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HomeMy WebLinkAbout08-25-1998 ara+s+ ' O 1 E r City Council Agenda Packet August 25,1998 B , 1• E i 10 +w i"25 10 32X 0 0 . r AprodaNu__ ClC._~_0 i'GLNDA %Pnda Item CITY OF DEN TON CITY COUNCIL August 25, 1998 After &c.,rmining that a quorum is present and convening in an open meeting, the City Council will c mene in a closed meeting of the City of Denton City Council on Tuesday, August 25, 1998 -it 5:15 p.m. in the Council Work Session Room at City Ifall, 215 E. McKinney, Dent-.n, Texas at which the following items will be considered: 1. Closed %feeling: A, Conference with Employees - Under TEX. GOVT. CODE Sec, 551.075. The Council may receive information from employees during a staff conference or briefing, but may not deliberate during the conference, ANY FINAI, AC I [ON. DECISION, OR VOI E. ON A NsATTFR DELIBERATED IN A CLOSED MELTING OR ON INFORMATION RECEIVED IN A C'ONFERE'NCE WITH EMPLOYEES WILL ONLY HF TAKEN IN AN OPEN MEETING THAT IS HELD IN C'OMPLIANC'E, W'1EI1 TEX. Gov'r. CODE CH. 551. THE' CITY C'OUNC'IL RESERVES I IIE RiG11T TO ADJOURN INTO A C'LOSE'D NIF'.Er]NO OR FXECUIIVE SESSION AS AUTHORIZED BY •FEX. GOV r. CODE SEC 551.001, E'E' SEQ. (TEXAS OPEN NEETINGS AC°I) ON ANY ITFS1 CN TI'S OPEN MEF;IING AGENDA OR TO RLCONVE.NE IN A C'ON I INUATION OF "CHE CLOSED MEETING ON IIIB CLOSED MEETING ITEMS NO1FD ABOVE. IN ACCORDANCE: W'EIII THE TEXAS OPEN MEETINGS ACT, INCLUDING. WTT11OUr LIM11WHON SLC"IIONS 551.071.551.085 OF THE OPEN D MEETINGS ACE', Work Session of the City of Denton City Council on Tuesday. August 25, 1998 at 6:00 p.m. in the Council Work Session Room at City Hall. 215 E. McKinney, Denton. Texas at which the following items will he considered: NOIF: A Work Session is used to explore matters of interest to one or more 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, the City Council generally receives informal and preliminary reports and information from City staff, officials, members of 1 City commiilccs, and the individual or organization proposing council action, if invited by City Council or City Manager to participate in the session. Participation b- individuals and members of organizations im ited to speak ceases when the Mayor announces the session is being closed to public input. Although Work Sessions are public rrteerirt}t , and citizens have a legal right to attend, they are not public heuringv. so citizens 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 hcginning or the session, a written report regarding the citiccn's opinion on the matter being explored Should the Council direct the matter be placed on a regular meeting agenda, the staff will generally prepare a final report defining the proposed action, which will be made available 0 to all citiicns prior to the regular meeting at which citizen input is sought. The purpose of this C procedure is to allow citiicns mttcnding the regular meeting the opportunity to hear the views of their fellow citi ns without having to attend two meetings. I. Receive a report, hold a discussion, and give staff direction regarding a resolution amending and replacing the current tax abatement policv of the C;ty of Denton to establish guidelines and criteria governing lax abatement agrectnen's: and declaring an effcrtive date. rA ~~_l 32x❑ 1 *Mum • o E TM~ 1 City of Denton City Council Agenda August 25, 1998 Page 2 2. Receive a report, hold a discussion, and give staff direction regarding resolutions for the 1998 Texas Municipal League Annual Conference, 3. Receive a report, hold a discussion, and give staff direction regarding Code Enforcement inspection and notification procedures. 4. Receive a report, hold a discussion, and give staff direction regarding possible revisions to the Landscape Ordinance. 5. Receive a report, hold a discussion and give staff direction regarding Growth Management Strategy issues and priorities. 6. Receive a report, hold a discussion, and give staf dirction regarding possible affordable housing exemptions to the Water/WasteNvater Treatment Impact Fees. 7. Receive a report, hold a discussion and give staff direction regarding a proposed amendment to the Solid Waste Ordinance relating to unauthorized use of solid waste containers. disposition of bulky household items, adequacy of solid caste service, contamination of recycling sites, and provision of penal6i s for non-compliance. 8. Receive a report, hold a discussion, and give staff direction regarding the 1998.99 proposed budget. CERTIFICATE 1 certify that the above notice of meeting Aas'posted on the bulletin board at the City Hall of the City of Denton, Texas, on the _-day of _ 1998 at o'clock (a.m.) (p, on.) CH Y SECRETARY NOIF: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM IS A('C'I!SSllil,l, IN ACCORDANCE WITH Till' AMERICANS WITH DISABILITIES ACT. 111E CITY WILL PROVIDE SIGN LANGUAGE; INTERPRETERS FOR THE HEARING IMPAIRED IF RFQUFSTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED • SILIAING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349.8309 OR USE ~ • • 1E.LFCOMMUNIC'ATIONS DEVICES FOR 1-11E DEAF (TDD) BY CALLING 1.800- RELAY-TX SO THAT A SIGN LANGUAGE 1NfERPRETE:R CAN DE SCHEDULED 1 IIROUG111 HE CITY SECRETARY'S OFFICE. .4 25 32 x~C1 =old f• i tEWrW . 