks) of
the Code of ordinances and a variance to Section 34-216
(e) [fire flow] for the proposed Wier Acres Addition,
located on the north side of Jim Christal Road, east of
Masch Branch Road. (The Planning and Zoning Commission
recommends approval 6-0.)
10. Consent Agenda
Each of these items is recommended by the Staff and approval
thereof will be strictly on the basis of the Staff recommendations.
Approval of the Consent Agenda authorizes the City Manager or his
designee to implement each item in accordance with the Staff
recommendations. The City Council has received background
information and has had an opportunity to raise questions regarding
these items prior to consideration.
Listed below are bids and purchase oruers to be approved for
payment under the Ordinance section of the agenda. Detailed back-
up information is attached to the ordinances (Agenda items li.A,
11.B, 11.C). This listing is provided on the Consent Agenda to
allow Council Members to discuss or withdraw an item prior to
approval of the G,nsent Agenda. A citizen may not speak or fill out
a "request to speak" form on an item on the Consent Agenda unless
the item is removed from the Consent Agenda. The speaker shall be
x
City of Denton City Council Agenda Agenda
May 7, 1996 Agenda Item
Page 3
Date
allowed to speak and the item shall then be considered before
approval of the Consent Agenda.
A. Bids and Purchase Orders:
1. Bid ,#1886 - Pressure Washer/Vacuum Truck
2. Bid 11894 - Triple-Gang Flail Mower
3. Bid 11390 - Willowwood Street Sidewalk
4. Check Requisition - Texas Natural Resources
conservation commission
B. Tax Refunds
1. Prudential Home Mortgage Company - $1,599.05
11. Consent Agenda Ordinances
A. Consider adoption of an ordinance accepting competitive
bids and awarding a contract for purchase of materials,
equipment, supplies or services. (7.A.1. - Bid 118861
7.A.2. - Bid 11894)
B. Consider adoption of an ordinance accepting competitive
bids and providing for the award of contracts for public
works or improvements. (7.A.3. - Bid 11890)
C. Consider adoption of an ordinance authorizir4 the
expenditure of funds for the purpose of payment by the
City for permit fees to Texas Natural Resources
Conservation Commission (TNRCC). (7.A.4.)
12. Ordinances
A. Consider adoption of an ordinance authorizing the
issuance, sale, and delivery of City of Denton Utility
System Revenue Bonds, Series 1996 and City of Denton
Utility System Revenue Refunding Bonds, Series 1996A, and
approving and authorizing instruments and procedures
relating thereto.
B. Consider adoption of an ordinance authorizing the
issuance, sale, and delivery of City of Denton General
Obligation Bonds, series 1996, levying the tax to pay
same, and approving and authorizing instruments and
procedures relating thereto.
C. Consider adoption of an ordinance authorizing the
issuance, sale, and delivery of City of Denton
Certificates of Obligation, Series 1996, and approving
and authorizing instruments and procedures relating
thereto.
Y
iQ =111~-
City of Denton City Council Agenda Agenda No.q
May 7, 1996 Agenda Item '
Pat< 4 S-
oats
D. Consider adoption of an ordinance authorizing the City
Manager to execute a contract between the City of Denton
and Jack A. Dobbs and Janice M. Dobbs for the purchase of
real property in accordance with the Capital Improvement
Program for drainage.
E. Consider adoption of an ordinance amending Ordinances 94-
37A and 96-059 by approving a corrected legal description
applicable to both.
F. Consider adoption of an ordinance authorizing the Mayor
to execute an agreement with the North Texas Education
and Training Co-op., Inc. to provide a Summer Youth
Program.
G. Consider adoption of an ordinance amending the schedules
of electric rates contained in ordinance Number 95-178 by
repealing the Thermal Storage Incentive (Schedule TS).
(The Public Utilities Board recommends approval.)
H. Consider adoption of an orW.nance authorizing the City
Manager to execute an agreement with the Texas Department
of Transportation for contribution of funds toward the
replacement of the bridge on North Hickory Creek at Jim
Christal Road; and authorizing the expenditure of funds.
1. Consider adoption of an ordinance authorizing the City
Manager to execute an agreement with the Texas Department
of Transportation for contribution of funds toward the
replacement of the bridge on Dry Fork Creek at Jim
Christal Road; and authorizing the expenditure of funds.
13. Resolutions
A. Consider approval of a resolution authorizing the City
Manager to amend City policies to provide for a model of
employment at will with respect to all employees, other
than those governed by Chapter 143 of the Texas Local
Government Code; authorizing the City Manager to offer
severance packages to new hires and incumbents in key
positions at tho director level and above, and to expend
funds as necessary in support of same; and approving
redrafts of Policies 1.00 and 104.02.
