HomeMy WebLinkAbout08-11-1998
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City Council Agenda Packet
August 11, 1998
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AGENDA
CITY OF DENTON CITY COUNCIL Aptnda Item.
August 11, 1998 [late -._a -4f7//-
After determining Il,at a quorum is present and convening in an open meeting, the City Council
will convene in a closed meeting of the City of Denton City Council on Tuesday, August It,
1998 at 5:15 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney, Denton, `
Texas at which the following items will be considered:
I. Closed Meeting:
A. Conference with Employees - Under TEX. GOVT. CODE Sec. 551.075, The
Council may receive informatic vm employees during a staff conference or
briefmb, but may not deliberele during the conference.
ANY FINAL ACTION, DECISION, VI VOTE ON A MATTER DELIBERATED IN A
CLOSED MEETING OR ON INFORMATION RECEIVED IN A CONFERENCE WITH
EMPLOYEES WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN
COMPLIANCE WITH TEX. GOV'T. CODE CH, 551. THE CITY COUNCIL RESLRVES
THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS
AUTHORIZED BY TEX, GOV'T. CODE SEC. 551.001, ET SEQ. (TEXAS OPEN MEETINGS
ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A
CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS
NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT,
INCLUDING, WITHOUT LIMITATION SECTIONS 551.071-551.085 OF THE OPEN
MEETINGS ACT.
Ws,rk Sess:r n of the Cit) of Denton City Council on Tuesday, August 11, 1998 at 6:00 p.m. in
the Council Work Sessiuu Room at City Hall, 215 E. McKinney, Denton, Texas at which the `
following items will be considered:
NOTE: A Work Session is used to explore matters of interest to one or a wre City Council
Members or the City Manager for the purpose of giving staff direction into whether or not such
matters should be placed on a future regular or special meeting of the Council for citizen input,
City Council deliberation and formal City action. At a Work Session, tf a City Council generally
receives informal and preliminary reports and information from City stall, officials, members of
City committees, and the individual or organization proposing council action, if invited by City
Council or City Manager to participate in the session, Participation by individuals and members
A of organizations invited to spcah ceases when the Mayor announces the session is being closed to
public input. Although Work Sessions are public mcrnngt, and citizens have a legal right to
attend, they are not public hearings, so citizcrs are not allowed to participate in the session
unless invited to do so by the Mayor. Any citizen may supply to the City Council, prior to the
beginning of the session, a written report regarding the citizen's opinion on the matter being
explored. Should the Council direct the matter be placed en a gular meeting agenda, the staff
will generally prepare a final report defining the proposed :^tion, which will be made available
to all citizens p :or to the regular meeting at which citizen input is sough?. The purpose of this Q A
procedure is to allow citizens attending the regular meeting the oprurlunity to hear the views of
their fellow citizens without having to attend two meetings.
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1 • Receive a report, hold a discussion, and give staff direction regarding the draft interim
Corridor Ordinance.
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City of Denton City Council Agenda
August 11, 1998
Page 2
2. Receive a report, hold a discussion, and give staff direction regarding the Comprehensive
Plan Schedule and Work Plan.
3. Hol3 a discussion and obtain input on possible affordable housing exemptions to the
water/wastewater treatment impact fee.
4. Receive a report, hold a discussion, and give staff direction regarding an ordinance
authorizing the Mayor to execute a tax abatement agreement with United Copper
Industries, Inc., setting forth all the required terms of the tax abatement agreement in
accordance with the terms of Chapter 312 of the Texas Tax Code; setting forth the
various conditions precedent to United Copper receiving the tax abatement, authorizing
the Mayor to execute an agreement with United Copper Industries to provide electric
service for a minimum period of five years; providing for a severability clause; and
providing an effective date.
5. Receive a report, hold a discussion, and give staff direction concerning an application
form for requesting a franchise for cable television service and establishing the amount of
a non-refundable application fee. (Nonex Telcom, L.L.C.)
6. Receive a report, hold a discussion, and give staff direction regarding the 1998-99
proposed budget
Following the completion of the Work Session, the Council will convene into a Special Called
Session to consider the following:
1. Consider m minations/appointments to the City's Boards and Commirsions,
CERTIFICATE
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the
Crsy of Denton, Texas, on the day of 1998 at o'clock
(a m.)(P.m.)
,s
CITY SECRETARY
NOTE; THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM IS
• ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACL • •
THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING
IS sMPA1RED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED
MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349.8309 OR USE
TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1.800-
RELAY-TX SO THAT A SIGN LANGUAGE INTERPI(ETER CAN BE SCHEDULED I`
THROUGH THE CITY SECRETARY'S OFFICE.
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AGENDA INFORMATION SHEET Ap fl&IMrtt---,#iw
AGENDA DATE: August it", 199E
DEPARTMENT: Planning and Development Department
CM/DCM/ACM: Rick Svehle
SME
Receive a report, hold a discussion, and give instructions to staff regarding the draft interim Corridor
Ordinance.
BACKGROUND
Following several meetings and an August 0, 1998 public hearing, Council members have reserved
the time to review the graft Corridors Ordinance, discuss the comments received, Identify any revisions
that may be necessary, and determine the appropriate schedule for future review.
A revised draft ordinance has not been prepared by staff. Instead, several issues have been raised,
including the basic approach used to achieve Corridor objectives. The issues raised are identified
below, followed by several options that Council members may want to consider, After Council
decides how the issues should be resolved, staff will then proceed to revise the draft ordinance
accordingly.
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A Chamber of Commerce committee and city staff members have discussed the Issues Identified in this
report. A number of situation specific problems have been cited to demonstrate the problems
encountered when unique site features cannot be treated flexib A different interim approach,
mentioned during the public hearing and again at the August S Chamber meeting, could be explored
as an alternative approach to the current "One size fits all" draft ordinance. Site review based on
predetermined guidelines would allow consideration of individual property features, provide hardship
relief through negotiation, and visual impacts influenced by topography. This and other options are
discussed in the next section.
Although tiffany ideas and concerns were discussed with the Chamber committee, this report does not
represent the views of the Chamber of Commerce membcrahip. A copy of this staff report ivill be
forwarded to the Chamber, and the committee may prepare a separate response for Council
consideration.
ISSUES FOR DISCUSSIOy
The draft Corridors Ordinance is evaluated on two levels in this section:
eycl M I: General Apgrunch
The options available regarding the general approach to the Corridors ordinance will be presented, n
fdent4ying the major trade-offs. A major point of discussion thus far has centered on the problems that
are anticipated if the "one size f,is all" approach continues to be pursued. Some of the options appear
~ to be:
a.Si,a Plan Review: Prepare preliminary and general Corridors Viidelines for use during site
plan review, allowi, g flexibility and negotiation to take place on a site-by-site basis.
Property i'evelopmernt proposals within a designated corridor would be subject to City
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Council review and approval, in the form of a Planned D:velopmcat (Detailed PIsn or
Concept Plan with conditions) or conditioned zoning. Wait to develop final orJinance until
comprehensive plan is completed.
b. Postpone the ordinance until the comprehensive plan is completed.
c. Postpone the current citywide ordinance and prepare corridor-specific ordinance%once
corridor-specific Small Area Plans have been completed.
d. Revise the current version of the draft ordinance, reviewing each issue, evaluating
alternatives, and making changes as appropriate.
e. Drop the ordinance.
Site Pion Review (Item c. above) represents a di<tinctly different approach to Corridor protection that
is flexible, can be tailored to indiv idual and unique site features, and allows negotiation between City
Council and a developer. The drawbacks could be resistance to Council review if straight zoning has
already been approved for a parcel, and the additiunal review responsibilities would require extra staff
and Council resources. A map of the Corridors (attached) has been prepared that shows the extent of
Agricultural (Ag) zoning, PD zoning, and straight zoning, The probability that AG and PD zoned
parcels will be reviewed by City Council regardless of whether Corridor guidelines are applied is very
high; most Ag land is rezoned before it is developed, and PD Detailed Plans require City Council
approval under current law. As shown in Table 1 (below), an estimated 73% of the nearly 6,000 acres
of land located within designated corridors in zoned either PD or AS; the remaining 27% of the
properties within corridors possess "straight" zoning classifications other than AS, and can be
developed under current code without further City Council approval. SwTnotes that a majority of the Q
straight-zoned land is already developed, and could be grandfathered until such time that
reconstruction or significant expansion occurs.
TASLF 1. Zoning Categories of Land Located Within Designated Corridor
Designated y+ d U
y L. is
Corridor
Acres % Acres 4o Acres % Acres
1 3W _ d '9 _100/a 495 65% 38 3% 762
-35 N & E _ (3 185 11% 741 44 /0 6 4 % 1,68
• I.o~p 288 _ U 447 36°,10 310 25% 485 390/6 1,242
Hwy 389 F _ C3 5 -i% 466 86% 71 13% -142
Hwy 380 W Q 3 % 566 990/6 3 572
ff 77 E 19 13% 94 -316-74-016 1 9
FM 2164 (Locust) E 0 01/0 158 1001/0 0 00/0 158
STicrman Drive _ -E 7 1 /e 64 9th16 0 00/0 1
• E. McKinney St. E 9 I % 1 87% _ 1% ffr O •
FM 2181 (Teasley) _ E 14 S% 193 68% 77 27% 284
US 377 (Ft. W_on~i.) E 2 8 -i4b 0"/0 --I-ff 4 % 91
TOTAL 951 16% 3,367 57% 1,590 27% 5,908
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Level q2: Issue Details
The major issues of the current version of the ordinance are listed below, identifying the requirements
as dratted and discussing possible revision options. This level of analysis will benefit ongoing efforts
(provided the ordinance isn't dropped) because any specific ordinance provisions can strn::tured as
regulations pl guidelines, depending on the preferences of Council members. Because the Site Plan
Review Option represents a significantly different approach in meeting corridor objectives, separate
comments have been provided for consideration and review.
ISSUE #I: The ordiname review and adoption process is moving loo quickly,
CURRENT STAT1,1c: Formal action has been postponed by City Council
OPTIONS: Continue meetings with the Chamber committee, revise the ordinance, and conduct
additional public hearings for both P&Z and City Council; conduct public meetings throughout
the city to solicit additional public comment,
I[TELAN REVIEW OPTION: The ordinance would have to be rewritten and subjected to a
new public review process. The corridors would still be identified and designated; the
conditions under which proposed development would be subject to Council review would have
to be stipulated; and the regulations would have to be converted to a guidelines format.
ISSUE M2: Compliance requirements for expansions will be unfair to existing businesses.
CURRENT DRAFT: The ordinance applies to all properties at the time of building permit
application. Legal nonconforming uses must comply if reconstrection exceeds 50i'A, or if
expansion exceeds 25% of gross Floor area. Hardships would be evaluated through the f
variance process.
OPTION : Set applicability to some percentage of gross floor area expansions (i.e. - 21%,
50°io, etc.); or apply requirements only to new development and 100% reconstruction/change of
use.
SITE PLAN REVIEW OPT[QN Set a threshold at a certain percentage of er.pansion of gross
floor area; applicant could cite hardship during review and be granted immediate relief if
extenuating circumstances exist.
ISSUE M3: A. ive agricultural land uses and other land uses should be grarded exemptions,
CIJF.,"ENT DRAFT: Property zoned for single family residential uses and PD's with approved
deta led plans are exempt,
ON QN5: 11 would be prudent to exempt active agricultural or ranch operations from the
provisions of the ordinance.
SITE PLAN RE 1 1t1: The same exemptions should apply as noted above.
ISSUE, M4: The ordinance should not apply if only a portion or a property is inside the corridor.
CURRENT DRAFT: The ordinance applies to an entire proFcrty regardless of whether all or
pan of the property is located inside the corridor,
OPTIONS: Apply the regulations only to the portion of the property located within the
0 designated corridor.
5LI.E PLAN REVIEW OPTION The visual impact of a proposed development within a
~yF designated corridor can be evaluated based upon its individual merits and relative proximity to
the adtacent roadway.
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ISSUE 0: Some roadways should be emphasized while others should be deleted as corridors.
CURRENT DRAFT: All major state and federal thoroughfares connecting Denton to the
region and interstate :ravel are designated as corridors, Highways are designated as 1,000-feet
wide Gateways, and state highways are designated as 500-feet wide Entranceways.
OPTIONS: During the public hearing, the designation of E. McKinney was questioned; during
another meeting, staff was asked why Ft. Worth Drive wasn't emphasized and upgraded to
Gateway status, Council may want to reconsider some of the designations. Staff proposed the
initial set of thoroughfares based upon high traffic v,?ume.
SITE PLAN RFVIEW OPTION; The same considerations apply to the Corridor designations
regardless of the structure of the ordinance.
ISSUE 06: Landscape requirements within landscape setbacks cannot be met if all existing trees have
to be preserved and native vegetation must remain undisturbed.
CURRENT DRAFT: Within the landscape buffer, "native vegetation" must be undisturbed, all
trees must be preserved, and required landscape plantings must be planted in proportion to
percentage of site devoted to the buffer area.
OPTIONS: Develop a strectyard-type of approach (such as X number of trees per 100 linear
feet); eliminate references to, or define more clearly what is meant by "native vegetation"; or
eliminate all landscape requirements and allow the landscape ordinance to operate
independently.
SITE PLAN REVIEW OPTION; Set review guidelines to communicate the desire to integrate
landscaping as a component of the visible parts of the property and allow the applicant the I
( flexibility to demonstrate compliance through evaluation of all site features.
ISSUE. q7: The prohibition of parking within the required landscape buffer area is burdensome.
CURRENT DRAFT: Parking within the requi;ed 25-feet wide (Gateways) or 15-feet wide
(Entranceways) landscape setback is prohibited; driveway access is permitted, j
OPTION : Allow parking within the setback. If this happens, the setback requirement would 11
be weakened to the point that it should be eliminated.
SITE PLAN REVIEW OPTION; Guidelines could be developed to address offstreet parking
visibility with a designated corridor, The probable approach would be to expect a higher level
of landscaping in exchange for the opportunity to position parking spaces close to •he adjacent
corridor roadway.
ISSUE: NS; Requirements for architectural materials need to be reworked, especially with respect to
glass percentages.
• CURRENT DRAFT: Stone, cast stone, stucco, brick, limestone, granite, or similar materials
are required if visible form the corridor; maximum 10% "split face" concrete block. No more
than 5011a or less than 20% of the front fagade maybe comprised of glass. Maximum
reflectance of 2G°'o is required for all glass facing the corridor. Neon and fluorescent wall
colors are prohibited. Vertical and horizontal fagade variations are required. '
OPTI : Staff hav determined that "tilt wall" concrete would be a permitted material under
0 the current ordinance. Staff has indicated that the glass requirements should beeliminated d
except for the reflectivity standard, and the reference to "split face" concrete block should be
eliminated as well. Other changes could be made if Council provides further direction,
{ SITE PLAN REVIEW OPTION; The architectural requirements can be converted to
guidelines and evaluated on a case-by-case basis.
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ISSUE p9: Screening requirements for features that may not be visible from designated roadways are
very dift5c,.:it to interpret and should be better defined.
CURRENT DRAFT: Several types of site feature must be screened from any corridor views
without reference to distance. Items that must be screened include mxhanical equipment,
automotive service bays, loading docks, and un-gated dumpster enclosures.
OPTION•~: Establish a point of reference for screening requirements. A commonly used
approach ia'n require screening of specified items from the roadway section directly adjacent
to the subject property's frontage.
SITE PLAN REVIEW OPTION: Identify the site features that should be screened from view,
and assess the site plan's ability to achieve such a goal,
ISSUE M10: The Limited Visibility Uses list contains some land uses that should not be so severely
restricted within the corridors.
CURRENT DRAFT: Forty-two (42) land uses must be screened in entirety from corridor
views. Wails or vegetation, at least 8 feet in height, must be installed. The listed uses may not
be visible in any manner from the corridor or adjacent residential zones or uses.
OPTION : Staff' intended to provide an opportunity for property owners to demonstrate that
certain uses could be screened under the proper conditions rather than imposing outright
prohibition. A comment made at the public hearing contended that mobile homes should not be
single out and penalized. Staff notes that mobile home parks must be screened, but mobile
home sales are not on the list; this is a discrepancy that should be rectified. Some comments
were made that a list of prohibited uses should replace this section; this is a possibility. Staff
will review the revise the list of land uses if requested by Council members.
SITE PLAN REVIEW OPTION: A similar list would be generated, but the guidelines could be
adjusted to allow evaluation of any mitigation efforts proposed by the developed.
Advantageous use of topography to screen objectionable views could negate the reed for any
screening at all.
ISSUE #1 1: The display of merchandise should be defined and differentiated from outdoor storage
uses that must be screened.
CURRENT DRAFT: All business operations ar,d activities are required to be conducted within
an enclosed building. Several exemptions are identified: drive-ins, drive-through windows;
vehicles, trucks, construction equipment, or trailers displayed for sale; living materials such wi
Christmas trees, pumpkins, flowers, or landscape plants/trees.
OPTION : Definitions of the terms "merchandise for display" and "outdoor storage" can be
defined. A complaint mentioned during the public hewing was voiced by the Wr?-Mart
representative, saying that regularly scheduled seasonal sales conducted in the parking lot
would be prohibited under the draft ordinance. Short-term sales events coule. be defined and
exempted if Council feels such a revision Is reasonable.
SITE PLAN REVIEW OPTION: Guidelines would be needed to establish evaluation criteria
for this issue, but sufficient flexibility could be maintained to consider all types of unique or
unusual display requests.
ISSU F. N12: The retroactive landscaping requirements should bedropped from the ordinance. 0
CURRENT DRAFT: All properties within designated corridors must comply with perimeter
{ parking lot landscaping requirements by the year 2003, with an appeals process that could
allow extensions to the year 2008.
OPTIQ 1S: This provision could and should be deleted.
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{ SITE PLAN REVIEW OPTION: There would be no retroactive landscape provision.
Plantings introduced in adjacent rights-of-way could be a possible alternative to req'iirementa
imposed on existing businesses that do not expand to the extent that rite plan review would be
triggered. Several comments at the public hearing 94.,! that the city participate in efforts
geared toward improving the aesthetics of the corridor.. "
ISSUE k13: Corridor regulations should be tailored to different typt:3 of land uses.
CURRENT DRAFT: The ordinance does not distinguish between land uses, except for the
identification of land uses that must be screened from condor views.
OPTIONS: A different system could be devised, dividing land uses into major categories such
as retail, office, industrial, warehousing/distribution, etc. Such a change would be Sig-lifirant
and require several weeks for proper development,
SITE PLAN REVIEW OPTION: General guidelines can be devised to allow flexible
consideration of different land use characteristics.
ISSUE 014: Signage tequirements need to be better understood.
CURRENT DRAFT: A sign district is required for any property with more than 300 feet of
Conti ,jous corridor frontage.
OPTIONS: Delete the provision. The only difference between the draft Corridors ordinance
and die existing sign ordinance is that a sign district is optional in the sign ordinance. There are
no other additional signage requirements in the draft. A sign district is a type of "PD" for
signs, allowing design and siting flexibility when several signs might be anticipated, for the
purpose of allowing deviations from strict adherence of the sign regulations if a public benefit
( can be realized.
SITE PLAN REVIEW OPTION: Proposed signage should be reviewed to dr,ermine
consistency with existing regulations.
ISSUE q15: Small sires could be severely impacted or even rendered useless by strict application of
the landscape buffer requirement.
CURRENT DRAB: The draft makes no allowances for small sites that could be adversely
affected by the proposed landscape setback, Hardship relief is provided through the vari arce
process.
OPTIONS: A maximum percentage of total site area devoted to landscape setback could to
established but staff suspects that very few properties would have any troubl,: meeting corr;dor
requirements if they can meet the 20% open space requirement contained in the landscape
ordinance.
SITE PLAN REVIEW OPTION: If a disproportionate share of the site would be devoted to the
landscape setback (the site would have to be unusually narrow with a long frontage, or of
unusual shape and/or located at the intersection of two corridors), the Council would be able to
provide immediate relief to the property owner,
The fiAccn issues identified in this report may not address all of the questions or concerns that Council
O may want to pursue. The Chamber of Commerce may add additional comments that raise other 0 A
concerns as well. Staff %ill conduct additional research as directed by Council
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ESTIMATED SCHEDULE OF PROJECT
Staff has prepared several options for Council consideration this, could sign;ficantly impact the
schedule for ordinance adcption and effeuive date. Staff is prepared to proceed as instructed during
the August 11i' Work Session. P&Z Commissioners will receive this staff report as back-uo for their +
August 12'", 1998 regular meeting.
RI VCTIONIREVIEW
In January 1998, the City Council directed staff to prepare a corridor ordinance to implement
iegulat ons to enhance and improve the appearance of corridors. A preliminary approach was
present-d to the City Council in a work session on April 286, 1998. Major roadways leading into and
through the City of Denton were designated as Oat eways (1-35 and Loop 288) or Entranceways (state
highways and F.M.'s), defined by corridor widths of 500 feet and 1,000 feet, respectively, Regulations
specifically applicable to properties located within the corridors relating to setbacks, architectural
materials, architectural design, uses visible from the corridor, screening, signs, and landscaping are
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included in the draft ordinance.
After reviewing the draft ordinance during a May l3d', 1998 work session, the Planning and Zoning
Commission recommended approval by a vote of 4.1 on May 27d, 1998. The City Council rtviewed
the notification process for the ordinance at the June 9'h 1998 work session and adopted an ordinance
specifying the notification proe'ss at the June 16th, 1998 regular meeting. The City Council held a
public hearing on June 2nd, 199J. The staff met with the Denton Chamlier of Commerce on Friday,
May 29th and reported comments from the meeting at the June 2nd public hearing,
On June 24th, July 10th, and July 24th, and August Sd', staff presented information and received
comments from Demon Chamber of Commerce representatives. The decision was made to review the
draft ordinance more thoroughly during the July 20 City Council Work Session. On August 4th, 1998,
a joint City Council - Planning and Zoning Commission public hearing was conducted, with nearly
unanimous opposition to the draft ordinance as written. City Council then decided to review Corridors
issues at its August I It' Work Session to discuss possible revisions to the draft ordinanec. {
FISCAL INFORMATION
Not applicable at this time.
ATTACIIAIENTS
Exhibit A: Draft Ordinance
" Exhibit 13: Corridors Map indicating Properties w;t't PD, All, and "Straight" Zoning
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gi Respectfully submitted: 0
Dp ifl J
hiector of Planning and Development ~
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DRAFT
~ Exhibit
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 35 "ZONING"
CODE OF ORDINANCES OF THE CITY OF DENTON BY ADOPTING ARTICLE XI
"CORRIDOR OVERLAY DISTRICT"; PROVIDING A CLASSIFICATION FOR DESIGNATING
ROADWAYS IN DENTON; ESTABLISHING A MMIMUM LANDSCAPE SETBACK ALONG
DESIGNATED ROADWAYS; PROVIDING ARCHITECTURAL STANDARDS FOR
DESIGNATED ROADWAYS; ESTABLISHING SCREENING REQUIREMENTS FOR
MECHANICAL EQUIPMENT, ROOF TOP EQUIPMENT, VEHICLE SERVICE BAYS, LOADING
DOCKS, AND OUTSIDE STORAGE OF MERCHANDISE; LIMITING THE VISIBILITY OF
CERTAIN USES ALONG DESIGNATED ROADWAYS; REQUIRING TRAFFIC CIRCULATION
PLANS FOR ?ROPERTIES THAT ACCESS THE DESIGNATED ROADWAYS; AND
PROVIDING FOR NON-CONFORMING LANDSCAPING, PROVIDING FOR CREATION OF
SIGN DISTRICTS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF S2,000.00
FOR THE VIOLATION THEREOF; PROVIDING A SEVERABILiTY CLAUSE; PROVIDING A
SAVINGS CLAUSE AND PROVIDWO FOR AN EFFECTIVE DATE.
WItEP.EAS, the Denton City Council has determined that our corridors impact the visual
image of our community; end
WHEREAS. the Vision for the 21" Century project identified entranceways as a component of
the vision for Denton as a great place to live, work, learn and play; and
WHEREAS, the City Council finds that it is In the public interest to insure that new
developments in Denton will help to enhance the economic and aesthetic environment; and
WHEREAS, the City of Denton recognizes that the establishment of new rules and regulations
through an overlay district for architectural standards, setbacks, screening of uses, prohibition of
certain uses if visible from the corridor, and traffic circulation will help to enhance the economic and
aesthetic environment; and
WHEREAS, the City Council has conducted public hearings on the proposed regulations
contained herein; NOW THEREFORE,
T1 0E COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SEUIQN I, That Chapter 35 "Zoning" of the Code of Ordinances of the City of Denton, Texas Is
hereby amended by the adoption of Title XI, entitled "Corridor Overlay District," so that hereafter said
title shall be and read as follows:
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ARTICLE XI. CORRIDOR OVERLAY DISTRICT
Sec, 35-411. Short Title and Scopc,
This article shall be known and may be cited as the Corridor Overlay District. This article is
creating a new district that w erlays current districts and that except v-%ere they conflict with this "
article all rules and regulation of the nderlying district shall still have full force and effect.
Sec, 35-412. Statement of Purpose.
The intent of this article is to promote the unmediate and long-term public health, safety,
economic stability and general welfare of the citizens of Denton by establishing regulations
related to access and appearance of designated roadways. This article is intended to promote
the following general purposes:
1) To provide a visually attractive environment for those who travel through the City in
automobiles buses, other motorized vehicles, non-motorized vehicles or on foot.
2) To combine the plant materials and perron-made structures to visuahy soften the built
environment, cleanse the air, and reduce the haft effect of pavement.
3) To rtablish a character or theme for Dentoo Utat is visible along its corridors.
4) To design and locate streetscape amenit;cs that are visually pleasing but avoid conflicts with
driver sight visibility triangles and utilities
5) To preserve the Cross Timbers terrain and to enhance the grand prairie.
6) To create a distinctive sense of arrival to Denton.
7) To address issues facing corridor users including motorists, transit, cyclists, pedestrians in
order to create a safe and efficient transportation system.
8) To communicate a sense of order and safety to motorist and pedestrians through
development of landscape design, access plans and structural treatments.
9) To retain and enhance land value by restricting incompatible uses and -renting a sense of
v'.ual unity along corridors.
• 10) To market Denton as a unique and identifiable city for eco comic development.
Sec. 33-413. Classifications.
1) Gateways; The Gateway designation is reserved for the roadways with the higl-.est v~!w ie
of traffic ana provides limited direct access. Roads designated as Gateways include: 1-35
• N, 1.35 W, 1.33 E, Loop 288, U.S. Highway 380 from Primrose Street west to the city 0
} limits and U.S. ilighway 380 from Ruddell Street cast to the city limits. Along Gateways,
maximum efforts will be taken to preserve natural features including trees, native t
( vegetation, and views. Regulations shall be applied to proper.; within a 300 foot wide
strip on each side of the roadway measured from the centerline of the roadway, and the
regulations shall apply to the entire property whether all or part of the property Is heated
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i within the 000-foot wide strip. Any building within the designated 500 foot wide strip
shall comply with the provisions of the ordinance.
2) Entranceways: Entranceways are clas7ified as primary or secondary arterials and may
have curb and gutter or barrow ditch or swales along the right-of-way. Entranceways shell
include: US Hwy 77 from 1.35N to Windsor Dr., Teasley Lane (FM 2181), Fort kitit
Drive (US Highway 377) from 1.35 E south to the city limits, Locust Street (FM 2;64)
from Loop 288 north to the city limits, McKinney Street (FM 416) from Loop 288 east to
the city limits, and Sherman Drive (FM 428) from Loop 288 north to the city limits.
Regulations shall be applied the all property located within 250 feet from the centerline of
the roadway and the regulations shall apply to the entire property whether all or part of the
property is located within the 500-foot wide strip. AMbuilding within the designated 5
foot wide strip shall comply with the provisions of the ordinance.
3) City limner The regulations shall apply to property along the designated roadway that is
within the city limits. As annexation occurs along the designated roadways the regulations
shall apply to the area annexed.
Sec.35-414. SeibackRequitereents.
1) General provision: Driveway accesses and a sign in compliance with the city of Denton
Siga O-dinance may be located in the setback area. All provisions of the Landscape
Ordinance 98.100 shall apply. In determining the landscape and tree requirements for the
setback, a calculation of the land area in the setback in comparison to the overall land area
shall be made. Landweping requirements acid trr.s shall be installed in the setback in an
equal percentage of the land area; for example if the setback is I0% of the overall property
then Iva of the tree and landscape requirements must be installed in the setback.
2) Gateways: A 25-foot minimum landscape setback measured from the property line
abutting the designated roadway is required. Within the area, all existing trees shall be
preserved. Native vegetation shall be undisturbed in the area of existing trees. No parking
shall be petmitted within the 25- foot setback.
3) Entranceways: A 15-foot minimum landscape setback measured from the property line
abutting the designated roadway is requirM. Within the area, all existing trees shall be
preserved. Native vegetation shall be undisturbed in the area )f existing trees. No parking
shall be permitted in the setback.
Sec, 35-415. Architectural Standards.
1) Materials: The exterior walls of the building visible fror,i the designated street shall be
comprised of stone, cast stone, stucco, brick, limestone, granite or a similar appearing natival
or created masonry material. A maximum of 10% of the building facade visible from the
designated street may be comprised of "split face" concrete block. Glass including windows
and doors shall be limited to no more than 500/0 of the front building facade visible from the
designated street and no less than 10% The exterior glass shall have a maximum reflectance of 0 •
20%. An aheroative building material consistent with the appe rance of the materials listed
r'xwe may b(: approved upon recommendation of the Building Official to the Director of
Planning:
2) Colors: Neon and fluorescent wall colors as defined by industry standards are specifi.,illy
prohibited on all building faces visible from a de^,ignated gateway or entranceway.
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3) Design: The design of each structure shall include relief to front wall and roolline. No
' single uninterrupted surrace plane shall be permitted. Reference Exhibit A, Building
Articulation.
Sec. 35-416. Screening.
1) Mechanical equipment: Mechanical equipment including satellite dishes must be visually
screened from view from the designated roadway and from adjacent residential zones or uses.
Roof-mounted equipment shall be integrated into the building design and screened from view
from the designated roadways.
2) Vehicle service bays and loading docks: All vehicle repair, service, and maintenance bays
and all loading docks shall be arranged or screened so that the bay(s) or dock is not visible from
the designated roadways or adjacent residential zones or uses. All screening provisions of
Ordinance 98.100 shall apply.
Ordinance 98-100. Sec. 31-1 states: Any outdoor slMagc area, or portion thereof, must be
screenedI from public rights-of-way using live evergreen screening plants, six (6) feet in height
at installation, spaced no more than eighteen (18) inches apart, edge to edge.
A fence or wa;l may also be used for outdoor storage area screenin6, provided it is at least six
(6) feet tall, opaque, and of masonry, stone, or wooden material, or of the same material as that
of the principal building. Dumpster enclosure openings may not face public rights-of-way
unless they are gated.
3) Limited visibility uses: The following uses shall be prohibited from being visible from the
designated corridor. These uses are permitted if screened by a minimum 8 foe! screen
composed of solid evergreen vegetation at time of planting, masonry walls, or similar solid
constntction excluding wood, or by design within a building, in addition to the required
setback, so that the use is not visible in any manner from the designated roadway or adjacent
residential zones or uses, The required screening shall be erected along the property to screen
the use from the designated road and adjacent residi- vial ±ones or uses.
Primary Residential Uses
Trailer Camp or Mobile Home Park
Educational, Institutional and Special Uses
Correctindal Facility
• Utility, Accessory and Incidental Uses
Electric Generating Plant
Electric Substation
Electrical Trsrismissi-m Line
Private Utility Shop or Storage Yard
Public Euilding, Shop, Yard of Local, State, or Federal Government
• Sewage Pui ping Station O 0
Sewage Treatment Plant
Telephone Line and Exchange Switching or Relay Station
Water Pumping Station or Well
Water Treatment Plant
Drag Strip or Commercial Racing
Fairground or Exhibition Area
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Go-Cart Track
t Sexually Oriented Business
Transportation Related Uses
Hauling or Storage Company
Motor Freight Terminal
Railroad Freight Terminal
Railroad Passenger Station
Parking Lot Truck
Automobile Service Uses
Auto Wrecking or Salvage Yard
'fire Retreading or Capping
Retail and Service Type Uses
Household Appliance Service and Repair {Outside} i
Secondhand Store, Used Furniture or Rummage Sale
Tool or Trailer Rental
Agricultural Type Uses
Hatchery, Poultry
Livestock Auction
Livestock Feeding Plant, Pens, or Yards
Commercial Type Uses
Contractors Shop and Storage Yard
Heavy Machinery Sales and Storage
Petroleum Products Storage-Wholesale
Storage and Sales of Furniture or Appliances Outside A Building
Trailer Rental or sales
Natural Resource Storage and Extraction
Petroleum Collecting or Storage Facilities
Special Industrial Processes
Asphalt or Concrete Batcl-;ng Plant
Brick Kiln or Tile Plant
Cement or Hydrated Lime Manufacture
Dump or Sanitary Fill Area
Mixing or Sale of Concrete
Open Salvage Yard for Rags or Machinery etc.
Smelter or Refinery
4) Outside storage and storage of merchandise outside: All business operations and
i activ'ties shall be conducted within an enclosed building. The only exceptions for outside
activity shall be off-street parking or leading; drive-in or drive-through windows at
financial institutions, restaurants, prescription pharmacy or dry cleaners, and outside eating
in conjunction with a restaurant. No merchandise other than vehicles located on a lot used
primarily for the sale of vehicles including but not limited to automobiles, trucks,
construction equipment, trailers, and similar equipment or living materials such as
• Christmas trees, pumpkins and (lowers and similar living landscape plants may be visible A a
from the designated roadway or adjacent residential zones or uses. Merchandise may be
placed outside if screened by solid live evergreen vegetation planted in accordance with at
( the time of planting as per Ordinance 93.100, or by a minimum 8•foot masonry or similar
solid construction wall excluding wood so that the merchandise is not visible from the
-ifnated rv i lway or from adjacent residential zones or uses,
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Sec. 35-417. Traffic Circulation Plan.
A traffic circulation plan shall be prepared and provided for all new development. This plan
should allow a safe and efficient flow of traffic Wout of property to maximize the capacity of
'he roadway. Access management design features will allow the congestion of the adjacent
rWways to be minimized. Examples of access management include corner clearances,
driveway spacing, joint access drivewrys anti parallel acceva roads. The Traffic Circulation
Plan should provide detailed ie,-ormdtion showing how the development will minimize
transportation Impacts while providing the necessary business connection to the Entranceway
Corridor. The plan shall be reviewed by the 0y of Denton Engineering Department for
compliance with all Subdivision Regulations.
Sec. 35-418. Non-Conforming Propertles,
1) Perimeter Parking Lot Landscaping: All legal non-conforming properties within the
designated corridor shall provid, landscaping by 0.tober 1, 2003. The minimum
requirement shall be compliance with. Sec,31.7(lxa) Parking Lot Screening, perimeter
screening and See.31-8 Maintenance (Ordinance 98-100).
2) R, development: In the event of demolition of an existing legal non-conforming use, all
requirements of this code shall be met. In accordance with provisions of Code of
Ordinances, Sec. 35-13(d), all requirements of this code shall apply if partial destructi,)n
exceeds 50°/a. FQr a legal non-conforming uses as of the effective dale of this ordinal %
the property shall ¢tgubiect to the provisions of this chapter when remodclin& or
redevelopment ispropnsed that would expand existinggtom floor area of the lot's structure
l or structures by twenty-five L'S)percent or more,
3) Appeal: All legal non-conforming properties within a designated corridor shall comply
with the perimeter screening requirements for parking lots contained In Code of
Ordinances, Sec. 31-7(l1(a) by October 1, 2003. The owner of a legal non-conforming
property may appeal for relief to the Board of Adjustment to determine a lam compliance
date. In deciding whether to grant relief to the owner based upon such appeal, the Board of
Adjustment shall take into consideration the factors set forth in Code of Ordinances, Sec,
35.48(1), but in no event shall such compliance date be extended beyond October 1, 2008.
Sec. 35-419. Signs,
A sign district shall be required for any nrooerty which has more than three hundred (300) feet
of continuous frontage on a Gateway or Entranceway, The plan shall conform to the provisions
• of Code of Crdi,:ances, Sec. 33.254(2). All signs in the sign district must be designed to
conform to regulations in Code of Ordinances, Chapter 33 as presently enacted or as hereinafter
ameneed.
i, Sec. 33-420 Applicability and Exclusions
1) Applicability, The ordinance shall apply to all new construction at the time a building
• perm it is requested. O •
2) Planned Developments: Properties zoned planned development with an approved detail
plan shall be exempt from the provisions of this article so long as the property Is developed
in accordance with a detailed plan approved prior to the effective date of this ordinance.