0 1 AaonQa No-10 01--? L.. Apanda Item Pate__ AGENDA INFORMATION SIIEE.T AGENDA DAI E.: August 25, 1998 DEPARTMENT: Ecc nomic Development Department ACM: Kathy DuBose, Assistant City Manager for Finance SUBJECT Receive a report, hold a discussion and give staff direction regarding a resolution amending and replacing the current tax abatement policy cf the City of Denton to establish guidelines and criteria governing tax abatement agreements: and declaring an effective date. BACKGROUND On February 3, 1998, the City Council renewed the City's current tax abatement policy for an additional tvvo )cars. The policy was originally adopted in April 1990. At the February meeting, the City Council directed staff to work with the Joint Committee on Iax Abatement to update and amend the policy to reflect Denton's current economy and development philosophy. You may remember that the Joint Committee on Tax Abatement is comprised of two City Council Members, two members of the Denton Independent School District Board of Trustees, and tvvo County Commissioners. Council Members Fuline Brock and Neil Durrancc represented the City on the Committee. Attached is a list of the comments and suggestions received from a'I three taxing entities. for your convenience, we have indicated if and "here each suggestion has been included in the resised document. Adoption of the amendment will require a super majority vote by City Council. Major changes to the policy, are as follows: ! ♦ I he minimum valuation threshold has been increased from $14 million to $10 million, 1 1 l he new document allo" s fors great deal of flexibility in the percentage of abatement granted. I he policy has a 15% to 25% base percentage and allows for additional increments of 51,1a for certain project factors (pages 3 and 4 of the policy). ! '1 he highest percentage an applicant could receive is 50afo, 0 ! ♦ The policy also provides some flexibility in applying the abatement. For example, a bus!ne.s may qualify for 250o abatement for four years, The policy mould allow the City or School District to consider granting 100% for one )ear, I f ulJ k M f t, Or PI Ul lA [ J NOA At4 4tH4 V J %1 14 .,A Wlm l kq I I &I 0 ' ~Llld R i } J ♦ The City and School District may participate at different percenL,ge rates and different terms. ♦ The policy addresses the fact that Denton County tax abatement applications are considered separately since the County has adopted its own policy. Although Denton County is still represented on the Committee and will still review the same materials presented on the project, the terms of the County's policy would apply to any County abatement. ♦ The City has the right to require the project to purchase electric power from the City of Denton (if the project is located in an area serviced by the City of Denton), ♦ Much of the application information has been removed fwm the policy document and included in the formal tax abatement application. The applicant must now provide ~r the following additional information: ♦ list of any other incentives being considered for the project ♦ List of any em ironmental permits required by the project ♦ Record of compliance to all environmental regulations ♦ Desce.ption of any offsite infrastructure requirements ESTIMATED SCNEDUI F OF PROJECT 1 The tax abatement policy will require renewal again in February 2000. , I PRIOR ACTION/REVIEW J The Joint Committee on Tax Abatement recommends approval of the attached amended policy. The amended tax abatement policy was also presented at the joint City Council/Demon Independent School District Board Meeting on April 17, 1998. 1 FISCAL INFORMATION ; I None i EXI 11111 I'S Suggcstions/C'omments Resolution ) Tax Abatement Policy Respectfully submitted: t a 1 Linda Ratliff, Director 117- Economic Development partment i ('ll AflOLl ~~nddeDlM"11'C 11vOC IDV.vDA1 AD[vDA in M~tmnt Aul ll lw { ` [ 2 [ n f --It :2 x I a 32x LJ1 nrwwrs 0 • i ' I I i i I SUGGESTIONS/COMMENTS SUBMITTED TO JOINT COMMITTEE ON TAX APATEMENT FOR CONSIDERATION IN POLICY AMENDMENT Suggestion SuFmitled By Cemment Section/Bac -up Page No. List other tax abatement, exemption or Mi a Cochran Included in Application Application incentive programs in which applicant Hill Question 10 participate, Page 19 List environmental compliance record from Mike Cochran Included in Application Application I NRC'C',1'.PA and any other regulating Question 17 authority. Page 21 W Eo-N Tea preliminary cmironmental impact Mike Cochran Thisinformation would cTncTu to Application assessment of the proposed project. environmental regulatory application. A Question 17 copy of the environmental regulatory Page 21 application Is also required. _ lTic farm of the economic impact shcu7d i the Mike Cock ran_ Emp oyment Figures requested in Application J same as the term of the agrecmcnl. Application for the number of years Question 10, Page abatement is requested. Economic impact 19 • ' materials prepared by Economic Question 13, Page Ikvelopment Department w:ll project 20 annual figures on utilities and tax revenues { for the number of years abatement requested. 111eeu g Elie policy threshold; o IUTTie met in Mike Cochran A two-year (24•month) timelrame as been Taffu-e of Incentives one or two ) eas. included in the policy. Page 10 The ccontract should reyuirc tTie company to Mike Coc rTi an- The Cortmnt-~ ee agrees that the contract plainly state what they will do and then require should include a requirement that dt, them to fulfill their contract, Should the company meet the threshold of the policy. company be in breach of their contract, then lfowever, the Committee feels that should any abatement should be recaptured. the company not meet the levels of F v m unI P O v%4l( i A5 ADA wH I. \ F iw AAm hllq fbnAn rw f'F AFmA. As 2.5 32XIO 0 0 } 1 f Suggestion Submitted By Comment Section/Back-up Page No. va ualion or emp o~}meni as su mEtt to their application that the abatement should be reduced on a prorata basis. For example, if the company states they will hire 250 employees but actually hires 245, the Committee believes the intent to meet the employment level has been met and abatement should be reduced but not withheld. The policy should contain recapture clauses in Mikc Cam, art The Committee believes the recapture the cent the company fails to meet or clauses should be included in the contract maintain the terms of the contract. and should be customized to each agreement rather than appear in the policy. In fact, recapture clauses are required by the State. a All of the information under "Criteria" in the Mike Cochran The Commn!ce believes that it Is t e policy should also be submitted to City purpose of the