14. Consider nomination/appointment to the Development Policy
Committee and the Keep Denton Beautiful Board.
15. Consider adoption of an ordinance canvassing the returns and
declaring the results of the regular municipal election held
in the City of Denton on May 4, 1996.
16. Oath of Office administered to newly elected council Members.
17. Election of a Mayor Pro Tempore.
r
T
City of Denton City Council Agenda agenda No,
May 7, 1995 agenda Item
Page 5
Date ~--1--
18. Consider approval of a resolution of appreciation for Bob
Castleberry.
19. Miscellaneous matters from the City Manager.
A. Receive a report concerning latest honorees added to the
Wall of Honor.
20. Official Action on Closed Meeting Items:
A. Legal Matters
B. Real Estate
C. Personnel
D. Board Appointments
21. New Business
This item provides a section for Council Members to suggest
items for future agendas.
22. Possible Continuation of Closed Meeting:
A. Legal Matters Under TEX. GOVT CODE Sec. 551.071
C. Real Estate Under TEX. GOVT CODE Sec. 551.072
C. Personnel/Board Appointments Under TEX. GOVT CODE
Sec. 551.074
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 , 1996 at o'clock (a.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE
CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE
HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN
ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY
SECRETARY'S OFFICE AT 566-8309 OR USE TELECOMMUNICATIONS
DEVICES FOR THE DEAF (TDC) BY CALLING 1-800-RELAY-TX SO
THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH
THE CITY SECRETARY'S OFFICE.
ACCO0308
1
b
c
Agenda No;WO/
Agenda IDate
CITY OF DENrON CITY COUNCIL MINUTES
February 6, 1996
The Council convened into a Closed Meeting on Tuesday, February 6,
1996 at 5:15 p.m. in the Civil Defense Room.
PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members
Brock, Cott, Krueger, Miller and Young.
ABSENT: None
1. The Council convened into a Closed Meeting to discuss the
following:
A. Legal Matters Under TEX. GOVT CODE Sec. 551.071
1. Considered waiver of conflict for the lawfirm of
Canterbury, Stuber, Pratt, Elder & Gooch to
represent Sunmount in the lawsuit of Sunmount v.
ZAA-
2. Considered and discussed defense of and the
settlement of BPS Ventur s Inc , et al v City of
Denton and r7eber and_ Barnes v. City of Denton
pending in the 362nd District Court under section
551.071 of the open Meetings Act.
3. Considered settlement proposal inJwuchukwu v City
and Clark,
B. Real Estate Under TEX. GOVT CODE Sec. 551.072
C. Personnel/Board Appointments Ufidfr TEX. GOVT CODE
Sec. 551.074
1
The Council convened into a Work Session on Tuesday, February 6,
1996 at 6:00 p.m. in the City Council Chambers.
PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members
Brock, Cott, Krueger, Miller and Young
ABSENT: None
1. The Council received a report, held a discussion, and provided
direction regarding the Economic Development Transition Committee
recommendations.
Rick Svehla, Acting City Manaqer, stated that at the last Council
meeting, staff had been asked to provide additional back-up
information which was included in the agenda materials. There were
members of the Transition Committee present to answer any further
Council questions.
t
t
Ageada Not
AG,enda Iterw
City of Denton City Council Minutes Dile
February 6, 1996
Page 2
Council Member Miller stated that the Committee was recommending
the creation of a 4A corporation and establish an election date for
August 10th for a voter's decision. The corporation would be
established in the interim and the corporation would be the main
marketing for the proposition.
Harry Hall, Chair-Economic Development Transition Committee,
repliel correct.
Council Member Miller stated that currently the economic
development program was a partnership with the Chamber of Commerca.
He asked if the corporation, established with five members
appointed by the Council, would be acting with current funds.
Hall stated that there was probably a transition period and some of
those questions had not yet been answered. It was felt by the
Committee that by appointing the corporation there would be a
smoother transition between the City and Chamber of Commerce. The
contract between tb: City and the Chamber for funding continued
until September.
Council Member Miller felt it was necessary to be certain that a
new board was not developed which trould oversee what was already
being done. He had called the economic development individuals in
Allen, McKinney, Frisco, and Terrel: which had 4A corporations.
They all indicated that the corporations were functioning well and
if the thrust of increa3ing the tax base was for the creation of
jobs, it would be supported. He wanted to be sure tb3t the
recommendation of the Transition Committee was that the City not be
in the business of buying property unless nothing else would work. 1
The corporation would work with the people who owned and developed
the land for the purpose of creating industrial parks, etc.