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3) Single-family: Property zoned single•.amily shall be exempted from the setback
requirements, Section 35.414.
I SECTION IL That any pcrm vio!sting any provision of this ordinance shall, upon conviction,
be fined a sum not exceeding S2,0C100. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct ofiense.
S_F&UQ ifi• That if any section, subsection, paragraph, sentence, clause, phrase or word in
this e:dinance, or application thereof to any person or circumstances is held invalid by any court of
competent jurisdiction, such hr;ding shall not effect the validity of the remaining portions of this
ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted i
such remaining portions despite arty such validity.
SE Tlti ON IV. That save and except as amended treby, all the provisions, sections,
subsections, paragraphs, sentences, clauses, and phrases of Chapltr 35 of 1 aj Code of Ordinances shall
remain is full force L.d effect.
, ECTION V. That this ordinance shall Fecome effective fourteen (14) days from the date of
its passage, and the City Secretary is hereby directe.l to cause the caution of this ordinance to be i
publist;f:d twice in the Denton Record-chronicle, a daily newspape. publish.d in the City of Denton, II
Texas, within ten (10) days of the date of passage.
PASSED AND APPROVED this the day of _ 1448. `
JACK MILLER, MAYOR
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A [TEST:
JENNIFER WALTERS, CITY SECRETARY
" BY:
APPROVED AS TO LEGAL FORM;
HERBERT L. PROUTY, CITY ATTORNEY
BY:
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AGENDA INFORMATION SHEET #01011:1111 perll, ~
Qay-
AGENDA DATE: August 11h, 1998
DEPARTMENT: Planning&Development
Cb1/DCM/ACM: Rick Svehia f
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SUBJECT
Receive a report, hold a discussion, and give staff direction regarding the Comprehensive Plan
Schedule and Work Plan.
BACKGROUND
The primary objective of the Planning and Development Department during fiscal year 1998-99 is the
completion of the comprehensive plan. A revised approach suggested by staff consists of three parts;
1, Stop work on the RUST/HOK Preferred Development Scenario contract;
2. Complete the Growth na emenl Strategy by December 1998, augmented by an
intensive public review period during OctoberMovember 1998 by amending the existing 11
RUST/HOK contract; and f
3. Complete the draft Comprehensive Plan by April/May 1998, to be produced by city staff,
and featuring the Growth Management Strategy as the cornerstone of the Plan.
The Preferred Development Scenario was intended to portray general locations, land use densities, and
land use mixes considered by the community to be desirable as Denton grows. The Growth
Management Strategy includes the same products, but ventures further into the major policy choices
available to ae,tieve the Preferred Development Scenario. An important component of the Growth
Management Strategy is the assessment of the relationships between economic factors and growth
management options (such as land use ratio considerations).
A draft scope of services is attached (Exhibit A), and several tasks require the participation of Cotmcil
members, staff, and citizens. The original Forecasting and Land Use Planning scope of work (which
includes the Development Scenarios) is also attached (Exhibit B) for comparison purposes, Finally,
0 the Comprehensive Plan draft outline is attached (Exhibit C) for your information, noting that the
Growth management Strategy is a key component of the plan.
fff~NIAT SCHEDULE OF PROJECT
Planning raft previously anticipated a January 2000 completion dale for the comprehensive plan, and O
has been working to the accelerate the schedule in the face of growth pressures. The Vision SUtement
and Denton Plan Policies have been adopted, and most of the forecasting work has been completed by
the cih's consultant, RUST/110K. After completion of four potential Alternative Development
Scenarios and a weakly attended series of public meetings, City Cournil decided to wait until after the
summer months to resume public review efforts intended to assist in the development of a Preferred
Development Scenario. In the intorim, city staff has prepared a strategy that allows continued progress
25 132X10-
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toward the comprehensive plan while shifting the emphasis of public review, from summer 1998 to fall
1998.
A detailed completion schedule for the Growth Management Strategy is includcd on the last page of
Exhibit A. An intensive series of public meetings will be scheduled if the amended scope is approved,
E
PRIOR ACTION/REVIEW !
The comprehensive plan completion strategy follows the overall Denton Plan process proposed by I
staff in June 1997. The relationship between the Development Scenarios, Growth Management
Strategy, and Comprehensive Plan is indicated in the chart below, i
{
I
EXISTING OATA
Osogrophic Informabom
Resource Avellablbtr
External InNuencn
FORECASTS
Damographic Foretaste
land Use Demand
Flacal Impacts
I
COMMUNITY VISION '
Mission statement
General Goals
8 Oblecllws
DENTON PLAN POLICIES
Growth Management Pollcles
I I
Alternative Development Scenarios
Preferred Development Saenarlo
COMPREHENSIVE PLAN
Orowth Management Strategy
Land Use Plan
Implementatlon Strategy
{MAIL AREA PLANS
Narrow scope of interact
. Area • Sipta:Ahc Issues
IMPLEMENTATION
TOOLS
Plan Effectuation
,
lONINO ORDINANCE
SUDOIVISION REOULAtIONS
ANNEXATION PLAN INFRASTRUCTURE MnS1E RPL\NS O .
CAPITAL IM PROVEM PROOKAM
ILMES IMPACT FEES
EE
BUDGETS
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FISCAL INFORMATION
Approximately $33,263 in unspent funds from the original RUST/HOK contract is available for the
Growth Management Strategy contract amendment. An additional $37,847 budget is earmarked in the
proposed 1998.99 budget to pay for the additional services needed, resultipg in a total of $71,110 to +
-omplete the Growth Management Strategy. Pending Council instructions during the work session, i
staff is prepared to execute a change order via the City Manager's signature as soon W possible that
would allow work on the revised scope for tasks that must be completed between now and October 1", `
1998. Staff would then ask for Council authorization to execute a change order to complete the
remaining tasks in the revised scope, using funds from the 1998-99 budget once the budget is adopted.
J`
EXHIBITS
Exhibit A: Growth Management Strategy - Preferred Scenario Sco,m of Services (proposed ~r
amendment)
Exhibit S: Forecasting and Land Use Planning Scope of Services (approved originally)
Exhibit C: DraA Comprehensive Plan Outline
Respectfully Submitted:
D M. Hill
hector of Planning and Development
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Exhibit A Revised 6 August 1998
Proposed Agreement Between The City of Denton City of Denton Comprehensive Plan
and Ifelimuth, Obata dr Kessabaum, Inc. Consultant's Draft Scope of Services
GROWTH MANAGEMENT STRATEGY - PREFERRED SCENARIO
Took t • Identify Growth Manaaamant Strateav issues
Examine and develop recommendations for the urban development Issues to be addressed by the Growth
Management Strategy. Issues will include those that the City Council has identified as being important during
their review of the Alternative Development Scenarios. The growth management strategy issues could include: 1
• Amount of new development activity to be accommodated within the planning horizon;
Impacts of new development upon the Denton Independent Sctnol District;
• Impacts of new development upon existing and future utility services;
• Types of land use to be encouraged or discouraged;
• Appropriate ratio of Land Use to Promote a Healthy City;
• Methods to Focus Future Growth In Desired Areas;
• Density and timing of development;
• Quality of life opponunkies to be preserved or enhanced;
• Methods to address environmental Issues as new development occurs.
Meet with the City Council to Homily additional' Issues end to prioritize the Issues to reach consensus on a
preferred area of focus for the study. This scope item Is time crllkal and will require meeting with the City
Council on or before August 25 to achieve the proposed December 1998 prolect completion
- dentify Existing Denton Growth Management Technigual
ark 2 - I
Mr et with City of Denton Department Heads to Inventory and examine the ourront growth management system
uti,ized by the City of Denton. This would include both components of the growth management system
Decision Guides and Action Instruments. Examples of Decision Guides InGude land use policies, plans, policy
statements and capital improvement programs. Examples of Action Instruments include regulatory Instruments
(such as zoning and subdivision regulation); public Investments (such as expenditures on highways, water and
sewer facilities, schools); and Incentive and disincenthre programs (such pricing policies for utility services and
preferential taxation). Tne heads of the Planning; Parks; Utilities; Economic Development; Electric, Drainage
and Environmental; and Transporlatlon Departments will be interviewed Individually and asked to Identify
perceived problems and potential methods for Improving the existing growth management system. Following
the Individual interviews, a group meeting with department heads will be held to discuss the consultant's
findings.
0
Task J - Identify Growth Management Tachni w Ifzed by Other Cgmmynltles
Research the growth management strategies of other U.S. cities that have faced similar development
pressures with a focus on the applicability of each strategy In Texas. Examine examples of 4 to 8 cities In
Texas and/or the United Slates that are relevant to the Denton experience and could be used as models for a
Denton strategy. Determine N enabling legislation exists for each potential Wategy to avow utilizallon In
Denton. Identify other growth management system tools that are available to the City and not currently being 0 .
utilized,
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Task 4 - Community Survav - Growth Management
With City staff coordination, prepare a general survey to solicit opinions on growth models, strategies and other
growth issues from a broad sample of Donlon residents and businesses in the Study Area. The City will print
and distribute thi survey In the City's newsletter and on the City's website, and tolled the completed returned
surveys for the Consultant to summarize the results ;
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Task 5 - Prepare Overlay Magill; for Preferred Scenario Discusar,)n l
Develop a series of 20'x42" registered overlays to utilize In review meetings with City Staff and City Council
Work sessions IdenVied in tasks 8 and 9. The iollowing coverages will be included;
a 3 and 5 mile ETJ;
a City Limit;
a CCN Boundaries:
s School District Boundaries;
a Major RoadwYys;
a Flood Plains;
a Existing Land Uses;
a Emerging Trends and Characterizations;
• Composite Sultil ily.
Task ! " O velog Draft Pretemd Growth and Development Smorlo
Based upon the Information learned from the Community Survey, and from the City Staff direction, the
Consultant will develop a graphic of the Draft Preferred Growth end Development Scenario (or hybrid of
alternative scenarlos) considering the following factors:
a The Draft Gr ~Ah Management Strategy;
a Existing land use patterns;
a Population capacity;
a Desired densities of future development;
a Commercial and Industrial growth, determining the probable amount of development as a function of
population and policy; and,
a Transportation corridors, Indicating condors needed to serve the development patterns Implied by the t
preferred scenario
k
Task 7 a Develop Draft GrowUt Monasem^•nt Strpteoy
Develop a Draft Growth Management Strategy des' joed to achieve the desired objecr'ves of the City as
Identified In Task 1. The strategy will be in a written ormal and will address both Decision Guides and Action
Instruments, and would recommend new ideas as wail as revisions to the Cdy'i current growth management
system, and will explore the legal Issues associated with the strategy.
look S - Revlew Meeting with City Staff 10p0pn}fj
Present the Draft Preferred Growth and Development Scenario and the Draft Growth Management t1rategy to
the City of Denton Department Heads at the consultant's office to answer questions or concerns prior to
Community Workshop #1.
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js r,r I - City Council Work$ Islon Or{efing lOptionall
PRtsent the Draft Preferree Growth end Development Scenario and the Draft Growth Management Strategy to I
the Denton City Council at a wvo' session to answer questions or concerns prior to the Community Workshop.
Task 10 -Community Worlisho
A workshop will be held at which the Consultant will present the Draft Growth Management Strategy to solicit
public Input, This workshop may be a jotnl meeting of the Council, P82, and the City's Economic Development
Foundation, The City will be responsible for advertising the workshop 1,. advance using the local paper, the
la;al cable public access channel, utility Nis, the stakeholder network, and other methods Advance
information should also be made avallable to the Council and Pd2 M their briefing paO..ets prior to the
workshop.
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Tr}k 11Dev la oe Flna1 Preferred Orowth and Development Seen •,rfo
Based upon the information learned from in Community Workshop 1, and from the City Staff direction, the
Consultant will develop a graphic of the Final Preferred Growth and Develcpment Scenario considering the
following factors:
a Tho Final Growth Management Strategy;
Existing land use patterns;
Population capacity;
Desired denaltles of future development;
• Commercial and Industrial growth, determining the probable amount of development as a function of
population and policy; and,
Transportation corrldom, Indicating oorrldors needed to serve the development patterns Implied by the
preferred scenario.
Task 12 - Develop Final Growth Manapsmenl Strata
Based upon the comments received in Community Workshop 1, finalize the Decision Guides arki Action
Instruments to Inccrporale Into the Final Growth Management Strategy, The Final Growth Management
Strategy will be prepared as a summary of written recommendations with tables and charts as required to fully
explain the strategy.
Task 111 - Identify Orowth Manaaerntlni Stratum Implications
Review the Final Growth Managemen? Strategy as it relates to the adopted Demon Plan Policy Documents and
Identify areas of Incompatibility between the two documents.
Ta k 1- evlew MoOna with City $Jeff OptlonIII
Present the Firal Preferred Growth and Development Scenario and the Final Growth Management Strategy to
the City of Denton Department Heads to answer questions or conoems prior to pressntatlon In City Council
Worksession.
Took 11I - Ctty Cuuncli Vlorksesslon Briefing
Present the Final Preferred Growth and Development Scenario and the Final Growth Management Strategy to
the Denton City Council at a worksession to answer questions or concerns prior to the public hearing to
consider the adoption of the ecenarlo and strategy.
Based upon comments recelvcd in the City Council Worksesslon b• offing, make final revisions to the Preferred
Growth and Development Scenario and to the Growth Management Strategy prior to the public hearing,
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Task 17- Orowth Manaasmenk ate Adop~LQ~
The consultant will present the Preferred Growth and Development Scenario and the Growth Management
Strategy to the City Council for consideration of adoption In a public hearing format. The City will be
responsible for advertising the hearing In advance using the local paper, the Wei cable public access channel,
utility bills, the stakeholder network, and other methods. Advance Information would be prepared by City slats
• and be made available to the Council in their briefing packets prior to the hearing. •
uk 1! - ra Dumma•~t Repoli
The Consultant will pfepere a draft report with text, tables, charts and graphics summarizing the planning
process, the adopted Preferred Growth and Development Scenario, and the adopted Growth Management
Strategy Computer disks with V* Information writ be made availatde to the City for modification and
incorporation into the final Comprehensive Min Report by City Staff.
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Reilsed S Aagnsy 1998
Exhibit A
Plan 4:
p~yoyed ci
ty 5etwem The Ckty of Denton C of DgI nsWtmt's °Dran F nee edu
and Neilmoth, Obats KiiissabatIM he
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Task I ManapameM Sir&" Issues 00,00
Task 2 MfemMy EXISting Denton Growth MampemeMT004quee 00
Task 3 Identiy Growth Management Techniques UtlOted by Olhat Communidee W500,00
Teak 4 Community Survey • Growth Managomem
T ask 5 Prepare Overlay Maps for Prsle.red Scenarb Discussbn $7,600.00
Task 6 Develop Draft Preiared Growth and Dev*C*TM Seonarle, $e,500.00
$6,600.00
Task 7 Develop Draft 0rowth Management Strategy SI,000.00
Tuk a Pevlew Meellnil WO CRY Staff (OPtkxr!) $2.400.00
Task 0 City Courul Worksession Brisling (0061141) $2,400,00
Task 10 Community Workshop 01 `
,00,E
Task 11 Develop Final Preicrred Growth and Dwalopmam Scenarlo 6666,00,00
Task 12 DervelOP Final Growth Management Strategy $5,600.00
Task 13 IdentitY C rowth Management Strategy 1110 aOOna 51,000,00
Task 14 Review Meetlng with City Stall ((VWOI) $2.100.00
Task 15 CRY CouncN W41rk9e6e10n Bma" $1,400.00
Task 16 Final Revlsinru $1,760.00
Task 17 Growth 1Aanapement SVat"Y Adoption ,OS0.00
Task 1a Draft Summary Rsport f1tS1 t O OO
Total AddMFoua1 SWVI as tees
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PROJECT A><:'^' +1CH
FORECASTING AND LAND USE PLANNING
By the stunt Envirenmeat nod InfnrtrvcWre, lea end Hettmatk, 0beR & IGrr •am, laa Sum
Tits work to be performed by the Project Team is described inthefollowinanaratrapha. Each
paragraph describes a particular workttem(tesk), or collection of tasks.
200 Series Tasks - Data Collection And Mapping
i
This series of tasks includes the collection and evs;uadon of the data to be used throughout the
remainder of the forecasting and comprehensive planning project. Key items include the collection
of population and &-,wmic data from a mmnber of local, regional, state, and national sources and
the development of mapping that will be used to support the project.
A meeting a31i be conducted with the stsfTto review the data collected and to confum that the
electronic file formats are compatible with the City's computer Systems. I
300 Series Tasks - Population Forecasting And Projections
The general approach to this project will be to evaluate population densities, or holding capacity,
prior to preparing the population projecdous for future years. Build-out populations forecasts are
easier to p-rform, and ultimately preside decision makers with more meaningful management
lnfortnstion than the population projections.
Tosk 301 - Preparation of Holding Capacity Models
Models of the holding capacity, or build-out population, will be prepared based on current zoning,
regional population density data, and the altema6vt development scenarios to be evaluated as pan
of the ptojm,
An important part of this task will be comparison of the day-time versus night-time populations of
the city. This infonnition can have significant impacts on city services, and will provide valuable
insight to the city's economy.
A Task 302 - Comparative Cities Analyals
1
Population growth and development In comparable titles will be used to prepare timing estimates
for development, and to furthet refine the bolding opacity models developed in ;Task 301.
Task 303 - Preparation of Eitrapolmlon Models
Historlcat population data for the city, county, and region will be modeled wing several different
{ algorithms, and the model with the best fit for the City of Denton will be determined.
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Task 304 • Development of Cohort Component Model j
The cohort component model is considered to be the best predictor of future population. The model
will be developed initially for the city-wide population, tnd finally for individual study snag.
Task 303 • Develop Economic Base Model ,
An economic base model will be prepard that categorizes the labor within the Stutip Area as being
either basic or nonbasic, These data will be used to prepare the model for ecouomie activity,
Task 306 -Develop Ereaomic Share-Shift Modal
Regional economic data will be used to prepare a share-shift model for the City of Demon's
economy,
Task 307 - Compare Population Forecasting to Development Scenarios
The holding capacity models will be modified to reflect poteatial changes in the population as a
function of the development scenario.
Task 303 • Adapt Models to the Prefered Development Scenario
The population models will be modified to reflect conditlons antklpated in the ultimate development
Scenario.
Task 309 • Market Position Analysis
This task will evaluate the market position of the City of Denton with respect to other cities, with
particular emphasis on cities in the Metroplex•
Task 310 - MeetingvErlefings
At the completion of each myat ponlou of the project, a meeting will be held with the C-!y staff to
review the work accomplished to date, After review by the staff, the consultants will pt-seat the
findings to the City Council in a workshop.
t`
400 Series Tasks - Planning II
Task 401 • Alternative Growth and Development Seenerios
Task 401.1.Opportunities and Cortstraluis Analysis
Based upon the land use dais, environmental information, utility information and trarnspOrtwon 0 8
Information, a composite map will be developed indicating opportunities and constraints for a
10.
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variety of land uses within Denton. These oppotiu:ddel end constraints, along with the community
vision and policy statements, will form the basis for the alternative development scenarios.
Opportunities and comttaints will be indicated for the following types of development:
• Residential development (Single and muld•fimlly),
• Commaclavretail development,
• Office development,
Industrial development,
• Parks and open space, and
• Agriculture.
Task 401.2 - Prepare Alternate Gro»tb and Development Scenarios
This task involves the development of scenarios indicating d1fferent gerurallWd patterns that future
growth could take in Denton. Several F=Vios will be developed ineluding a Corridor Scenario,
Urban Centers Scenario, Neighborhood Centers Scenario, and a Compact Growth Scenario. Each
scenario will be prepared in a graphic format appropriate for public display and review.
Task 401.3 • Identify Scenario Implications ~
The intent of the identification of the scenario implications for each of the alternate growth and
development scenarios is to provide the public ofticlals and citizens of the City of Denton with the
information necessary to make Informed decisions iegud.ng the land tare make-up and physical form
that the City will attempt to achieve within a 20 year horizon. The general implications of each
scenario upon the City of Denton will be documented ihmugb the use of maps and tables to that a
"level of rnagrdrude" comparison can be made between the afcemadve scenarios. That comparison
will consist of the following factors:
• Transportation corridors Indicating corridors needed to s4rve the development pattems
Implied by each sceaariu,
Neighborhoods and housing,
Environmental Protection,
• Public Facilities and Services,
• Government Policies,
• Parks and Recreation,
• Commercial end Industrial growth determining the probable amount of development as a
0 function of poptrletlon and policy, and
Urban Design. ! t
Task 401.4 - Mttfla /li lefings t
At the completion of each maj or portion of the project, a meeting will be held with the City staff to
review the work accomplished to data. After review by the staff, the consultants wilt present the tD
findings to the City Council in a workshop.
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402 Series Tasks • Preferred Development Stonarlo t
Task 402.1 • Develop a Preferred Growth and Development Scenario
Following the development of the all( mative growth and development scenarios, and Incorporating f
input from the citizens, elected officials and the City staff at the public meeting, a Preferred Crrowth
and Development Scenario will be developed. The preferred scenario maybe developed from the
preferred alternative development scenario, or combination of preferred aspects from several 1
alternative growth and development scenarios.
f ,
Task 4021 • Develop Preferred Scenario Support Data
Following the Preparation of a Preferred Development Scenario, an analysts of the $Matto will be
performed In order to identify the broad brushed i.nplicatloru of the scenario upon the City of
Denton. The following components will be reviewed: ,
• Transportation corridors indication corridors needed to serve the development pent=
Implied by each scenario,
Neighborhoods and housing,
Environmental Protection,
• Public Facilitles and Services,
• Government Policies,
Parks and Recreation,
• Commercial and Industrial growth determining the probable amount of development as a
function of population and policy, and
• Urban Design.
Task 402.3 • Meedngs/B iefiags
At the completion of each major portion of the project, a meeting will be held with the laity staff to
review the work accomplished to date. After review by the staff, the consultants will present the
findings to the City Council in a workshop.
Task 403 • Reports
Upon completion of the prefcmd Growth and Development Scenario, a draft report will be prepared
• which will summarize the data forecasting and ptanniag processes. The draft report will contain any i
cbarts, graphs, maps, and text necessary to document the study processes and findings. The draft
report wUll be submitted to the City of Denton stiff for review amd comment, and will be revised as
necessary to prepare a final report
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Project Study Area i
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Ttse area to be Included in this study is limited to the prqosad five mile STI of the City of Denton,
h Texas.
The Study Area will be subdivided into smaller areas for statistical analysis. In general these areas
will be comparable to an aggregation of Traffic Survey Zones to fours Census Tracts.
The planning Horizon for purposes of tills study is the year 2,025.
Protect Schedule
s The schedule is based on the assumption that approval of the consultants' contracts will be
k provided by the City Council on February 17,1992. and that funds are evallable and encumbered
to perform the work,
Information to be Provided by the City
' rue City of Denton will be providing some on the information to be wed on tbls project. The
team is assuming that the information covers the entire Study Area, and drat the information will
be available by trid-February, 1999.
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Exhibit C; Draft Comprehensive Plan Outline
(Expansion of'Comprehensiva Plan Framework' Presented to Councl December 'tI OR
I. IntroduetEon '
MESSAGE FROM THE MAYOR
MESSAGE FROM THE CITY MANAGER
A. PURPOSE
S. GEOGRAPHIC CONTEXT
1. Regional
2 State
3. Metroplex
4. County
S. Erfreterritodal Jurisdiction
C. EXISTING CONDITIONS
1. Citywide Demographics
2. Geographic Information
3. Economic Information
0. FORECASTS S COMMUNITY INDICATORS
1. Popufation Growth
. Land Use Demand
3 Service Area Implkafiwrs
1 Growth MOM609mont =tntoay
A, ALTERNATIVE DEVELOPMENT SCENARIOS
1. Corridors
2. Urban Centers
3, Neighborhood Centers
4. Compact
B. PUBLIC INVOLVEMENT
1 Process
2. Results
T
C. PREFERRED DEVELOPMENT SCENARIO
T. Meg
2. Primarycharecfedsfks of pubik preferences
i D. GROWTH MANAGEMENT STRATEGY
1. Pokids (initially approved by City CouncilIn Aina f viRI
2. Implications of Pmforrdd Developmont Scenuio
3, POiclRevision Recommendations
1. Map Q •
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III. Essential TOtoltz
A. LAND USES
1. Residential
e, Existing Conditions
b. Policies (Neighborhoods b Housing)
c. Recommendations
2. Commercial
a. Existing Cor is
b. Recommend.
3. Office
a, Existing Conditions
b. Recommendations
s. Retail
s, Existing Conditions
b, Recommendations
6. lndustrfal
a. Existing Conditions
b. Recommendations
8. Small Area Plana
a. Downtown
b. Fry Street Area
c, Airport
d. Lake Ray Roberts
e. Historic District
& INFRASTRUCTURE
i. Trensportation
a, Regional Context
b. Airport
1) Existing Conditions I Airport Master Plan
2) Policies
3) Recommendations
b. toadways
1/ Existing Conditions! rtoroughfare Master Plan
2) Policies
3) Recommendations
c. Mass Transit
1) Existing Conditions I Transit Plan
2) Polities
3) Recommendations
d. BikewayslTralls Plan
1) Existing Conditions
2) Policies
3) Recommendations
e. PedestrianiTrails Plan
1) UstingCxAitions
1 2) Policies
3) RecrNnmendations
f. Aocess Management
1) Policies
' 7) Recommendations
p. Corrldors
1) ExlstingCorditlons
trAls 2) Policies
3) Recommendations
2. Uhtas
a, Electrical Service
1) Existing Conditions! Master Plan i
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2) Policies
3) Recommendations
b. Water Service
1) Existing Conditions! Water Master Pia:
2) Policies
3) Recommendations
a Sanitary Sewer Service
1) Existing Conditions I Sanitary Sewer Master Plan
2) Policies
3) Recommendations
d. Solid Waste
1) Existing Cond Lions I Master Plan
2) Poikfes
3) Recommendations
3. St rmweiorQralnega System
a. Existing Conditions 1 Pecan, Cooper & Hickory Creek Muter Plane
b, Policies
c. Recommendations
i
C. ENVIROAMENTAL RESOURCE MANAGEMENT
L Extsling Conditions
2. Pollslea
3. Lend d Soils Quality
a. Existing Conditions
1) Soils map
2) Vegetative cover by soli types
3) Identiik:ation of "Ecotogicnliy Significant Areas" (ESA's)
a) Elm Fork Conservatory
b) South Lakes Park
o. ReoommendaWs
4. Water Quality
a Existing Conditions
b Clean Riven Plan
c. Lake Lewisville Water Quality
d. Lake Ray Roberts
e, Storm Water Quality
f Pecan Creek Water Quality Special Projects
1) VAVTP Permit Compliance
2) Storm Water Monitoring
g. Recommendations
3. Air Qualify
a. Existing Caw!itions
b. Recommendations
8. Storm Wafer Quality
1 8 WetEPAIFEMAlands Protection
a, Regulated Area Map
b. Specific Environmental Impact Zones
D Conservation and Resouces Management
10. Alternative Energy Resouces
It, Solid Was to Management
12. Noiso o Materiels
!J. A+oisa Pollution
0
r 0. ECONOMIC DIVERSIFICATIONISUSTAINABILITY
?j 1. Existing Ccwx*fions
a. Tax Base 04vanlly
2. Polcles
a. Tax Abalemenl
b. Infrastructure Assistance
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c. Electric Industrial Development Rider (IDR)
d. Freeport Exemption
3. Incentive and Performance Standard Racomr,endat%ons I
a. CostlBenelt Analysis Model
4. Employment
a. Employment Base (commute vs. employmeit corder) j
b, TraininglSkills Opportunities
F. PARKS AND OPEN SPACE
1. Exist;npcondidons/Master Plan
z Policies
3 Service standards recommendations
0. Recommendations
a. Neighboftod parks
b. CcmrnuNy parks
d. citywide parks
d. Greenways l traWl / Bnkages
e. Special purpose parks and urban open spaces
0. PUBLIC I GOVERNMENTAL FACILITIES
1. Public Safety
a. Police
b. Fire `
c. Emergency Response
2. Lid ary Servkws
3. Public Works
4. General City Govemmen!
H. EDUCATION
1. Denton Independent School District
2. Private Education Facilities
3. tkrtrt Central Texas College
University of North Texas
5. Texas Wume/r's University
1. URBAN DESIGN
1. P+Ivata PropartyAppearence
a. Signs
b, Landscape
o. Structures
2. Public PmperlyAppearaxe
a. Utility lines
w I b. Dumpsters
c. Focilitka
3, Conftrs
a. Slreetscapes
b. Gateway3
c. Entrance M irkors
ThoroWhrores
5. Fences/Wags
J. HISTORICPRESFF(VATK)N
O 1. Existing Conditions 0
a. Historic Resources Inventory
b. EMls0VHls'.orlc Dislrkia
c. Downtown
2. Pb kles
34 Recommendations
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IV. Benchmarks and indicAtors
V. Special Topics
A. "THE STREET" +
Arignment of R.O.W. etemenis, reevaluation of R.O W. use; Emphasis multiple uses benefits vs.
traditional ROW
1. Transportation Features
a- Right-of-way
b. Pavement
a Sidewalks
d. Transit Uses
e. Bike Lanes
2. Utility Features
a. Sanitary Sewer
b. Water
a Stormwaler Drainage
d. Electric
1 Franchise Use
a. Telephone
b. Cable
c. Telecommunications Fiber-Optics
4. Street Trees
a. Area Requirements
b. Use of Vegetation
B. "THE EDGE"
1. Existing boundaries
a. City limits
b. Extraterritorial)urisdiction(ETJ)
c. Intor-local agreements
d. LlAty Serv$ce Areas
1) Cert&etes of Convcnierrce 6 Necessity (CCN's)
2) Interlocal agreements
3) Regional coordination with Upper Trinity
2. Urban Service Boundaries
3. Annexation Strategy
4. Extomal Environmental Influences
C. "COMPATIBILITY"
1. Land Use Relationships
i a. Neighborhoods Districts
1) Social "Allenatlon"
3) New Development
4) Existing Development
b, Mixed Use
1) Character Area Mapping
2) Sense of Puce Analysis
3) Traditional Nelghbotood Elements
4) Open Spats
~ c, Housing Q ~
2 Mitigation W Adverse Impacts
a Urban Design Performance SlaWards
b. Thoroughfare Capacities
c. Service Co nsiderrdions
d. Environmental stress
e. Small Area Plans
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0. "THRESHOLDS"
i. Population growth levels which exceed service facility capacities
2. Geographic expansion that wvuld create stress on existing systems
3. Discussion of Urban Services boundaries concept
VI. Plan Products
A. GROWTH MANAGEMENT STRATEGY
B. RECOMMENDED LAND USE PLAN
r
C. IMPLCMENTATION STRATEGY
i. Resource alkcatfoa priorities
2. roetables lorcompletion
3. Responsibilities/accountaMify
D. PLAN EVALUATION RECOMMENDATIONS fr.
+
f. Implementation fesslbrify
2. Effect on chosen hkators
3. Amendment process
4. Update requirements
VII. Implementation Tools
A. MASTER PLANS
B. SMALL AREA PLANS
8. ZONING ORDINANCE
C. CORRJOORS ORDINANCE
C. SUBDIVISION REGULATIONS
D. ANNEXATION PLAN
F
E. INFRASTRUCTURE MASTER PLANS
F. CAPITAL IMPROVEMENTS PROGRAM
0. BUDGETS I BONDS I IMPACT FEES
H. PUBLIC FACILITIES PLANS
i
1. VOLUNTARYI INCENTIVE PROGRAMS
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VIII. Implementation Strategy Format (example)
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TOPIC #1: LAND USES
Rscommendation(e) Proposed Primary Implermntation Schedule
Action(s) Responsibility Metl AM
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TOPIC #2: TRANSPORTATION
Recommendation(s) Proposed Primary Implementation Schedule
Action(s) Responsibility Methodls)
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Agenda ;loin
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AGENDA INFORMATION SHEET pate- -JL-` ~
AGENDA DATE: August 11,19x8
DEPARTMENT: Utility Administration
ACM: Howard Martin, 349.8232
SUBJECT
HOLD A DISCUSSION AND OBTAIN INPUT ON POSSIBLE AFFORDABLE 4
HOUSING EXEMPTIONS TO THE WATER/WASTEWATER TREATMENT
IMPACT FEE.
i-
BACKGROUND
Council has approved the ordinance to set the public hearing on September 1, 1998 for
adoption of the Capital Improvements Plan and WaterlWastewater Treatment Impact
Fees. During presentation on the impact fee, the Denton Capital Improvements Advisory
Committee had asked the staff to present a discussion on ramificationt of adopting
exemptions to the impact fee. Staff held this discussion on July 8th with the Advisory
Committee. On this sar a date, the Advisory Committee recommended adoption of the
impact fees and requested the Council to consider an exemption for infill/affordable
housing where the impact fee amount is greater than 50019 of the appraised value of the
lot.
To apprise the Council on issues related to exemptions, staff along with the legal
consultant Brenda McDonald from Dahlstrom McDonald will hold a discussion with the
Council. The discussion will focus on the exemption recommended by the Advisory
Committee along with other affordable housing exemptions. The consultant has gathered
information on exemptions to impact fees ado?ted by other cities which is attached (see
Exhibit II).
ESTIMATED SCIIEDULE OF PROJECT
See Exhibit J - Revised Impact Fee Schedule
PRIOR ACTION/REVIEW (Council, Boards. Commissions)
I
Council briefing on process considerations for enacting impact fees, October 28, 1997.
Council briefing on the comprehensive plan, December 16, 1991.
Council briefing on impact fees, January 13, 1998.
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Council approval of ordinance creating the Denton Capital Improvements Advisory
Committee, March 17, 1998
Council approval of ordinance to set a hearing date on Land Use Assumptions, April 21,
1998. '
Council approval of Public Hearing on Land Use Assumptions on Juve 2, i 998.
Memorandum from Howard Martin, June 19, 1998-Phase I Impar,i Fees.
DCIAC briefing on impact fees, June 24, 1998.
DCIAC briefing on impact fees, July 8, 1998.
Council approves of ordinance to set a hearing, date or, adoption of Capital Improvements
Plan and Water and Wastewater Impact Fees.
FISCAL INFORMATION
None
rl'
Respectfully submitted:
Ji ordan w
Director Water Utilities
Exhibit l: Revised Impact Fee Schedule
Exhibit It: Dahlst )m McDonald Survey
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,a~t:. ,...R-sr~Ra4':, ~ .hx Y+.wh"~4:r~d:il,~~t'.ri'.:.P~WR,1~;H ~,k>F~.4'1Pi'~~~t'x,. a'*'F,,~i'd a~"G'.Ifh, w•~~~ .r~
Rev+s~impact Fee Schedule
Task Dates Assuming that we base Land Use
Assumptions on Market Forecasts
Council appoints Adv Board 17-Mar
Rust briefs Council and Adv Board on 24-Mar
market forecasts
Rust modifPs forecasts as appropriate 31264/15
Council sets hearing date 21-Apr
Adv Board recommends land use 22-Apr
assumptions `
Manda ury 30-60 day public review 4122.612
Council holds public hearing 2-J1jn
Council adopts land use assumptions 16-Jun
AOT1Duncan reviews existing plant info 3118-4110
AOTIDuncan prepares 10-yr CIP 4113-5131
PUB review 1-Jun
City Council review 8-Jun
Adv Board review and recommendation 24-Jun
b
Council sets hearing date 21-July
Mandatory 30-60 day comment period 7122-8123
i
Council holds public hearing 1-Sept,
• Council adopts fees 15-Sept
EXHIBIT I
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Dahlstrom Writer') DireU Dial:
(214) 378.7947
McDonald, PLLC writers E-Mail
mcdoneldglandusetx com
June 30, 1998
Ms. Jill Jordan
Mr. Herb Prouty
City of Denton
215 East McKinney
Denton, Texas
Re Impact Fee issues Rased by the Capital Improvements Advisory
Committee on June 24, 1998
Dear Jiit and Herb,
At its June 24"meeting the Capital Improvements Advisory Committee raised
several issues regarding th^ application of impact fees to various 1 apes of development
The rc:uits of my research on these issues 1s as follows
ttypes of
• Is it possible to assess different fees per service unit for different
ypes of
uses? In other words, can the city create a disincent(yS for certain
uses by enacting a greater fee per service unit for that type of use?