Committee to review all Council, information submitted by the applicant. To preser'' all information to City Council for discussion would duplicate the effort and defeat the purpose and charge of the • Committee, Since all Committee meetings are posted open meetings, Council Members are welcome to attend and to be included in the discussion and review process. Keep a~ah•rncnI incentive for existing Fuline Brock T' he mu tiplier or existin g usine sses rgas business^s. llow'e;er, existing businesses Neil Durrance been removed. • should not get the 1.25 multiplier. _ Sandy Kristoferson • S Tilillion i rTr<shold is too low, Roni Beasley Ile tax abatement po icy t res o as been 'Value o Incentives J Wine Brock raised to E 10 million, Page 10 (chart) Neil Durrance Sandy Kristoferson F MI AAP b10 PI P1 f1 'C i A S AP AtI:NE%t TP Ah, lulk, C,AeN, Ae CI' A,,p 6m I 1 :w soon= , O / TYMWM n t i Suggestion Submitted By Comment Section/Back-up Page No. Create a list of additional benefits a company One Brock A list o ne its for w is addilronal 5 ue o Incentives might bring and offer additional 5% abatement may be considered appears in the Pages 10 & i i abatement. Target areas where community or policy. Vision initiatives could be realized. Define projects that would not receive Joint Tax Abatement Two issues have been ad resse : Page g abatement even if the project mce+s the policy Committee discussion 1) Abatement must be an incentive to Paragraph 3 criteria, expand or locate, 2) Abatement cannot be given if project is in direct competition with existing business, Make the application process less Joint Tax A atement The policy has been amended so at the cumbersome. Use an application format. Committee discussion criteria in Section If have been deleted from the policy statement but included in the application form. The application has become a formal appendix to the policy. Companies shoo d-~ be required to use Denton Wine Brock Included tn the policy. Page I I (ast ine) & yr Municipal Utilities electric service whenever Page 12 possible, _ City staff should review the project agreement Staff u - IncTudeWTn tt ie policy. Annual Eva uotion each year to ensure thresholds have been met. Page 15 . , Kecp t a main focus of the policy on incre. se Staff Thres o s are based on valuation, Value o Incentives valuation of building and equipment. however, high paying jobs and knowledge- Page 10 • Increased lax base is not as subjective as wage based jobs are considered for additional impact of jobs. abatement. l he policy should be flexible within the Don Hill The raft policy provides flexibility. For Value o Incentives parameters of its guidelines. example, a business may qualify for 25% Page i I abatement for four years. Council could consider offering 100% for one year. r \I N R6n w F rm M C TAN O ATr Ml %r r.. ohm PolkY (~unpn ~a CC ~~Th ~ 2S' xIll 32x10 • c • I f. RI SOI,I' hION No A RI'SOHJIO\ ;I IEM)IMi AM) RI PI AC I\ti IIIL ('C RRLN1 I'AX ABAII.\ll:\T , POI ICI' OF 111L C'IT1' Of DE\TON 10 I StAIMSH (A IDELI\I S AM) CRITFRl 1 M%'I'R\'I\(i FAN ABAIIATE\'1 A(iR[l%fl,\IS, AND DLCIARIN6 A\ 11I1!('ML DAI I.. 11'}41REAS, on Kmuary 21. 11)9S, the ('ity Council adopted guidelines and criteria. l no,ha as the Donlon I'ohcy for f ax :lhutrutcnl, by passing Resolution No. R4)8-(0)4- and WI iLM AS. the .loin( ('ommittee on Fax :Ihalcntt nt. composed of rcprrsenlalires ol'the City of Denton, the Denton lndepcndent School Dislrict and Denton County hace recommended xarious amendments to the Tax Ahacntcnt PuliLN. hs hich are attached hereto as the Denton Pol- icy for Tas Abatement; and 11'IILREAS, the City Council deems it in the public interest to continue to he cligihle for participation in lax ahatement and to adopt the antcrded guidelines and criteria govcming tae ahatcmcnt rccntcnts knohsn as the Denton Policy for Tat Abatement; NOW, THLREFORF. { 711E COI \NCI : Of lift: CI FY OF DLV'TON HEREBY RESOL`r W , EUjION I. (hut the policies, gaidelines. and found in the Denton Policy for Tae Ahalcnhenl, attached hereto as °xhihit A and made a part of this resolution and incorporated herein Eir all purposes as if recited ccrhalim. are appro~rd and adopted and amend and replace that certain Denton Policy for -hat Ahatentent attached to Resolution No. R78.004. From and alter the effectise dale of (his resolulion, the attached Denton Policy for Tax Abatement shall consfitule the policy guidelines and criteria governing tax abatement agreements with the ('it) of A Iknton in accord.mcc hs ith Chapter ? 12 of the I,:\as Tax Coda SEGION H. Ihat, pursuant to Icx. Tax ('ode %1312002(c). the guidelines and criteria adopted hcrcin shall he cllictit c for lu o years, n, 5I(tIO\' 111, l hill the CIIN ('ouncH hcrchy reasserts its decision to become eligible to e p.ulicipa,: in tax ahatcmcnt. 7 he ('i(y Council gill pro%idc certain (ax incentives applicable to I business enterprises in Carious rcimcslntcnt /ones hshich are established in the Cily, in accor- dance \k ;111 applicable prov isions of I, Implcr ? 12 of (he Tax C)de, The guidelines and criteria arc cstahhshed us Ihlloscs: I he City 511,111 abate Iaves on the increase in the %Auc of real and per. Son,d prol,ett) lwploccntcnls 1i,r nc,s, standard. ,utd nloderrti/ed basic industries, corporate of- lice hcudyu;ut:r5, dislrihution centers, and other eligible commercial and industrial properties, ,end designated reimestmcnt /ones created under hex tax Code 01: "M, including, ttiihoul liniitailwn. the I rammell ('toss ('ailed Coppcr Industries Prolce(. the Ict cl o:' abalcntent shall he hascd on the role of impro%cmcills of personal and real property. in accordance will the amended Denton Policy liar I ax 111a1cntent set forth in the guidelines and criteria of the attached A, khlhil:\, 6 w`,+ s c INC b 2 5 I><~~ 32 xI❑ L t p i r t _ . rzaeeoe 1 I I I I I ~1.