Hall replied correct that it was not the intention of the
corporation to be in competition with private enterprise.
Biles motioned, Young seconded to direct the City Attorney and the
City Secretary to prepare an ordinance establishing August 10, 1996
as an election date for the consideration for the adoption of a 4A
economic development sales tax.
Mayor Castleberry stated that he wanted the citizens to know
exactly what was being done as well as the media. He asked for
another explanation of why a 4A corporation was chosen over a 4B
corporation.
Hall stated that a 4A corporation was very specific driven to
economic development in the community whereas 4B was morn site
4
r:' T
F
Agenda No..L~~
Agenda Item
City of Denton City Council Minutes Date
February 6, 1996
Page 3
' specific such as a sports complex. The primarir titrust for Denton
should be increasing the tax base and to create jobs.
Council Member Bruck asked if `he Transition Committee had
considered a lesser amount than the h cent sales tax. This would
be the maximum for the City on sales tax.
Hall stated that the Committee looked at lesser amounts and at
combinations of 4A and 4B. It was felt that it would take this
amount of money to put Denton in direct competition with other area
cities.
Council Member Krueger stated that if the half cent sales tax
passed and if an economic tax base was successfully developed, the
half cent sales tax could later be repealed.
Hall stated that under the 4A corporation there were provisions for
a repeal but were none under a 4B corporation.
Mayor Pro Tem Biles stated for clarification that his motion was
for a half cent sales tax.
On roll vote to direct the City Attorney and City Secretary to
prepare an ordinance and take steps to establish August 10, 1996 as
an election date for consideration for the adoption of a one-half
cent 4A economic development sales tax, Miller "aye", Young "aye",
Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor
Castleberry "aye". Motion carried unanimously.
Young motioned, Co`,•t seconded to form a.* economic development
corporation composed of five members to be appointed by the City
Council.
Council Member Miller asked if the Transition Committee was
recommending that the 4A corporation be formed at this point in
time.
Hall replied correct.
Council Member Brock asked if the Committee had discussed the
creation of a brand image.
Hall stated that that would be one item addressed as an economic
development corporation. There was a strong feeling on the
Committee that in order to move forward, many of the decisions
which needed to be made on economic development should be madr.' by
the actual corporation as opposed to the Transition Committee.
!J'JS
Agenda No.
Agenda Item.A-l n
City of Denton city council Minutes Date CC-'1~ Q
February 6, 1996
Page 4
Council Member Brock asked if the Committee had a perception of
team effort and who were the involved parties.
Hall stated that the parties involved would be the City, the
Economic Development Corporation ar.d the Chamber of Commerce.
Mayor Pro Tem Biles stated that a number of the members of the
Economic Development Transition Committee had expressed a concern
with the title of the committee,
to the motion that the corporation beonamed the iDentonaEconomic
Development Corporation and that the Committee begin using that
title.
Council Members Young and Cott agreed to the change in their motion
and second.
B o oll'a te, Miller "aye", "aye, Young "aye", Cott 'laye", Krueger "aye",
carried unani ously, and Mayor Castleberry "aye". Motion
The Council convened into a Regular Meeting on Tuesday, February 6,
1996 at 7:00 p.m. In the Council Chambers.
PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members
Brock, Cott, Krueger, Miller and Young.
ABSENT: None
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of
Allegiance.
Mayor Castleberry presented the following proclamations:
American Heart Month
Kindness Week
The Council considered Agenda Item 13.
3. The Council considered approval of a Resolution of
Appreciation for Gene R. Green.
The following resolution was considered:
NO. RA96-001
RESOLUTION OF APPRECIATION FOR GENE R. GREEN
G
s
t
h
~Aei~da Ho.
City of Denton City Council Minutes Agenda Item
February 6, 1996 pate
Page 5
Miller motioned, Brock seconded to approve the resolution. on roll
vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock
"aye", Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
Mayor Castleberry presented the following yard of the Month Awards:
'"otal Petroleum
Vince and Becky King
Craig and Jo Lorraine Thomas
Angel Feathers
1. The CounciJ considered approval of the minutes of September
190 1995, September 26, 1995 and October 3, 1995.
Biles motioned, !mock seconded to approve the minutes as presented.
on roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye",
Brock "aye", Biles "aye", and Mayor Castleberry "aye"Motion
carried unanimously.
4• Citizen Reports
A. The Council received a citizen report from Willi?
Hudspeth regarding meeting times for the City's Boards and
Commissions.
Mr. Hudspeth stated that he started this discussion in December and
originally wanted to ask Council to look at the times that the ons
met in the/m ettngs. He also hadaanotheriissue he wanted to address to
the Council. But he had been told that he did not have that right.