• Response Chapter 395 of the TEXAS LOCAL Govt CODE establishes the
procedure for calculation of impact fees in Texas The statute sped! tally
dehnes'service unit" as
a ;;ton rdind measure of consumption, use.
ne tion or discharge attributable to an
individual unit of development calculated in
accordance with generally accepted engineering
or planning standards for a particular category of
capit„ 1 improvements or facility expansions
§395 001 (10) (emphasis added)
0 Sect on 395 014 requires the Capital Improvements Plan to Include' thetotal 0 •
number of projected service units necessitated by and attributable to new
devt: opri within the service area based on the approved land use
assumptions and calculated in accordance with generally accepted
8333 Do,gas Ave. sate 900 Da'las, Teas 7$2 ; Phrre 214.378.7946 Fax 21^ 178.1951
EXHIBIT 11
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Jill Jordan
Herb Prouty
June 30, 1998
Page 2
engineering or planning criteria. and the projected demand for capital
improvements or facility expansions required by new service units projected
over a reasonable period of time, not to exceed 10 years " Section 395 015
provides that '(tjhe impact fee per service unit may not exceed the amount
determined by dividing the costs of the capital improvements [attributable to
new development and] described [in the capital improvements plan] by the
total number of projected service units
These slat-story provisions establish that the service unit must be a
standardized measure based on to projected consumption, etc. and that
the maximum fee cannot be higher than the proportional share of each %
service unit Once the consumption factor is based on meter size, the
statute does not authorize imposition of a 'penalty factor' to increase the
impact fee per service unit for less desirable land uses
Many municipalities, however, waive impact fees as a part of an economic
development incentive package to encourage particular land uses to locate
and expand within their city limas. This practice is more fully discussed
under the exemption section, below.
• May a municipality exempt or watv3 impact fees for specific uses?
• Res~o a No statute or judicial decision specifically authorizes
municipalities to exempt pertain uses or users from the payment of impact
fees However, no statute or judicial decision specifically prohibits a
municipality from enacting exemptions or waivers from impact fees
Accordingly, a challenge to any such waiver or exemption will be judicially
evaluated based on general constitutional or procedural principles i
• I
Absent a provision in Oenton's home rule charter to the contrary, Ih.-
municipality has the ability to exempt or waive impact fees so long as it is
accomplished without violating fundamental constitutional provisions
• Must the municipality reimburse the impact fee fund that would have been 4
• required but for the waiver or exemption ? O .
ResQonso No, unless the impact tee is considered a tax Generally
` speaking, however, impact fees are not coos dered to be a tax - they are
development fees
I
J
~h is 32A0
f
i
O '
VITT*w
Jill Jordan
Herb Prouty
June 30, 1998
Page 3
,,Impact fee" is defined by the statute as follows a charge or
assessment imposed by a political subdivision against new development in
order to generate revenue for funding or recouping the costs of capital
improvements or facility expansions necessitated by and attributable to
the new development...." TEXAS LOCAL Goer. CooE §395.001(4)
(emphasis added) This specific statutory language defines the fee as a
regulatory measure and not a tax In contrast, a taxis defined by Article VIII,
§1(a) of the TEXAS CONSTITUTION and is required to be equal and uniform
without regard to benefit or service received
There is no Texas case law specifically addressing whether an impact fee
under Ch 395 constitutes a tax However, Texas courts have generally, - d
that the "(mlere fact that revenues are put into a general fund and used for
public purposes does not necessarily make them taxes." City of San
Antonio v. San Antoniolndependent Schoof District, 683 S.W 2d 67, 70 (Tex.
App San Antonio (4th Dist 11984, writ refd n.r.e.); eexar County v. City
of San Antonio 352 S W 2d 905 (Tex. Civ. App. San Antonio 1962, writ
dism'd)(sewer charge revenues which render a profit to the C!y were not
taxes)
No municipality identified in Attachment 1 as granting impact fee exemptions
or waivers reimburses the impact fee fund and it is reasonable to conclude
that because an impact fee is not a tax, no reimbursement is required
• Would an Impact fee waiver or exemption be appropriate for churches, non•
-11 profit corporations, development funded through federal financial aid,
hospitals, Habitat for Humanity, primary/secondary public education
facilities?
• ResOOnse See the survey of area cities' impact fee exemptions,
Attachment 1 Cities in north Texas have provided for a waiver of impact
fees for churches, independent school districts, the city itself and non-profit
organizations Others provide for exemption on a case-by-case basis before
the city council
O •
Many cities offer the waver of impact fees as an economic development
incentrva authorized by Section 380 of the TEXAS LOCAL GOVT, CODE I am
attaching several newspaper articles that describe the use of impact fee
(i
7'i x 32 x
WINE
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I
L. ~ j. 1 1 61.
1 ~ v t f 4 r ( I~ ~ f 1 f
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.
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1 V
1
Jill Jordan I
Herb Prouty
June 30, 1998
Page 4
exemptions as an ecenomicdeveiOpmentincentive SeeAttachment2. This i
type of exemption addresses the earlier question of whether it is permissible
to create a disincentive for one type of land use in order to encourage the
development of another type of use. Waiver of impact fees is clearly
authorized by Section 380 through the process established therein.
I am also attaching an article that points out an area of potential exposure
as a result of adopting an exemption for churches, See Attachment 3. Any
special treatment of a particular use can lead to general constitutional
challenges for such things as discrimination, violation of the separation of
church and state requirement, etc. As a general rule, therefore, wholesale
exemptions from imposition of the impact fee should be avoided
1 am still researching the issue of exemptions to further affordable housing and will
get that information to you as soon as I am able to complete the research. In the
meantime, if you have any questions, please do not hesitate to give me a call.
Sincerely, N
Brenda N. McDonald k
1
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ATTACHMENT 1
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Dahlstrom Memorandum
McDonald, P«C
8333 Dauglas Averue
$u rc 900
Dallas, l'ewas 75225
(214) 3 78- 7 946
To; Bren;la McDonald
From; Sally Gillette
y
Subject Impact Fee Survey
Date: June 30, 1998
Addison t no impact fees n/a
Allen wl wwr paou ROW no exemptions
Argyle vw,r! roadway no exemptions
Arlington wl ww! roadwayl park no exemptions
Balch Spr ngs no impact fees n/a
Bedford no impact fees n1a
Benbrook w1 wN (via auttlonty, not c ty) no exempt ons
Burleson wr ww _park no exemptions
arrolllon w ww ISO exempt
~r~ wl wwr roads City 5 ISO exempt
.edarHi _
L !burne no impact fees (2% dev fee) no exemptions
- -
;oppell w wwr parks! roadways enurol a 1:9 exempt via
Council only (generally granted)
COnntn Y _ w_wwl park dedication rio exemptions
Dallas no Impact fees rVa O
Desoto w! ww exemption via council only
Alf+ OuncanyTe impact fees da
f~
:oznrv
0
l
Ennis no impact fees n1a
w! ww no exemptions
Euless
Farmers Branch no impac, fees nla
Flower Mound w1 wwf roadway no exemptions
Fort Worth wl wwi reaawayl park some churches may be
exempt
Frisco wr wwf roadway/ park ISO
Garland w/ wwl roadway exemptions only vit Council
Grand Prairie w1 ww/ roadway no exemptions
w/ ww rcc exemptions
Grapevine
Haltom City w! wwr park no exemptions
Highland Village wf ww1 park ISO exempt
Hurst w/ ww no exemptions
Hutchins w+ ww churches exempt
Irving no impact fees rda
Kennedale wl ww exemptions only via Council
Lake Worth w! ww 180 exempt
Lancaster wr wd no exemptions
Lewisville V! ww ISO exempt
McKinney wr ww+ roadways/ park {res) no exemptions
Mesquite wf ww1 roadway ISO exempt _
Mineral Wells no impact faes nra _ I
~ Jorth Richland Hills w' ww no exemptions
• Plano - wf wwl park no exemptions
j Riciardson no impact fees _ nla
Richland Hilb wr wnN _ nonprofits exempt
Roanoke wr ww no exemptions
Rowlett w! wwr roadway exemptions only via Council
Earc wf ww1 roadway _ churches exempt
ke^ w+w wl r^adw9yr park no exemptions ,
is
a
i y t ,aw
1;.
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Sunnyvale w! ww no exemptions
Trophy Club water no exemptions
University Park no impact fees nla
N.~oMC Fi LES't a94'2 wNty wpd
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ATTACHMENT 2
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MULMFJ~
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' avwyrr
map"
Fite ]
I
JTH STCF'i of level 1 printed in FULL format.
Copyright 199" Stec •7t iegra- newspaper, Inc
NE fCAT 'dC7IH STAR-IEIMPA9
+ i
1, 1937. Tvesdsy AF.Lt!'GSCC1 AY ?DIIICN
ulY
:ECTICN: APLINGTON; Pg- 3
1,8NSM 513 woris -
HEADLI" Arlington City Council _
BYLINE: St4r-Te167ra'n
PoCY. _
The fo11Ca ng item4 are r hedvled to dms ands 6130, p;m3 at dCity
Arlington City Council meetings at :r30 p
Hall, 101 x. Abram 5t ALternocn and v.eran? r.,aetings will be
telecast :i•:e on the city of ArltrocYOn s cable chennel, City 5, ahi
will be replaed throughout the
Freeport exemption'. Preliminary approval of an nbecdiscussed
would rescind the city's tax on freeport property will
by a council cormittee at 1 p n and considered by the full council.
Coa.ncilman Sae Even last week asked that the council consider `
„doptlnd the ordinance, which exp-pts 3OOda stored in the state ter f
leis thar. i,S days from kcal tare: ; recent r3cketability study
aha.ed that the lsck of3freerc-t -.e-rrtoien has p,jt the:uringat a
_ new
cerpetitive disadvantage w~en
bu9lcea,teTexas 160: A public hearing on a land-ise plan for the Tees 160
busines; corridor that was er.tended la9t. 'c nbeclitll acont property City
-
a-.-,er Cwld not bn present t~ aiaese iue
:tiff has :•::?ter de: r land-'.,ce plat that fa+:rs t're eorridcr being
it eloped a: in er,Flc}rent cert'r, bht cc.r,cll renters are 3140
versr:n ~I a .99: Plan tL Y. .nclaied sorts
int•e•sted in a roiiftad
industrial de': vlap rnt. .
T^ta-cc ban, A. 11 a.m.. the cocncil'y Youth Actil'ities Ccrrittee
would ban tobacco pcoses9ien for
will discuss an ordinance that .
~I + people yo'inger than. Is. Such an ordinance was passed by che91
Legielature, but It will. not cake affect until San, 1. The proposed
Qrdinancl, would be it, effect from Aug. 1 t.v Jan. 1, Aseiatant city
ittorw-y Barber said
i t
Downtown plans CC~ntv.n W-ir.gton Ire . I private group that is
p,_eying the le italitatior :tf d:.Tte.r. will as% for the city's ,
ccrmit'a•tlt t, the p.ro;eet j,r7ri.3 tie ^a:nc: s : 30 p.m. .Ork
Se."icr. `.he ar3anlratior will !tief tl.e eaun nil or, •he attend phase '
of its revltall'ratiOrp plans. as well al ask for i•9t, 000 that nl5o ce•c
for design an,i engineering L•.es asst=ratedwith r_var,ping
i
~~bu~aAr
25 x 1 0
32J❑
%
%
VOLVO
THE. FORT `.NORTH STAR-1ELEGRAM July 1, 1991, Tunday
and S 30.000 to S 50,000 to ply for a study en tax increment financing
Creekside developrent~ A developer :s planning to tuild a gas
station on the east bank of Qohnson Creek, according to a staff a
report. The project is important because the city is watching
the pment
construction carefully because it could have awbearing
g on de
along the flood-prone waterway. The project, r of Lamar inrthw
of l they creek, Tthes re360, ports states. fill in
thee l0ocyeas floodplain Boulevard
break Aetna could Set a 25 percent reduction on water
and oeweY impac ees oseociated with its new regional service center ' r
if the council gives its approval. Ouch fees can be waived because
the property is considered a target industry, is in a d-signated f'
employment center, creates a significant nurber of jobs and provides
major economic benefits to the comm.nity. The now 140,000 sQuaro-foot
building will be built on s 9,S-acre site on the south frontage road
of Interstate 20 lust east of Matlock Poad 1
Li+NOVAG? EN3LISH
LOAD-DATE. August i9, 199'
I
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;,t{, ate, ~ , ~ 1I~~ kjw~ `3200
amanss k'
,,Yoe rus
it
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61H STORY of Level I p n need ir, FULL format.
CcPyri ht 199- 8tar"Tele?ra1 New;piper, 1r.c.
9 g:~PTH SiAP.•TELi GPA:1
IHE F'.FI
Apr11 37. 1791, 51rday FINAL M E"TIOtl
SEcIION ItEWSr Fg. 1
LENGTB 1934 words
HEADLINE! Plan would g-ve ;trot utility control, six exemptions;
weatlak♦ leaders draft the deAl uZ clozed-door mediation meetings
BYLINY. MILES MOFFF.IT, Star-Telegram writer
SODY+ V'.
WESTLAKE FOSS Perot Jr- udder a confidential deft agreement
with town officials, would be able toeveloSehis ooe,trircle I F-Anch
exempt from any future town prop- ! taxes, powerful municipal utility districts and use Westlake sales tae rep
revenue for "public amenitiea" and infrastructure.
The agreement. obtained by the Star-Telegra" is thA result of
eloved"door medlltion secciene that Perot ani his representatives
have had w.th to'^r, officials since Febr.ary. The draft dated April
1. hat not beer, fcteally appr.':pd b} "Wa ttficials.
;.lderman Carroll Huntceaa acid he has nct pct his atarp of
approval on anything, saying yesterda/ that he hoe ,not seen the
document " ¢ut Alderman Fred Held cirsorred the draft as a "give.'ay
program" that he would act support.
VAyoz Scott BCAV ey said the agrteatnt has nothing it it for the
twn and could result in A heavy tai and fee Virden for Westlake
reel dents outeidq the ranch,.
Or. cf tt.e me.t diaturbing +epecta of tte A.rss'rent .s what's not
cy. for rte tc.rn " 7radley 5116 - "This d:cument is a
In there p[etecti
one way atreet that crly runs :n fa'.cr Jf let ,
Perot officials decline. cc d: r_uss the r3 -ter in dapth yesterday.
I ,
siting rontidenttall ty a?ree,enes. trey q'.•sticned ,jo in their
orgrr,iration might have leaked the .ocurene.
s
"I can't t+1k about anything in cediat ion 'said pick Patter soa.
pre::-lent of ferct a Alltsnce Oe-'Icpr.nt Co 'I een't talk about
6%-lttirg tt.st it reli^.ei to a: it vrl. cal ago_•renc All I can sty :A
er••t h.1 t? and
:rat Scott ttadley in6 Fred Feld h1 a baeFe re b1le ini r,edLtSon.
nc agtee•renta ha^e teen, tslkei ab=sit vyn•-
Brallel pieviCueiy refused to c'raen4 on the loft Agreement,
` c1•in~ the e.e.iaticn B•it he agree:j to ]isculs the 'stter yesterday, Q '
^.eetit,st Circle T PAnch
raylug that Fatierson. "in s p'r.•'u 9 '
1J
25 32AO
0
'
pagr i
THE FORT NDRIti ST.tiR-TELEGRAl1,kpN 21, 199", SJnda}
started talkit+g about whit was being ne9ct" wed in media a or. "
hit circle T bazrows featured from fATncue
Pe 'w.
rot's vision for
developments across the country, mer3ing h;mes with golf courses,
corporate offices, big retail sides, apartments and 9reeribelts
,round r, hiscor"l,ke .Texas Iowm^ sTuare.
Wt his l r n
Lae' Perot rollel° e5tlaketecidentcat his Circle T Rsneh
"living too m" meetings
awse. Reviaionz to his plans include a high-tech industrial park on
h '
the 2,50e-a^_re ranch's western elge.
-We spent Veers working on this land F1'n nited States everybody ad and s this
great vision of a truly unique city in the Perot said last
community unlike anything this country has ran,"
year. y.
ow
also lsat week. the toys eldrre❑ authortr od their n It
attorney, n511 "-o" . to negotiate at, agreen^r.t witA Perot or, bey oslna
of the to'wn' `teachgsnra9[e^-Flnetwith femtibeforeSSacurdaylr
any att-mpt tU
election.
Aldermen FO'ward Culley, Al Cien and :arty Hoeza could not to
r-esched to comment.
Some officials, including a state utility official and weatlske's
Lotmet plaanez, cr esttened the Plan's unusual atlioe:for, of to .T
powers that give Perot broad latitude.
The cnly thin3 rlssingd one cooterdei, ie senir.q powers, which
Perct his teen seeking through '.egiel,:ion Ponaored by crate Rep
V ar,cy ~'c!f at R-Southl aka
th
•9ne o: the Ke}' :hints :c :hr tl.e+'t. •ryir,g t0 ore-empt the
a411it7 c`- s r_'w" to take a P`s~t' .e3isls"lcn and ccmni: future
";tmr-c Ton. via ....r Ce,-, a Wiiatr said. "Iha:
cr:rCilc to th•a:.
take, swap a tight of the town i
of
if the duly ele:nt tn-aldtit iythey to r.nOLn dO ili, decide that
this ie something they wa
the draft •tcs cut a :cries of undtr;: and/ng°'roaezt Yg taxe s to h'o'o Ir. the town will em''pTafLer"deve1apmentaplar~etwillptepappro.rd
'he Cira! T Ranch
A.^c ng the cpecifice
oz .
- ld nit ';ee'K e,f'pctt or participatt diTe':tl. i
sco Y:e
Westlake 'wou
l
inlirectly jr. any re?ueat to the et" 'e Le gsla:ure" to di the
i Q
districts,
to
.1a~ 1,~ - aP~tN w°S 10
.aaa[as4
r.
Pages Ii
THE PORT %0RTH SSA&TFLEGRALI April 21. 199', Sunday
Westlake would not imp tee upon tt.e Circle r Panch or any users]
of cuatemere within the ranth "Any impact fees, capital recovery fee:
of other taxes or fees used to pay f"r capital imprev_met;ts
Westlake would not levy ad valorem taxes on the Circle T Panch,
and the Circle T public infrastructure would be funded solely by
taxes witl.ln the districts.
- Westlake would conaider dedicating a portion of sales tax -
revenuer from sales occurring within the Circle T Ranch for "public
improvements and amenities" on the Circle T, such sas artownshall,
amphitheater, library, perfor*ing arts center • Weetlake and perot's Pillwoed Development Curp, could "create a
parch" and finance tietr,blic infrastructurewithfaathe Circle T
cessments on the
Aanch" and anc. the p'
. ranch.
t to sideett usual municipal
C
thef is for watallow erlineeand road projects by establishing
approovvaal l q guuidedellitnees
en
inane approval between him representatives and the town. For example,
the town and Millwood would "we.,, together to accot^odate each
other's requmeted charges to the [master de'.alcpeent] plans.
A:corling
-as draftSereciproeai" language thats. among
attorney.
other things, wcu'.d provide that the cow,. receive assurances from
Perot that he e,tu:d rot suppcrt legisl+ticn aftecting the town's
pc,r_rs
eut Morgan, along with Town Planner Dennis Wilson an Town
y after
Attorney Paul Isham. was fired by
the last mediation meeting in late March. yo meetings have taken
pla x since, accordinq to Patterson and Bradley.
Huntreaa and Dudley have said the cons•aitarite were fired, in part,
tecause petct has staff experts with his utility districts wro can _
P.erl:rm the sore functicne.
1
Pes-`r_d at hQre yesterday. xorgAn dt•::irked to discuss the- ,
d^cueent, ^iting the ccnFidentialit} agreement 61t, }.e Said, he had
drafted "t"ripe^cul" languaze on behalf of the tc,mi and delivered the_ E
n documents to 'own Hall He said he does not knew what has t^_eore of
the documents
Bra4ley blasted the proposed impact Cr_ exemption for the Circle
T, hich covers 60 percent of Westla);e Town leaders have long
i
i expected thet impact fees along wltn sates tax revenie and franchise ~
C.es will be the to.n's aaminart source cE re':enie ai.d the wa; to
avw:d prop^_rty taxee
f
-in Ty eyes, the only rea.tn we ,oild hive to have an ad valorem
•.e:t is braise the} Pcroc,mp aniea wouldn't be paving their share 4
;n levels yam ent Br+dley said
- - -
Al~
25 Io 32x 10
s
Fiji t
THE fORT w'ORTH STAR-TELEGRA%1 Apol 21. 1997. Sunda;
Under current la'+. Perot 'i control
of rea
to l. expensea districts the 't, lit - y him to shift what ate usw his de:e1:F
of roali and •,•aterlineB - co future xestdm!eotdiyaoiver[ham,tsaying they
and other levua, Bradley has lei the ro-e
,
conflict
with the ta.ml'e alms and could saddle residents with taxes and debt
At least two aldermen - Huntress and D,Jil ay • have sided With Perot's
position on the districts, saying the utility districts are here to
stay
critics of Perot's Plans to de'elcp and control financing of the
circle T say that they conflict sharply with the town's co pr
plan and they ignore normal checks and balancea.
Sam Jones, rinager of the district alministratien sea ion of the
Texas al Peac'`r'ctally impact Commissicn, of rclb
OVT
the prcovv1iSsIons
receive ani possible e property taA tebatea - is unusual.
"I've never heard cf an agreement like chat,- Jones said "Theie
are several annexation bills fl-acing around the Legislature that
allow districts to enter into agreerenrs with cities to poatpo~e
annoy slid the subsequent dies olut[on. And there's SOnt cities whu
have entered into tax rebate agreements.
onerous.'
9
"?ut I":e r.' s[ knCwtl one co be that he said.
Ibe pc',,p for utility e distrlct9 that cOVer the
dJnt family io the 1990% and
..are tell; formed by b'y t'
tr anaictred to Perot when he btu?ht t!,e proFetty in 199J.
Perot first publicly presentel plins for hia circle T development ,
rn June, drawing criticism from residents and toys officials who
rerarked that the proFccal was to, '-'ague and that it conflicted with
the ten's nast•: Plan
At the eaaA tile, Perot irirod',cei a FroposAJ in which he would
!insane circ:e I 1nIf ra YtII ,re And st^e portions outaide the ranch
!A:eS can fGi enJe. tinder that
stn Abe,! S 3e en lion in to-r
"tra!' Id fcfrei to n1ioc hie representat
e a to
ente
agmrBakeedmecnt i!i a crr on dish w*en: of f: is and terrain n d dve%g'- F
withln the ranch.
the rc teals, Baying Perot alread} y had
Iowa oft tax balked at F P
the ultimate e tax statement because the tcwn levies no property taaesdia![icu
their aim to tl a.o:ve Paris's utility sc ~i
'i h. ey reiterated
the !e•-m, cv❑li de'.elop master utility plane and W7uli disetI a the '
P;. ear ct repress nc Ativr: said th_yer
a a tinar_e plan for the circle '
u'.:li r.iee
distticta an:^ it the to•m'. •7rr _e. t-
0 After the rxo sties thceatenel to tyke their efforts to the Q
iyialacure, Sen. :are l7ets3n, F.•Fic':er Hcuni helped sec up
I
i
R I
adit III 11~: 11 gi 11:, 0% It
pal 7 32 x
nmwa
p , 7
THE FART RORTH STARIELEGRAM April 27, 1997, Sunda}'
^mediation seseiona" to help the two aides reach a eamPromiee.
Shortly after mediation r'.arted, livntrese, Dudley and Dien moved to
e sannex Stagecoach Hills fivr. the town, saying the area had re'+ar s
been nnnexed. The more came a week after n oft lkeei [lied to
bee Properly ilit^ di
critic of Ferot'e circle _ 7 propcaals and ut z
run for alderman,
P.e riding and other .Age,cach Hills ot n'zdtheaalde rn~eaEroe removing
Tarrant and Denton counties seekir,5
Stagecoach milli
About the same tine. Tim Francis, a merter of Perct's mediation
team, drafted a bill filed by Moffat to Allow the utility districts
to enter into an interiocal agreement that would give the districts
entraardinary powers, including ron!ng abiiity. The bill has been Put
i'
on hold,
i
state p"t ii safetyrcommissi-rer reparted is a
fecre;aty's office on ht'-' to temoee P.ediing ftom the ballot. Franci.
said he made the "move or, behalf of the tc-n. " and no. Perot.
In the meantime, all the slderman except Hill have ASgreglivelal"
-
,ought to cast the mayor. Bradley is now soheduled to go or, 'tr
at 11 a.m. TueadAy. The hearing was inlti Ally set for Monday bit no I
official agenda was posted in Town Hall `
'n seettng Bradley's ouste,, the four aldermen have said the mayor
orchestrated an illegal in:.exatjon of ste turnr Hhas ill suandimproperly
removed tc'.n meeting notices. y' i tenovaI t
hearing.
aldermen, charging Blander and Reeking to a,'014 A
But a temporary restraining order it etayed Fn day in a state court
of appeals
In re.c+n• uptoaricus E +:o of Alder.sells rt _n gace residents hae
oily stntrd that .hey tmlie;e
:epee:
Fecct'e tehalf.
Ferot officials have ropeateily ii irv.wit t restderte-et•it.e
something they atrescei in their t 3s
Circle 7
p who has tern c:icical of Fero-.,S plane bar the circle l t
Plat Wilscn,
T fanch. seid the citr:mstAn:ea indicate o:her+ise.
v m cons^+ntly at how intricately this whole thing has
h^.rn ^rcteat r+:ed. wil,n said. ^It'a giv r3 them almost the ea ".e
Fowezs of a town. It '^'eme a:etythini h.i been pat into Fla a before
. ere are some br hl1lant mind+ behind this.
. lavl r,g itself 0,4r
have beer, occurtir,g, O
y 'When Y='+ Ioct at +11 :ne e'erts eha:
1i ~J ebvltusiy evecyon^ wee. c~it 1^cse for a fete r,. The! were all working
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THE FORT WORT the cttiar direction. "
MAF(gs Star•tele7ram
LANCUA7f ENGLISH
IAAC-DAl?: A'ag,st 20, 199'
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9TH STCP.Y C' Lei'el 1 printei in FULL fornat
Copyright 1996 The Dallae mL:rning News
THE DALLAS mm!'Na NEW3
Decenher 13, 1936, Thursday, FPLINCTO1 MCSL"41143 NEWS £DITI.N
SECTION! NEWS; Pg IA
LENGTB: 700 words
HEADLINE, City agrees to canyon land deal
BYLINE: him Acrner• Staff Writer of the Arlington Morning News
BODY
North Arlinaton residents' dream care true Wednesday when the city e.gned a
deal that will preserve the heavily, wooded area known as Crystal canyon as a ri+
luDlic park.
"It's unbelievable." said Lori. Polk. •.he lies sear the )e-acre property on
Brown Boulevard near Calling Street "We're ha••ing a party.-
Irvin?-haaei developer JFI, Inc. 3a':.+ the prise reAl estate • valued at up to
1 2 million • to the eitl• to eompensste fat bu'.ldoring hundreds of trees last
month to clear la^l for a scarth.est Arlington, apartment prole:t
JPI violated Arlington's tree ordinance wnen it cleared the trees on Noy 17 1
to ma'r,e way for a 524•unit pra]ett called :effrraor, in the Park, at A
Boile-ard and Fielder Foal
The ordinance reTiires Stvelapers to preser'te or replace a certain mrmber of
treea based on a complicated point spsten JPI officials have said the
deatr+ctrcn .as in accident
in t>'thvn3e for giving vp the c'.cistal Cs^ cn property. JPI received of S
rre;k on i-pact revs the Tity chatgea to offset tha c7st of providing
ee','er, parks and other ^.er ices to ne'O prol!cte, city :ffieials said
i
Also, JPI Will be one-pt fro- hiring to replace Lh.e r;.ah,Ye Post ra!: trite it
destroyed in Southwest Arlington, .hich cold have cost hvndrada of thuvesnds of
dollars, according to figures provided by a local Iandacape architect However,
the developer will have to Pant an undatermrned number of trees to meet the
city's landscaping regritemtnts
i
The deal Alec relieve, :P1 of almost daily sails a%d letters of protest iron
>icreh Arlington, reaiden•,s, '.h•c have fought the de Pelape:'r. plane to mild 25:
towchn-es on the crystal C,nyon proper :y. 'i
S^
":+e sort them !"ntlgt'nas cards tc let t.`.e- draw we '-ere not happy abut them Nt
` coming into our neighborhood Hs. Pol§ 1)14.
:PI ufficrale could not De reaches for comment Wednesday night. Q •
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THE DAl LAS ?loRtiISG NEWS. Decemhz 19, 1996
City Manager George Camptell lauded the dasl as a good solution to a
difficult problem
"I'm ccovinied the deal is a real benefit Moth finsnoislly and
envitonrrentally co the citizens of Arlington,^ Mr. Camptell said after si5nirg -
the agreement shortly before a p.m. Wednesday,
The plan amaa North Arlington
City Hill meetings totprotestrthe project. rea Tne City Con petitions and nd packed y who
complained itowould increaseetraffictaad destroy adscenic wooded area,
by giving up the land, JPI loeea a ptime piece of reaO estate researchf the ' estate in one Arlington-Dr'd area's hottest rental marv.ete, according
enperts.
The break given to JPI rn 1+rfact fees esusls the amount the city Bet aside
17BSOmlllianrpark ytcrl buY the CCYStAl ty go before voters :anar18. the r r,
Pur the land likely czars more than twice that amount.
A nonprofit agency called the bust for Public Land, which has teen workin3
woth the city to buy the property for a future park, hat' discussei paying about
S 2 million for the land, Austin field office director 1!d Siff said. That
figure was based on the a~, cy's eutiM.ate, but the pro}stty hasn't teen formelly
gen
appraised, he said.
The Tarrant County Appraisal Ciatrict valued the land at S 759.597 in 1995,
but the appraisal has more than doubled to $ 1.1 million for 199'1. said Debbie
Cabello, Manager of commercial appraisals.
JPI's tovnhome plane boosted the ptcperty's value. M.S. Cabello said. North
Arlington land prices have increased in recent Yeats, as the ateanhas become one
Lr Tartar, County's fa nest-7rowing multifamily markets, said ocXni.
research ataiyeta for M'PF Peeearch Inc in Dallas, which has do'ae market
research for JPI Cf the 3.200 apartment units tuilt ir, the county since 1990,
unit; sere located in 1%rth Arlinit Dn. Mr. Heckens said,
lCi
1
cry%~11 canyon .12 the of lss' and:•elcpef parcels of multifamily land
_ :n Yorch Arlington, unich has 19. S.C a; w Mert '_nits Shat nu-her .Sees not
I
it^-l ae ,Danhor,en,
'Ft, ,.e J.CI MAY be giving up a parcel '+ctih S 1 million, it's imp:saible to
. know hcw much money it would have Ted to speni to replace the trees in southwest
Arlington. I "
VACHIC CNCIj (Si Arlin3tor Rcrnin9 News- Tom FOKI The city has accepted a
JPly Inc.
ek per 'r offer ,pof the C;; sO YSTALy CANfyJNa DEA:F1 will L Apartments Ai,.-eanIc$ 800
wreak on fees. „ i3 `At^ by J
]I
~ tr will live the city the controversial Crystal Canyon site to czmpenaate for
d.atrrying h--.,ndr0ds of trees ai tM lite of another multifarrdly project in
r Szuthlest Arlington JPI ,on approval frTT City Council in October tc build 250 0
tc',T,euaes on the Cry+t•1 C+n,'on site deept;9 protests from hundreds ct
neighhote
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127H STORY cf Level 1 printed in F'JLL format.
Ccpyr13ht 1396 the Austin A:rerican-Sta:eemsn ,
Ajatin A-er1can-5tatesman
Sane 2', 139,
S::CTICN. Business; Pg. CS
LENOTB; $01 wordy
HEADLINE; Pound pout neighs hoakap fees' impact on prosperity: Whether feels
should remain free is new an economic development Question
PYLINE. .erry Mahoney
BODY.
Po"LIM POCK In 1390, Fcans P-3ck stopped charging companiea to hock up to
water and seer setvic-r for new buildings in the city The move was seen as an
incentive that would help attract emplcyers to Round Fctk and bring it out of
the economic slump that had hurt the region sine- the mid-1990x. -
Six years later, ftoand Rock is a thriving economic center of Willismson
County, one of the ccuntry's fastest-growing counties, and it still doesn't
che:ge for the hookups.
Tonight, the Pound Fock City Council will hear a etaff sport on the effects
of the businesa•frienily policy that could pr;cept questions about whether it's
still good public policy No vote on the fees is scheduled
:he charges, kncwn as irp r_t Ceti sip sveet-imea waived as part of larger
in:entive packijes designed to lure businesses to communities The big part of
4reentiues sre abatements on property and sales taxes, which can amount to i,
millions of dollars,
Itpact tees range fror„ a co.ple cf thoucund dollars to !ens of th:ulands of
dollata. based on the a^.our,t if water a fs:ility will use I
New houses in 7euni F-zn are assessed 9:.SPe for water and sewer hoc k.,,a, {
suiliers past rho fees or, to h-e buyero
rn If the :ouniil reinetatea -ht fees at a fu!,ure melting, future major witer
users such es the fi:l mi11101% :',,'press s"Wrilv:ter plant under construction in
Ii Round Pock would be charges rocre.7pcndingly more for the city services.
I i•
Meyor Cnarlie Calpeppor, who was on the council in 1990 when it voted to
ell-hate the foes, 1311 he is undecided in Impact fees with Round Pock
enleyiog strong ac^,meretal and retail gro.th the city prepumably lcesn't need
to offer the incentive indiecri*inately, he said
.
-en the other hand, is it r•a.ly hvr[in3 ua+ . Cvlpepp• -t eaid ''If it ain't
S bit's-. don't fix is • •
still, even it e'•ir•hinc is in g:cd wcrY.irq order. the city mines out on
za
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Austin Arc:ncm-S0Mm3n, lunr 27, 1996
waiving fee
n revenue by avtoma '
thoasende i:SCa11y tF,e
w - do is cane tiarrhe" said Jim N's,t
tens p! of dollars 'q council
" we may be the tnly ones h_
11 deliver his report on the fees
at
.ho
director of p'+bliC MOLRe
tonight.
ed to estimate 'dedneaday how iruch money po'ind pock has fcregor'e
He declin
since 1990- _
['eorgetom, like Round Pcventweivedlfees sevedastopped chargingthome abuildete
economic grevth. Georgetown
for their hookups cheL31n9 home
:n Jen';Aty the Georgetown City Gconnections. nLots the fees
Dul;doze $Le75 for water and ea '~+ec Lots that ~Le a said Clyde
before the ordinance vas passed are exempt this year- Home builders vho
the city only half the lees next year
already recorded their lots vl.n?e aplanning for Georgetown. - - r
von Posenberg, chief of long- y
FzOJandeete cover ncrhoeasokule s. in
industrial City of Austin ckasgaa 57, 1a5 for residential water
Yha
cicies, the f''ee [oc eommerclal end
Like other
L r water used.
pro{:rtion to the aTOunt lot Gu1DaPper said that even Sf Found Rock reinalv.nd Lthe hemtas s inGentives tOrsr he
'ould want tha coun=ecruiteep the option o1 g v,
:Tployers the ':it/
"Put then it stsrte co make it a political thing," he ca'd'
walvirg Impact !eels is a small incentive lvenared to
Even re, Culpepper said
coy abatements and Partial sales tax abate tax pound a Rock hao g
Cyprsil In abatement cuvld total
property `r
e mdl .l s Computer. slorerlSGsyears. the sales ax
tens
LCAA-GAle- June 1~. 1995
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11TH STORY of Level 1 printed to FULL fotmat.
Copyright 19)6 The Dallas Morning Ne'~4
THE DALLAS MCFNINI NEWS
July 5, 19)6, Friday, hon FINAL ZDITICd7
SECTION- NORTHEAST 1APPA"1T COLWTY; Fg, 1N .
LENaM goo words
HEADLINE, Suit may be filed on land deal;
A'atauga and church dispute ACLU Stance
8fm m Kendall Anderecn. Staff writer of The Dallas Morning Ncws
BODY1
The Az,eriaan Civi'. Liberties Union is considering sr-19 the city of «Sti'194 and Hsrvert Baptist 'w,;rch over + landuan agreement.
An ACLU state legal panel revielled the cage orednesday an'l ccncluled that the
agtecment governing the northeast Tarrant County city's purchase and uw of 1)
sties of church land for a park and sports fields may vlolate the state and
federal tcnetitutionS.
The ATL:- is seeking a1 atte:ney to proceed with the came.
^ke haven't found a :arc! that'S this en;ar,gfed between Chutch and state. We
usually talk about these cases for a long ttr.ebut this one was Crystal clear,"
said Frank Colosi, a Fart wcrth la'.'yar who was a'tong the six la'qers on the
panel, "This is really a lifetime F'%'^_netship the city and church have created
here, snd t'm not sure any tits' hie dared to do this."