(' Il0\ I\'. That this resolution shall brcutnc cl'1'crtit c inuvrdiulclp 1111011 its passage and ap11r0v41 at a regular meeting. of tLc City C'uunctI of the City of Denton, leas. on the , day of July, 1905, al ahieh raveling a quorum nos prescnl and the mcctinu ~cas held in accor- dance ~Sith the prOOMOns 01' 1 eV 000 Ode :551,1)01, ct seq , and the City Council voted to approve the resolution to which constituted a vote of the mcrnhers of the City Council. PAS.SI:D AND APPRO\'LD this Iltc day of _ 1995. JACK \111 I LR. MAYOR f I ATTEST: JENNIFER WALL ERS, CITY SF"RETAR!' Ill' APPROVED AS TO LEGA1. FORM' HERBERT L. PRC_iT1', CFF1' P."FTOR\'L1' - O' O'V I , r• ti ~ , I f d I ! 1 i~ t 1= i .y / t 1 I ..r9 I ~ • 1i.' ~t I Itl Ip x M r 4 1i 10 3 2 X Vi 0 O i I{1 L l 1 DENTON POLICY FOR l TAX ABATEMENT I, GENERAL PURPOSE AND OBJECTIVES The City of Denton (City) and the Denton Independent School District (DISD) are committed to the I promotion of high quality developmentin all parts of the cit; and to an ongoing 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 Pity and DISD will, on a case-by-case basis, give consideration to providing tax abatement as a stimulus for economic development in Denton. It is the policyof the City and DISD that said consideration will be provided in accordance with the procedures and criteria outlined in this document. Nothing herein shall imply or suggest that the City or DISD are under any obligation to provide tar d abatement io any applicant. I Denton County ad valorem taxes may also be abat:d; however, applications Will he considered separately under the guidelines of the Dertnn County tax abatement policy. All applicants shall be considered on a case-by-case basis. Abatements will be considered only as inducements to generate development that would not otherwise occur. Abatements will not be considered if construction of a project has already begun. Also, an abatement will not be considered if the requesting business is in direct competition with an existing Denton business. Tax abatements, as described in this policy, will be available for new and'or existing facilities and t i I structures and for businesses wanting to locate, expand or modernize basic industries, corporate office headquartersor distribution centers, except as this policy may be limited for property described in Section 1I1\0 IF Y1 NT f1\U1 IF VFS k4 KY 1~1 M~ ~u~,Nli 25xIa , . 1 2xIa • to :M/M1m I ? 12.21 1(a)of the I exas propcny'1'ax (A)dc tVernons'rexis Civil Statutes Annotated, hereinafter refarrcd to as • fax Code II. IOINT TAX AHATF-MENT CONDIITTFE Requests for tax ubatcment shall be rcxics%ed by the Joint Committee on Tv..x Abatement, said Committee being comprised of 1 xw elected officials each from the City. the DISD and Denton Count). One additional staff parson from each jurisdiction shall be appointed to serve as a nonvoting. ex officio member j, of the commi dec. 1'h': Joint Committee on 7a.x Abatement serves as a recommending body to the taxing entities regarding whether economic development incentives should be offered in each individual case. Its r:commendation shall be based upon an evaluation of information submitted in the tax abatement application and any additional information requested by the Committee or presented to the Committee. l he Tax Abatement Application is pre-rated as Exhibit A of this policy, x'; meetings of the ?oint Committee shall be held in compliance tsith the Texas Open Meetings Act. Chapter 551 of the Texas OovemmentC'ode, Ill. VALUE OF INCENTIVES Ilic criteria outlined in the Application %%ill be used by the Joint Committee on Tar Abatement in " determining x%hcther or not it is in the best interests of the affected taxing entities to recommend that tax abatement be offered to a particular project, Specific considerations Ail] include the degree to xehich the i I ? individual project furthers the goals and objectives of the community, as well as the relative impact of the project Nevv, expanding and modernising businesses may be considered for abatement it' the minimum threshold, as described in Table I Wow is met. • ' I 11\M 01 W%r hi 001%1P.TMq 111 I'ril La .1 • i ' X11 1 Once a detcrminationhas bier made that tax abatement should be offered, the .alue and term of the abate nicntmay be determined by rcfcrencingthe folIo,.xingtable: 1 AM F. 1: I'stahIishes a fr:unessork for considering the length of abatement according 10 assessed real property %a I w of impro%emenIsand of targible personal property located on the real property. VAI,L'1[OFS1P Cii'RF: AN I) F1 RSON:' PROP1:RTN' PEARS OF PLRCLNTAGF:OF I.: MILLION DOLLARS ABA ESILNT ABATEMENT r 100 1 0 15-250.0 80 15.25°0 65 8 15- 250,0 50 7 15.2$°0 35 6 15.2Pi6 20 5 15.2510 15 4 15.25°0 10 3 1 s- 25°0 To qualit;%. companies must meet the minimum threshold of the poh:y in the first 24 months from the execution of the agreementor as specified in the tax abatement agreement, If upon initial application a project qualifies for tax abatement under the guidelines set firth in this policy, the taxing entities may consider granting an additional 5"'0' abatement for each one of the following " factors pro\ ided, ho,,kewr, that th; total tax abatement does nut exceed 50°.b or ten) cars, No applicant may receixccredit for more than ILe of the foll0uing factors, 1 1 he project ss ill occupy a building that has been xacant for at least tuo years; I he projecI \0I cteate high•skilled. high-payingjubs as documented by the applicant; 1 he project «ill imuls e a partnership,cith one of the two universities 1n Denton; O i llA AF 111 Ari f11{ oA' i to N t PVk k ~FAa tQ ?Sx~Q 32 .A. ERA i .tvsrw } • "The project will provide knoMedge•basedjobs fat least 25 percent of jobs require college bachcIorsdegree at en* level N ■ The projert kill donate significant public art to the community. (To qualify, donation must be approved by Grealcr Denton Arts Council and City Council): • The project will donate significant materials'equipment to the public schools (To qualify. donation must be approved by DISD and City Council.): ■ 'The project will