At the last meeting, three Council Members indicated that he should
not feel disenfranchised and that Council was following the rules.
He was embarrassed and made to feel like his information was
incorrect. He since visited with the City Attorney for
clarification on what the City Attorney read during the last
meeting. There were two issues relative to this discussion. The
Agenda Committee selectively decided that he would not be able to
speak in the manner he interpreted. Section 6.4 stated that any
person who wished to place a subject on the Council agenda at
regular city Council meetings, shall advise the City Manager's
office of that fact no later than 5:00 p.m. W,dnesday prior to the
council meeting. Any person who wished to address the City Council
at a public hearing shall complete a Request to Speak form and
raturn it to the City Secretary before the appropriate hearing.
The Mayor would call lpon the citizen to speak for no longer than
five minutes. The procedures did not indicate that an Agenda
Committee would rule whether he could or could not speak. His
1Y
I~
Agenda No, W -,0f 9
City of Denton City Council Minutes Agenda Ite
February 6, 1996 Date • '1 -
Page 7
Brock motioned, Biles seconded to adopt the ordinance. on roll
"aye, Miller 'aye's, Young "aye", Cott "aye", Krueger "aye", Brock
unanimously, y and Mayor Castle.1, "aye". Motion carried
B. The Council mield a public hearing and considered adoption
of an ordinance providing for a change from office (0) and Planned
Development (PD-57) zoning district classifications and use
designations to a new Planned Development
classification and use designation fora 1,059 zoninstrict
Dacre tractdlocated
in the northeast corner of the intersection of Carroll Boulevard
and Fort Worth Drive; approving a development plan for the
district. (The Planning and Zoning Commission recommended approval
7-0.)
Frank Robbins, Director of Planning and Development, stated that
several policies of the Denton Development Plan were applicable to
this planned development. One was that there was a site plan
requirement/standard which had been met. The landscaping iar
exceeded what was required. There was no opposition to this
application.
The Mayor opened the public hearing.
Tom Galbreath stated that he zepresented the developers of the
property. This proposal would be an eight bay car wash facility,
originally the proposal was for a much more intense use with a gas {
station and convenience store but it was scaled down to the car
wash facility. He reviewed the site plan for Council
consideration.
Council Member Brock asked if there would be a new curb cut on
Carroll Blvd. Many years ago an office building to the north was
zoned and that development was required to have a shared drive due
to a concern about the number of curb cuts on Carroll. She was
interested in kee.iing Carroll Blvd. without many curb cuts. Was it
possible to come across Carroll from the southbound lane into the
proposed facility.
Galbreath replied no that there was a raised median at that
.location.
Council Member Brock stated that inUividuals would have to enter
from Myrtle Street and would have to go north if they existed on
Carroll.
Galbreath stated that they could enter from Carroll also. H-
understood the concern about curb cuts on Carroll but given t j
1
yY
Agenda
City Of Denton city Council Minutes Agendallrm__
February 6, 1996 Date Page 6
Point was that he would follow the rules but would not be kept from
having his say. That was his right as a citizen.
Mayor Castleberry stated that the Agenda Committee did not prevent
him from apeaking. Mr. Hudspeth had been on the agenda several
times and was not present to speak. Mr. Hudspeth had never been
prevented to speak by the Agenda Committee.
5• Public Hearings
A. The Council held a public hearing and considered adoption
of an ordinance providing for a change from the single Gamily
residential (SF-7) zoning district classification and uze
designation to the office conditioned, O(c) zoning district
classification and use designation for 0.155 acres of land located
at 1413 East McKinney Street. (The Planning and Zoning commission
recommended approval, 5-0,)
Frank Robbins, Director for Planning and Development, stated that
this was a narrow office conditioned district which only allotted
office/ administrative/ professional uses. Other conditions
associated with the proposal included a size limit, a two-story
height limit and if the current home ware used, certain landscaping
conditions came into play. There was no written opposition to the
proposal.
The Mayor opened the public hearing. s the thei current aresider,teshe She was property
proposed,
to the conditi conditions use
The Mayor closed the public hearing.
The following ordinance was considzred:
NO. 96-022
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM THE SINGLE FAMILY RESIDENTIAL (SF-7) ZONING
DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE OFFICE
CONDITIONED (O[cj) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR 0.155 ACRES OF LAND LOCATED AT 1413 -'AST
MCKINNEY STREET; PROVIDING FO: A PENALTY IN THE MAXIMUM AMOUNT
OF $20000.00 FOP, VIOLATIONS THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.