The ACLU inveatigater agreed to tevie'-r Z`e agreemr_nt after several Watau)S
tetidente corplaiael.
The past:r of Harvest Eaptist Chir:h and city officials said they were
disappointed by the ACLU's dttiaioo bvt .err rot too worried.
"t'm disappointed this is going on . thcaaho 'Z! Struck a good deal here," - J
said tountil r.emter Harty 'eft!:ea
as y
i Pastor Ollin Collins had eccarge: wordy
• "The ACLU can decide what they wan:, but there is nothing wrong with this
agreenent he said The ACLtr iu no Mare going to get this to !curt than i
j 'hey're yo ing to get s ran on the meth
Puasell ? Caranfa, tht only coin:il r•.-iher to vote against the 1%nd-uee
agreettnt, gild El vac rct s-utpti:•l by [he ACLU's deeleiol
c ,
'Ny c.ncern then I voted against this wrs that we were spending public tar.
d
:rey tv tea:°ate church property." he said.
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THE DALLAS htopNjNr, NE1A'S, lily S, 1996
Church
the agreement, wataugl paid Harvest Baptist $ SJ7ty for a
.
31-e:re parcel that lies in a flood plain between the chareh Ari City Hall The
andymaint ado rwo•eporte fi liars nA+i7 +rer.t icbt rehdptoperc}' I..nd ar~d to build
on it the agreement, the ch,icch 4111 have priority In using the field: prapecty before 5 p M. cn 1Choo1 days. The church also could be en"
t fiom
paying S 1e0.o00 in drainage and parking im;lCt fees.
The ! 110,000 in Waived fees should ccnoijote~' a part of the total cost
for the property
city efficiAle have repeatedly said the city is getting a 970d deal because
it paid S 131,000 for land valued at more than S 710,00D,
' ACLl1 officials say the church's preferential use of sports fields and the
city's s3reetent :o maintain the fields are inappropriate.
rederal Is. ptohiLits public entities trim giving tax dollars to religious
inatitucions. The Tense Ccnetituticn prohibits '-ities from giving anything of
value to private institutions.
"whet the city neelol to do was buy the land Y" dd,nltMse9Colo,e a mastiage
jr, the course of bu r. the land like they did here,"
Attorneys ''r "hO city ani the chr-Ch could not be retched for c:o,ront
wedneeday afcernccn
city otficigle have teen working fcr rere than a year on an agreement that -
would help them curb significant flccding ani add parks In the city o: 21,000
I
They have also said their slte7nitiveee'tohthewell tntS 170Y000 the land at
market value or condemning it
oftthessportssfields few
residentsrabeuttthefch irch,shprefec'ntis, usec
r
"Crive around to any of tYe city parRg in tte Dallas-Fort 'rertar,area during
sth:cl hours, and ~cu 11 :ee. they arr e-pty, said war sage Cit7
~Paneea To is, this .halr agree--n'. is a h_•te-r use cf our tar. dollars.'
far 'clung Ct the rh:r.h sail he re,s thm ACLU. as st o is r, chat the '•'hcle
^ pa:kagl test the city $ 117 , . irstesi of S 112 0:0.
i
Y.e said the waived impact fete represent "sit dollars" that the city doesn't
have to cote up with, 'I
I Jerry Adnme It among residents who have criticived the lani•uae agreement,
feel good to thing ecmeboly is Clna::'i doing so^ething about w'hat': going
cn In the city of Watauga 9111 Kr AiA-a. after learning o: the ACL'!'a
d•c1!ica ,ratden the exparsaico. but tin. c}.,Irch got a hell of a deal here, Ana
e •rr taxps-,erewho pr-babl; aren't rare tf 1t. got tie short Ord cf tte stic'n." I ! •
rie Sperling, dlret"cr c! the AJLV'e porch TeAas legion said the
Car
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THE DALLAS MOR'N'ING N'E'WS, !u.) 1991
organization wants to see whether city officials are willing to charge the i
agteenent before deciding whether to rescrP to legal action.
',lde'll be seeking An Attotncy an9 continuing to investigate. Be don't know
lit this point if the city is open to say ohsnges." Ms. Sperling said. .
Mr. Maness, the city manager, could not be reached after the ACLJ panel made ,
its decision. While the panel was meeting, he asid he wasn't closed to changes but said he didn't think any were necessary.
"It upsets us that critics would go to this kind of trouble to create
ba'1 publicity." he said "We're paying lees than market value, and we're making
acme Improvements to land we still have use cf. It's a good deal all around." ~
Mr. Colcei said that even if the deal was a good one, that doesn't diminish
I, its legal shortcomings.
"St's really not the ACLU's concern Mw the city negotiates its deals ar
whether it wants to pay full price for land." ha tail, `
":he problem here is what value is teirg exchanged for nil thte. At a
minimum here, there may be a violation of the state constitution."
LANGVAGEr WW N
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MINUTES
DENTON CAPITAL IMPROVEMENTS ADVISORY COMMITTEE
July 8, 1998
The regular meeting of the Capital Improvements Advisory Committee of the City of Denton, Texas was held on "
Wednesday July 8, IM, at 5:0 to m in the City Council Work Session Room at City Hall, 215 E McKinney,
Denton, Texas
Present Elizabeth Gourdie, Bob Powell, Carol Ann Ganzer, Jim Engelbrecht, Doug Chadwick,
Rudy Moreno, Ellen Hoover-Schertz end Susan Apple
Present from Stan Jill Jordan, Director of Water Utilities, Mark Donaldson, Assistant Director of Planning
The meeting was called to order at 5 30 p m.
1, Receive a presentation and provide Input and recommendation for Phase t Impact Foes and 10-year
Capital Improvements Plan, from the consultant Dahlstrom McDonald and Duncan Associates.
Mr, Engelbrecht. We only have one item on tonight's agenda. Staff member, do you have a report?
Ms. Jordan Briefly again, I'm Jill Jordan with the Water Department. The last time we met, there were a numher of
questions about possible exemptions, how they worked, and if we are doing those Brenda McDonald is our
consultant, she has done some research and would like to make a presentation to you all stout those questions, and
she also suppled you with a draft motion, which you had requested, (inaudible).
Ms McDonald My name is Brenda McDonald, and hopefully, you all have had the opportunity to review all the
materials I sent a whole bunch of stuff, regarding excepilae and what some of the other cities are doing some
newspaper articles regarding economicAmpact loots and that type 0 thing You knew, I think as we talk about
exemptions, where I'd tike to start is-when you adopt a recommendation, the beginning point is you want to apply
that regulation to everybody As you begin to carve out exemptions, the issue that you're looking for is what's the
basis that furthers the governmental entity for treating that group di ferenty. This sort of becomes an equal protection
question Sc, you 11 notice Ihat there are not a tot of uties that have very long lists of exemptions in the nee; oplex
Some of the reties exempt the school district, some cities exempt themselves, and there are some chu ch exemptions
and some non profit exemptions Some cities have exemptions by Vie Council on a case-by case bass. I don't really
recommend !bat one either because it does not give the development community a feel for whal tha rules are So, I
think that probeby you're going to end up with more requests for waiver than anyone wants bz look el. I'm not
suggesting ttial that's something you want to do either, but, there are certainly some cities that do that That realty
leaves an appeal mechanism and escape hatch, so that the Council can have one test look at the impact of the
regulation on the development And so, H there are any questions about the surveys, Ilk be happy to answer those
The other thing that I had on, cur planners (maudble) do today was to specifically call El Paso, Austin, and San
Antonio on the issue of affordable housing, just to ask the question of whether or not they are like neighboring cities
We It talk about that when we gel to that particular issue.
You all had asked some questions about the ability to utilize different levees of assessments of impact fees for
different types of uses and perhaps as a disincentive for a use of a particular group that you're seeing too much of
and you want to encourage a different kind of use And as I read the stehrte, I think that because the statute
specifically sell forth that you have to come up with a service unit and define clients service unit as a standard unit of '
measure besed of their consumption, and then it says that the maximum fee crinnol be more than your cost of capital ,
improvements divlJed by the total number of 30 units--that really tells me that the statute doesn't allow you to iden,rfy
service units differently There has to be an accepted enginnefing formula for coming up and defining the service
unit And, once thatb done, I think trying to vary from that would vary from the intent of the statute. Having said that
I think that you can vary impact fee assessments as an economic development tool And from the materials that I've
provided you, a number of cities are doing that That's not an exemption, under the impact fee ordinance, that is an
economic development tool separate and apart from the impact fee ordinance which allows particular use users to
come in under Section 380 of the local government code and request any kind of relief from taxes of infrastructure
0 requirements it allows the ay to participate as a partner in economic development And so, a number of the cities
that are using a reduction of impact fees or is waiver of these are doing it-nol through an exemption adopler' in the
impact fees ordnance-Out they're doing it through their economic development policies The Council can then,
1 under that economic development policy, put together a package of incentives to attract the uses that you're
interested in bringing to the comnunity And so, while I don't think that there is a way to be a disincentive for soma
a9
EXHIBIT III
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Capital Improvements Advisory Committee
July 8, 1998
Page 2 of 12
uses, I Ihink there's clearly a way under Seclion 380 to put together a package of economic development incentives i
that may include a waiver of impact fees.
The other question was--can a city exempt away Impact fees for specific uses? And I think the answer is yes. As a ,
home rule city, you have the authority to lake any action that you're not specifically prohibited from of speafcally pre-
ernpled from under state statute. And I'm not trying to proposition, that would keep you from considering specific
uses to be exempt under the impact fee.
And then (here was some discussion about whether the city had to reimburse the impact fee fund for the amount of
any exemption. And I think that the basis for that comes from the concept of taxes. You can't waive laxeli you have
to provide lot the capture of taxes, and you Can't forgive taxes on pass kinds of things. But as we read the
statute, the impact fee is not a lax, And that's covered in the memo, again, under the school district discussion.
Because its not a tax. I don't see and I don't find M in the statutory requirements. Ihal the city pull funds from
somewhere else to reimburse the impact fee fund II a particular type of use is exempted under the ordinance, then
the question is-what kinds of uses Can you exempt? And one of the particular questions was school district--the
distinction between school districts and schools of higher education And, can there be-or is there a distinction
between the two kinds of institutions. t think that clearly political subdivisions in this day are authorized as other
statutes to pay impact fees, end school distrkls are political subdivisions Distinguishing between primary, secondary
education and higher education institutions can be done because your primary and secondary schools are funded by
taxes collected from the citizens of Denton, and your higher education Institutions are funded from other sources
And so. the common justification for the independent school district's primary and secondary public schools is to
charge them an impact fee and lax the cilizens twice. And so, that is one or the more common exemptions that you
will find around the metroplex is the exemption for schools, and I think that there is a precedent for doing that.
We also lalked about Hataal for Humanity, as I know that they're very active in your community and' .,Caw that you
all support that And one of the cities in the chart Is exempt for non-profit. The City of San Antonio provides the
ability for non-profit organizations, such as Habitat, to apply to a housing task force fir a waiver of Impact fees for
houses that will sell for less than 675,000. I rid in that same arena, this City of San Antonio also has an exemption to
encourage affordable housing-a full reimf.ursement of water,'wastewater impact fees to developers whose houses
go for less thin $75000 insiJe the Loop. And so, they're encouraging affordable housing In the central part of the
city I'm not sure if that's a total waiver or reimbursement, but certainly they've established a policy of encouraging
affordable housing, and they've set up the p%ramelers from which the imps A fee ordinance will be available So, that
clearly is an exemption that has been utilized in other cites
The final question, I guess generally, is this issue of affordable housing Ihink that's one of the areas where you can
articulate the community purpose that would be the rational basis for an ex,-ption and prevail as some kind of
challenge for the organization. I think there s a response to most of the questions drat you've asked and that I heard
the last lime Do you have any questions about the materials we presented or any other type of use that you've
thought or since Ina last time of my coming unn
Well, I suppose it s an opportunity for discussion about what you rill as a group want to recommend to the Council
And I don 1 think that you have to come up with a particular mechanism. 1 think your recommendation can be, ' We
recommend that the impact fee be assessed e1 X value, collected at X time, and that you consider exempting certain
uses and we recommend these types of usps.' The recommendation can be general, it doesrit have to be
'imptementabon of (maudibre)'
Ms Gourdie After reading through all of this. I kind of was disappointed Ihat so many cities are using this as all
economic development tool to give Perot and other people incentives to come and build-which they're going to buil0
there anyway And I felt-I really would hate for Ihis to be a lout used here in Denton as an economic development
Tool I Ihink-I realize that we need development-but I'd hatil zee abuse wrl all over R And I would somehow
like to see us say that Ihis is a standard that must be set for commercial and residential alike It is not up to the
resident to just pay for water, commercial needs to do M, loo I Ill Ihal we have other incenlives that we can offer
through the electricity and utilities I mean-there are other things that we could offer these people as an incentive,
and I personally think that this would not be something that we should permit to use as en economic development
tool for our city There are other ways that we can give them opportunities to come here and develop That's Just my
personal opinion And I was also-I guess I'm kind of curious with this Section 380 local government code where the
cities can use il. I low would the structures be sel led? Like, in this Case With Perot- Is he building houses and stuff, O
too I'm kind of curious Is M the whole development. when everything comes in--evert the houses-is that all
exempt, or Is there just certain parts. Or how does Ihis work when you say it's an economic development tool and
someone's coming in and buying 300 acres of land How do yo, decide who's the developer and who's the builder?
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Ms. McDonald Bear in mind if you utilize Section 390 for economic development incentives, the city has to have
adopted a policy set up for what the economic development policy is. That really is separate and apart from impact
fees. It is a very, prominent tool, M1 is used very differently in various cities. Adington is fairly aggressive in pursuing
development in the 1-20 Court, so they have targeted that area to funnel economic development incentives Benefits
that they might want to use In that area they may not use in other parts of the city. Some of the newspaper articles
that I gave to you all were regarding the Perot deve:npment. and I was not privy it) any of those negotiations. As you
can fell from the newspaper articles, it was very controversial So, I don't actually have a great example. I was just
trying to show you that other cities have used it and that it is connected to the statute.
Ms. Gourdie It just seemed that it would somehow be-you know, like giving preference-saying, Vetl, okay...
Ms McDonald Well, If is giving preference,
Ms. Gourdie. True, but I kind of think that this is something that we as a community need to single out certain people,
like this thing coming up. Well, you're singling out certain people that can have trees and cannot have trees and
legally that's not correct. To me, this would be singling out saying, 'You come in and promise a development, we're
going to single you out and give you this whatever'-kind or like what the tax abatements have been doing, which
that's all here and aside And I just personalty don't want this to be a tool. I want this to be something that benefits
Denton and gives Denton what we need in order to pay for what we need to pay for, and that's just my-after going 1
through this.
Ms. Apple, I agree with you. I've talked to several developer[ since we've last met, and they're pretty much used to
the impact fees. And I figured Lni be disagreeing, but they're not-the ones I've talked to. I haven't visited with
many or a whole bunch, but-you know, several-and they're large developers that do residential and commercial.
So, I don't think that we should use it for an economic development toot ether, as far as exemptons, So, I agree with
that
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Mr. Chadwick. Another quesliun--on your letter to us, the staffers, your question-point number 2--and the
municipality exemption with the way impact fees are used for specific uses. Would you clarify the second paragraph,
it sets 'absence of provisions in Denton's home rule charter' Did you look-do we .
i
Ms McDonald I spoke with the City Attorney, and he did not mention any charter provision. But not having had a
copy of the charter. I didn't opt to. Some cities say that you re nor going to abate any fees for pafiicular use, end I
wasn't familiar with Denton's charter, and so I didn't include that. But I was not aware that there is that provision
kit. Chadwick. Ultimately, I know that will be resolved, but it raised the question and I was kind of looking for the
rnswer, and I didri l find it
Ms McDonald. Well, the City Attorney didn't tell me that there was one. 1
Mr, Chadwick. Thank you
Mr. Engeibrecht So in the absence of a charter provision to the contrary, the Council could at any time waive all or
part of any impact fees, as an economic development tool without any specific, stated economic development policy.
Ms McDonald No, Section 380 requires the adoption of an economic development policy, In order to utlize the
authority contained in Section 380. And again, I think we've kind of gotten balled up This is not specifically related i
to the impact fees, it is a separate Issue. It's an ther way to disincentives. It's kind of the flip of 14-incentivising
What I know is it can 'I penalize specific uses of Ine statute, but t was giving you another way to encourage uses but
that's typically not dean with in the in oact tees; it's just going to happen under economic development
i
Mr. Engelbrecht So, they can simply develop a policy, and that could take care of the Issue of economic
development exemptions, if any If I undo rsland what you said, in regard to npeowfic exemptions, we need to make
recommendations with regad to those, if vie wish to do so?
Ms McDonald Yes• and I think your recommendaliun will be helpful to the Council. I don't think it prevents the
S Cour ii from considering other exemptions You all are reviewing all of this technical evidence, technical information,
and making a recommendation, but the Council Is ultimately going to make a legislative decision, when they adopt an Q
ordinance and what goes Into R So. I think your input is needed, just like the Planning and Zoning Commission
makes recommendations on toning It's the some type of needed input.
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Mr Engelbrechl. Okay, so then, with regard to or relief mechanism-1 e., the idea of economic development- -we we
had iwo opinions. Would anybody like to weigh in on that issue?
Ms. Gourdie, I guess tt would be a message that we would like fi,d`•3r Investigation, and if this Is Implemented, that
we need to develop an ordinance which would require economic devet: pment to be reviewed. She keeps Idling us
that this is not a part of it, so, what we really need to decide is if we are going to permit exemptions, and if so, what
we believe would be exemptions as a committee. But, we cannot even consider tha' because this is just a by-
product.
Mr Engelbrecht. Well, it is, but we have the opportunity here to make our wishes known to the Council and what our
thoughts are in the recommendation. So that's why I sari' J anyone else has comments with regard to the relW
Issue-I e„ economic developmenl-why don't we do Ihose, if that's all right, and then we'll lack about spec is
exemptions that we might be adding to Cis motion
Mc Engeibrechl, Does anybody else have any comments on the relief mechanism?
Mr Powell: Yes; I think, that 1 brought d up last time I would have some Intereel in something that would
recommend to the Council that they consider the IrAil situation just because of the price of the lot. I mean, this In .
some rases will cost more than the price of the lot, and R Just doesn't seem logical to just do it IDO% of the bme-
specifically, low cost lnfill lots, for a lack of letter terms. Now, I don't know,..
Ms. Ganxer. L&e what she was talking about with the affordahle housing thing?
Mr. PowellYeah, probably.
his Jordan. Or like what San Anti: iio did for tow-Income housing in a particular area
Mr. Engelbrechl. Now, Nat Is a specific exemption, is 4 not.
Ms, McDonald' That is an exemption In the ordinance.
Mr, Engelbrechl. Okay. that would be In the ordinance as opposed to a recommendation to Council, with regard to
what they might want do to with economic development.
Mr. Powell But we would recommend tonight-we could fit everything in the recommendation, and we could
recommend speclGc exemptions, but
Ms. McDonald Or you could recommend a general exemption that you would like them to consider and refine, for
example, 'We would like the Council to consider some type of relief available for infill affordable housing.'
Mr. Powell Worded perfectly
his McDonald And the Council can direct the staff fo come up with where those areas are, Identity, and come up
with the criteria to implement that
1 Mr. Powell Or if, in their own wisdom, this is only a recommendation, they could ignore it
his McDonald That's rorrect
Mr Powell And I don't mean that to be sounding smart either. I mean they could say, Well, we don't want to do that"
and ignore it At least, wove thought about it. They've appointed us to think here, and to we're thinking
{ Mr. Engelbrecht. Bob, what's your definition of infill, or would you leave that up to staff?
Mr. Powell A lot that Is already platted, I guess, in the atyMs Garter In an existing subdivison that's already developed
Mr. Engelbrecht Anything like San Antonio did, that would be a fairly
Ms McDonald if you could articulate the streets, the parameter streets of s geographic area, ahere you want to
QL0 encourage Infll development, they can do 4 that way. I encourage you not to gel balled up In the implementation
details, because you may never gel a recommendation made
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Page 5 of 12 i
Mc Powell 1'11 accept that encouragement.
Mr, Engeibrechl. A possible way to state it in terms of directions is that it be consistent with the Denton plan. They
talk about compact roads and the issue of infill, and that's underway, hopefully, these two will dovetail.
Mr. Powell I just know there's a bl of lots that are going to be close to the cost of this or less. And the logk of trying
to put this on fop of the price of that lot Is slim, from my viewpoint
Ms Gourdhr neard two different things, though, One was what San Antonio's doing, and one's what Bob's saying.
so I'd just like clarification, When she was talking about homes that are valued at $75,000 or less, it sounded like a
division, not infill and Is that .
Ms, McDonald. Well, inside the loop of San Antonio, where virtually-I don't know it there's a Fiat of new
subdivisions, but San Antonio's growing
Ms. Gourdie'. Okay, rghl, I just wont to make sure of that, because I hear different things happening vdth words like
'infill' and 'affordable housing' and it's seems to be very confusing, I think that we need to be very sure about how
we offer this to the City Council and ni 4 understandable to where it's not confusing I know what Bob's saying, I
know what's being said up here but they're two very different things. And, I don't know if anyone else is hearing two
different things.
Ms. Apple. You can have infill in Southridge, but that's not going to be affordable housing.
Ms Gourdie Right, exactly, soft has to be--almost has to be speufically stated that, In this part of town-between
this area-is considered a lower income area, and this is where it would be, because, like you said, In Southridge I've
got n lot next to me which hasn't been built on forever. Could someone corns in and ay, 'Well, is this infill, therefore,
I have this waived and
Ms Apple. Yes, but these are pockets all over Denton
Ms Gourdie Right, so, it has to be stated speofically, we have to understand it or state it somehew where ifs
understood Ifs not just infill, it's infill where there is a need to build the neighborhood
Mr Powell I don 'I know how to wn,d d right now: I may think I know how to word it I'm going to guess that a tot in
Swthridge is going to cost 340,000 and up for one lot. There are lots in this lown that ten for $2,000 end up. And, I
don't know it I'm doing it right yet, but I'm trying to nail N down to a low income lot, and obviously you wouldn't build
low hicome in SOuthridge-a lot would cost loo much. 1 don't know yet how to word that, and fm not even sure if we {
should do this, but I'm thinking along thesu lines
Ms Gourdie I just think with all the rheloric that we've been throwing around about affordable housing-whats low 1
income to one person is rrd to another, and it has to be-I think numbers speak, and 4 just can't be a generic word.
So as you think about it, maybe you will come p with it, maybe someone Ase will come up with d. But we really
need to watch our general terms-such as affordable housing, low Income-and state specifically that a lot that costs
test than $5,0110 would be considered opponuniy For infill development and a fee waived for water, wastewater,
capital imnrovements
-411 Mr Priwell And I think we would have to say a lot appraised by the appraisal dislnct at 55,000 or less rather than
cost ess Because you never know for sure what the total costs But we do have some criteria, the appraisal district
does nail down the price of a piece of land I don't know of whet price we've set that at, but I think IF w4 use that
term nology rather then cost, we would be better off,
Mr t',•gelbrecht With s question in regard to that-I always lock of things that there's a positive and negative to,
wbWc.er it is doesn't maker. Does this run the risk of seeing larger lots split into smaller ones in order to get around
this In other words, you take $10,D00lots end lad seeing them get spit in half Do we have any history, did San
Aalonio, nr did you even happen to think to ask ham about that, whether that was a pioblen . i
. Ms. Mc6.matd I think-we didn'I ask And I'm not familiar enough with Denlon's established neighborhoods to know
whether Ihafs occurring 0
Mr Engelbrcchl Well, I wasjusl going fo say not that its occurring now, but all of a sudden you're waiving a couple
0 of thousand dollars And to it becomes in your best interest to consider sub-dividing the lots
Ms. Gamer Like a Zero lot line?
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Ms. McDonald. There's always the opportunity for abuse
Mr. Engelbrechl, All of a sudden, in essence, what you do with this policy is to promote zero lot lines as opposed to
Si or whatever, and-I don't know--will d do that is one question, and d it does, do we want to do that.
Mr. Powell Well, when r t u look at the cost of reptatting in the city of Denton, 4 may not be a ,woblem. ,
Mc Engelbrecht. Yeah, that's right. that could offset as a platting issue. But certainly, r it went Cwt vay we could
always change the wording Personally. I'm more concerned with us finding the mad onis:n to pr?',O, but I also
mean to think the other way.
Mr, Powell, Excuse me, Jim, I don't think that's right; I don't think that we want to find a mechanism. I think we want
to tell the Council how we feel about this situation and try not to get into the dirty details
Mc Engelbrecht. Absolutely; I won't argue with you there. but I do think that we need to think through the other
aspects of it, and when I said that, I'm using a gener'r, term here to say, 'Hey, we are just sending a recommendation
forward here that's not going to have all of the specifics' So, are we in general agreement that infill housing with lots
of sub-value in the range of $5.000 should be something that's exempted or should be exempted?
Ms. Gourdie: Considered for exemption
Mr. Engelbrecht, Okay-considered; that's one; others-does anyone want to add anything to that particular issue?
Mr. Powell. Want to say 'appraised at,' rather than 'cost' If you want to get really detailed, say. `by the Denton
County Appraisal District'-whale ver it is, Denton Central or whatever it Is.
Mr. Engelbrecht. Anything else?
Ms Gourdie Well, I would also say the schools I think primary, secondary Is a goud exemption t think universities
hold their own being that it isn't as much a citizen thh.g as it is-In actuality, it's almost a private entity; d Is a
business Its run as a business, it is a business; it just enjoys the lax breaks of being an institution for higher
learning. And I kind of feel that maybe this might be the lime-for when new buildings come on trill have them
help a little bit with what we're bringing mlo our town. It's great, but let's help out a little bit more with the guys who
are going to be attending that school is my philosophy.
Mr Powell. The other side of that coin-and I like your side-but there's another aide. And, of course, I come beck
to what t know best Theoretiwtty, we're going to build a new jail down here. Now in practice end In theory, we
should permit that fee on that jail. The other side of that, however, is that one group of taxpayers Is charging another
group of taxpayers, some of wi are the same taxpayers. So logic begins to fail that. And that would also hold to
the school districts, unlversllies, and federal government, that's just both sides of the argument. I'm not saying that
your side shouldn't prevail, I might vote your way here--gel my point. But 1-yeah, it's possible-but there's that
other side Why should the city of Denton taxpayers charge the county or Denton taxpayers, when a good third of the
Denton county laxpayets are city of Denton taxpayers? Do you get my Pont? It begins to be nonsensible to charge
government impact jes
1 Me Gourdie But aren't we acluatly doing it in a round about way. They're paying their tilts through our taxes so
^ they'll raise their taxes, so d's passed on to us anyway
i~ Mr. Powell, Exactly ! i
Ms Gourdie So, the quit scion is-do we directly know where our money's going or do we continue to just let it be put
in the budget and released from the budget to pay expenses
t
Mr. Powell I don't know, I say there are two sides to this issue
Me Gourdie I'm just playing devil's advocate. It comes out of our pocket either way. and so the question Is how do
we removed from our pockets in such away where there is equal, you know. 1
0
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1 "Ir. Powell Well, they don't charge us a permit fee. If the county builds something, my understanding Is that the city
does not charge a permit fee Based on that argument, and I believe that's tru_, why would they charge an impact
1,,e . Weft, the other %i to that is-if we build a new jail, d's going to need an awful lot of water and an awful lot of
r..tslewater situation.
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Page 7 of 12
Ms. Gamer, It's going to have a big impact.
Mr. Powell. It's going to have a heck of an impact', so, perhaps the citizens in Canolllon who pay county taxes should
pay or participate in that impact fee I'm trying to show both sides of that argument, and I'm not really sure where I'm
failing
Mr Chadwick: Even beyond that, when you look at Brenda's i of attachmens of all the different possible
organizations--churches, tSDs, charitable organizations, nonprofits, city governments, county governments, state
facilities, federal facilities-I think to try and split the hairs on these make sense to quality and these don't Is the path
of no end
Mr, Powell. I agree
Mr Chadwick, I think it might be better to recommend to Council to pass the simplest no exemptions posibon at this
point, get the ordinance worked out and implemented because Council can change the ordinance in the future. If
over a period of time some phenomenon in oat of these organizations really becomes apparent that ft's having an
impact on either development or construciion, In the city, in the county, where there's something to judge it on.
Because I support all of those organizations, I pay taxes to all those organizations, I want them all off the hook, but
they're all going to be using factilies in the future and they need to participate. Philosophically, they all need to
participate equally, and we all do. So, i lean toward a no exemptions position at this point, because I think Council
can implement iI, get A going and work with B over a period of lime to think. We may have something in three to five
years where the development situatkn is quite dif`erent in Denton, and then It may be that the economic development
issue may become more clearly lorused, and the Council may be able to adjust some things that would effect it.
Mr. Pewell. Would you base that argument partly on the fact that this ism fee and not a lax.
Mr Chadwick Right.
Mr. Powell It doesn't make sense for one govemmenl to pass a tax on to another one. It might not be legal then, I
don 'I know, But a fee is a different situation because the cost is there whether it's government causing the impact or
private industry causing the impact
,
Mr. Chadwick. Right, or whether it's on individual at a private residence or an Individual at a public facility. '
Ms Gamer. With the way Denton's growing and new schools are coming in, that's going to be a large Impact . What
I just thought about with people that try to get around things-talking about these infill lots and things-would we
keep a small little church or a tittle private school from coming in on a little Infill lot, and we don't want to exempt them.
There's another little thing, a nil-picky thing but.. .
Mr. Moruno Brenda, in your discussions with some of the other cities, what was their thinking on the no exemptions
post on versus the ISO exemptions position?
Ms. McDonald Because we talked to so many, we had in-depth discussion, oftentimes the Information came from
the city secretary 's office.
Me Moreno So, you didn'I get into any philosophical discussion
Ms McDonald. Right, right I !kink probably one good explanation was that it started with one good discussion, end
e as you all are finder ; it became very difficult to split hairs, (inaudible)
Ms Ganzer Well, of you exempt somebody, somebody else Is going to come in and try to get around that,
Ms. McDonald If thats something that you all want more information on, we can try and gel with the appropriate
persons to have that discussion But, in some of these uties, the response was not one of high familiarity with the
ordinance We did the best we could to gel the best information to you
• Ms Ganzer Well, I see here it looks like there are more with no exemptions than with exemptions.
Q
Mr Chadwick. there are 21 no exemptions out of the 11 end a bunch of NAa, which means?
Ms Ganzer They don't even have impact fees
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Ms. McDonald, As a WNW is (inaudible). Now, all of the ordinances ought to have air appeal mechanism on J
whether the ordinance is fairly applicable in their situation. And so, it's not that there's not at least some opportunity
to come In with your own engineering studies and show your consumption, even though your particular type of use is
Inordinately lower Phan the meter size. So, there Is always en appeal mechanism, that's just not an exemption. And I
wouldn't recommend that you have an ordinance that doesn't have an appeal mechanism, '
Mr, Pow all. But that's not something that we want to get involved in?
Ms. McDonald Right,
Mr. Powell I don't think we talk ab of appeals here.
Ms. McDonald Correct.
Mr, Engelbecht. That's relatively s,andard language, I suspect, I mean, you have to prove that vc,i re not using-
having the Impact, in essence,
Ms, McDonald Correct,
Mr. Engelbrecht. And I can understand that My only-well, I guess I have two conairns, and one r! lire DISD.
They're in, in my opinion, a unique situation at least at the moment, and I have some xncams iiii them. The
.
other reason why I'm concerned is
Mr. Powell. Let me slop you there and ask if lou've given consideration to where the DISD is It is much larger than
the cily of Denton. So, there are taxpayers In Cooper Canyon In the DISD, there are taxpayers in Pilot Point in the
DISC-al least Pilot Point mailboxes. I just pass that on.
Mr. Engelbrecht: This is true, very true, but the great majority are within the city limits of the city of Denton and
certainly there are some outside of the city The other one is the affordable housing issue, you have cc•.sistently
presented a good argument with regard to "l, if we're charging a fee that's possibly more than the cost o" . lot.
Mr. Powell. Vvhal I'm thinking it will do-I'll be real blunt about it-I think it will totally stop develuonenl for
construction of houses in southeast Denton, and thats where I'm coming from Maybe not lolally; I should never say
totally, but it will have a dramatic impact on what is already a place that there is not very much new construction. And
that's where I'm coming from.
Mr. Engelbrecht. White the other side to that is -there hasn't been a good deal of construction In southeast Denton
without the impact fees.
Mr. Powell . That's what I just said. I mean, there's been very little construction, but we're going to really put the halt
to it here, in my opinion, if this goes through, without any leeway for that
Mr. Engelbrecht. So, the leeway is to recommend soma specific language or some specific issue or simply to allow
or suggest some sort of additional appeal mechanism, so that Council can-as I see it, so that the Council could use.
Mr. Powell. I don't mean to say it's only In southeast Denton, I'm sure there are other places in town with
inexpensive lots But, the Councilman that put me here-all right -is from southeast Denton, to I always try to took
at life as much as I can from a southeast Denton point of view. I don't live in southeast Donlon, but I try to represent
• him as best that I can And to me, for what I think those tots would sell for, I think Rs going to be a dramatic hurl,
Mr Engelbrecht. With a recommendation of no exemptions
Ms Danzer Where they can do the appeal
Mr Powell The appeal is only a case of something not being what it appeals to be. The Impact isnot what d would
appear to me due to this size meter. Six"knch melee going to Joe Smith would mean that he'd have to pay this
gigantic impact lee relatively and when Joe Smith needs that meter for came reason other than providing (inaudible),
could really provide a wastewater impact for sr,. nethinp
Ms McDonald I think that's more common.
Mr. Powell, Maybe he's selling water. Maybe he's pulling a water plant in, selling bottlod water-laking 14 city
water and re-doing whatever you do to A and selling A, obviously, Its not going down the drain, So, his thought
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would be (inaudible) I'm not causing an Impact, I mean relatively, The wastewater impact is negative or minimal
compared to what a six-inch meter would normally be It's just a thought-4r not o thought-(hat's what the appeal
board would be for,
Ms. McDonald. And you know, we have to have a board, that can be done administratively through the engineering
department.
Mr, Chadwick: Brenda, can the appeals process actually deal with economic hardship?
Ms. McDonald. Typically, the appeal process is the one we just discussed, where the application of the impact fee, in
your situation, doesn't accurately dewnbe your Impact,
Mr, Chadwick. But if the economic uevelopment plan included a provision for developmenl of offordabre housing in
the city, would Thal--we talked about this ealier-is that another way to get around that-of offering an alterrigi to
those homeowners and/or those developers
Ms. McDonald, I don't see why not, but I'm rot familiar with its use (iraudible),
Ms, Ganger: Hero's one In Coppeh, it's a church and ISO exempt via Council only, so could we say affordable v
housing be via Council only.
Ms, Gourdie I really hate that word, H has no meaning whatsoever, Affordable housing-no one knows what that
means Ihaveyet4
Ms. Gannet Well, we're going to narrow thal down, before we get down to that.
Ms. Gourdie: But, the thing is--That Is what people-I've been reading in editorials and stuff Affordable housing to
people is something that is $5DSW.000 brand new. You can't build s house S50-Se0,DD0 brand new.
Ms. Ganger: You can if the lot Is sffordebie enough.
Ms Gourdie II's very Improbable Even it you buy a $2,000 lot. it's very hard to build with the way
Ms. Ganger. It can be done
Ms. Gourdie. If it can be done, then I think more people would probably be doing d.
Ms, Ganger No
Ms. Gourdie. I just have a hard lime, to me, affordable housing is something you can move Inlo-an older home-fix
it up and move out. That's the way It's been done for eons. I just have a harJ Ume building offordabie new housing
for people and saying that this is the way it should be We all grow up.
Ms Ganger Well, Jim bought N up about Habitat for Humanity, and that's exactly what they do build
Ms Gourdie. But they don't do k at S50A00
s Ms. Ganger That's exactly who! they do build-affordable housing, They don 'I do fancy things inside N and all
0 Mr Powell You're just not happy with the terminology.
Ms Gourdie. Thal Is correct, I think affordable housing Is the wrong word
Mr. Powell Well, Then, why don 'I we change the lenninotogy
E Ms Ganger And that's note problem
Mr Powell. And uurs Is only o recommendation to the Council We're just Irying to give them a sense of how we
feel. Obviously, we can t tell them how to do fl. 0
t Ms. Gourdie Well, why don't we--I don't know-I guess this Is-I Just believe Habitat for Humanly is a non praRl
u organization that should be considered I know that the Council members hove been discussing It previously 10 oil
this, They want this to be a provison in II, for what I've heard through the Qrepevine They are really baking out for
those organigelions, to they will make the adjustment In that somelow, some way. So, the question is-do we oiler
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July a. 1998
Page 10 of 12
that up or do we Just say no exemptions and let them wok on it. I mean how do we, as @ comminee, want to offer
p,is -p when we know it's going to be changed, one way or the other?