create improvementsto the Denton Central Business District; ■ The project is capital intensive: • The project will result in the formation of a businesspark; • The project is an internationalor national headquarters facility. i The total tax abatement may not exceed 500o for ten years. All abatements are subject to final j approval of the City Council and DISD Board of Trustees, or the County Commissioner's Court Even though a project may meet the criteria as set forth in this policy, on application may be denied at the discretion of the City Council and/or DISD Hoard of Trustees. The tar abatement shall not apply to any portion of the land value of the project. The thresholds as described in Table I are considered guidelines for establishing the Tax Abatement Agreement terms. However, the City and DISD may determine that a lower or higher percentage and/or a shorter or longer tern of abatement may be more appropriate for an individual M ~ f . project. If abatement is approved, the City and DISD may consider applying all or a portion of the abatement in the first year or during any shorter period within the term of the tau abatement agreement. For k c xample, an approved abatement of 25 percent for lour years may be applied as 100 percent abatement for one year. • • To receive tax abatement from the City, the owner of the project must enter into a ecntract with } ~f tN An %I a V r..Z U l v Nff%T KILif l' wl be 1 i ~ i 11 7,. 25 ❑ 32x 0 Denton Municipal Electric Utilities to provide electric service for a period of not less than give years and maintain performance of contractual obligations for the full period of the contract, unless located in an area in Iichich the Denton Municipal Electric Utilities is not certified to serve. Up, n rccommendadonof Denton Municipal ilectric Utilities, this requirement may be waived. Preliminary Application W. PROCEDURALGUIDFLISES Any person. organization or corporation desiring that the City or DISD consider providing tax ✓ abatement to encourage location or expansion of facilities within the limits of the jurisdictions shall be required to comply with the following procedural guidelines. Sothing witt.,t these guidelines shall imply or suggest that either the City or DISD is under any obligation to provide lac abatement to any applicant. A. Applicant shall completetheattached "Application for Tax Abatement." 13. Applicant shall prepare a map or other documents showing the precise location of the property and all roadways within 500 feet of the site showing e.cisting uses and conditions of real property, and proposed improvements and uses, any proposed changes in zoning, the Denton Development Plan as may be amended, applicable buildingcodes, and City ordinances. C. If the property is described by metes and bounds, a complete legal description shall be j . , provided. Applicant shall complete all forms and information detailed in tl c Application and l submit all information to the City Manager, City of Denton, 215 E. McKinney, Denton, TX 76201. t 1). All information in the application package detailed abov, will be tevicwed for completeness k t Sn1+niknOW Iki'kaknwN1I'MKil INN,% r 12 ; I~.: 25 10 32 x Id 0 and accuracy. Additions information may be requested as needed. F.. The application ill be distributed to the appropriate City and DISD departments for internal rc%icw and comments. Additional information may he requested as needed. F. Copies of the complete application package and staff comments will be provided to the Joint Committee on Tax Abatement. 0. Fiscal agents of the City. DISD and County Nill review the application for comments and recommendation. Additional information may be requestedas needed. J Consideration of the Application IL the Joint Committee on Tax Abatement mill consider the application at a regular or called meeting(s). Additional inrormation maybe requested as needed, The recommendation of the Joint Committee on Tae Abatement mill be forwarded, with all relevant materials, to the chief administrativeoffice of each taxing entity. 1. If the City Council of Denton decides to grant a tar abatement, it shall call a public hearing to consider establishment of a tax reinvestment zone in accordance with Section 312201 of the Tau Code and meeting one or moreof the criteriaof Section 312.202 of the tar Code. K. 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 included in the zone and municipality in accordance with Section 312.:01." Special consideration shall be given to policies noted in the Denton Devel(,pment Plan or its successor, the Denton Plan, when Y dcsignatinga tax reinvestment zone. L. l be City Council of Denton may consider adoption of an ordinance designating the area • 4111 1PItk ~tl •T lnl ~~krl Nk\114xN1 I^k a+ - 13 r ~•,~r, y 2 5 32 X I❑ x WOWS n WMdescribed in the legal description of the proposed project as a commercial'industrial tax abatement zone. y N1. the City Council may consideradoption of an ordinance or resolutionapprov ing the temts and conditionsof a cont. act between the City and the applicant govern ing the provision of the tax abatement and the commitments of the applicant, including all the terns required by Section J 12.:05 of the Tax Code and such other terms and eonditionsas the City Council may require, Should the commitments subsequently not be satisfied, the tax abatement shall he null and void (unless the tax abatement agreement provides for a recapture of the property tax revenue 1 lost proportionate to a partial failure to meet the minimum thresholds set forth in the agreement) and all abated taxes shall be paid immediately to the City of Denton and all other taxingjurisdictionsparticipatingin the tax abatement agreement. Pro%isionsto this eflectshall be incorporated into the agreement, N. the goveming bodies of Denton County and DISD may, consider ratification of and participation in the tax abatement agreement between the City of Denton and the applicant. 0. 1 he City and DISD reserve the authority to enter into tax abatement agreements at differing percentages and'or terms as set forth in the guidelines of this policy, consistent with the requirements of the Tax Code. Any tax abatement agreement \01 address various issues, including but not limited to, the fc llowing: O 1 Cicncraldescriptionofthe project: 2. Amount of the tax abatement and percentof value to be abated each year: Method of calctdating the value of the abatement: d. Duration of the abatement. including commencementdalt and termination date n ru0 it kit k, r t kN. e. II%rt Iru ur 114 Erc - 14 r i 25 x10 32X 10 l a r 1 V I 1/` Y 1 low*" G i• e '40NOWN 1 r . . I 5. Legal descriptionof the property; 6, Kind. number, location and timetable of planned improvements: 7. Specific terms and conditions to be met by applicant: S. The proposed use of the facility and nature of construction; 9. Contractual obligations in the e, mt of default, violation of terms or conditions, delinquent taxes, recapture, administration and assignment Annual Evaluation ' Upon completion of construction. the Joint Committee on Tau Abatement shall receive from the City Manager an annual evaluation of each abatement to insure compliance with the agreement and to report possible violations of the agreement to the taxing entities, After new tar base numbers are received in Jul), of each year, the City Manager and his staff mill have ninety (90) days to review and preparea breakdown of those figures. Transferor Assignment J A contract for tax abatement may be transferred or assigned by the original applicant to a newowner ` 1 1 upon approval by the val''.ous taring jurisdictions after such a recommendation is made by the Joint i d Committee on r3K Abatement. 1 i e ~ it t • O • 6 f TA%11111 WNY 14N AI4ttkINI KICKY IwI It Ki' is I t q ,Ip j t. /^((77 XX 25 10 •FA t~',11~2• Y~,M4" p 1 raVila~T EXHIBIT A The City of Denton Tax Abatement Application About the Application... the Tat Abatement Application provides the City with specific information on the project. the information requested in the Application is designed to address the criteria developed within the City of Denton's Tax Abatement Policy. I fie information senes as the basis for fiscal analysis and overall project evaluation. This evaluation is provided to Council Members and serves as a source document during City Council deliberations, The ApplicallonA ad The Agreement.. Specific information from the Application (like value of new imesrnent and employment commitments) is incorporated into the Abatement Agreement. In fact, the Application is attachment to the Agreement. Since the agreement is a binding contract, it is important that each question on the application be answered in full and as realistically as possible. Simply put, the application is partof the process from start to finish so you'll want to make j sure you're comfortable % ith the contents. If hen It The Application Final? The answ e, to thisquestion is verysimple: When you tell us, "It's f nah" It is nos uncommon fora property owner(s) to submit numerous Applications as drafts for informational and evaluative purposes only. As conversations continue, the property owner will submit a finalized version of the Application that includes all of the commitments agreed to during the discussions. If hat About Cbnfldenzla80 Section 31:,003 of the Texas Tax Code makes confidential information provided to the City as a part of this application that describes the specific processes or business activ hies to be conducted or other property, to be located ' on the property for which lax abatement is sought. Such information may not be subject to public disclo;,ue until the i . tax abatement agreement is executed, the C it) is subject to disclosing most records and documents upon request , under the Public Information Act. Accordingly, please clearly indicate and mark any proprietary information, hale secrets or other matters )nu consider confident ial information in) out application. N ho is Authorited To Sign the Application? w' Because the Application itself is non-binding.the person signing need not be the propertyowneror even an Indio iduai duly authorized to sign on behalf of the propcri) owner Ilowever, if an Agreement is reached, the Application w ill 0 be an attachment to the Agreement and its contents will be binding through the authorized signature required on the V Agreement I i rn un~v.o-.r rA%AAA rr ka NT nx K v im9 a. 16 10 32XIO A t • O ' 11 r e . a.....r....... ..n l•/.1;q"., v v,-.. a. ~'«,...•-v e..4~r.r rvai.rwv... ne ~ • 4 C ♦ aa~~jj d O+ ~ ~~QOQO~ i City of Denton Tax Abatement Application i jai City of Denton City Manager's Office Denton. Texas 76201 (940)349.8307 (940) 349.8596 FAX ' A rH 4h 1 B'N sr t 41 4B Roo. tit Nxa'11Wt?K i 17 F' i ' °a 25x~d r 32XIO a1~. o 1 , ~I APPLICATION FOR TAX ASATEIM1IENT CITY OF DENTON i 1. Propcny Owner, _ Company or ProjectName,_,. N1 aiIingAddress: _ Telephone Fax: - Company representativeto be contacted: Name and title: Mailing Address: - Telephone: Far: 2. Provide a chronology of plant openings, closing and relocations over past 15 )cars: I 3. Pros We a record of mergers and financial restructuring during the last fise )cars. J. Will the occupants of the project be o A net or lessees? If lessees, are occupancy commitments already existing? i I } i, - 1 5 Is the project a relocation, expansion c° existing facility, or new facility to expand operations? If relocation. give current location 1 ~ s it 1 NI 0Art Nl.%r f Vwtwst MN ttI 1.14k. 18 2,y k Ia 32XIO MEOW r Q r 1 6. If an existing Denton business, will project result in abandonment of existing facility" If so• the v slue of the existing facility Hill be subtracted from value of new facility to arrive at total project value. 7. Property Description • Attach copy ofdeed (orsunr)or'snotes) detailing property's metes and bounds. Attach map of project including all road" ay s. land use and toning ithin 500 feet o(site. g. Current Value: Attach copy of latest property tax statement from Denton County Appraisal District (include both real and personalpropert)1. 