Mr Engelbrechl. And that's the question; we've gone both ways here, so far. ,
Mr. Powell, Well, my feeling is that we offer d up, the whole thing is a consider-excuse rin"t's a recommendation,
The whole page, this whole motirxr -whatever we do with H is going to be a recommendation. So, Hit was up to me
to vote, of make the motion, I would try to word d so that we were giving them a sense or law we feel about li
income housingtinexpensive lots, I mean we can word 4, and then they're going to have to do what they want to do
with it. They're given the responsiWiy by Via voters to write the ordinance, or to have staff write it, and then they
discuss H and vote on It. So, I think, as long as we can convey our feeling on the matter, our intent, I'd rather use the
word intent, on the matter • I don't think that we have to gel real detailed on "I But I agree with you; we just can't
use the word law-Income housing, because that really means a lot of things to a lot of people But you had some
wording a minute ago that I liked and I hoped you wrote it down, somebody had something,
Ms. Ganzer: The infilt affordable housing?
Mr. Engetbrecht No, I was talking about being consistent with the Denton plan.
Mr, Powell That's fine.
Mr. Engelbrechl And do we want to set some kind of amount? Just say in general, somewhere in the range of
$70,0007
Mr Powell, I don't went to set an amount, I believe that's the Council's prerogative. I think realty our opinion Is we're
only trying to give them our intent here 1 mean, where we're talking about exemptions, we're giving them our interl
for exemptions-nol trying to nail them down to a dollar figure,
Mr. Engelbrechl. Additionally, one of the difficulties with the dollar amount Is, basicaly, were trying to zero in on
affordable housing as I see it. Is that correct?
Mr Powetl. Yes.
Mr Engelbrecht. Well, whal's effordabte today, of value, will have a different value In the next year and the next year
and the next year. An the more reason not to put a dollar value,.., -
Mr Chadwick I have an idea-well, a suggestion S Sing here trying to write this-how specific-in the suggested
motion, which I appreciate very much, whoever did that There's a %mll worded motion here and the portion to deal
with affordable housing how's this--this is the lest sentence that says. 'I also move' (and I'm not moving this, I'm}ust
talking) The Iasi sentence says. 'I also move that the City recommend oWlWing Impact fees at the time of Issuance
of building permit and that the City Council consider granting exemptions for affordable housing units where the
impact k,e eq, ials at least one-half of the appraised value of the lot' Now, that gets a $5,000 lot or smaller; well, it
gets a 25. 27 x 2-a $5,054 lot or smaller and we're saying consider granting Assuming In this, that we eventually
move adoption of 100% of table 23, which Is the chart of 518, 1', i% (Inaudible) I'm assuming that in the future
the impact fees may be ral:ireted up or down by Council, which means that it would goat along with the relative value
of property- relatively But. that kind or gives a sense that affordable housing Is an issue and that H it's going to add ~I
halt of the value of the lot, at least to the cost or the lot, then n needs to be considered for a waiver, wherever H h.
This gels away from the infill, outfill, city, county, because there are properties wthin The ETJ with the same value, I
very lc,, r value
Mc Enyelbrechl Wan, the question there is, how of so ever, do we want to encourage that kind of building outside of
the Loop In other words, In the .
Ms. Ganzer. Whim the city limits?
Mr Engelbrechl. Yes, within the city hmits-the Idea being do we want to encourage (inaudible), and/or the other
• thing is that
Me, Ganzer. Within the 35+Loop 2811
Mr. Engelbrecht if affordable housing generally. And I believe-or one of the reasons (suspect-San Antonio has N
inside of the Loop is because the mess transit system's greatest service Is inside of the loop. Therefore, you are
providing- cr you're encouraging housing In a situation where you have the publikJmoss fronspoAeUon available 1
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Capital Improvements Advisory Committee
July 8, 1998
Page 11 of 12
Mc Powell, In our case, we could say the 351Loop 288, Or we could say the existing city limits-today's existing city
limits. Ten years from now, when the limits are changed drarnaG•a11y, our recommendation for consideration would
still only apply to phased city limits It's just a thought
Mr. Engelbrechl: Ifs just a matter of where you want to-do you want to make a recommendation about where we '
encourage it,
Mr. Powell: Yes; I sure wouldn't went to try end encourage infill within the ETJ.
Mc Engelbrechl. I have a real serious qua slion about going beyond the Loop
Mr, Powell, As far as I'm cor•cemed, .
Mr. Eng, lbrechk That's generally the way the plan stales now and that's probably the way the way the Alan is going
to state-well, generally the way it's going to state,
Mr. Powell, Well, who was it that said 35 and the Loop because, if you go on the other side of 35, there's a lot of low-
Income land over there that's within the city limits that doesn't fit In that category
.
Ms. Gamer, And I'm thinking about some stuff, too, that's on the east side of the Coop and Mayhill art over In that
area, So, city limits-you can just pick 8 to death {
Mr Powell,: City limits In the month of July 1998. I
Mr ChadHlck That's easy-for affordable housing units within current July'98 city limits for the Impact fee, and blah.
blah, and blah
Mr. Powell, Rather than try to deal with closer..
Mr. Morena (inaudible)
Mr. Engelbrechl, I don't have any problems, but ere we Suggesting something that's Inconsistent with the plan,
Ms Gan:er Well, this narrows N down to where the impact fee is half or more
i
Mr Engelbrechl Okay,
i
Ms Gamer it's not just talking about it necessarily; it's about where its half or more
Ms Gourdie, And this is based on the appraisal district and not somebody who owns the band and wants to dump R.
Therefore, I'm changing M to be blah, blah, and blah It has to be based on the city.
Mr Chadwick. DCAD appraisal value cr the lot.
Mr Engelbrechl That's okay, we're much clearer about what we want to say
Ms. Gourdie. And so then, would all the rest be considered no exemptions and the appeals would be
Mr. Engelbrechl We're not recommending any other exemptions-yes
S I Ms. McDonald. I think that you need to make that dear In your million,
I Mr. Engelbrechl. DISO Is not Included in the motion, nor is he university. Does anyone else have any other
{ comments?
Mr. Engelbrechl I think we have someone who Is ready to make a motion, unless someone wants to comment, You r
ready?
Mr. Chadwick I move that the Denton Capital Improvements Advisory Committee recommend to City Council 0
enactment of Impact fees and adoption of me len-year CIP for water and wastewater treatment related facilities
based on the water and wastewater net cost by meler size at 100% per table 23 of the water and wastewater Impact
fee report prepared by Duncan Associates, I also move that the Committee recommend collecting Impact fees at the
time of issuance of bullding ;.ermit and that the City Council consider granting exemptions for affordable housing units
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Capital Improvements Advisory Committee
July 8, 1998
Pape 12 of 12
within the current July 19?8 city Omits where the Impact fee equals at least one-half of the Denton County appraisal {
DisWct appraised value of the lot. No other exemptions are recommended
Mr. Powell: Second r
Mr. Engelbrecht, We have a motion and a second. Any discussion. Any comments,
Ms. Apple'. I think that II covers all the bases. I think by having no exemptions, it covers what Elizabeth and Carol
Ann and some others of us were concerned about-about the economic development tool use--so, I'm very pleased
with the motion. Good job.
i Mr. Engelbrechf. Any Wer comments? All In favor, raise your right hand. Motion carries unanimously (8-0) I want
f to thank the staff and consultants for all their hard work. The committee meeting Is adjourned.
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Agenda No.,.! -
Agenda tt M__._.-
AGENDA INFORMATION SHEET Date'---
AGENDA DATE: August 11. 1998
DEPARTMENT: Economic Development Deparlmen!
ACM: Kathy DuBose, Assistant City Mansger for Finance
IBS
RECEIVE A REPORT, HOLD A DISCUSSION, AND GIVE STAFF DIRECTION
REGARDING AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A
TAX ABATEMENT AGREEMENT WITH UNITED COPPER INDUSTRIES, INC'.,
SETT ]NO FORTH ALL THE REQUIRED TERMS OF THE TAX ABATEMENT
AGREEMENT 1N ACCORDANCE w1TFI THE TERMS OF CHAPTER 312 OF THE
TEXAS TAX CODE; SETTING FORT] I THE VARIOUS CONDITIONS PRECEDENT
TO UNITFD COPPER RECEIVING THE TAX ABATEMENT; AUTHO'0ZIN0 THE
MAYOR TO EXECUTE AN AGREEMI'sNT• WITH UNITED COPPER It fPUSTR]ES
TO PROVIDE ELECTRIC SERVICE FOR A MINIMUM PERIOD OF Fl' E YEARS;
PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDWO AN EFFECTIVE
DATE, i
BACKGROUND 1
At the January 6, 1998, City Council meeting, the City Council reviewed and afproved a
request for tax abatement for United Copper Industries, Inc., for the company's topper
wiring manufacturing, distribution and national headquarters facility.
City Council directed staff at that time to negotiate a tax abatement agreement with
United Copper. In addition. Council asked staff to prepare the necessary documents for
establishing a reinvestment zone for tax abatement purposes, which would include the
United Copper site. The reinvestment tone was approved at the February 3. 1998 City
Council meeting (Ordinance No, 98-016).
A
• Attached is a copy of the proposed agreement for your consideration. The major points
of the tax abatement agreement follow:
L acilitp/E'auinm -1 he company will consiruct a 373,000 square foot copper wiring
manufacturing, distribution and national headquarters facility. Originally, the
company planned to build a 420,000 square fowl facility, Due to an increase in
pru)ect costs and offsite expenses, the company eliminated the 47,000 square foot raw
• materials storage building in order to Aay within budget. The company will simply 0 •
4 use just-in-time deli%cry rather than storing the raw materials. The schedule for
qyA im cstment and valuation of improvements for the term of the agreement follows:
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January 1999 $35,000,000 Increased valuation (building and equipment)
January 2000 $37,000,000 A $2 railhori increase over the previous year
January 2001 $40,400,000 Total investment
thru 2004
2. Employment: The company has indicated they will crepe a total of 260jobs at an
annual average wage of $34,000. In the negotiation process of the tax abatement
agreement, we learned that approximately ten of the new employees will be hired
under contract from other sources. For example, the company will hire security
guards to I awl the grounds and man the entrance gate. These will be full-time
positions that will be created by United Copper but provided through a security
agency. To allow for a clean and clear definition of "employee" in our contract, we
have reduced the number of employees to be hired by the company to 250.
3. Electric Utilit : The company will enter into a contract with the Denton Municipal
Electric Utilities for electric service for a period of at least five years. The electric
contract is a condition of the tax abatement.
4. Vaua tim: The total new valuation resulting from the project will be $40,400,000 as
outlined in Item #I of this memo.
5. Failure to MAO Agreement Thresholds: Twentyfiae percent (25%) tax abatement
will be granted to the company if all of the above conditions are met. Should the
company fail to meet one or more of the minimum thresholds, the percentage of
abatement will be reduced on a pro rata basis,
Example: Should the new valuation equal aj0 million the first year. ($30 million is t
85% of S35 roilliou).
,
C'it/ property tax on $30 million equals S153,945.00
25°a Ahatement of $153,945 equals 38,486.25
85% of Abatement equals 32,713.31
In addition, the tax abatement policy provides thft S30 million in valuation E
n qualifies for 25010 abatement for five years. Thertfore, if the valuation did not
reach $35 million by January 31, 2001, the term of the agreement would be
reduced from six to five years.
{ I f all of the above conditions were to apply, The company would receive an
abatcntant of 532,713.31 for five )cars.
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6. Termination of the tax abatement agreement may occur if:
♦ The company fails to honor the Denton Municipal Electric Utility contract
• The va!ue of the project drops below the Tae Abatement Policy threshold of $5
million
• Employment drops below 130
,
Should any one or more of the above conditions occur, the abatement agreement will
be terminated and all tax abatements previously granted and received under the
agreement will L^ refunded with interest at six percent (6%) per annum. The
agreement does provide the company an opportunity to cure or satisfy any such
condition.
7. Force Majeure Clause:
the agreement you have before you has been drafted by the City of Denton Legal
Department with input from the company, the City Manager's Office and the
Economic Development Office. The attorney for United Copper asked our Legal
Department to draft a Force Majeure clause for the agreement. You will find this
clause on page 16 of the agreement In essence, the clause says that should a disaster,
such as a tornado, prevent the company or the City of Denton from meeting the
obligations of the agreement, then the obligations would be suspended, but for no
longer a period than the party is unable to Perform its obligations.
MMATLD SCHEDULE QE PROJECT
1 Dcccmher 31, 1998 Construction complete and certificate of occupancy issued.
2. January I. 1999 Valuation on the tax roll. The actual abatement _wo_ufd_bc
reahied in the )car 2000, when the 1999 taxes are due.
Should weather or other conditions delay the completion of the
project, the six-)cat abatement agreement would not
commence until the follo.ving )ear. The agreement states that
the term of the abatement shall begin on January I of the year
folloN ing the calendar year in which a certificate of occupancy
• is issued by the City.
1, ApriI W, 1999 ' l'nilcppcr submits application for abatement to Appraisa
District,
4. %1a) 15. 1999 Preliminary kalue provided by Appraisal District
5. Ally I. 1999 LiiileJ C'oppcr certifies to µritingthat the company is in
compliance \kith each applicable term of the tax abatement
agreement.
~ G. JuTi ?5,-1999 , Cettifie value provided by Appraisal Distract. Tara atement O 0
_ amount mill appear on this roll
7, August I. 1999 City Manager confirms abatement agreement condih nsohave
been met and notifies City Council, Denton Independent
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School Distric?, Denton County, and the Joint Committee on
Tax Abatement
8. October I, 1999 Tax bills mailed to property owners. Billing will reflect
abatement deduction.
9. October 1, 1999 to Payment of tax invoice due.
February 1, 2000
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Steps 3 through 9 will be repeated each subsequent year of the tax abatement.
PRIOR ACTION/REVIEW
t At the January 6, 1998, City Council meeting, the City Council reviewed and approved a
+ request for tax abatement for United Copper Industries, Inc., for the company's copper
wiring manufacturing, distribution and national headquarters facility. At that time, staff ,
was directed to negotiate a tax abatement agreement with United Copper.
FISCAL INFORMATION
I 7 he attached six-year cosvbenerit analysis provides information on ad valorem tax
avenues and water, wastewater, and solid waste revenues for a six-year period, as well as
electric revenues for a five-year period. (Remember, the corn; uoy must only commit to a
ire-year electric service contract.)
The estimated cost to extend water ($204,000) and wastewater (S120,000) to the site have
been deducted from the utilities revenue section of the chart. The company qualifies for
infrastructure assistance through the Utilities Infrastructure Assistance Policy. They have
applice and received approval from the Public Utilities Board and the Planning and
Zoning Commissiun. Total es,imated net gain in Utilities revenue is $4,152,696 over the
six-year term of thf: abatement agreement.
I he cosVbcnefit ana y-is also reflects the changes In employment that have been outlined
above. Since approximately four percent of the original 260 employees will be hired
from outside sources, we have carried that assumption throughout the employment
projections, resulting in a total of 768 employers at year ten instead of 800. Again, the
company, still projects a total of 800 new jobs created, we are simply allowing for four
percent to be out-sourced positions,
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EXIIIBIT$ i
CosOenefit Analysis ,
Tax Abatement Agreement and Exhibits
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i Respectfully submitted:
Linda Ratliff, Direcldf/
Economic Development Department
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Cost Benefit Analysis
United Copper
Project Scope.
1. Manufacturer of copper wiring, fillings, and pipe
2. 373,000 square foot building
3 250 employees the first year and increasing to 766 by year 10
4. Annual average salary $34,000 the First year and increasing to $51,450 by year tp
5 Major electric service cuslorler
6 Total project investment is 140.400 ,000
6 Year CosUBensf t Analysia
4 YEAR ECONOMIC IMPACT
-
COSTIBENEFIT DISO City County J
ANALYSIS 15%S YRS 25%e YRS 3S%SYRS
Estimated Wage Impact Isis years) _ ,051
New Tii 13,429 3% 11,19671 1494,39 17
Abalemri (151,395 (1299,6x10 (1173.040 14
NETOAIN•N1ylITAXIS K4 1 Electric Vlililies (five ears) 14.152.66 66
Wrier UtlhUes pia years) $35,926 92
Wastewater Uldaies isle yearal 131,12 12
Solid Waste 1111 ilies
(s4 ears) 150952 o$
ales Infrastructure Ealenson (1204000 00
WWastewater Inhaslrudure EAlension (1120000 00
TOTAL NET OAIN / t0 116171 0131381 10 Year CosUBeneflt Analysis
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COST BENEFIT DISD City County TOTAL '
MrALY6l6 15%5 YRS 25%6 YRS 35%5 YRS
Ellimaled Wape Impact 167,011,17
f New bees 17014.60 12,027,90 $1,011,31 110,0540
Abatemenl IS51, 795 13299,660 3173,040 13967,11
NITOAIN•NEWTAXIW q 111 ]6~40
Eledrlc UY11,11 196520x1 Wale, Ubi-ues 1598801 Waalewalel ul1010% 151.66 Solid Waste U1Ildles 194.92 vvaler Intl a strudu,e 110anslon (3204Erlartion
IS 120D00 TOTAL S1 1 MAR I IAA AMA tr MT NTNCI 1 e 90 A,*, 1,1 14M
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STATE OF TEXAS § TAX ABATEMENT AGREEMENT BETWEEN
COUNTY OF DENTON § THE CITY OF DENTON AND UNITED
CITY OF DENTON § COPPER INDUSTRIES, INC.
This Tax Abatement Agreement (the "Agreement") is entered into by and between the
City of Denton, Texas (the "City"), duty acting herein by and through its Mayor, and United
Copper Industries, Inc., a Texas corporation (the "Owner"), a privately held corporation duly
authorized and in good standing to do business in the State of Texas, duly acting herein by and
through its authorized officers.
WHEREAS, the City has adopted a resolution stating that it elects to be eligible to par-
ticipate in tax abatement and has adopted guidelines and criteria governing tax abatement agree-
ments known as the Denton Tax Abatement Policy; and
WHEREAS, on the 27'h day of January, 1998, the City Council of Denton, Texas (the
"City Council") adopted the Denton Tax Abatement Policy (the "Policy'), which is attached
hereto and incorporated herein as Exhibit "A" and made a part of this Agreement for all pur-
poses; and
WHEREAS, the Policy constitutes appropriate "guidelines and criteria" governing tax
abatement agreements to be entered into by the City es contemplated by Section 312,002 of the
ri Texas Tax Code, as amended (the "Code"); and
} WHEREAS, on the 3rd day of February, 1998, the City Council passed Ordinance No. 98-
0 16 (She "Ordinance") establishing Reinvestment Zone No. I, city of Denton, Texas, as a com• I
mcrcial;indusvial rc'mestment zone for tax abatement (the "Zone"), as authorized by Title 3,
t,
Chapter 312, Subchapter B of the Code ((he "Act"); and 0
WHEREAS, Owncr owns or leases certain real property, more particularly described in
k ,
Exhibit "B" attached hereto and incorporated herein by reference and made a part of this Agree-
mint for all purposes (the "Premises") located entirely within the Zone; and
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WHEREAS, on the 121h day of December, 1997, Owner submitted an application for tax
abatement with various attachments to the City concerning the contemplated use of the Premises
(the "Application for Tax Abatement"), attached hereto and incorporated herein as Exhibit "C"
and made a part of this Agreement for all purposes; and
WHEREAS, the City Council finds that the contemplated use of the Premises, the Con-
templated Improvements (as hereinafter defined) to the Premises as set forth in this Agreement,
and the other terms hereof are consistent with encouraging development of said zone in actor-
. '
dance with the purposes for its creation and are in compliance with the Policy and the Ordinance
and similar guidelines and criteria adopted by the City and all applicable law; and
WHEREAS, the City Council rinds that the terms of this Agreement, and the Premises
and Contemplated Improvements, meet the applicable guidelines and criteria heretofore adopted
by the City Council, which are set forth in the Policy; and
WHEREAS, written notice that the City intends to enter into this Agreement, along with
a copy of this Agreement, has been furnished by the City, in the manner and by the time pre-
scribed by the Code, to the presiding officers of the governing bodies of each of the taxing units
in which the Premises is located;
„ NOW, THEREFORE, the City and Owner for and in consideration of the premises and
I the promises contained herein do hereby contract, covenant, and agree as follows; ;
I.
CONDITIONS OF ABATEMENT
s ,
A, A condition of the Abatement (defined below) is that, by January 31, 1999 (sub• j
jeci to force majeure delays riot to exceed 180 days), a capi'Lal ir,:estment that establishes an ad•
ditional assessed property value of real property improvements, equipment, and other tangible
and personal property in excess of tho assessed pr)perty value for the Premises on January I,
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1999 (value) of at least $35,000,000, by January 31, 2000 a capital investment of at least
537,000,000, and by January 31, 2001 a capital investment of at least $40,400,000 be made with "
respect to construction and equipping of a building or buildings and other improvements to be
constructed on the Premises which are described in the Application for Tax Abatement. Owner
agrccsto build a building or buildings of approximately 373,000 square feet within the area dc-
scribed in Exhibit "B", substantially in accordance with Exhibit "l)" as described in Section II(F)
hereof, at value of new real property improvements, equipment, and other tangible personal
property of at least $35,000,000 with respect to construction and equipping of the building or
buildings or other improvements to be constructed on the Premises on or before January I, 1999
(the "Contemplated Improvements") . For the purposes of the immediately preceding sentence,
capital invcstmcnt with respect to construction and equipping the Contemplated Improvements
shall include (1) costs related to the development and improvement of the real estate, including,
without limitation, construction costs and design and engineering costs; (2) tangible personal
property located on or at the Contemplated Improvements by Owner, excluding inventory and
supplies. The kind and location of the Contemplated Improvements is more particularly dc-
scribed in the Application for Tax Abatement. For the purposes of this paragraph, the term
"force majeure" shall mean any circumstance or any condition beyond the control of Owner, in-
eluding acts of Uod, actions of the elements, acts of the public enemy, and strikes which make it
impossible to meet the abovamentioned thresholds. Provided, however, should Owner fail to
1
make a capital invcstmcnt in the Contemplated Improvements that cmablishes a value of at least
$33,000,000 on or before January 31, 2001 in accordance with the City's Tax Abatement Policy, O
the number of years of tax abatement will be reduced to coincide with the maximum years of
abatement per the amount of the value established by the Policy For example, if the total value
established by the capital investment in the Contemplated Improvements is $34,000,000, the
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number of years of tax abatement shall be reduced from six years to five years, in addition to the
proportional reduction in abatement required under Sections I(C) and (F) hereof. "
B. A condition of the abatement is that the Contemplated Improvements be con-
structed and the Premises be used substantially in accordance with the description of the project
set fnnh in the Application for Tax Abatement,
C. A condition of the abatement is that, in connection with the operation of the Can-
templated Improvements, Owner shall employ a minimum of 250 full-time jobs and net a total
annual payroll of $g,50Q000 with an average of $34,000 per job over each of the six years of
abatement following the beginning date defined in paragraph 11I(E), If force majeure conditions
make it impossible for any condition in Section 1 to be met, Owner n,ay elect to explain the rea-
sons why such condition was not met and shall propose a recommended course of action with
respect to such condition If the City Council finds that the failure to meet such condition was
justified, the City Council may modify the requirements of this paragraph. If the total employ-
ment of the project is not 250 jobs and the annual p;tyroll does not meet the threshold of
S8,500,000 or the Owner does not achieve an assessed value of $35,000.000 for the Contem-
plated Impruvements by January 31, 1999, the talc abatement will be reduced by the percentage
relative to the actual value of the Contemplated Improvements and the agreement value of the
T~
Contemplated improvements, the actual number of full-time jobs, the agreed number of full-time
j
jobs, the actual payroll, and the agreed payroll, in accordance with the formula set forth in para-
graph I(F). For the purposes of making the calculation of full-time Jobs, those employees who
t
begin their employment with Owner after October 1, 1993 shall be Included, to allow Owner to ~ A
count employees who will be moved to the Contemplated Improvements in Denton from loca-
tions outside the city of Denton, and whose jobs are moved to the Contemplated Improvements
within the P.eea described in Exhibit "B" within the Zone.
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D. Owner covenants that as of January I, 1998, there were no buildings, structures,
equipment, personal property, or other improvements (defined below) on the Premises, A con-
dition of this abatement is that throughout the Term of the Abatement, the Contemplated Im-
provements shall be operated and maintained for the purposes set forth herein so that the uses of
the Premises shall be consistent with the general purpose of encouraging development or rede•
velopmcnt of the Zone, except as otherwise authorized or modified by this Agreement.
F. The City shall have the right to terminate the abatement if the Owner does not oc-
cup), or lease the Contemplated Improvements. In the event of such termination which results in
the Owner falling Wow one or more of the minimum threshold levels set forth in Section V(B)
hereof, the Owner shall refund to the Cit:! all previous tax abatements and all tax abatements for
future years shall be terminated,
F. If the total Contemplated Improvements constructed on the project do not meet
the threshold value of $35,000,000, or 250 full-time jobs are not employed, or the payroll does
not reach $8,500,000 or any other threshold in Section I(C), the tax abatement will be reduced by
the percentage relative to the actual value and the agreement value In the event that the Owner
fails to meet two or more criteria or thresholds, the tax abatement will be reduced by the largest
percentage of non-compliance For example, if the total value of structures and improvements to
1 the real estate and the personal property installed and equipped within the structures is
$31,500 000 or W/0 less and there are only 250 full-ti! le jobs or 8% less, then the tax abatement
shall be rcduccd by 100 or 2.5°6, reducing the tax abatemcnt front 250,6 to 22.3% for each year
the Owner does not meet these threshold. If the abatement has already been granted, then 0 .
Ow'ncr shall immediately, upon receiving notice from the City, remit the amount by which the
JV1
tax abatement should be reduced with interest at six percent (6%) pet annum from the time the
Owner was not in compliance. For example, in the example above, Owner would remit 2.50/a of
ft~
rJ 25 x 32X
O
the total abatement from the date the abatement was received and interest on the principal
amount from the date the Owner was not in compliance.
0. Simultaneously with the execution of this Agreement, the Owner shall enter into a
long-tern agreement with the City of Denton Municipal Utilities for ttic provision of electric
service Fjr a term of not less than five years, and shall maintain performance of its contractual
obligations for the full period of the contract. Provided, however, the sale of the City's entire
electrical system, which by the terms of the agreement between Owner and City for electrical
service causes a termination of the electrical services agreement, shall not constitute a default in
performance of this Agreement which will result in a recapture of all or a part of the tax abote-
mcnt.
H. In consideration of the abatement granted herein Owner agrees to comply with all
the terns and conditions set forth in this Agreement,
I I4
GENERAL PROVISIONS
A The City has concluded that it has adopted guidelines and criteria governing tax
abatement agreements for the City to allow it to enter into this Agreement containing the terms
set forth herein,
' B. The City has concluded that procedures followed by the City conform to the re-
0
quiremcnts of the Code and the Ordinance, anu have been and will be undertaken in coordination '
with Ownt is corporate, public emplcyce, and business relations requirements,
C. The Premises are not in an improvement project financed by lax increment bonds.
D. i lcithcr the Premises nor any of the Improvements covered by this Agreement are O
owned or icasxl by nny member of the City Council, any member of the City Planning and
12-
owl
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Zoning Commission of the City, or any member of the governing body of any taxing units join-
ing in or adopting this Agreement.
E, In the event of any conflict between the City zoning ordinances, or other City or-
dinances or regulations, and this Agreement, such ordinances or regulations shall control.
F. The building for Owner shall be constructed substantially as shown on the at-
tached drawing submitted by Trammell Crow, which is attached hereto and incorporated as Ex-
hibit "D" and made apart of this Agreement for all purposes. Provided, however, nothing herein
shall prevent Owner from making changes to the building as shown in Exhibit "D" as may be J
111
necessary to meet state and federal environmental laws and regulations.
IIL
ABATEMENT TERMS AND CONDITIONS
A. Iu consideration of the Owner meeting all the terms and conditions of abatement
set forth herein, the City hereby grants a lax abatement ("Abatement") (1) to Owner relative to
the Premises and all improvements to the Premises (the "Improvements"), and (2) to Owner for
the tangible pcrbonal property on tha Premises excluding inventory and supplies, such Abate- i
mcni to be subject to the following terms and conditions,
B. The value of the Abatement on the Premises and the Improvements shall h: the
r ' following portion of the increase in value of the Improvements on the premises over their value
on January 1, 1998, the pear in which this Agreement is executed in accordance with Suction j
1 312204 or the Code, I
Twenty-five percent (2511a) of the increase in value from construction of any Improve-
ments, O •
i
C. Tt,e value of the Abatement on the tangible personal property on the Premises, t
excluding inventory and supplies, shall be the following portion of the increase In value of such
13
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ULM- NOUN=
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TZAXAM
0
tangible personal property on the Premises over the value on January I. 1998 in accordance with
Section 312.204 of the Code: '
Twenty-five percent (25%) of the increase in value of the tangible personal property on
the Premises which is used by Owner in the operation of the Contemplated Improve-
ments.
I
D. Owner shall have the right to protest and contest any or all appraisals or assess-
ments of the Premises and'or Improvements or any tangible personal property owned by Owner,
If Owner is successful in obtaining a reduction in taxes based upon such protest or contest after a J
tax abatement for that year has been granted, it shall immediately notify the City, through its City
Managcr,
E, The term of the Abatement (the "Term") shall begin on January I of the year fol-
lowing the calendar year in which a certificate of occupancy is issued by the City for the Im-
provcmcnts (the "Beginning Date") and, unless sooner terminated as herein provided, shall end
on the December 3 1 " immediately preceding the 6* anniversary of the Beginning Date.
F. If the value of the Improvements, the number of employees, or payroll require-
ments are not met, the tax abatement will be reduced by a percentage relative to proposed and
actual numbers as set forth in paragraph I(F),
• IV. 1
RECORDS AND EVALUATION OF PROJECT
A. The Owner shall provide access and authorize inspection of the property by City
1
employees and allow sufficient inspection of financia! information to insure that the
improve- ments are made and the thresholds are met according to the specifications and conditions of this E 0 •
Agreement. Such inspections shall be done in a way that will not interfere with Owner's busi-
ness operations. City shall annually (or such other times deemed appropriate by the City) evalu-
14 t
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WOMW
0
ate the Project to ensure compliance with this Agreement, Owner shall provide information to
the City on a form provided by the City for the evaluation. The information shall include the
following:
(i) the total number of employees who work on the premises, their total sala-
ries;
(ii) an inventory listing the kind, number, and location of and the total value
of all improvements to the property, including, without limitation, the
value of all structures and all tangible personal property installed or lo-
cated in the Premises.
B. The City Manager shall make a decision and rule on the eligibility of the Project ~
for tax abatement based on the information furnished each year by the Owner on or before
i
August I of the taxable year and shall so notify Owner, the Joint Committee on Tax Abatement,
and the City Council. For the first taxable year, the payroll threshold will be considered to be
met if there are at (cast 250 full-time employees of the Owner by July 31, 1999 and the average
wage is 534,000 per employee. If the Otivrcr is dic,otisfied with the City Manager's decision, it
can appeal his decision to the City Council The City Council's decision on the matter shall be
binding, final, and not appealable, except for arbitrary and capricious acts and actions, gross
j
i
negligence or willful misconduct, and any appeal shall be under the substantial evidence rule; {
pravidcd, however, that notwithstanding the foregoing, under no circumstances shall the City
N!anager or the City Council be authorized to terminal,,, reduce, or recap,ure the Abatement un• '
{
`ess the conditions of the Abatement are not satisfied within the time frames specified herein. •
C. During normal office hours throughout the Term of this Agreement, providing l
reasonable notice is given to Owner, the City shall have access to the Premises by City employ-
ees for the purpose of inspecting the Premises and the Improverrmnts to ensure that the Im-
1S
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f provcments are being made in accordance with the spe:ifications and conditions of this Agree•
merit and to verify that the conditions of this Agreement are being cumplied with, provided that
such inspection shall not interfere with Owner's normal business operations.
D. The Owner shall annually make a certification in writing to the City Council, the
` Commissioners Court of Denton County, and the Board of Trustees of the Denton Independent
School District, on or before June V of each year this Agreement is in effect, except for the first
year when Owner shall have until July 31, 1999 to make this certification, that certifies that the
Owner is in compliance with each applicable term of this Agreement and any other tax abate-
mcnt agreement it may have entered into with Denton County and the Denton Independent
School District.
E. That simultaneously with the execution of this Agreement, Owner is entering into
similar tax abatement agreerncnts with Denton County and the Denton Independent School Dis•
trict, Nothing in this Agreement shall preclude Denton County and the Denton Independent
School District from entering into tar abatement agreements which contain different terms and
conditions than this Agreement and different portions of abatement than shown in paragraph
I ll(B) and (C) of this Agreement, in accordance with Section 312.206(c) of the Act, Chapter 312,
Snhchapter B, of the Act, and all other applicable laws.
V. f ,
FAILURE TO MEET CONDITIONS f
A, In the event that (i) the conditions in paragraphs I(A), (C), (F), and (O) are not
I met; or (ii) Owner allows its ad valorem real property taxes with respect to the Premises or Inr•
provemcnis, or its ad valorem taxes with respect to any tangible personal property, if any, owned `
J14 by the Owner which is located in the Improvements, owed the City to become delinquent and
fails to limely and properly follow the legal procedures for protest and/or contest of any such ad llI
1
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;'P 10 )2 X 10
i
_ I
i
1 ,
valorem real property or tangible personal property taxes; or (iii) any other conditions of the
Abatement agreement are not met, then a "Condition Failure" shall be deemed to have occu! ed
(it being understood that a Condition Failure relating to any condition set forth in paragraphs
I(A), (C), (F), and (G) shall not be deemed to occur merely because at a particular time it cannot
be determined whether such condition will be met, but shall occur only if at a particular time it
can be definitively determined that such condition will not be met), In the event that a Condition
Failure occurs, the City shall give Owner written notice of such Condition Failure and if the
Condition Failure has not been cured or satisfied within ninety (90) days of said written notice,
the Abatement shall be reduced in accordance with paragraph I(F), and Owner shall remit the
amount of the Abatement by which it was reduced plus interest from the time the Owner re-
ceived the Abatement for each year the Owner is out o° compliance. Provided, however, that if
such Condition Failure is not reasonzb!y susceptible of cure or satisfaction within such ninety
(90) day period and Owner has commenced and is pursu ng the cure or satisfaction of same, then
after first advising City Council of efforts to cure or satisfy same, Owner may utilize an addi-
tional ninety (90) days. Time in addition to the foregoing 1 SO days may be authorized by the
City Co+rncil, and such authorization shall not be unreasonably withheld. If a Condition Failure
is not cured or satisfied after the expiration of the applicable notice and cure or satisfaction peri-
oJs, the Abatement shall be terminated with respect to the year in which notice of the Condition
Failure is given and all future years. It being understood that the Abatement with respect to any
ynr prior to the year in which notice o~ the Condition Failure is given shall not be forfeited or
A recaptured except as indicated undc Section V(B) hereof Notwithstanding any provision in this A •
Agrccmcnt to the contrary and Owner shall refund to the City all tax abatements previously re• j
cci%cd with interest for the year in which the notice of Condition Failure is given.
17 t
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B. If, however, the 01 mer fails to construct any s1'uclures or other improvements, or
faits to install any equipment or oiier tangible personal prope V wi '•t the Premises by January
31, 1999, if the value of all improvements falls below the current minimum $5,000,000 threshold
or if the Owner fails to employ at least 130 jobs by July 31, 1999, or if the total employsoent
within the term of this Agreement falls below 130, or the Owner fails to reach at least a payroll
of $4,420,000 for any of the six years of abatement, which causes the amount of Abatement to be
reduced to zero, or Owner fails to execute the contract with the City to provide electric service or
fails to maintain performance of its contractual obligations for the full period of the contract,
then this Agreement may be terminated by the City. In this event, Owner shall refund to the City
all tax abatements previously granted and received under this Agreement with interest on the
amount to be refunded at six percent (6%) per annum, Additionally, as set forth in Section I(A),
failure to construct and place Contemplated Improvements on the Premises that have a value of
i
at least $35,000,000 by January 31, 2001, shall cause the term of the abatement to be reduced in
accordance with the City's Tax Abatement Policy.