9. Increased Value- Estimated Total Cost of Project: A. Structures S_ C. Si -evelopment S D. Personal Properly S D. Other Improvements $ Briefly describe these im eltments(i.e. building square footage, types of personal propert), type of site development planned for this location, and other improvements): t 10, For each taxing entity indicate the amount of tax abatement requested City: for years School District: 1"o for years County: %for years A. List any other financiatincentisesthis project wiIIrequest/receive: Estimated Freeport Exemption S Estimated Electric Utility Industrial DeveiupmentRider S Estimated %'ater/ A'astewaterlnfrastructure Assistance S 11, Gist a brief description of the activities to be performed at this location, including a description of n i productsto be produced an&or son ices to be provided: f r r ~ r\~ ~am~rtvu\ vn.rt ~a •r x,uc ° wn 19 - - x1❑ 32XIO 0 0 alrasasa r i 1:. ProjeclConstrucIion Phase : A. Estimatepercentageofprojectdecclopmentandconstruction doIIatstobespent %%ithDentonbased Contractorsor Sub-Contractors: 13. Construction EmploymentEstimates: 1. Start (Slonth tar) 2. Completion Date (Month Year): 3. Nunn berofConstructionJobs: _ a. Estimated Total Construction Payroll: C Describe An)Off-Site ini'rastructure Requirements: Hater: Sanitars Sesser. Streets: Drainage: _ Other • 13 Project Operation Phase. Proside employment information for the number of years tax abatement is I requested. Existing At Project At Term of ENIPLOYSILN]INFORMATION Operation (if Start Date Abatement Request applicable) (month)()ear) A Iotalnumber ofPermanent, Full- timejobs B FmploycesTransferred F'rom Outside Denton n C. NetPennanentFull-time Jobs (A minus13) D Percentage of Net Jobs (C.abo g) filled by Dcnton residents' F Total Annual Payroll for all Permanent, Full-time Jobs ( A abose) j • f ach appbcation sill he resieued on its merits. Iloocvr. ahsens estraordinary 'circumstances, s minimum of U': of new employees 0 shou l dhe Den ton residents Cumpan) shal l report an no a l I% and. if percensapeis not Incl. s prorats reduvionofthe O ale mend sma occur. It : III •a~llN} st lss eas111tss1KIM, 1w4 10 r d,w I X I A.1 L x I I i r!a+Arrs F. Types of Jobs Created (List the job tides and number of positions in each category that ,v ill be i empto)edatthefaciIity, Providea%crag evv age for each category,) Estimaleannual utility usage for project: Gas Electric l Solid Waste: 14. Describe any other direct benefitsto the City of Denton as a resultof this project (e g, sales tax revenue or project elements identified in Tat Abatement Polic). Section lllp l I 15. Is Property Zoned Appropriately? Yes _ No _ Current Zoning: j Zoning Required for Proposed Project: ' Anticipated Variances: 16. Is Property Platted: Yes No _ Will Rcplatting be Necessary Yes No 17. Discuss anyenvironmentalimpacts created bythepecject. A. List any permits for which applicant must apply. Applicant will be required to provide City uilh copies of all applications for environmental permits upon completion (.,f application(s). : 1 IS. ProvWe record of compliancetoall env ironmentalregulationsforthe past five )cars ~ s ~f1~~b~1fla.~i f1~~B1tldiL~ih4ul irq Jae J 1 21 i I r r4 ra 1 f 32X haft- r f Q l 18. Proside specific detail of any businesses'residentsthat will be displaced and assistance that will be asailabiefrom requwstingentity. i 19. Prn~idedescription ofan)historically in;ficantarea included within the project'sarea as determined by HistoricPresen'alionOfficer, If any,gNedetailofhowthehistorice'lysignificantareawill bepresened. r 20. Justification for Tax Abatement Request (Substantiate and more fully describe the justification fur this request. Include the amount of the abatement requested and show how it will contribute to the financial II ' siaboityoftheprcject. Submit attachments if necessary.) 21, List additional abatement factors to be considered for this project as outlinedon pages 3 and 4 of the tax abatement policy. 22. Financial Information rlttachacopy ofthelatest audited financialstatemtntor,in the case of anew projecl,e business plan. ibis tax abatcmenl application is submitted with the acknowledgement that additional certified financial information may be required. i t Authorized Signature bale JV4 1 r%1 As kI IW r r lot ka 4 It W%r Pill. Il T 1.1 J~ , 22 25 x 10 32X 0 it I Agenda No 4'TC. - yn~_. . Agenda tte Dater AGENDA INFORMATION SHEET AGENDA DATE- August 25, 1998 DEPARTMENT: City Manager's Office CM; Ted Benavides, City Manager i , SUBJF.CTt Receive a report, hold a discussion, and give staff direction regarding resolutions for the 1998 Texas Municipal League Annual Conference. I BACKGROUND; The Texas Municipal League exists to "render services which individual cities have neither time, money nor strength to do alone, Working through its Legislative Services Department, TML attempts to defeat detrimental, city-related bills and to facilitate passage of legislation designed to improve the ability of municipal governments to operate effectively. The TML Constitution states that resolutions for consideration at the Annual Conference must he submitted to the TML headquarters 45 calendar days prior to the first day of the Annual Conference. The Annual Conference is scheduled for October 28.31, 1998, in San Antonio, The deadline for submission of resolutions to be considered by the Resolutions Committee at the Annual Conference is September 14, 1998. At the 1997 Annual Conference, Denton was successful in having five resolutions adopted at the Annual Business Mecting. In preparation for the 1999 Legislative Session, the City of Denton has had representation on all five of the legislative policy committees. These committees were established to look at specific issues and make recommendations to the Resolutions Committee. Summaries of each it 0,: commit(ee's