C. That in the event of a condition failure by Owner which is not cured or satisfied as
set forth herein, in addition to a partial or total recapture of the tax abatement, the City may can-
eel or modi fy this Agreement.
VI. t
EFFECT OF SALE, ASSIGNMENT, OR LEASE OF PROPERTY
i ,
A. The Abatement with respect to the Project, including any tangible personal prop-
i
crty located on the Project owned by Owner shall vest in Owner and shall be assignable, with
City approval, which shall not be unreasonably withheld, to any individual, partnership, joint
%cnture, corporation, trust or other entity (irrespective of whether or not such assignee is related
to or affiliated with Owner) which acquires title to the Project. Any assignee of Owner or any
18 t
4
O
' i
assignee of a direct or indirect assignee of Owner shall be treated as "Owner" under this agree-
meet. No assignment shall require the consent of City if, following such assignment, the Owner r
continues to occupy and operate the Contemplated Improvements for the full term of this
Agreement. Nor shall the consent of the City be necessary if the assignee agrees to fully comply
with the terms and conditions of this Agreement.
V11.
NOTICE
All notices called for or required by this Agreement shall be addressed to the following,
or such other party or address as either party designated in writing, by certified mail postage pre-
pare or by hand delivery:
OWNER: CITY:
Dean Brown, Vice President Ted Benavides, City Manager
United Copper Industries, Inc. City of Denton
P. O. Box 2617 215 East McKinney
Coppell, Texas 75019 Denton, Texas 76201
Vill.
CITY COUNCIL AUTHORIZATION
This Agreement was authorized by the City Council by passage of an enabling ordinance '
at its mccting on the day of _ , 1998, authorizing the Mayor to execute this
6
i Agreement on behalf of the City, a copy of which is attached hereto and incorporated herein as
Exhibit "E" as if written word for wcrd herein.
lX,
BOARD OF DIRECTORS AUTHORIZATION
This Agreement was entered into by Owner, pursuant to authonty granted by the Board
of Directors of Owner, as authorized by corporate resolution to execute this Agreement on b0alf Y !
of Owner; a certificate evidencing such resolution and consent is attached hereto and ireorpo-
rated herein as Exhibit "F" as if written word for vord herein,
19
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2., x 10 32x
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X.
SEVERA611LT1'
In the event any section, subsection, paragraph, sentence, phrase or work is held invalid,
illegal or unconstitutional, the balance of this Agreement shall stand, shall be enforceable and
shall be read as if the parties intended at all limes to delete said invalid section, subsection, para-
graph, sentence, phrase, or word. In the event that (i) the Term of the Abatement with respect to
any property is longer than allowed by law, or (ii) the Abatement applies to a broader classifica-
tion of property than is allowed by law, then the Abatement shall be valid with respect to the
classification of property abated hereunder, and the portion of the term, that is allowed by law.
XI
ESTOPPEL CERTIFICATE
Any party hereto may request an estoppel certificate from another party hereto so long as
the certificate is requested in connection with a bona fide business purpose. The certificate,
which if requested will be addressed to ibe Owner, shall include, but not necessarily be limited
to, statements that this Agreement is in full force and effect without default (or if default exists
the nature of default and curative action, which shculd be undertaken to cure same), the remain- f
ing term of this Agreement, the levels and remaining term of the Abatement in effect, and such
other matters reasanably requested by the parly(ies) to receive the certificates.
X1I,
OWNEt( STANDING
Owner, as a party to this Agreement, shall be deemed a proper and necessary party in any
litigation questioning or challenging the validity of this Agreement or any of the underlying or-
dincnces, resolutions, or City Council actions authorizing same and Owner shall be entitled to
intervene in said litigation. I~I
I
20 t
Vic ti,,; 25 x. 32 x. I Q
.
i
XIII.
APPLICABLE LAW
This Agreement shall be construed under the laws of the State of Texas. Venue for any
action under this Agreement shall be the State's District Court of Denton County, Texas. This
Agreement is performable in Denton County, Texas.
XIV.
RECORDATION OF AGREEMENT
A certified copy of this Agreement in recordable form shall be recorded in the Deed Rec-
ords of Denton County, Texas.
XV.
MUTUAL ASSISTANCE
City and Owner agree to do all things necessary or appropriate to carry out the tents and
provisions of this Agreement and to aid and assist each other in carrying out such terms and pro-
visions. Owner and City agree at any time, and from time to time, to execute any and all docu-
ments reasonably requested by the other party to carry out the intent of this Agreement.
XV1. ,
ENTIRE AGREEMENT
a
This instrument with the attached exhibits and the agreement to be executed between the
parties for the provision of electric service to Owner by the City, contains the entire agreement
i
+ between the parties with respect to the transaction contemplated in this Agreement.
XVII.
BINDING
This Agreement shall be binding on the parties end the respective successors, assigns, ~
heirs, and legal representatives,
21 t
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Will.
COUNTERPARTS
This Agreement may be executed in counterparts, each of which shalt be deemed an
original, but all of which together shall constitute one and the same instrument.
XIX.
SECTION AND OTHER HEADINGS
Section or other headings contained in this Agreement are for reference purposes only
and shall not affect in any way the meaning or interpretation of this Agreement.
XX.
NO JOINT V ENTURE
Nothing contained in this Agreement is intended by the parties to create a partnership or
joint venture between the parties, and any implication to the contrary is hereby disavowed,
XXI.
AIvIEND,IENT
This Agreement may be modified by tha parties hereto to include other provisions which
could have originally been included in this Agreement or to delete provisions that were not
originally necessary to this A3reement pursuant to the procedures set forth in Title 3, Chapter
312 of the Code.
XXII.
FORCE MAJEURE
if, because of flood, fire, explosions, civil disturbances, war, acts of God, or other causes
beyond the control of either Party, either Party is not able to perform any or all of its obligations
under this Agreement, then the respective Party's obligations hereunder shall be suspended dur-
ing such period but for no longer than such period of time when the party is unable to perform. • •
Litigation or labor disputes shall not be considered causes beyond the control of either party for
the purposes of this section.
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That this Agreement was EXECUTED this day of 1998, by duly
authorized officials of the City and by United Copper Industries, a Texas corporation, simultane- `
ously with the execution of similar Tax Abatement Agreements between United Copper Indus-
tries and the Denton Independent School District and Denton County.
CITY OF DENTON, TEXAS r+
JACK MILLER, MAYOR r r
J
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
~I
BY:
UNITED COPPER INDUSTRIES, INC.
A TEXAS CORPORATION
By,
Name,
Title: !
ATTF^ST: I
0
,j BY:
't
23
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2 x~ 32 x~❑
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AV; YLINN
STATE OF TEXAS §
COUNTY OF DENTON §
Before me, the undersigned authority, a Notary Public in and for said State of Texas, on
this day personally appeared Jack Miller, Mayor for the City of Denton, known to me to be the
person who signed and executed the foregoing instrument, and acknowledged to me that this in-
strument was executed for the purposes and consideration therein expressed.
Given under my hand and seal of office this the _ day of .1998.
Y`
Notary Public in and for the
State of Texas
My Commission Expires:
STATE OF TEXAS §
COUNTY OF DENTON §
F
Before me, the undersigned authority, a Notary Public in and for said State of Texas, on
this day personally appeared _ on behalf of United Copper In-
dustries, Inc., known to me to be the of United Copper Industries, Inc.
and to be the person who signed and executed the foregoing instrument, and acknowledged to me
that this instrument was executed fQr the purposes and consideration therein expressed.
Civen under my hand and seal of office this the _ day of J , 1998.
1 Notary Public in and for the
State of Texas
! My 0mmission Expires: t
I
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l'H LGL 1(H.IA~,ddrn L(S<M llrrrrens{mvru WrwrirNO{gw rd hrnrrnrnemn SS t ,
24 t
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EXHIBIT A
DENTON POLICY FOR
TAX ABATEMENT
1. GENERAL PURPOSE AND OBJECTIVES
The City of Denton (City), the Denton Independent School District (DISD) and Denton County
are committed to the promotion of high quality development in all parts of the city and to an ongoing
I
improvement in the quality of life for its citizens. Insofar as these objectives are generally served by the
enhancement and expansion of the local economy, the City of Denton, DISD, and Denton County, will
on a case-by-case basis, give considt,.';nn to providing tax abatement as a stimulation for economic
development in Denton. It is the policy of the C 1y and DISD that said consideration will be provided in
accordance with the procedures and criteria out ined in this document. Nothing herein shall imply or
suggestthat the City, DISD or Denton County are under any obligationto provide tax abatementto any
applicant. All applicantsshall be considered on a case-by-case basis.
Tax inducements, as described in this policy, will be considered for new, expanding and
1
modernizing basic industries, corporate office headquarters and distribution centers.
Ii. CRITERIA
Any request for a tax abatement shall be reviewed by the Joint Committee on Tax Abatement,
' said Committee being comprised of two elected officials from each of the taxing entities involved. One {
. 1
additional staff person from each jurisdiction shall be appointed to serve as a nonvoting, ex ufficio
i
membcrof the committee. I
The Joint Committee on Tax Abatement serves as a recommending body to the taxing entities
0 regarding whether economic development incentives should be offered in each individual case. Their , O
recommendation shall be based upon an evaluation of the following criteria which each applicant will 1
be requested to address in narrative format;
1. Ilistoryand Philosophyof the firm,
P OARtMPt bY3\'C' t NR 4RA1F Wt%r IAR UTAtFWf HA ICY ks
25
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1
a) Nature of products and geographic penetration. II
b) Financial statements for past five years or life of firm whichever is shorter.
c) Chronologyof plant openings, closings, & relocations over past 15 years.
d) Record of mergers and financial restructuringduring last five years.
e) Record of employment and training provided for handicapped and chronically
unemployed.
2. Project Specifications:
a) Provide plat of project including all roadways, land use and zoning within 500 feet of
site. Legal description of site is required.
b) Is the project a relocation or new facility to expand operations. If relocation, give
current location,
c) Project investment in real and personal property at the above site for each of the next
ten years.
d) Projectpermanent ernployment for next ten years resulting from the new investment.
Indicate number of jobs that will be filled by people from outside the metroplex.
Include estimated average annual salary on newjobs.
c) 'What is the total currentpayroll and theprojected payroll when projectis completed.
f) Describe employment training requirements including provisions for training
handicapped and chronically unemployed if applicable.
g) Project util ity (gas, electricity, water, etc.) usage for each of next ten years.
h) Estimate the infrastruceure (streets, sewer, water, etc.) requirements necessary to
operate the new facility.
•
i I Estimate the annual operating budget for next ten years.
j) Will the occupants of the project be owner or lessees? If lessees, are occupancy
commitments already existingl
k) Give the narne,address, and telephone numbcrof contact person,
i
26
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;rf 2.5 32x~~.~
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3. The community impact of the project:
a) Project the value of real and personal property that will be added to the tax to] Is.
b) Using current rates estimate the additional taxes that will be directly generated by the
project without considering any proposed abatement for each of the affected taxing
entities for each of the next ten years.
c) For each taxing ertity indicate the amount of tax abatement r;quesled for each of next
ten years.
d) Estimate the increase in investment in other local businesses resulting from the project
for the next ten years.
e) Estimate the increased housing needs in the area resulting from the project for ten
years.
f) Estimate the increase in the tax rolls for each taring entity for the next ten years.
g) Estimate the infrastructure construction that would be required because of the growth
resulting indirectly from the project.
h) Provide the specific detail of any businesses/residents that will be displaced and
assistancethat will be availablefrom the requestingentity.
i) Estimate the increase in students by grade level resulting from the project including
the multiplier effect (indirect growth) for the next ten years. Show the increase for
each impacted school district,
j) Provide description of any historically significant area included within the project's
area. if any, give detail of how the historically significantarea will be preserved.
k) Provide information of any detrimental effect on existing businesses, recreational
areas, and residential area
1) Provide details of any benefit to an area of the community targeted for
revital izaiiom'redevclopment.
i
Ill. VALUE OF INCENTIVES
1 he criteria outlined in Section 11 will be used by the Joint Committee on Tax Abatement in
determining whether or not it is in the best inleresisof the affected taxing cntitiesto recommend that tax O
abatement be offered to a particular facility. Specific considerations wilIinclude the degree towhichthe
individual project furthers the goals and objactivesof the community, as well as the relative impact of
theproject. New, expanding and modernizing businesses will be eligible for abatement if the minimum
fifth,\Rf Dmrm9$rT\3 M R MW%Ttk% AR A tL?4vt KRNt 6. {
27 11
r: 25 x 32X
f
threshold, as described below, is met.
Once a determination has been made that a tax abatement should be offered, the value and tern of
the abatement will be determined by referencing the full owing table:
TABLE 1: Establishes maximum length of abatement according to assessed real property value of
improvements and personal properly.
i
MAX]Ml1AI MAXIMUM
VALUE OF STRUCTURE YEARSOF PERCENTAGEOF I +
AND PERSONAL PROPERTY ABATEMENT ABATEMENT ' 11
100 10 25%
80 9 25%
65 8 25%
50 7 25%
35 6 25% t
20 5 25% ) j
15 4 25%
l0 3 25%
5 2 25% J
i
{
if an existing business is located within the boundaries of the participating jui ixiictions and
decides to expand or relocate within such boundaries, the actual value of the structure shall be
m; d tiplied by 125% prior to utilizing Table 1. If the expanding or relocating business is abandoningany
property or improvements within the jurisdictions, the value of this abandoned properly shall be
• subtracted from the new value Ggureprior to muldplyingthe value by 125%. i
The tax abatement shall not apply to any portion of the land value of the project.
Applicants agreeing to extend infrastructure improvements (streets and utilities) to improve {
• other industrial sites which can be marketed by the Chamber of Commerce Economic Development 0
Director may be eligible for a greater tax benefit than those described above by utilizing tax incren::nt
financing procedures. The offering of such an inducement will be evaluated on a case-by-case basis
{
dcpendcntupon the applicant's ability to make available improved industrial sites.
MOM
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Preliming jApplicatloo
IV. PROCEDURAL GUIDELINES
Any person, organization or corpovtion desiring that the City or D1SD consider providing tax
abatement to encourage location or txpansion of facilities within the limna of the jurisdictions shall be
required to comply with the following procedural guidelines. Nothing within these guidelines shall
i
imply or suggest that either the City, or DISC, is under any obligation to provide tax abatement to any
applicant.
A. Applicant shall complete the attached "Application for Tax Abatement."
D. Applicant shall address all criteria outlined in Section It above in narrative fonn.
C. Applicant shall preps:: a map showing the precise location of the property and all
roadways within 500 feet of the site,
D. jr the property is described by metes and bounds, a complete legal description shall be
provided.
E. Applicant shall coml lete all forms and information detailed in items A through D above
and submit them to the City Manager, City of Denton, 215 E. McKinney, Denton, TX
7620E
Is
~1~plicatisn iZwiew Steps
F. All information in the application package detailed above 'Ail] be reviewed for
4
compleleneasandaccuracy. Additionaiinformation maybe requested as necded.
0. 11e application v.ill be distributed to the appropriate City and DISD departments for
internal review and comments. Additional information may be requested as needed.
11. Copies of the complete application package and staff comments will be provided to the
Joint Committee on Ti x Abatement.
1 98 CRIRMfi[IsSNC'It4%khI WATt4XN1C[%[47MIkYkR 29 -
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Cnslderalionof the Applicalion
I. The Joint Committee on lax Abatement will consider the application at a regular or called
meeting(s). Additional information maybe requested as needed.
J. The recommendation of the Joint Committee on Tax Abatement will be forwarded, with
all relevant materials, to the chief administrative office of each taxing entity
K. If the City Council of Denton decides to grant a tax abatement it shall consider a
i
resolution calling a public hearing to consider establishmentof a tax reinvestment zone in
accordance with Section 312.201 of the Tax code and meeting one or more of the criteria
of Section 312.202 of the Tax Code.
L. The City Council of Denton shall hold the public hearing and determine whether the
project is "feasible and practical and would be of benefit to the land to be mciuded in the
zone and municipality in accordance with Section 312.201." Special consideration shall
be given to policies noted in the Denton Development Plan when designating a tax
reinvestment zone.
M. The City Council of Denton m6y consider adoption of an ordinance designating the area j
described in the legal description of the proposed project as a commercial/industrialtax
abatement zone.
N. The City Council may consider adoption of an ordinance or resolution approving the
terms and conditions of a contr,r.t between the City and the applicant goveming the
provision of the tax abatement and the commitments of the applicant including all the II
terms required by Section 312.205 of the Tax Code and such other terms and conditions tt5 O
I
~ the City Council may require. Should the commitmentssubsequently not be satisfied, the
I
tax abatement shall be null and void, and all abated taxes shall be paid immediate y to the
City of Denton and all other taxing jurisdictions participating in the tax abatement i
r fin ~ <Fn alum 9A P M M A94"AINAI A% AU tM %T IE K V 6. 3D
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agreement Provisions to this effect shall be incorporated into the agreement. k
0. The governing bodies of the various taxing entities may consider ratification of and
participation in the tax abatement agreement between the City of Denton and the
applicant.
Any tax abatement agreement will address various issues, including, but not limited to, the
following:
1. Generaldescriptionoftheproject;
2. Amount of the tax abatement and percent of value to be abated each year; '
3. Method of calculating the valueof the abatement;
i
4. Duration of the abatement, including commencement date and termination date;
S. Legal description of the property;
6. Kind, number, location and timetable of planned improvements,
7. Specific terms and conditions to be met by applicant;
8. The proposed use of the facility and nature of construction;
t
9, Contractual obligations in the event ofdefault,violationoftcrmsorconditions, delinquent
taxes, recapture, administrationand assignment.
Annual Evaluation
• Upon completion of construction, the Joint Committee on Tax Abatement shalt annually
I evaluate each facility receiving abatement to insure compliance with the agreement and report possible
violations of the agreement to the taxing entities.
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Transfer or Assignment
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A contract for tax abatement may be transferred or assigned by the original applicant to a new
e
owner upon the approval of the various taxing jurisdictions after such a recommendation is made by the
Joint Committee on Tax Abatement.
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EMIDIT "B"
ALL (bat cerain lot, tractor parcel of land lying and being situated in the City mod County of Deotom,
State of Teim, being part of the M. Forrest Survey, Abstract Number 417 and being more particularly
described as follows:
BEGINNING at the southwest toner of 90.6366 acre tract described as Tract 111 by Special Warranty
deed conveyed to Albertson's Incorporated recorded in Volume 3203, Page 214 of the Real Property
Records of Demloa County, Tesa, sold point also lying on the north line of U.S. Highway 3114;
THENCE South a distance of 63 feet to the cealerliae of said U.S. Highway 380;
THENCE Northeasterly aloog The teoterline of U.S. Highway 380 a distance of 4,303 feet to a point for
corners
THENCE North passing at 63 fret the north right-ol--way line of U.S. Highway 380 mod cautioning
aloog the eat Ilse *11's 28 acre tract, conveyed to D.C. Ballard, at us by deed recorded In Volume 432,
Page 149 of the Deed Records of Denton County, Teen, costiaaiag North mod paaing The morthtast
corner of said Bullard pact and continuing North to a point in the centerline of FbI trop Road;
THENCE Westerly mod mort►waterfy along the cesttrliae touna of Flobtrap Road a distance of
3,210 feet to a point for comer, sold point being the intersection of tit cemlerYae of Fisbtnp Rand and
the calerlime of the Union Pacific Railroad;
THENCE Southwesterly along the ealerline of the Ueloa Pacific Railroad a distance of 1,710 fat to a
point for coneri
THENCE South paving at 64 feet The most northerly morthwat corner of sold 911.6366 acre
Albertsom's tract and continuing it total distmom of 244 fed to a point for corner, sold pots/ being the 1
northwest comer of a IA57 men SAVE & EXCEPT trod described u Tract 111@ amid Gtberlsom's
deed recorded Is Volume 3205, Page 214 ILP.R.D.C.T.; {
THENCE Southeasterly along M morthast Nne of sold 1.457 sere tract a distance of 564 fed tom
point for cornier, uld point being the southeast corner of sold 1.457 acre tracts
A THENCE South ohsog the west be of a 2.114 sere tract described a Tnet I is uld Albestsou's deed
recorded In Volume 32115, Page 214 R.P.R.D.C.T. a distance of 662 to the southwest corner of said
2.114 acre trod;
THENCE West a dbtanee of0 feet to the moil southerly northwest corma of sold 90.6566 acre
Albe►tsoo's tract;
THENCE South a distance of 183 kct to the POINT OF BEGINNING mod contaitdag 163 ocra of
~ land. ~ ~ •
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Reinvestment Zaie United CopPer Reinvestment
Property _
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Boundary
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Zone 1
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EXVIRIT C
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UNITE CoppER INdUSTRIES $
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Applicalion for Tax Abatement
Prepared for
Proposed Denton Site
Neember 11, 1991
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TABLE OF CONTENTS
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` Section I EXECUTIVE SUMMARY
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Section H APPLICATION FOR TAX ABATEMENT
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Section M NARRATIVE SECTION OF APPLICATION
Section IV PROPOSED BUILDING LAYOUT
d
Section V AERIALOFSI'TE
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Section VI LEG ALDESCRIPTIONOFSITE
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December 12. 1997
We are pleased to have the opportunity to submit this application for to abatements to your council
Trammell Crow started working with United Copper during the third quarter of 1996. We successfully
helped them secure a I I ROM square foot distribution facility in Coppell. Half of this facility is currently
being used by one of their sister companies, Cambridge-Lee Industries, Cambridge-Lee Industries is a
distributor of copper tubing. The balance of the warehouse is used by United Copper for distribution
purposes
Along with a variety of other US businesses, Cambridge-lee and United Copper are owned by IUSA or
United Industries. a privately held diversified Mexican conglomerate.
The long tern plan of United Industries is to develop a National Headquarters in North Texas. We have
secured the 91 acre site as a possible location for them to kick-off their US developments, The first phase j
of this project will be to build the corporate headquarters for United Copper Industries, their national
distribution center and the integrated copper wire and cable manufacturing facility.
We feel that this facility will serve as a flagship co the east side of Denton for future developments. The
building will be a showpiece which should act as a magnet for other developments in the area.
I
In addition to the jobs created and the tax dollars generated, we feel this project will be viewed as a
statement towards our willingness to develop future business with Mexico.
We are very excited about this project. The economic incentives offered will be a key part of the over-all j
evaluation of where to locate this operation. We look forward to working with you.
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Sincerely.
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TRA% NIELL C COMPANY
Seth T Kelly Dave U. Noble r
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APPLICATION FOR TAX ABATEMENT
I Property Owner:
Alhertson's Inc.
250 ParkCenter Boulevard
Boise, Idaho 83726
Attn Alike Baldner
Phone k 208, 395 6695
14
Under contract for sale to:
Trammel] Crow Company (Developer)
2200 Ross Avenue
Suite 3700
M Dallas, Texas 75201
Attn: Seth T. Kelly
Phone 0 214.979.6144
2. Property Owner's Representative:
(SEE ABOVE)
3 Property Address:
2727 Geesiing Road (Estimate of street address)
Denton. Texas 76208
4 Located within:
City of Denton
Denton County
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j + 5. Description of Project:
Approximately 91 acres located at the northwest comer of 380 and
1 Ccesling. The building will be approximately 420,000 square feet and shall
face Gees ling Road ( See attached site plan).
6. Date projected for occupancy of projectlinitiar!un of operations:
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January 1999
Nt► d
38 Trammell C'ro% Dallas/Fort Worth
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04(d Coppu tdtsraits
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NARRATIM QUESTION/ANSWER SECTION OF APPLICATION
i
I history and Philosophy of the firm:
a) Nature of products and geographic penetration.
The primary po.xlucts to be manufactured at this facility will be TYPE THIiN conductor
copper wire for the commercial construction market and TYPE NNI-B conductor copper
wire for the residential construction market. The facility will have the capacity to produce
120.000,WO pounds of each wire type per year In addition to the manufacturing or these
wires the company will complement their inventory with other related products that wiP be
produced elsewhere,
The Company will deliver product to all 48 contiguous states.
b) Financial statements for the past five years or life of firm whichever Is shorter,
Because the conccm is privately held and has no desire to have the financial statements to
be of public record, we would like to request a private meeting to review the finamial
condition of the entity
2, Project Specifications:
a) Provide plat or project Including all roadways, land use and zoning within 500 feel of the
site. Legal description of the site Is required.
(SEE SECTIONS IV, V AND VU
hl Is the project a relocation or new facility to expand operations? If relocation, give current
location,
I! • This is a proposed new facility. United Copper currently hm a 50,000 square foot
distribution facility located at 1110 Executive Drive, Suite SW. Coppell, Texas 6019,
This facility was leased February 15. 1997 for a term of three years and six months.
United Copper has a subtenant prepared to move into this facility when they move their
distribution operations to Denton.
J14-
39 Trammell Crim Dallas/Fort Worth
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Urind Copge Irdr+nirs
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c) Projcct investment in real and personal property at the above site for years I, 5, and 10.
Real r M Personal procerty
Year 1 $10.000.000 527,102,000 Equipment
$37,500,000 inventory
Year 5 (Same as above + inflation)
Year 10 (Same as above + inflation)
d) Protect permanent employment for the text, ten yeah resulting from the new investment
Include estimate average annual salary on new jobs.
Fmplmme;,t Average Salary
1
' ti ear 1 260 $34,000
Year 2 325 $36,600
Year 3 390 $38,200
Year4 455 $40.000
Year 5 520 $42,900
Year 6 $76 $45.500
Year 7 628 $48,200
Year8 680 $51,100
Year 9 732 $54,204 i
Year 10 800+ $57,450
c) Whot is the total current payroll and the projected payroll when the project is completed? i
Current payroll: $3,100,000 at Distribution racility in Coppell j
' Payroll at completion: $8,840,000 per year. 1
f) Describe employment training requiremeno if applicable.
• The average worker Ail l need to be highly trained in order to operate the state of the art
production equipment to be install in this facility. The company plans on ;vorking with
j locbl educational institutions to help supply them with this training.
40 Trammell Cron Dallas/Furl Worth
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V oittd Coppu ludunei(s
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gi Project utility tgas, electricity, water, etc.) usage for years 1, S and 10.
Q91 Electric
Year 1 204 million cuift/year 14.4 million Whrs
We do not expect the utility consumption to increase nntll future production facilities axe bui't i -i
the site There are no special water requirements.
hi Estimate the Infrastructure (streets, sewer, water, etc. ) requirements necessary to operate
the new facility.
It will be necessary to bring both water and sewer lines to the site. Additionally, Geesling Road
will need to be widened and paved
u occupants of the project be owner or testes? If lessees, are occupancy
Will the co tunliments already existing?
F4 It is undecided at this time.
i+ Give the came, address, end telephone number of the contact person.
Sir, Dean Brown
United Copper Industries
I 110 Executive Dri re
Suite 5(10
Coppell, Texas 75019
PH 972,393.6479
N Mr. Seth T. Kelly (Project Coordinator)
Trammell Crow Company
2200 Ross Avenue
Suite 370
• Dallas. Texas 75201
PM 214.979.6144
Mr. Dave Noble (NvrlopmentCoordinator)
Trammell Crow Company
22W Ross Avenue
• Suite 3700 0 •
Dallas. Texas 75201
PH; 214.9796582
II 1, .
41 Trammell Crow DoItaclForl Worth
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UMnse (Aggie Irdus~its '
1 The community impact of the project;
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(SEE EXECUTIVE SUMMARY)
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Aw ` serviced bom ARC0 suLsl atlon utt Ilwy :IbU
ltl~' 1 I' "de ~~q I Tan sportal on 7Ms site Ilonls on US llnyhway 380
q + { only rive minutes from 1 35 via t oup 288 1 his rile also
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effects
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City of Denton o Teeas a Eeonomle Development Dept. s 11140449,430111 fu 170.340.7221
I PD IC SF 1 Denton Chamber of Commerce . Conton, Team* a 140.167.7151 a fax 1104124"0
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SCHEDULEI
to Contract of Sale
Tract I h
All that certain tract or parcel of land situated in the hIORE%U FORREST SURVEY,
ASs RACT NO. 417, Denton County, Texas, being pan of a certain (called) 3.465 acre tract
deeded by Nfargsam Investment Co., Inc, to James C. Payne on the 4th day of Februuy, 1965
1 uld recorded in Volume 522, Page 501, Deed Records, Denton County, Texas, and being more
fully described as follows:
BEGINNING at the Northeast corner of said 3.465 acre tract;
t THENCE South 00 deg 59 min 25 sec West, along and near a fence on the East bourdary line of `
slid 3.465 acre tract, a distance of 696.90 feet to an iron pin;
THENCE South 85 deg 13 min 12 sec West, along a fence a distance of 130.67 feet to a point;
THENCE North 00 deg 59 min 25 sec East, a distance of 661.89 feet to a point in the Southwest
right-of-way of an easement to Texas Municipal Power Agercy recorded in Volume 1167, Page
260, Deed Records of Denton County, Texas;
THENCE North 33 deg 18 min 38 sec West, alo,tg said easement right-of-way a distance of 57.46
feet to a point in the North boundary line of said 3.465 acre tract,
THENCE North 89 deg 43 min 16 sec East, along a fence a distance of 166.44 feet to the POINT
OF BEGINNING, and containing 2.114 acres of land, more or less.
Tract 11
LOT IB of the MARG-SASE SUBDIVISION, an Addition to the City of Denton, Texas,
according to the Replat thereof recorded in Cabinet H, Page 237, Plat Records, Denton County,
• Texas, 1
i
Tract III
All that certain tract or parcel of land situated in the M. FORREST SURVEY, ABSTRACT NO.
O
• 417 and the T. H. LIVING SURVEY, ABSTRACT NO. 729, Denton County, Texas, being all
Of TRACT 2 of the MARO-SAM SUBDIVISION, an Addition to the City of Denton, Texas,
according to the plat thereof recorded in Volume 11, Page 25, Plat Records, Denton County,
Texas, and being more fully described as follows
47 ~
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t3EGD;,NING a s found iron pia on the south right-of-way of the Texas and Pacific RIUmad at
its intersection with the middle of Nfingo Road, said corner being the North Northeast corner of
` said Tract 2 in the T. H. Living Survey;
1 THF_`CE South 27 deg 35 min 18 sec East in Mingo Road past the South boundary Line of the
T. H. T1~in¢ Survey, which is the North boundary line of the M, Forrest Survey and continuing
a Distance of 310,97 feet to an iron pin at a turn in ivlingo Road;
MENCE South 83 deg 15 min 31 sec East in Mingo Road a distance of 776.97 feet to a railroad
spike in the middle of Geesling Road and the East Northeast comer of Tract 2;
THE-NCE South 0,2 deg 19 min 32 sec West in Geesling Road a distance of 1456.80 feet to an iron
pin at the beginning of a flare of U.S. Highway 380;
THENCE South 41 deg 54 min 15 sec West a distance of 156.52 feet to a right-of-way monument
it the end of said flare;
THENCE South 80 deg 37 min 58 sec West with the North right-of-way of U.S, Highway 380
f■ along and near a fence a distance of 847.97 feet to a right-of-way monument;
• THENCE South 74 deg 47 min 24 sec West with the North boundary line of said Highway a
distance of 101.06 feet to a right-of-way monument;
THENCE South 80 deg 38 min 00 sec West with the North boundary line of said Highway a
distance of 1140.23 feet to a fence comer at the South Southwest com- of Tract 2 and the
Southeast comer of tract desuribm in a Deed frota lames C. Payne, Sr., et a to Paul L. Lubbers,
et ux, and recorded in Volume 604, Page 351, Deed Records of Denton Comity;
THENCE North 00 deg 49 min 39 sec East with said fence a distance of 259.11 fat to a fence
comer at the Southwest corner of a 3.465 acre tract described in a Deed from btargsam
imrstment Company, Inc. to lames C. Payne, and recorded in Volume 522, Page SOT, Deed
Records of Denton County;
THENCE North 85 deg 13 min 12 sec East with a fence a distance of :99,71 feet to a fence
• corner at the Southeast comer of said 3.465 acre tract;
THENCE North 00 deg 59 min 25 sec East with 3 fence a distance of 696.91 feet to a fence
corner at the Nerthrast comer of said 3.465 acre tract;
THENCE South 89 deg 43 min 16 sec West along and near a fence a distance of 779.34 feet to O •
• an iron pin at the Southeast comer of dedicated Mary Lee Road;
THENCE North 00 deg 45 min 17 we East a distance of 70.0 feet to an iron ptn at the Northeast
corner of Mary Lee Road on the South boundary line of Tract 1 of Marg-Sant Subdivision as
shown on the plat recorded in Volume 11, Page 2), Plat Records, Denton County;
ae
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p THENCE North 89 deg 40 min 25 sec Fast with a fence a distance of 294.48 feet to an iro n pin
at the southeast corner of Tract''-;
rff&NcE North 00 deg 37 min 05 sec Fast along and near a fence a distance of 504.31 feet to
an iron pin on the South right-of-way of the T & P Railroad;
THENCE Northwtoriy with the South right-of-way of the T 6t P Railroad around a curve to the
left having a central angle of 10 deg 09 min 33 sec, a chord of North 65 deg 37 min 34 sec East
441,5R feet, a radius of 2493.69 feet, and an are distance of 442.16 feet to the end of said curve;
THENCE North 63 deg 32 min 48 sec East with the South boundary line of said railroad 1294.50
feet to the POLN T OF BEGLMIING, containing 90.6566 acres of land, more or less.
SAVE AND EXCEPT THE FOLLOWING THREE PARCELS OF LAND
SAVE AIND EXCEPT TRACT I
All that certain tract or parcel of land situated in the MOREAU FOREST SURVEY, ABS: RACT
NO. 417, Denton County, Texas, being a pan of a certain (called) 90.4 acre Tract H of MARG-
SAM SUBDIVISION in the Moreau Forrest Survey, rerorded in Volume 11, Page 25, Plat `
Records of said County, and being more fully described as follows:
BEUNNMI at the Southeast corner of Tract 1 of said Marg-Sam Subdivision, also being the
Southeast corner of a called 5.0 acre tract deeded by J.R. Neblert, et ux, to Safety-Metn
Corporation on the 27th day of September, 1974 and recorded in Volume 724, Page 190, Deed
Records of Denton County, Texas;
THENCE South 00 deg 37 min 05 sec West a distance of 70.25 feet to a point in the North
boundary line of a called 4.0 acre tract deeded by I. C. Payne, et ux, to Safety-Meen Corporation
M on the 24th day of January, 1979 and recorded in Volume 934, Page 798, Deed Records of
Denton County, Texas;
THENCE South 89 deg 43 min 25 sec West, along the North boundary line of said 4.0 acre tract
a distance of 294.64 feet to the Southeast comer of Mary Lee Road (dedicated portion);
,
THENCE North 00 deg 45 min 17 sec East, a distance of 70.01 feet to the Northeast comer of
Mary Lee Road (dedicated portion);
M THENCE North 89 deg 40 min 34 sec East, a distance of 294.44 feet to the POINT OF
0 BEGINNING and containing 0.474 acres of land, more or less,
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SAVE & EXCEPT TRACT 11
All that curtain tract or parcel of land situated in the MOREAU FORREST SURVEY,
ABSTRACT N0.417, Denton County, Texas, being a part of a certain (called) 90.4 acre Tract
lI of MARG-SAM SUBDIVISION in the Moreau Forrest Survey, recorded in Volume 11, Page
25, Plat Records of said County, and being mote fully described as follows*,
CObINEENCLNG at the Northeast comer of Tract I of said Marg-Sam Subdivision;
THENCE South 00 deg 37 min 05 sec West along tte East boundary line of said Tract I and the
Northern west boundary line of said Tract Q a distance of 175.59 feet to a point in the Southwest
right-of-way of an easement to TMPA, recorded in Volume 1181, Page 955, Deed Records and
at the POINT OF BEGINNING;
THENCE South 38 deg I8 min 38 sec East, along said easement right-of•way a distance of 506.41 1
feet to a point in the North boundary line of a called 3,465 acre tract deeded by Margsam
Investment Co., Inc., to J.C. Payne on the 4th day of February, 1965 and recorded in Volume
522, Page 501, Deed Records, Denton County, Texas;
THENCE South 89 deg 43 min 25 sec West, passing at 43.80 feet the Northeast corner of a called
4.0 acre tract to Safety-Kleen Corporation, recorded in Volume 934, Page 798, Deed Records
Denton County, Texas, a total distance of 318.26 feet to a point;
THENCE North 00 deg 37 min 05 sec East, passing at 10.25 feet the Southeast comer of said
Tract I, a total distance of 398.94 feet to the POINT OF BEGINNING and containing 1.457 acres
of land, more or less.
I
SAVE AND EXCEPT
Legal Land Descriptlon for Parcel 17
BEING 3,382 square feet or 0.0776 acres of land, more or less, situated in the Moreau Forrest
Survey, Abstract Number 417, the City of Denton, Denton County, Texas, Lid being a pan of
! Tract 2 of ti,c Mang-Sam Subdivision, an addition to the City of Denton, Texas, as recorded in
Volume 11, Page 25, Plat Records of Denton County, Texas, and being a pan of the land
conveyed to Alpha Beta Company, a Delaware corporation, by deed as recorded in Volume 1542,
Page 145, Deed Records of Denton Co+inty, Texas; said 3,382 square feet or 0.0776 acres of land
being more particularly described by metes and bounds as follows:
CObLNIENCING at an iron rod found being the southwest corner of Tract 2 of said Mug-Sam '
! Subdivision and the southeast corner of a tract of land conveyed to Paul L. Lubbers and wife, 0 !
Virginia L. Lubbers, by deed as recorded in Volume 604, Page 351, Deed Records of Denton
County, Texas, and being in the existing northern right of way line of U.S. 380;
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THENCE North 80 degrM 43 minutes 02 seconds Fast along the existing northern right of way
line of U.S. 380 for a distance of 468.35 feet to an iron rod set in the new northern right of way II
line of U.S. 380, at the POINT OF BEGINNINO;
(1) THENCE North 74 degrees 16 minutes 15 seconds East along the new northern right of fE f
way line of U.S. 380 for a distance of 100.64 feel to an iron rod set at an angle point; k
(2) THENCE North 80 degrees 43 minutes 55 seconds East along the new northern right of
weeY line of U.S. 380 for a distance of 200.00 feet to an iron rod set at an angle point;
(3) THENCE North 87 degrees OS minutes 05 seconds East along the new northern right of
way line of U.S. 380 for a distance of 100.63 feet to an iron rod set in the existing
northern right of way line of U,S. 380;
(4) THENCE South 80 degrees 43 minutes 02 seconds West along the existing northern right
of way line of U.S. 380 fora distance o(400.00 feet to the POINT OF BEMNING, and
containing an area of 3,382 square feet or 0.0776 acres of land, more or less.
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SCHEDULE .J~A--
PaA:E' to .
I
a,gipl&t of Lots 1, 2 and 3 of SOUTHRIOGE VILLAGE SHOPPING CENTER, an
LOT 2-1 i~, to the City of Dentcn, Texas, accirding to the plat thereof recorded
~edCApIra: E, Slide 392, Plat Records, Denton County, Texas.
PAA II; (EASEMENT ESTATES)
TRACT A:
So Irq a tract or parcel of land eontalning 6,2001 acres, situate.- In the John
McGowan Survey, Abstract No, 797, Dentcn County, Texas, being a :art of that
cartain (called) 4.900 acre tract deeded by Robert Glen Nicholecr, at ux, to
john Porter on the 27t16 day of MA y, 1965, and recorded In Yolusr 538, Fago
$38, O.C.D.R., same bein; out of a cartain 18,722 acre tract, as :er plat of
Nash Coracration, Consa tang Engineers, in Dentcn, Texas, dated :.ne 3, 1983,
said 6.0901 acres being sore particularly doseribad by metes and teurds as
follows:
COMMENCING at the Northwest corner of said 4.900 acre tract, sage being an the ,
Southwest R.O,W. line of Interstate Highway No. 351, and being a' so on the
East tiro of J. W. Erwin Subdivision (recorded In Yolume 337, Page 350,
DS,D.R.) l I
THENCE, South 39 degrees 62 minutes 00 seconds East, along said S:uthwest i
R.O.W. lire, a distares of 68.50 feat to an arglo points
THENCE, South 47 degrees 27 minutes 01 records East, continuing along said
Southwest A,O.W, line, a distinca of 34.20 feet to a point, tame being the
east Easterly corner of a certain 0,127 acre tract and also beir•g the point of
intersection of said Southwest R.O.W. line with the Westerly R.O.W. line of
i
Ridgeway Drive (based or a width of Of feet) I
THENCE, South 47 degrees 27 .-mutes 00 accords East, continuing a cng said
Southwest R.O.W, lire, a distance of 8110 feet to a point of intersection of
laid Soutrwest R.O.W. ii-e with the Easterly R.O.W. tine of sal: Aldgeway
:aive, sane being the r:s: Northe-iy corner of a cer%iln 0,772 a:-s tract
llo:'x I cf the D.nning Subdiviscn)s
TiwE4CE, Sc.t:m 47 degrees 17 minutes 00 secerds East, continuing along said j
. South.was: RO.W, 1ina, a distance o' 230,50 feet to an argle poi-ti
4A ~
ihSNCE, Seu:r 5? degrees 47 minutes 26 seconds East, continuing a':nq said
S:u::-•est 4.0.w, line, a distance of 452,34 foot to an Ang?e peictl
ihEvCE, South 47 degrees 21 minutes 01 sacends fast, continuing along said
Saud^wes:.i.0.W. 11ne, A distance of 45.17 feet to t,a mast Nortreriy corner
art PCI,v' 0, 'EGINNING :f the tract herein described;
ThENCE, Scu:h 47 degrees 27 minutas 611 seconds East, continuing a'ceg said
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R.O.W. lire, a distarce of 331.32 feet to a point for the most Easterly corner
of the tract herein described;
THENCE. South 44 dograts 43 minutes 54 second: West, departing said Southwest
P.O.W. fine, a distance of 36147 feet to a paint for corner;
THENCE, North 45 degrees 16 minutes 06 secords 'Test, a distance of 9,08 fee:
to a paint for corneri
j T}!E>iCE, Saab 44 degrees 43 minutes 54 seconds hest, a distance of MAC feet
to a point for Corner;
THENCE, South 00 degrees 16 minutes 06 seconds East, a distarce cf 11.21 feet
1 to a point for corner;
it THENCE, South 44 degrees 43 minutes 54 secords Wes:, a distance of 110.0E fast
to a point for corner;
THENCE, South 80 degrees 16 minutes 06 seconds East, a distance of 48.75 fee:
to a point for corneri
THENCE, Scuth 89 degrees 43 minutes 54 seconds West, a distance of 253.94 feet
to a point for the most Southeast Southwest corner of the tract herein
describedi j
THENCE, North 00 degrees 53 minutes 08 seconds West, a distance of 44t 39 feet
to a point on the South line of said 4.900 acre tracts
THENCE, North 89 degrees 17 minutes 08 seconds West, along said South line, a
distance of 185.18 feet to a point an the list R.O.W. line of said Ridgeway
Drive, being the most Westerly Southwest corner of the tract herein described;
I
THENCE, North 00 degrees 05 minutes 14 seconds West. along said East R.O.W.
line, a distance of 45.08 feet to a point for corneri I
^ + THENCE, North 89 degrees 54 minutes 46 seconds East, departing said East
R.O.W. lire, a distarce of 211.74 feet to a point for corneri
•
THENCE, South 45 degrees 05 minutes 14 seconds East, a distance of 30.00 feet
to a paint for corner;
THENCE, S:.:h 00 degrees 05 miru:es 11 seconds fast, a distance of 226,07 feet ,
t7 a p0'r: far earner; II i
• THENCE, tenth 44 degrees 43 minutes 51 sacolnds East, a distamce of 290.11 fast ~ ~ 4➢
:o a pa'-: far C~.rr,er;
7MESCE, N:•:h 45 de9reis 16 minutes IS secords Wes:, a dista"a of 3743 feet
to a pain: for corner;
THENCE, Ncr:h 44 degrees 43 miru:es 5- seconds Eat:, a distance of 348.46 feet
t0 the pC:.v, Of 6£GiNN;NG, containin, within these metes and bounds, 6.1000
arras W:.363 square ftet) of land, 101-1 ar less.
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TRACT 8:
grin; a tract or parcel of land cortiining 6.4333 acres situated in the John
M:Gcwan Survey. Abstra:t No. 797, Denton Ccunty, Texas, bole; a ,art of that
certain (oiled) 4.920 aere tract deeded by Robert Glen Nicholson, at ux, to
john Par:e• on the 27tH day of May. 1966, and recor.td in Volume S M.
D.C.D.R., sans being out of a certain 18,712 acre tract, as Per ,lot of Nass
Corpora,':-, Consulting °-ngin:ers in Denton, Texas, dated June 3, 1983, said
6.4303 acre tract being We Particularly descrfbed by Was anG bounds as
fallowsl
COMMENCINC at the Northerly corner of said 4.900 acre tract, same being on the j`
Southwest I.O.W. lire of interstate Highway No. 35e and also being an the East
boundary line of the J.'4. Erwin Subdivision (recorded in Volume 337, Page 3SO,
D.C.D.R.);
THMS, South 39 degrees 02 minutes 03 seconds East, leavirg said East
boundary 1Ira of J.W. Erwin Subdivision and along said Southwest R.O.W. line
of Interstate Highway No. 35E, same being the North boundary tiro of said
4.900 acre tract, a distance of 68.60 feet to an angle points
THENCE, South 47 degrees 27 minutes 09 seconds East, continuing a;cng said
Southwest R,O.W. line, same being the North boundary line of said 4,908 acre
tract, a distance of 34.20 feet to a point, same being the most Easterly
corner of a certain 0.1.27 acre tract and also being the point of Intersection
of said Southwest R.O.w. line wit'i the westerly R.O,w,'line of Ridgeway Drive
(bawd on a width of 89.10 feet)I
THENCE, South 47 degrees 27 minutes 10 seconds East, continuing along said
Southwest A.O.W. line, same being the North boundary line of said 4.960 acre
tract, a distance of 80,x0 feet to a point of Intersection of said Southwest
R.O.W. line with the Easterly R.O.N. line of Ridgeway Drive, same being the
aost Northerly corner of a certain 0.772 acre tract (Lot 1, 6106 1 of the
n Doming 5ubdivfsian);
• THENCE, Scu:h 47 deletes 27 minutes 01 seconds East, continuing along said
Scuthwes: I.O.W. Sire, same being the North boundary line of said 4,900 acre f
tract, a c's:arce of 21.20 fait to Of PRINT OF 8£2:NNING of tM tract herein
des:rite:,
M *:-ENCE, Sc.::n 47 degrees 27 minutes 02 seccnds East, continuing 11:119 said a'
Scuthwes: R,O,W. 1ire, sane being the North bourdary line of jai; 4,900 acre
r tract, a :'.rarce of MU fee: to t6a Northeast corner of said 4300 sees
tract. mare :aims a e rear of the tract herein des:r!bed;
THEvCE, Sou:h S3 degrees 4' minutes 2s seconds East, continuing i'c-1 said
Sau;haves; Q.D.W. line, s dis;tnu or x52.34 fee; :o a corner of t•.1 :riot a
herein de:•'bed;
TH.NU' S:.:'n 47 degrats 17 mimeos 0: sec:rds East, continuing als•-9 said
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r Southwest I.O.W. line. I distance of 48,17 feet to the most Easterly corner of
the tract herein described:
THENCE, South 44 degrees 43 minutes 54 seconds West, leaving said Southwest
R.O.W. line, a distance of 348.46 feet to an interior corner of the tract
herein dowited;
THENCE, Scuth 45 degrees 15 minutes 36 secords East, a distan-a of 37.03 feet
TTT to a corner of tre Prat: herein described;
THENCE, South 44 degrees 43 minutes 54 secords West, a distance of 290.30 feet
to the most Southerly earner of the tract herein described;
THENCE, North 30 degrees g5 minutes 14 seconds West, a distance cf 226137 feet
to an interior corner of the tract herein described;
THENCE, North 45 degrees 05 minutes 14 seconds West, a distance of 33100 feet
to an interior corner of the tract herein described;
THENCE, South 89 degrees 54 minutes 46 seconds West, a dvtance o.` 211174 feet
to a point on the East R.O.W. line of Ridgeway Drive, same being the most
Westerly Southwest corner of the trace herein descried;
THENCE, North 00 degrees 05 minutes 14 seconds West, along said Easterly
R.O.W. line of Ridgeway Drive, a distance of 464.91 feet to the point of curve
of a curve to the right having a central angle of 42 degrees 38 ;!mutes 00
seconds, a radius of 329.71 feet and + length distance of 245.334 feels 1
THENCE, in a Northerly direction, continuing along said Easterly A.D.W. line
of Ridgeway Drive, following said curve to the right, a length distance of
20.334 feet to a point en the arc of said curve to the right, ease being the
most Westerly Northwest corner of the tract herein described;
1
THENCE, South 71 degrees 13 minutes 16 seconds East, leaving said Easterly
R.O.W. line of Ridgeway Drive and along the South boundary line of said 0,772
acre tract, a distance of 144,10 feet to a,+ interior carrier of the tract
herein deseribed;
• THENCE, North 40 degrees 14 minutes 17 seconds East, along the Easterly
boundary 1!me of said 0.172 acre tract, a distance of 151.01 fees::o a point
am the Souehwesi: R.O.W. 1!ma of said interstate Highway No. 3SE, ease being
the most Easterly corner of said 01771 acre tract, and also beir; the POINT Of
felt) c of lard, g mare within or less. teen and
unds'64233 t acres tract (291.:05 n equare dot.-ribel,
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TRACT C: `
Ss!mg a tree: or parcel is Land eamta!mirg 5.2911 was of land, sl;uated in '
the John Mcfowar Su-veyl Abstact No, 791, Denton CwntY, Texas, teing apart
ue, that
tat Jehn for eca oneCra; 17 0th daye of•ray.d196S, And RrecirdedeinNvolume oS38,
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Page 538, D, C.O.R., save being out of a certain 18.712 acre tract, as per plat
of Nash Coroeratien, C:nsulting Engineers in Denton, Texas, dated June 3,
1983, said 5.2971 acre tract being more particularly described by metes and
bounds as foilowsi
COMMENCING at the Nor:rarty corner of said 4.900 acre tract, same being on the
Southwest R.O.'a. tine o' Interstate Highway No. 356 and also being on the east
boundary tine of the 4. Erwin Subdivision (recorded 'n Volume 337, Page
THENCE, South 39 desrsis 12 minutes 00 seconds East, leaving said East
beurdary line of J.W. Er-41n Subdivision and along said Southwest I.O.W. line
of Interstate Highway 35E, same being the North boundary line of said 4,900
acre tract, a distance of 68.60 feet to an argle points
THENCE, South 47 degrees 27 minutes O0 seconds East, continuing alcng said
Southwest R.O.W, line, ease being the North boundary line of said 4.900 acre
tract, a dittsrce of 34.20 feet to a point, same being the most Easterly
'or,ner of a certain 0,_'7 acre tract and also being the point of intersecticn
of said Southwest R.O.w, line with the Westerly R.C.V. line of R!dyway Drive
(based on a width of 80,01 feot)i
THENCE, South 47 degrees 27 minutes 0; seconds East, continuing along said
Southwest R.O.W. tire, same being the North boundary line of said 4.900 acre
tract, a distance of Woo feet to a point of intsrsac tien of said southwest
R.O.W. line with the Easterly R.O.W. 1Ire of said Ridgeway Drive, same being
the most Northerly corner of a certain 1.772 acre tract (lot 1, 61eck 1 of the
Dunning Subdivision) as recorded in Cabinet "C", Pages 355 and M. O.C.P.R.t
THENCE, South 47 degrees 27 minutes 00 seconds East, continuing along said
Southwest R,D,W, line, same being the North boundary line of said 4,900 acre
tract, a distance of 254.50 feet to in angle point, same being the Northeast f
corner of said 4.980 acv tracts
THENCE, South 53 tegrees 47 minutes 26 seconds East, continuing along said
Southwest R.O.W. line, a distance of 452.34 feet to in angle points
* THENCE, South 47 degrees 27 minutes 01 secords East, continuing along said
i Southwest R.O.4, lint a distance of 379.49 fait to th4 POINT OF SUMMING of
the tract he,•A descri:4dt
' THENCE, S. :h 47 degrees 27 airu:es 01 seconds East, continuing along said
Southwest R.O.W. line a da toed of 346,61 foot t: s 'oint for w mtr of the
tract heriin described;
ThSMM Sr.:h 24 df;reet 49 minutes 43 seconds East, a distance of $5.19 feet O
to an in:4rior corn4:' :4 he tract hviln described, same being on the West
R.O.w, lint of a Ea road a tors-t (recorded in volume 333. Page 19,
D.C.D.R,);
THENCE, South 00 degree 43 minutat 21 seconds East, along the Vitt R.d,w,
line of laid so foot r:a: ° ?.W, a cement, a dlstar:s of 184.51 feet to a
point for t-i Southeat:...nt r of :ne tract eoreir eetCrlbedi
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THENCE, South 84 degrees 43 minutes 54 seconds hest, m distance of 752.29 fat
to the mots Southwesterly corner of the tract herein described;
THENCE, North 02 degrees I6 minutes 06 seconds West, + dfs unto of 40.76 feet j
to a corner of the tract herein described;
rHE4CE, North 44 degrees 43 minutes 54 seconds East, a distance of 110,00 feet
to an Interior corner of the tract herein descril:k;
r
rH1NC1, North 00 degrees 16 minutes 06 %*cards West, a distance of 11.31 foot
to a corner of the tree: heroin described;
THENCE, North 44 degrees 43 minutes 54 seconds East, a distance of 170.00 feet
to a corner of the tract herein described)
THENCE. South 45 degrees 16 minutes 06 seconds Eat%, a distance s' 9,98 feet
to an !nttricr corner a! the tract herein described;
rHENCe, North 44 degrees 43 minutes 54 seconds Ems:, a distinct of 361.07 fee:
to a oo!nt on the Southwest CON. line of said Interstate Highway No, 351,
same being the POINT OF bEGINNINC of the tract harem described, containing
within these metes and bounds 5.2971 acres (230,744 square fee:;, of land,
more or less,
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SEW BYt 4-20-98 ; 3n3013N -8409497239 2/ 4
eFICSOLMMTOOMPANY
CchdrrulHiR 30 Yearn Oil Serph v
Stow. A. Usum CRA
I,8,e1p1 i
Apri 120, 1999
Mayor and City Council
City of Denton
21 S Past MaKltncy
Denton, Tcxos 72401
lU;: Ilta»lu GxrPR INOUStntFS, Itac .
wire and Oentlemom
You have iogtwdsd dud we MdwtJm a lhnhed review end uulyriu of Utilities United Copper Industries.
Ina ("United (;rynper" or the "Company"l a Taw coepondA and providc you with our opWon of the
finencW condition of do ComM a such mlita to the granting of a tut sWisa e d b UnW Copper
rolocation of a dtatrib AW t3cilily and ombu Lion of a now ment4dwing facility within ma City. This
evnkuton is to resist the City In the antpletkxt of a raplMd financial evaluation tdthe applicant for the I
alwomw t as tcqubW by the l:Ws T1nlicy for Tax Aba ww7w. Shem audited finsncW sinsonw, arc not
yet avulabda, we asked fa and roeoived alt=Wve docume taboo to den mantle that the convery No
wherewithal to opehate as mpresented. Such tnatetials tr w avidwoo that significant Am& have Rh*
boar cs wAW on the project We ware p teemed evidwod dun lead had boon Mc ased and agtdpmnd
ordered. We also Visited the erred fneitaies which Itwsad large Inventories of copper wiring and
produces that was neportod to be doe property of der OmWw7. AdditiwWly, vo Ydwvietvod the general
manager. and dmindstratve manager of the Canpwly to validate the exidws of an ongoing outworn. A
summary of On dacwncata that wa reviewed for dis analysis l as fnl lows
(1) United Copper's Application for 'fix Abatement
(Ii) an wnaWked balance ebeat and Inane statenwo for The Company for the akMar year
ending Deoennbtr 31, 1997 and furJanuary and pcbnnaryor (998;
(iii) a dewiption of FUSA lr4*kk&Unidw ofMexico (IUSA) Ow p=W ofUnieed Ccvw,,
@ (Iv) an wwalk swrwnary Innate swer"ts, balance shoots and finwcW ration for IIJSA for the
floml yaws coding %pkmber 10, 1994 through 1996, and the ft nka monde of 1497 of
IUSA;
(v) a oupy of to closing docwra b of 91.233 xnes of lad by flnllastrort Worth Real Edsfy j
Tnve*nmts N ILimhM Pubmship (tru'lkvebpa'~ and their esalglttnerA of site pmp" to
@ Unites Copper, and @ @
)NVI~NIMI.NI' I3ANKLkY Siwt 1946
1100PailkA"sat SwOoJW•POW. CowU261-4432,2If.111-004-SM4TO-) 70) PAY 114OS)40J*
54
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SFM BY: 4-20-98 ; 3:301°tt . -94 0 34 97 2 39 ;t 3/ 4
President loos Hard of 111roetors
71inky River Authority
June 24, 1997
(r) oopin of invoices for frva piety of equiprront by IUSA for delivery to do facnikias in
[)refers, l lass. li '
I
United Copper's bualrnesa plan is to produca and (lacuna oopper wire for the commercial and maidential
oorndrrrctk n mtkcss 1n the 48 contiguous Saws whdn}a the United Stage Additionally. the Company wl ll
distribute relatad producer, produced of oOm boad^ from the Daia % Tmn finality. Tta company ls
Hnaroed by art ispiy Inirvest nr IUSA IndusWas 1lnidr of Maxko (I USA) the pneent of Uri hod copper.
Additiunally, IUSA fvanow the lnvonkxysWworlih>ocapital oflhel:,ompeny.
Though we haw rot mvlmW any sudmed finawlial stakmant of the Comprry we haw mvkwed
umidited Information of doe Comm. The Canpany, 6 curvondy being edited by Delowe A Tcxada,
That audited sboukl be computed by Ow end of April 199L
For the purpose of this limited mvkw rd analyst; we have examined dte duconneots described shove end
based Iharcon provide you with our opinion regarding the fitane6i consider of the Company ere relating to
dais prc>imeunl tax abstcmat While we have no nepon In bd inn oidarwiaq we have silts upum ft
domnarm and to be faottal and occurraw and eooaMing no a mbalorr a mh taltiments of any material
floc. We haw further ssstmed dot rise has not been any materiel advent dwW in the lensing
caddkx% finaroes or prospect far the, Company subsequent to the data of Ow Axegolog mRoruis. We
haw vlek xh doe dais f86111101 In Ceppel[, 'fear and haw We 4ntsviewod the msagerrferd and
indepe dcm eaouotamis of the Company, The opinion napre sled baeht 6 based on the fMaoclat position
of the Company at 1+ebnary 23,1998,
Some of the myor faclmrs we have considered in our analysis are so out below:
I . The Comptny was Is cwcody (porating in Coppell,' fate as a distribution company.
2. [USA, dr parent company, mpnned to haw rcvonues of $431,4 million and $754.7 million In
1944 and 1996, respectively, and $61 S million in der first nine months of 1997;
3. IUSA reported to have mweores of $(1219) million sod $23.7 million in 1994 and 1996,
respe irvely, and 524.6 miUlal k da fug ninemoraine of 1947;
4. I I )SA reported asses of S743 million in 1994 and $960 m illim un September 30,1943;
S. TUSA rcpatal %vwCag espial of 5201 m0tkm in 1994 and $U3 million on Sertcntber 30. 1997;
t lniled uvpa r *xW net Irnoma of SM thousand in 1997 fnxn solo of $43.3 milk,
7. In the fast owe months of 1998 United Copper reported a 1ua of $194,000 on revemmys or S6.4
million.
AI yens requesk av upirnlu n is heed solely upum the foregoing hits W review and m*s6 r of Febnrery
28, 1999, and upon dw badness and roartnd ooditkxs r they exletod at fiat time. Addkiora , mar
` mplnkvn don not bke ;ado account or ooslder lbbrro or ontiApeMd dvayiw In oawumla buainm or
market omdill m and their puta1161 clfeals on ds Canpa+Y'rn fuhmo ability In MM In obiigltlors odor
i I
E E
60
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SIM 8Y; 4-20-88 3:30PN ; 8403487298 4/ 4
Prw""A and Beard of D4atart
Trlolty 3UYw Aatbaft
Joao 44, JIM
dw AVOwmnt 1t b alrr opobn drat u of Fahnrry 28 199a the firrrclal rvrcxtrcea of the Cbmper+y are
wlfi wM io povlds rmwo" ammom the all obllpdm oldie tea ab*m t ayrearreut will be met.
'Ibo op6lkn ed Iardt to thb ban b ookly for the bmfit of tk City and may not bo nlled upon in any
manner whmwevw by any odwr pm m. VnhmK prior w» aen overeat IMa kuw may nut be gmxal In
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EXHIBIT E
ORDINANCE NO. i
I
AN ORDINANCE AUTHORIZING THE MAYOR 70 EXECUTE A TAX ABATEMENT
AGREEMENT WITH UNITED COPPER INDUSTRIES. INC. SETTING FORTH ALL THE
REQUIRED TERMS OF THE TAX ABATEMENT AGREEMENT IN ACCORDANCE WITH
THE TERMS OF CHAPTER 312 OF THE TEXAS TAX CODE; SETTING FORTH THE
VARIOUS CONDITIONS PRECEDENT TO UNITED COPPER RECEIVING THE TAX
ABATEMENT; AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH
UNITED COPPER INDUSTRIES TO PROVIDE ELECTRICAL SERVICES FOR A MINI-
MUM PERIOD OF FIVE YEARS; PROVIDING FOR A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on the 3'u day of February, 1998, after a public hearing duly held in accor-
dance with §312.201 of the Act, the City Council passed Ordinance No, 98-016 (the "Ordi-
nance") establishing Reinvestment Zone No. 1, City of Denton, Texas as a commercial/industrial 1
reinvestment zone for tax abatement (the "Zone"), as authorized by Title 3, Chapter 312, Sub-
chapter B of the Texas Tax Code (the "Act"); and
WHEREAS, on the 12'n day of December, 1997, United Copper Industries, Inc, submit-
led an application for tax abatement with various attachments to the City concerning the coniem-
plated use of certain property located within the Zone; and
WHEREAS, the City Council finds that the contemplated use of the premises and the
contemplated improvements to the premises, as indicated by United Copper Industries, Inc. are
consistent with encouraging the development of the Zone in accordance with the purposes for its
creation and are in compliance with the Denton Tax Abatement Policy; and
WHEREAS, the City Council deems it in the public interest to enter into a Tax Abate-
ment Agreement with United Copper Industries, Inc,; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION L That the findings contained in the preambles to this ordinance are true and
! correct and are adopted as a part of the whole ordinance.
SECTION 11. That the City Council finds and determines the following:
1. That the contemplated use of the premises and the contemplated improvements of the prem-
ises, as indicated by United Copper Industries, Inc, are consistent with encouraging the de-
velopment of the Zone in accordance with the purposes of its creation and are in compliance
! with the Denton Tax Abatement Policy. O !
2. That the City Council finds that the improvements sought by United Copper Industries, Inc.
within the Zone are feasible and practical and would be a benefit to the land to be included in
the Zone and to the City after the expiration of he Tax Abatement Agreement to be entered
into with United Copper Industries. Inc
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3. That the City Council finds that the Tax Abatement Agreement contains all the terms which I
are manditorily required to be included in any ta,t abatement agreement under §312.205 of
the Act.
4. That, in accordance with Tex. Tax Code §312.2041, the City Council finds that not later than
the date on which the City Council considered this ordinance, and not later than the seventh
day before the date the City enters into a Tax Abatement Agreement with United Copper In-
dustries, Inc., that the City Manager, through the Director of Economic Development, who
are hereby designated and authorized by the City Council to give such notice, delivered to the
presiding officer of the Denton Independent School District and Denton County a written
notice that the City intends to enter into this Tax Abatement Agreement with United Copper
Industries, htc., and that this notice included a copy of the proposed Tax Abatement Agree-
ment in substantially the form of the Tax Abatement Agreement attached to this ordinance.
SECTION lit. That the Mayor, or in his absence, the Mayor Pro Tem, is hereby author-
iecd to execute a Tax Abatement Agreement with United Copper Industries, Inc., substantially in
the form of the Tax Abatement Agreement which is attached to and made a part of this ordirance
for all purposes as if written %%ord for word herein. Provided, however, that the Mayor shall exe-
cute the Agreement simultaneously with the execution of similar tax abatement agreements with
United Copper Industries, Inc. executed by the Denton Independent School District and Denton
County so that all these tax abatement agreements take effect at the same time.
SECTION IV. That the Mayor, or in his absence, the Mayor Pro Tent is further author-
ised to execute the attached contract between the City of Denton and United Copper Industries,
Inc, to provide exclusive electric service for a period of not less than five years, in substantially
the form of the Electric Scrvice Agreement, %%bich is attached to and made a pan of this ordi-
nance for all purposes as il'writtcn word for word herein.
SECT[ ON V. That the City Council hereby instructs anc' authorizes the City Manager to
inspect, audit, and evaluate the progress of United Copper Industries, Inc, to detennine if it has
met all of the conditions of the attached Tax Abatement Agreement prior to the tax abatement
going into effect.
SLCTION V1. That if any section, subsection, paragraph, sentence, clause, phrase, or
word in this ordnance, or application thereof to any person or circumstance is held invalid by
any court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this ordinance, the City Council of the City of Denton hereby declares that they
would have enacted such remaining portions despite any such validity,
• SECTION V_l[, Thal this ordinance shall become effective immediately upon its passage •
and approval,
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PASSED AND APPROVED this the day of , 1998.
JACK MILLER, MAYOR `
I
ATTEST:
JENNC'+R WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY. CITY ATTORNEY
BY..~C4tN'f~~`
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AGENDA INFORMATION SHEET Oale.-.ll-~ y
AGENDA DATE: August ll, 1998
DEPARTMENT: City Manager's Office
01: Ted HerimIdes, City Manager
SII IIJECT:
Receive a report. hold a discussion, and give staff direction concerning an application form for
requesting a franchise for cable television service and establishing the amount of a non-refundable
application fee.
HAC'KGROUND:
Nortex lelcom, L.L.('. has approached the city to receive a franchise for the provision of cable
Iclevisiun service in the city. See. 8.31 ofthe Denton C'odc (('able "fclevision) states:
NO license, franchise or renewal thereof for cable television shall be issued except upon
written application Ic the city council on an application form prescribed by the city
council S:ieh form shall contain such information as the city council may prescribe as
to the citi.viship and character of the applicant and the financial, technical and other
lualllieu1io:15 of the applicant to opvtow the system; complete information as to its
I.rincipals and ultimate hcneticial owners, including, in toe case of corporations. all
sixkholders, both nominal and beneficial, owning, one(I) percent or more tit' the
issued and outstanding stock and, in the case of incorporated associations, all members
and tltimmc hencticial owners, however designated; complete information on the
extent and the quality of the service, number of channels, hours or operations, variety
of progrun.s. local coverage, safety ntl'asures, installation and stlbscrlptlon fees; and
such other information as the city council may deem appropriate or necessary, Such
• application shall be signed by the applicant or by a duly authorized representative,
evidenec Of whose authority shall he subntit!ed with the application. Gach applicant
shall wal.c full disclosure of the true owner of the applicant and of the equipment to be
erttployed oral renderirg service and of the source of funds for the purchase, lease,
rental and trstollation of such equipment, Each applicant shall set forth as completely !
us pussibh. the equipment to be employed, the routes of the wires and cab'a, the areas
C to be ser%cd, the approximate starting and completion dates of construction of the •
sy.stcm and the dates service will actually be available to the areas named. Bach
applicant shall submit a nonrefundable application fee as may be established by the city
council IO cover the costs of reaievv, issuance and enforcement of franchises issued
pursuant to this chapter.
(Code 1966. S 5S'r-80:Ord, No. 88.182, § 1, 111.88)
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The city has retained the services of cable television consultant Charles Gramlich and Associates to
develop a form, assist the city with a review of the completed application, and develop a franchise
agreement between the city and the applicant.
Staff recommends that the amount of the non-refundable application fee be based on the cost to the
city of the cable television consultant, an amount expected to be 55,000.
I
PR[OR ACTIQN/RFVIFW ICouneHs Boards Commissional:
Although the Cable Television Advisory Board has not met to review the draft application form due
to time constraints, it Is expected that the Board will review the completed application form and
make a recommendation to the City Council regarding the awarding of a franchise.
FISCAL [NFORNIATION:
Cost to city for cable television consulting services: $5,000. Cost may be recouped through the
amount established as the non-refundable application fee,
Respectfully submitted:
Bet y Willie s
Assistant to the City Manager
Prepared by,
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Richard Foster
Public Information Oflicer
Attachment: Ordinance
Application Form
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ORDINANCE NO.
AN ORDINANCE IN ACCORDANCE WITH SECTION 8-31 OF THE CODE OF ORDI-
NANCES OF THE CITY OF DENTON, TEXAS, APPROVING AN APPLICATION FORM
FOR AN APPLICANT FOR A CABLE TELEVISION FRANCHISE; SETTING A NON-
REFUNDABLE APPLICATION FEE FOR THE COSTS OF REVIEW, ISSUANCE, AND
ENFORCEMENT OF THE APPLICATION OF A FRANCHISE FOR VORTEX TELCOM
L.L.C.; AND PROVIDING AN EFFECTIVE DATE. V
WHEREAS, Nortex Telcom LL.C. ("Nortex") wishes to apply to the City for a cable
television franchise; and
WHEREAS, Section 8.31 of the Code of Ordinances of the City of Denton requires that
no such franchise may be issued except upon written application to the City Council on an appli-
cation form prescribed by the City Council; and
WHEREAS, the City has hired a cable television consultant, Charles Gramlich, to assist
in the process of reviewing the application of Nortex, the issuance and negotiation of the fran-
chise and enforcement and related matters and, with the assistance of the City Attomey's office,
Mr. Gramlich has prepared an application form; and
WHEREAS, Section 8.31 of the Code of Ordinances requires that each applicant must
submit a non-refundable application fee, which must be established by the City Council, to cover
costs of review, issuance, and enforcement; and
WHEREAS, the City Council deems it in the public interest to approve the cable televi.
sion franchise application fort and to set a non-refundable application fee; NOW, THERE.
FORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I That the attached form entitled "City of Denton, Texas Application for Ca.
'A ble Television Franchise" is hereby prescribed, adopted, and approved as substantially in the I
tens of the attached form, which is made a pan of this ordinance for all purposes, for the use of
any cable television franchise applicant, including Nortex, in accordance with Section 8.31 of
the Code of Ordinances.
5LCTIOLL That the City Council hereby establishes a non-refundable application fee
for the application of Nortex for a cable television franchise In the amount of the entire cost of
the services of Charles Gramlich and Associates or other consultants emplo;ed by the City to
assist the City in the review of the franchise application, the issuance and negotiation of the fran•
chisr„ enforcement, and related matters, which fee is currently estimated at five thousand dollars
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SECTION 111. That the City Manager or his designee is authorized to request that Norlex
complete the attached application form and provide all the information required and such other
information as the City Council may deem necessary to review the applicant's legal, technical,
and financial qualifications and its ability to meet the future cable-related needs and interests of
the city.
ffL11ON IV, That this ordinance shall become effective Immediately upon its passage
and approval.
PASSED AND APPROVED this the day of 1998.
J`
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JACK MILLER, MAYOR
ATTEST
cR WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY.lO`l' Ott
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ORDINANCE NO.
AN ORDINANCE IN ACCORDANCE WITH SECTION 8.31 OF THE CODE OF ORDI-
NANCES OF THE CITY OF DENTON, TEXAS, APPROVING AN APPLICATION FORM
FOR AN APPLICANT FOR A CABLE TELEVISION FRANCHISE; SETTING A NON-
REFUNDABLE APPLICATION FEE FOR THE COSTS OF REVIEW, ISSUANCE, AND
ENFORCEMENT OF THE APPLICATION OF A FRANCHISE FOR VORTEX TELCOM
I..L..C.; AND PROVIDING AN EFFECTIVE DATE:
WHEREAS, Nortcx Tclcom L.1. C. ("Nortcx') wishes to apply to the City for a cable
television franchise; and
WHEREAS, Section 8.31 of the Code of Ordinances of the City of Denton requires that
no such franchise may be issued except upon written application to the City Council on an appli-
cation form prescribed by the City Council; and
WHEREAS, the City has hired a cable television consultant, Charles Gramlich, to assist
in the process of reviewing the application of Nortcx and, with the assistance of the City Attor-
ncy's office, Mr. Gramlich has prepared an application form; and
WHEREAS, Section 8-31 of the Cod: of Ordinances requires that each applicant must
submit a non-refundable application fee, which must be established by the City Council, to cover
costs of revicw, issuance, and enforcement, and
WHEREAS, the City Council dcctns it in the public interest to approve the cable lclevi-
lion franchise application form and to set a non-refundable application fee; NOW, THERE-
FORE,
i
1 HE C'OUNCI1, OF TIIE CITY OF DENTON I IFREBY ORDAINS:
S_LC'1 ION L 'I hat the attached for ntitlcd "City of Denton, Texas Application for Ca-
ble Tclcvision Franchise" is hereby prescribed, adopted, and approved as substantially in the
terms of the attached form, which is made a part of this ordinance for all purposes, for the use of
any cable television franchise applicant, including Nortcx Tclcom L.L.C., in accordance with
Section 8.31 of the Code or Ordinances
SIC HON II, I hat the City Council hereby establishes a non-refundable application fee
I:+r the application of Vertex fur a cable Iclevisiun franchise in the anwu: t of five thousand dot-
tars (SS,QOoy to cover the costs of review, issuance, and enforcement of this franchise:
UC HON 11L that the City Manngcr or his designee is autborited to request that Norsex d
complete the attached application form and provide all Ili: information required and such other
infonnation as the City Council may deem necessary to review the applicant's legal, technical,
and financial qualifications and its ability to meet the future cable-related needs and inlcresls of
the City:
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SECTION IVY That this ordinance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED this the day of 1998.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ~
APPROVED AS TO LEGAL FORM:
11 LRBFRT L. PROUTY, CITY ATTORNEY
BY: -
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CITY OF DENTON, TEXAS -
APPLICATION FOR A CABLE TELEVISON FRANCHISE
The City of Denton, Texas ("City"), is considering the request of Nortex Telecom L L.C, ("Applicant")
for a cable television franciise.
The City requests that the Applicant complete the following Wmmflon for its use in reviewing the
Applicants legal, technical, and financial qualifications and its ability to meet the future able-related
needs and interests of the community in accordance with Section 8.31 of the City Coda Return three
(3) copies to The City of Denton, Attn: Mr. Richard Foster, Public Information Officer, Municipal
Building, 215 E. McKinney, Demon, Texas 76201; one (1) copy to Charles Gramtlich do Assodetes,
Attu Mr Charles Gramdiclr, 8103 Chardonnay Cove, Austir4 Texas 78750 as soon as possible, If
them are any questions relating to this doormen, please direct them to Richard Foster at the above
mention address or by calling him at 940.349-8509, or by tax at 940.349-8236, or to Charles Grmilich
at the above-mentioned address, or by calling him at 312.342.7848, or by fax at 5 12-3 42-7844.
A copy of this application is available on a 3.5" diskette using Word is available by contacting Glades i
GramTich.
APPLIcANT's PROPOSALS FOR IMIIAL CABLE TELEVISION FRANCHISE
All proposals received by the City from the applicants for an initial cable television franchise will
become the sole property of the City.
The City reserves the right to reject any and all proposals and waive informalities andror
technicalities where the best interest of the City may be served.
Before submitting a proposal, each applicant must:
I . Examine the application documents thoroughly.
2. Familierize himselnerself with local conditions that may in any manner affect
performance under the franchise.
3. Familiarize himselMerself with federal, state and local laws, ordinances, rules and
regulations affecting performance under the franchise, including Chapter 8 of the
City Code.
A 4. Carefully correlate the application with the requ'.rements of this procedure and the
application documents.
The City may make such Investigations as it deems necessary to determine the ability of the
applicant to perform under the franchise, and the applicant shall furnish to the City all such
information and data for this purpose as the City may request
Q
The City reserves the right to reject any proposal if the evidence submitted by, or Investigation of;
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such applicant fails to satisfy the City that such applicant is properly qualified to Carry out the
obligations of the franchise and to complete the work contemplated therein. Conditional proposals
will not be accepted,
No initial cable television franchise will be granted to any applicant unless all requirements and
requests of the City regarding the legal, financial and technical qual'ificat'ions and the plans for the
proposed cable television system of the applicant have been met, including compliance with all
applicable requirements of Chaper 9 of the City Code.
Applicants, including all shareholders and parties with any interest in the applicant, shalt submit all
requested btformation as provided by the terms of this procedure or the application documents.
The requested information must be complete and verified as true by the applicant.
Applicants, including all shareholders and parties with any interest in the applicant, shall provide
the following information regarding other cable systems in which they hold an interest of any
nature.
1. Locations of all other franchises and the dates of award for each location,
2. Estimated construction costs and estimated completion dates for each system.
3. Estimated number of miles of construction and number of miles completed In each
system as of the date of this application,
4. Date for completion of construction as promised in the application for each system.
Applicants, Including all shareholders and parties with any Interest in the applicant, shall provide
the City with any documents regarding pending applications for other cable systems, Including but
not limited to, the following'.
1. Location of other franchise applications and date of application for each system.
2. Estimated dates of franchise awards.
3, Estimated number of miles of construction.
4. Estimated construction costs.
1. Contact.
" Please note any changes in the following information regavding the Applicant.
Changes:
l Nortex Telecom, L.L.C.
P.O. Drawer 597
205 N Walnut Street 'r
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Muenster, Texas 76252
Phone - 940-759.2251
Fax-940-759-5557
Contact Person:
Alvin M. Fuhr awA President
2 Identification of Owners,
a. if a corporation, state the names and addresses of all officers and directors and the
number of shares held by each officer and director. Also provide identification and
ownership interest for each nominal and beneficial owner of one percent (1%) or more
of &*can6 issued and outstanding stock. It an incorporated association get the
names, addresses and outstanding ownershtip Interests of all members and ultimate
beneficial owners.
b. If a partnership, provide identification and ownership interest for all general and limited
putnen.
C. if a proprieiorship or other entity, provide fidi ownership details.
d. if the applicant is a subsidiary, will its parent corporation guarantee the obligations and
performance under the franchise?
3. Has the Applicant reta nerd local counsel to represent the company in the renewal process? If
so, please Identify the firm and indicate which omtspondence should be forwarded to them.
4 Has the Applicant or any related entity or principal ever been convicted in a criminal
proceeding ((elonies or misdernewors) in which any of the Wowing offenses were charged?
' YES NO
t1 A. Fraud, Way, extortion,
embezzlement
b. Tax evasion r p.
_ r
c perjury,)mytunpering,
obstruction ofjustke,
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or other misconduct affecting
public or judicial officers'
perfonnartce of their publie
duties
d, False, risleading or
deceptive advertrsutg - -
e. Arai-trust violations ,
state or federal
f. Violations of FCC rules
and regulaBons - -
B. Conspiracy to oomrM any of
the foregoing offerues
Mpgsi«n of ComW Chsrnea If the answer to uty question above is yea, attach a separate
1 statement desen'bing the di !.position of each criminal charge, including the date, coup, sentence, or fine,
5. Is the Applicant, or related entity or any prstdpd a party to or has the Applicant, or related
entity or any principal ever been a party to a civil proceeding in which it was held liable for any
of the foltowingl'
YES NO
e Unfair or and-
comp:titive business practices - 1
E 1
b. Anti-trust violati(m)s (state
and federal) Iris uding
instances in which consent
decrees were entered - -
c, Violations of securities
f gt laws (state and federal) - -
d. False, misleading or
deceptive advertising r -
e Violation of FCC rules
r and regulations 0
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Djgpo-d ion of Civil If the answer to any question above is yes, attach a separate
statement describing the civil proceeding and slate the disposition of that case.
6, Does the Applicant contend that any provision of the City Charter or Ordinxr applicable to
the Applicant or the proposed cable system serving the City is or may be untawfid or
unenforceable?
FINANC
The current financial condition of the Applicant is requested in order to have an understanding of the
inantdal arrangements that may impact the continuing operations of the proposed cable system.
1. What is the source and amount of equity capital?
2, Is any of the equity capital borrowed?
3 What is the primary source and amount of debt?
4. Provide the name of banks arWor lending institutions and specify 6e name and title of the bank
officer or lending offices who has authorized the financing.
5 Please identify the term of all debt financing
6. What interest rate?
7. What collateral is involved?
S. Who are the guarantors?
9. Please provide all current financial statements that support fnwKial viability of the proposed
cable system's operations.
10. Please provide historical financial statements (audited or reviewed, if available) for the past two
years for the Applicant.
11. Please supply documentation that assures the proposed the Applicant's finxicial viability, such
as letters of commitment from financial institutions, which will demonstrate the 6,4ilability of
sufficient funds to construct, operate and maintain the cable television system in the City.
12 Please provide pro Comma Rnancial projections for the operation of the proposed cable 1
television system in the City. Please include deWad revenue and atpense projections and
assumptions for the operation of the cable television system serving the City for the next five
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years. Please include t sauces and uses of funds.
U. The leverage profile of the Applicant is of concern to the City. Please pmvde information that
desrnbes the projected leverage profile of the Applicant and related em 4acs at the vrsd of the
next five ywr•.: Please include the following Patios in your answer: total debt per subst n'ber and
total debt per the running rate cash flow.
14. Please provirle a narrative that discusses the leverage profile of the Applicant and related
entities to inziude: a comparison of the leverage profile to oilier multiple system operators in
the cable trievision industry and the anticipated effect of the leverage profile on the financial
ability of the Applicant to Construct, operate and maintain the proposed cable television system
in the City.
15. Please pr(Mde current financial stuemats for all owners of five percent (5%) or greater
ownership interest in the Aµi bcant.
Any other information that the Applicant wishes to provide which will help the City develop an
accurate picture of the financial condition of the Applicant will be welcomed.
TF.cAL
This Section includes technical questions relating to the Applicant's proposed cable system. I
i
1. Describe in detail the geographic area within the City where the Applicant proposes to
offer cable television services and a schedule for buildout. Indicate the approximate location
on a map, or by description, of the fixed system facilities, including tower, satellite earth
stations, microwave links. The routes of the wires cables and other facilities
1 If •my of the proposed cable television system is to be installed overhead, evidence the
surplus space available for locating the proposed cable television system on existing utility
poles along the proposed route.
3. Does the Applicant intend to interconnect the proposed cable television system with other
cable television systems, telecommunications systems or open video systems?
0 4. Presuming the Applicant obtains a cable television fratci,ise from the City, please describe
the types or services the Applicant plans to provide through its cable television system or
any other system by answering the following questions
A. Does the Applicant plan to offer private, switched telephone services to
customers?
0 b. Does the Applicant plan to offer local switched telephone service to City residents
either through its own facilities or as a resale carrier?
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C. Does the Applicant plan to offer long distance services either through its own
facilities or as a resale carrier?
d. Does the Applicant plan to offer customers high-speed data transmission services?
C Does the Applicant plan to offer customers Internet access capabilities?
f. Does the Applicant plan to offer video conferencing services to customers?
g. Does the Applicant plan to offer any type of video programming service to its
customers, including cable television, open video system service, or video dial tone
service?
h. Does the Applicant plan to offer wireless telecommunications services to
customers?
i. Does the Applicant intend to lease or sell transmission capacity on its system to
other entities?
If any of the questions above were answered "Yes," please describe in detail to whom, r,ow and
when such services or facilities are planned to be offered.
5. Provide a schedule and completion dates for development and construction of the
Applicant's proposed cable television system. The schedule for buildout should set forth
the approximate starting and completion dates of construction of the system and the dates
service will actually be available to the areas named.
6. Please identify and provide the following is wr ation regarding the Applicant's proposed cable
television system,
a. Beginning date of construction of system.
b. Number of downstream channels,
c. Number of upstream channels, discuss and describe any institutional networks and
interconnection services
d. Channel Format (Check one)
Standard Carrier
Harmonically Related Carriers
' Other (please describe l
• C. Number of public access channels,
f Complete fee schedule including subscription fees and other charges.
g Quality of service reasures including Applicant's procedure for handling customs
complaints,
h Safety measures and safety programs,
i. Noun of Opcation.
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7. Indicate the anticipated channel capacity of the proposed cable television system:
Downstream
# of video channels
# of audio-only channels
# of data channels
# of voice channels
upstream
# of video channels
# of audio-only channels
# of data charnels
# of voice clatnels
8. System Design
a. What are the system's design parameters9
b. What is the longest trunk amplifier cascade?
C. How marry line extenders in cascade?
d. What are the projected worst-case distortion characteristics?
9. Has the Applicant ever had a business license, including a license obtained from the FCC
revoked, suspended or the renewal b ereof denied, or is the Applicant a party to proceedings
that will result in the same?
10. Has the Applicant ever, as tht resat of an adjudicated proceeding, been found in violation
(other that routine service complaints) of any franchise ordinance or agreerrmt, contract or
regulation governing a cable television system owned or operated by h?
it. Has the Applicant ever vitiated litigation against a 6aneh ising authority or has a franchising
authority initiated litigation against it? If so, identify the fianchising authority btvotved, the
court or administrative agency in which that litigation was docketed, the nature of the
controversy that was the source of the litigation, the 0;sposition or result of that litigation, and j
A any other relevant fads.
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12. Has the Applicant been cited by any fivwhsing authority for not meeting the Federal Customer
Service Standards or Customer Service Ste KW& ad out in any local hrichn ag eeMlt of
ordinance?
Any other information that the Applicant wishes to provide which will help us develop an accurate
picture of the tedurical oorAtion of the cperation will be wndoorr ed.
I
Applicant must submit with the connpleted application a nom-refiudable application fee in the amount
of $ to cover the costs of review, haw" and ed'ofcetrtnt of the proposed
franchise. k
I certify that I am authorized to execute this Application on behalf of the Applicant. I further
understand that if then are material omissions of information requested by this Application or
deliberately false answers given to questions on this Application, the City of Denton, Texas, may
revoke any franchise, permit or license it has grimed in reliance on the answers provided by
Applicant to this Application.
Date,
Name of Applicant
By
Notary Signature Line
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Agenda TO
BOARDS/COMMISSION NOMINATIONS Agenda ltem_--
Lg
Date~
AIRPORT ADVISORY BOARD ,
r4, Current Member Nomination Tenn Council
Terry Garland Terry Garland 1996.98 Mayor j
Approved 7121!98
Ann Houston Ann Houston 1996.98 Cochran i
Approved 7/22!98
Jamesr8sn sou X&otl Jim Risser Ronald Keaton 1996-98 Beasley
Approved 7/21198
ANIMAL SHELTER ADVISORY BOARD
Dist Current Member Nomination Ic'-t Council
2 Joel la Orr Joella Orr 996-, Durrance
A roved 7!21198
5 Mary Bendaick Phyllis Flott 1996-98 Beasley
Approved 7/28!98
6 Amanda Casey Harriot Aronson 1996.98 Burruughs
Approved 8/4/98
BOARD OF ADJUSTMENT
Dist Current Member Nomination Term Council
i
5 Bob Manning Bob Mirukl; 1996.98 Beasley
Approved 1121198
P ' 3 Greg Muirhead (ALT) Greg Muirbead 1996.98 Cochran
• A roved 7121!98
4 Joe Bendaick (ALT) Joe Bendaick 1996-98 Kristorerson
Approved 1!28!98
2 Larry Collister Larry Collister 1996-98 Durrance
Approved 7!21/98
J14, NOTE: Shading indicates nominations required
" Indicates vote required
_
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BUILDING CODE BOARD
Dist Current Member Nomination Tenn Council
3 Bob Hagemann Bob Hagemann 1996-98 Cochran
Approved 7/21/98
4 Bryon Woods Bryon Woods 1996-98 Kristoferson
Approved 7/28/98
5 Henry Rife Her-ry Rire 1996-98 Beasley
Approved 7/21/98
6 Alan Nelson Alan Nelson 1996-98 Burroughs
Approved 7/21/98
7 Ken Dobias Ken Dobias 1996-98 Mayor
A roved 7121/98
CABLE TV ADVISORY BOARD
Dist Current Member Nomination Term Council
1 L T. Hensley L.T. Hensley 1996.98 Young
Approved 7/28 98
0 *2 Richard Rodean Jack Gray 1996-98 Dun=e
3 Juanita Johnson John Enlow 1991-98 Cochran
Approved 7/21!98
4 Julia Klinck Julia KIinck 1996.98 Krisloferson
A roved 7/21/98
CIVIL SERVICE COMMISSION
SCurrent Member Nomination Term
Jana Bates Jana Bates 1996-98 City Mngr.
COMMUNITY DEVELOPMENT ADVISORY COMMITTEE
M Dist Current Member Nomination Tenn Council
• 5 Jean Hinojosa Sergio Shearer 1996-98 Beasley
Approved 7/28198
6 Peggy Fox Barbara Stinnett 1996-98 Burroughs
Approved 7/28/98
7 Jean Ellen Rogers Jean Ellen Rogers 1996-98 Mayor
• Approved 7/21!98 t8 •
3 Kimberly Franklin Sondra Few1 1996.98 Cochran
A roved 7/21198
5 Ann Hatch Ann Hatch 1996-98 Beasley
Approved 7121/98
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DENTON HOUSING AUTHORITY
Seat Current Member Nomination Term
7 Tony Soto Tony Soto 1996.98 Miller
7 Bob Crouch Bob Crouch 1996-98 Miller
DOWNTOWN DEVELOPMENT ADVISORY BOARD
Dist Current Member Nomination Term Council
3 George Goen George Goen 1996-98 Cochran
A roved 7/21N8
4 Joanna Deonath Joanna Deonath 1996-98 Kristoferson
Approved 7/28/98
5 Joy Williams Elizabeth Shearer 1996.98 Beasley
A roved 7/28/98
6 Michael Monticino Michael Monticino 1996-98 Burroughs
A roved 7128/98
7 Bette Sherman Bette Sherman 1996-98 Mayor
Approved 7/21/98
1 Vacant (Resigned) Jim Griffin 1997-99 Young
A roved 7/208
ELECTRICAL CODE BOARD
Dist Current Member Nomination Tenn Council
**3 John W. Hardmger 1996-96 Coohnn
,t cr
(Master Electrician) M, .'Ile
4 Fred Harper Fred Hsr•,r 1996-98 Kristoferson
A roved 814,98
l Robert L. flicks Raymond Rodmon 1996-98 Young
A roved 8/4/98
S Salty Rishel Scott Richter 1996.98 Beasley
Approved 8/4!98
HISTORIC LANDMARK COMMISSION
Dist r Current Member Nomination Term Council
3 Diane Ricks Diane Ricks 1996-98 Cochran Q
Approved 7/21/98
' 7 Peggy Norton Peggy Norton 1996-98 Mayor
Approved 7/21/98
2 Jim Kirkpatrick Jim Kirkpatrick 1996.98 Durrance
Approved 7/21/98
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HUMAN SERVICES ADVISORI' COMMITTEE
Dist Current Member Nomination Term Council
4 Vacant (Resigned) Lynn Ebersole 1997-98 Kristoferson
A roved 7121198 ,
6 Fran Moore Fran Moore 1996-98 Burroughs
Approved 7128/98
7 Carol Brantley Carol Brantley 1996-98 Mayor
Approved 7/21/98
2 Charles Saunders 1996-98 Ditttancd
4 Wallace Duvall Wallace Duvall 1996-98 Kristoferson
Approved 7121198
KEEP DENTON BEAUTIFUL BOARD
Dist Current Member Nomination Term Council
I Larry Mullen Jonatham Williams 1996.98 Young
Approved V4/98
2 Sara Saunders Lee Hippie 1996-98 Dunce it
Approved 8/4198
6 Beth Clark ]can Greenlaw 1996-98 Burroughs
A roved 7/28/98 ~i
7 Vera Laney Jean Hinojosa 1996-98 Mayor
Approved 8/4/98
3 Vacant (Resigned) Julie Schamberg 1996-98 Cochran
Approved 8/4/96
4 DceDee Scott DeeDee Scott 1996-98 Kristoferson
,t
Approved 7121/98
0 LIBRARY BOARD
Dist Current Member Nomination Tcrm Council
7 Tcresa Starrett 'reress Starrett 1996-98 Mayor
Approved 7/21/98
3 Kathy Polc Eva Cadwallader 1996-98 Cochran
Approved 7/28198 t
4 Ema Ruth Russell Ema Ruth Russell 1496-98 Kristoferson ,
J Approved &08
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PARKS AND RECREATION BOARD
Dist Current Member Nomination Tenn Council
0 Annie Burroughs Dale Yeatis 1996-98 All
_ A roved 7/21/98
0 Martha Garcia Martha Garcia 1996-98 All
Approved 7/21/98
PLANNING AND ZONING COMMISSION
Dist Current Member Nomination Term Council
3 Carol Ann Ganzer Salty Rishel 1996-98 Cochran
Approved 7/28/98
5 Ellen Hoover Schertz Jim Engelbrecht 1996-98 Beasley
Approved 7/28/98
6 Jim Engelbrecht Carol Ann Ganzer 1996-98 Burroughs
Approved 7/28/98
PLUMBING AND MECHANICAL CODE BOARD
Dist Current Member Nomination Tenn Council
s Millard Heath ; t, r,, a y tr . ;r?a 1994 98 Beae{ey
(Mech. Contractor
6 Lee Capps Lee Capps 1996-98 Bu Toughs
A roved 7/28/98
1 Jeri Coe Jeri Coe 1996.98 Young
(Master Plumber) Approved 7/28/98
PUBLIC UTILITIES BOARD
Dist Currant Member Nomination Term Council
0 George Hopkins George Hopkins 1994-98 All
Approved 7/21/98
SIGN BOARD OF APPEALS k
Dist Current Mcmber Nomination Tenn Council
1 Slick Smith Slick Smith 1996-98 Young
Approved 7/28/98 1
3 Bill Allcn Darlene Mungcr 1996-98 Cochran
Approved 7121198
7 hfikeWicbe Chris King 1996-98 Mayor
A roved 7!21!98
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TMPA BOARD OF DIRECTORS
Seat Current Member Nomination Term
0 George Hopkins George Hopkins 1996-98 ALL
Approved 7/21/98 j
TRAFFIC SAFETY COMMISSION
Dist Current Member Nomination Term Council
r
6 Greg Sawko Greg Sawko 1996-98 Burroughs
Approved 7128198 1
1 Fred Hill Fred Hill 1996.98 Young
Approved 7/28/98
199¢9k; !
2 DetekHaiv-field`~ *4W U
3 Art Seely, Jr. Silvia Lesko 1996-98 Cochran
Approved 7/21198
4 Larry Luce Larry Luce 1996-98 Kristoferson
Approved 7/28/98 t {
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ATTACHM AITO AGENDA MATERIAL FROM MINUTES
THE ATTACHED PAGES ARE THE NOMINATIONSIAPPOINTMENTS MADE TO THE
BOARDYCOMM1SSIONS BY CITY COUNCIL ON AUGUST 11, 1998
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BOARDS/COMMISSION NOMINATIONS
AIRPORT ADVISORY BOARD
Dist Curo at Mctn4er Nomination Tenn Council
7 Terry Garland Terry Garland 1996-98 Mayor
Approved 7/21/98
3 Ann Houston Ann Houston 1996-98 Cochran
Approved 7/21/98
i
4 James Jamieson Jim Roy 1996.98 Kristoferson
A roved 8/11/98
5 Jim Risser Ronald Keaton 1946-98 Beasley
Approved 7/21/98
ANIMAL SHELTER ADVISORY BOARD
Dist Current Member Nomination Tenn Council
2 Joella Orr Joella Orr 1996.98 Durrance
Approved 7/2I/98
5 Slary BenclAck Phyllis Flott 1996-98 Beasley
A roved 7128/98
6 Amanda Casey Harriot Amnson 106-98 Burroughs
A roved 8'4/98
BOARD OF ADJUSTMENT
Dist Current Member Nomination Term Council
5 Bob Manning Bob Manning 1996-98 Beasley
Approved 7121/98
i 3 Greg Muirhead (ALT) Greg Muirhead 1996-98 Cochran
Approved 7/21/98
4 Joe Rendzick (ALT) Joe Bcndtick 19913.98 Krisloferson
A roved 7/28/x8
2 Larry Co0ister Larry Collister 1996-98 Durrance
A roved 7/21/98
NOTE; Shading indicates nominations required
" Indicates vote required
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BUILDING CODE BOARD
Dist Current Member Nomination Term Council
3 Bob Hagemann Bob Hagemann 1996-98 Cochran
Approved 7/11/98
4 Bryon Woods Bryon Woods 1996-98 Kristo£erson
Approved 7/28/98
5 Henry Rife Henry Rire 1996-98 Beasley
Approved 7/21/98
6 Alan Nelson Alan Nels. n 1996-98 Burroughs
Approved 7/21/98
7 Ken Dobias Ken Dobias 1996.98 Mayor
Approved 7/21/98
CABLE TV ADVISORY BOARD
Dist Current Member Nomination T,= Council
L. T. Hensley L.T. Hensley 1996-98 Young
A roved 7/28/P"
2 Richard Rodean Jack Gray 1996-98 Durrance
Approved 8/11/98
Juanita Johnson John Enlow 1996-98 Cochran
Approved 7/21198
4 Julia Klmck JuliaKlinck 1996-98 Kristoferson
Approved 7/21 /98
I
CIVIr, SERVICE COMMISSION i
Seat Current Member Nomination Terrn
CAI Jana Bates Jana Bates 199698 City Mngr.
COMMUNITY DEVELOPMENT ADVISORY CODIMITTEE
. Dist _ Currcnl Alcmbcr Nomination Tenn Council
i
5 Jean Hinojosa Sergio Shearer 1996-98 BUslcy
A Awed 7/28/98
6 Peggy Fox Barbara Stinnett 1996-98 Burroughs
A roved 7/28198
7 Jean Ellen Rogers Joan Ellen Rogers ls,96.98 Mayor p
Approved 7/21/96
_
3 Kimberly Franklin Sondra Ferstl 1996-98 Cochran
Approved 7121/98
S Ann I latch Ann Hatch 1996.98 Beasley
Approved 7/21/98
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DENTON HOUSING AUTHORITY
Seat Current Member Nomination Term
7 Tony Soto Tony Soto 1996-98 Miller
7 Bob Crouch Bob Crouch 1996.98 Miller
DOWNTOWN DEVELOPMENT ADVISORY BOARD
Dist Current Member Nomination Term Council
3 George Goen George Goen 1996-98 Cochran
Approved 7/21/98
4 Joanna Deonath Joanna Deonath 1996.98 Kristoferson i
_ Approved 7/28/98
5 Joy Williams Elizabeth Shearer 1996-98 Beasley
Approved 7/28/98
6 Michael Monticino Michael Monticino 1996-98 Burroughs
Approved 7/28/98
7 Bette Sherman Bette Sherman 1996.98 Mayor
Approved 7/21198
1 Vacant (Resigned) Jim Griffin 1997-99 Young
A roved 7/28/98
ELECTRICAL. CODE BOARD
Dist Current Member Nomination Term Council
003 John W. Hardinger 1996-98 Cochran
(Master Electrician) ° . ' '
4 Frcd Harper Fred Harper 1996.98 Kristoferson
Approved 8/4,'98
1 Robert L. Hicks Raymond Redmon 1996-98 Young
Approved 8/4/98
5 Salty Rishel Scott Richter 1996.98 Beasley
Approved 8/4,98
HISTORIC LANDMARK COMMISSION _
Dist Current Mcmber Nomination Tern Council
3 Diane Ricks Diane Ricks 1996-98 Cochran C
Approved 7/21/98
7 Peggy Norton Peggy Norton 1996-98 Mayor
.Aprroved 7/21/98 ;
2 Jim Kirkpatrick Jim Kirkpatrick 1996.98 Dunancc
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Approved 7/2IN8
HUMAN SFRVICES ADVISORY COMMITTEE
Dist Current Member Nomination Term Council
4 Vacant (Resigned) Lynn Ebersole 1997-98 Kristoferson
Approved 7/21/98
6 Fran Moore Fran Moore 1996.98 Burroughs
Approved 7/28/98
7 Carol Brantley Carol Brantley 1996.98 Mayor
Approved V2V98
2 Charles Saunders Bettye Myers 1996-98 Durrance
A roved 8/11/98
~'aliace Duvall Wallace Duvall 1996-98 Kristoferson
Approved 7/21/98
KEEP DENTON BEAUTIPUf, BOARD
Dist Current Member Nomination Tenn Council
1 Larry Mullen Jona'ham Williams 1996.98 Young
Approved 8/4/98
2 Sara Saunders Lee Hippie 1996-98 Durrance
Approved 8/4/98
6 Beth Clark Jean Greenlaw 1996-98 Burroughs
Approved 7/28/98
7 Vera Lancy Jean Hino}osa 1996-98 Mayor
Approved 8/4/98
3 Vacant (Resigned) Julie Schamberg 1996-98 Cochran
A roved 814/98
4 DccDee Scott DeeDce Scott 1996-98 Kristoferson
Approved 7/21/98
LIBRARY BOARD
i
Dist Current Member Nomination Term Council
7 Teresa Starrett Teresa Starrett 1996 9b Mayor
• Approved 7/21/98 p
> 3 Kathy Pole Eva Cadwallader 1996.98 Cochran
Approved 7/28/98
4 Erna Ruth RussclI Ema Ruth Russell 1996-98 Kristoferson
A roved 8/4,96
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PARKS AND RECREATION BOARD
Dist Current Member Nomination Term Council
0 Annie Burroughs Dale Yeatts 1996-98 All
Approved 7/21198
0 Martha Garcia Martha Garcia 1996-98 All ,
A roved 7121/98
PLANNING AND ZONING COMMISSION
Dist Current Member Nomination Term Council
3 Carol Ann Ganzer Szlty Rishel 1996-98 Cochran
A roved 7128198
5 Ellen Hoover Schertz Jim Engelbrecht 1996-96 Beasley
Approved 7/28/98
6 Jim Engelbrecht Carol Ann Ganzer 1996-98 Burroughs
Approved 7128!98
PLUMBING AND MECHANICAL CODE BOARD _
Dist Current Member Nomination Term Council '
5 Millard Heath 199698 Beasley
(Mech. Contractor
6 Lee Capps Lee Capps 1996-98 Burroughs
Approved 7/28/98
I Jeri Coe Jeri Coe 1996.98 Young
(Master Plumber) Approved 1!28198
1
PUBLIC UTILITIES BOARD
bist Current Member Nomination Term Council
0 George Hopkins George Hopkins 1994.98 All
• Approved 7/21198
SIGNBOARD OF APPEALS
Dist Current Member Nomination Term Council
Slick Smith Slick Smith 199698 Young
Approved 7!28198
3 Bill Allen Darlene Munger 1996-98 Cochran O
Approved 7!21/98
7 Mike Wiebe Chris King 1996.98 M iyor {
Approved 7/21/98
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TMPA BOARD OF DIRECTORS
Seat Current Member Nomin lion Tenn
0 George Hopkins George Hopkins 1996-98 ALL
A roved 7/21/98
TRAFFIC SAFETY COMMISSION
Dist Current Member Nomination Term Council
6 Greg Sawko Greg Sawko 1996.98 Burroughs
Approved 7/28/98
I Fred Hill Fred Hill 1996 98 Young
A roved 7128/98
2 Derek Hartsfield Barry Walters 1996-98 Durrance
Approved 8/11198
3 Art Seely, Jr. Silvia Lesko 1996.98 Cochran f
Approved 7/21/98
4 Larry Luce Lary Luce 1996.98 Kristoferson
Approved 7/28/98
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HANDOUT TO COUNCIL 8/11/98.
To. Denton City Council Members
From: Chamber of Commerce Task Force ("Task Force") '
Date, August 10, 1998
Re: Corridor Ordinance
The following supplemental information to the material from the City Staff (the "Staff") is
provided for your consideration at your planning session on August 11, 1995:
A. Uvel #l: General Aooroach
The Task Force is in favor of the "Site Plan Review" approach resulting in conditioned
zoning (as opposed to a Planned Development). We believe that before a final decision is
made in relation to this approach, it would be helpful to know specific areas within the
"straight" zoning areas that are not developed. Also, the Task Force believes that existing
developed areas should be grandfathered.
b. level #2: Issue Details
The following represents the Task Force's responses (Issue # by Issue to the Staffs
"Options" comments. Should the City Council wish to pursue the "Site Plan Review"
approach, the Task Force would request additional time to review the Staffs "Site Plan
Review Option" presented issue # by Issue N.
1. Issue #I
The Task Force t, incurs with the Staffs "Options" position.
2. Issue #2 j
i
A The Task Force believes that the Corridor Ordinance (the "Ordinance")
should apply only to new construction or to the expansion of a specific
percentage of an existing facility along a corridor. In the case of f
expansion, only the area covered by the new construction would be
covered by the Ordinance
In the case of reconstruction or expansion, variances from the landscape O 0
provisions (not the construction provisions)would need to be available to
property owners.
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3. Issue N3
The Task Force concurs with the Staffs "Options" position.
4. Issue N4 ,
The Task Force concurs with the Staffs "Options" position
S. Issue MS
Increased emphasis of Ft Worth Drive would be acceptable if there is no
retroactive application of the landscape provisions to existing property
owners (see k12 below) and variances were available to property owners
from the landscape provisions (not the construction provisions). The Task
Force questions the designation of East McKinney as an Entranceway.
i
6. Issue q6
The Task Force preference would be for the Landscape Ordinance to
operate independently. If this were done, it would not be necessary to have
any landscape provisions in the Ordinance.
If the Ordinance is going to require setbacks, the City needs to be able to
grant parking variances (where parking can occur and number of spaces).
If a specific site cannot meet the landscape ordinance planting
requirements, a property owner should be able to pay into a fund and/or
plant shrubs/trees in another part of the City.
The Landscape Ordinance needs to be reviewed to make sure the
shrub/tree planting requirements are reasonable Also, it pgr contain
mitigation provisions.
7. Issue N7
i
The Task Force believes that setback variances should be available. If j
granted, the property owner could pay into a City fund and/or plant
shrubs/trees somewhere within the City.
S. Issue qti
the Task Force would suggest that the Ordinance contain one (1) of the O a
following two (2) options:
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a. Ordinance specify which architectural materials are not permitted;
or
b. If the Ordinance is to include types of permitted architectural
materials, it should include "tilt-wail" concrete. Variances should
also be available.
9. Issue 09
The Task force believes that the screening provisions require additional
study, The height requirements should be balanced with safety corcerns
raised durintl the August 4, 1998 Public Hearing.
10. Issue M10
The Task Force believes that this issue requires additional study.
11. Issue MI1
The Task Force believes that "implements" should be added to the list of
exempted items. Also, "merchandise for display" and "outdoor storage"
should be clearly defined. The concems voiced by the Manager of Wal-
Mart wers valid and short-term sales events should be defined and
exempted from the Ordinance,
12. Issue M12
The Task Force concurs with the Staff's "Options" position.
13. Issue M13
If the Site Plan Approach were not adopted, it would be necessary for the
Ordinance to be tailored so ss to differentiate between various types of
land uses.
14. Issue M14
The Task Force concurs with the Staff's "Options" position,
IS. Issue MIS
• The Task Force does not agree with the Staffs "Options" position. We • •
believe that small sites would be .everely impacted by strict application of
T the landscape buffer requirement, The Task Force does not believe that it
is necessary to have landscape provisions within the Ordinance Also, the
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Task Force supports the inclusion of mitigation provisions in the landscape
ordinance. If mitigation provisions were included, the impact on small sites
would be minimized.
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TABLE 2. Distribution of Parcels with "Straight Zoning" within Designated Corridors
# of # of Straight Zoned Parcels within Corridor
Parcels (Other than Ag Zoning)
Designated Corridor within Developed Single- Undeveloped Total
Corridor (Grand- Family (Site Plan Straight-
fathered) (Exempt) Review) Zoned
1-35W 53 11 0 9 20
1-35 N & E 531 199 197 8 483
Loop 288 278 61 123 57 241 =
Hwy 380 E 140 36 28 19 83 D
Hwy 380 W 292 53 170 17 240) G
Hwy 77 104 6 16 7 29 C
FM 2164 ( Locust) 3 1 0 0 1
Sherman !hive 16 1 1 0 2
E. McKinney St. 67 8 0 6 14 O
FM 2181 (Teasley) 260 18 163 11 192
I. IS 377 (Ft. Worth Dr.) 156 96 14 1 131 n
• Subtotal 1,900 499 712 11436 C
Parcel Overlap C
Between Corridors (55) (27) (3) (16) (46) Total 1,845 463 709 218 1,390 r:
•
33% 51%j 16% 100%
•
• 75% (1,390 /!,b45) OF ALL PARCELS WITHIN THE CORRIDORS APE "STRAIGHT -ZONED"
0 271 vi (1,590 ACRES/ 5,908 ACRES) OF ALL LAND INSIDE THE CORRIDORS IS "STRAIGHT -ZONED"
♦ 66;5 (144! 218) OF ALL UNDEVELOPE , "STRAIGHT -ZONED" PARCELS ARE LOCATED WITHIN TWO
CORRIDORS: 1.35 N & E AND LOOP 288 '
32X"