actions are attached. These summaries serve as the committee reports and well be put in resolution firm and submitted to the Resolutions Committee for consideration at this year's Annual Conference. Careful review of the Committee summaries is recommended, While overall, )ou may agree with the reports, it is possible that some of the spceilic positions they have taken on proposed legislation may not be id alignment with the City ^ of Denton philosophy, David Bill has proposed a resolution (Resolution 1) endorsing the report from the 1 Ml, Legislative Policy Committee on Community and Economic.. Development. Ile will be present at the work session to answer any questions you may 'lave regarding the C'ommittee's recommendations, Resolutions submitted to ]Nil, for consideration will be divided into four categories. The categories are: • 1, Seck Introduction and Pas.Ipyt - recommends that the League draft appropriate 6 • legislation, seek a sponsor for that legislation, and actively pursue passage of such legislation by prnvidiT. j testimony and through other means. J~4 i J 25 x 10 32XIO t w.orv,. 0 -R* i 2. Support - recommends that the League actively attempt to obtain passage of the appropriate legislation if it is introduced by some other entity, 3. n o - recommends that TML make its support known as time allows, 4. Oppos g - recommend that the League actively and vigorously oppose passage of related legislation. i Fight resolutions have been drafted for the Council to consider submitting to the Resolutions Committee on behalf of the city. Two of the resolutions support action recommended by specific TAIL Legislative Policy committees, Four of the resolutions are the same resolutions which %w~e adopted by TML at last year's conference. The final two are items requested by Council Members, Attachment 3 is a summary of the resolutions. PRIOR ACTION/REVIEW: Resolution I has been reviewed by the TML Legislative Policy Committee for Community and Economic Development. Resolution 2 has been reviewed by the TML Legislative Policy Committee for Finance and Administration. Resolutions 3 through 6 were adopted at the TML Annual Conrcrence in November of 1997. Resol ations 7 and 8 have not been reviewed. FISCAL INFORMATION. All legislation has the potential for fiscal impact on municipalities, ATTA(IINJFNTS: 1. Mcrnorandum from Frank Sturrl 2. 1 Ail. Legislative Policy Committee Summaries a. Community and Economic Development K Finance and Administration c. Personnel d. Public Sarcty e Rtilities and Environment 3. Draft Resolutions I. Support for recommendations of Community and Fconomle Mvelopment Committee 2 Change of ad valorem revenue noliricelion 1. I ogo Rcadcr hoards in cities %vilh a population of 50.000 or more 4. Allow Power Sales Contract negotiations in closed meeting 5. Solicit insurance bids through competitive scaled proposals r 6. Allow cities to provide telecommunication services p • 7. Consideration of Board & Commission Appointments in Closed Meeting 8. Support legislation allowing school impact fees i t r r, „ar »x 32XIO 01;. r' n , i COMM n.,.,.r. \ ..w...... ...m ♦ awfMWNV,4 \h.F a ~ ~n..n.W..r~r m ..a w ~ yr , IS ` n I Respectrully submitted. B t Willi s ' y Assistant to the City Manager Jfi i i I~t r \ 1 r "•la r , 25 . ~y 32 x URN 4! , r _ 0 P ATTACHMENT 1 MC-lof 1 , July 8, 1998 MEMORANDUM TO: TML Member Cities TML Regional Officers T,41L Affiliate Presidents FROM; Frank 1, Sturzl, Executive Director '7 l{,( SUBJECT: Resolutions for the 1998 TML Annual Conference As you are probably aware, the TML Constitution states that resolutions for consideration at the Annual Conference must be submitted to the TML headquarters 45 calendar days prior to the first day of the Annual Conference. For 19x8, this provision means that resolutions from an member city, TML region, or TML affiliate must arrive at the TML headquarters no later than September 14. 1998. The TML Board of Directors has adopted several procedures governing the resolutions process. Please review the following items carefully and thoroughly, 11 Any city or other entity that submits a resolution pL complcte a resolution cover sheet. The cover sheet to be e kn di.. used is attached. Please feel free to make as many copies of this cover sheet as you desire. 2. The cover sheet must be attached to the resolution throughout each stop of the resolutions process, including a TMt 'red, meeting at which the resolution is considered, 3. The city or other entity that submits a resolution is encouraged to send a representative to the Resolutions Committee to explain the resolution, The Resolutions Committee will meet at 90 a.m. on Wednesday, October 28 in San Antonto. If the procedures described above are not followed for any given resolution, that resolution is likely to be referred to some other TML committee for further study, i 511114 him In that case, the resolution would not be adopted during the 1998 conference, I O , You should also be aware that resolutions received after the deadline of September t4, 1998, must not only have the attached cover sheet, but also must I "state the reason precluding timely submission." These late resolutions can be considered by the Resolutions Committee at the Annual Conference only If two- 4 32XIQ f i +.astarw , thirds of the Committee members present and voting agree to suspend the , submission rule and consider the resolution, If ou have any questions or would like my assistance, please call at any time - (S~2) 719.6300. ' cc, TS1L Board of Directors f I a , S , r WN, 1 32 10 0 sawn d ' r~wraa~ 6 1998 ' TML RESOLUTION COVER SHEET Sponsoring Entity: (City, T Affiliate, and/cc T eg:on) Brief Background: What the Resolution Is Intended to Accomplish: _ SUtewlde ImpoHanca 1 ` Submitled byt Names _ • Titlet ( O S Cityt _ Telephoeet a.. PLEASE DO NOT WRITE ON THE BACK OF THIS FORM 6 2 5 10 ;!X10 mom= 7 J i MOM* ATTACHMENT 2 F TML Legislative Policy Committee Community and Economic Development • Rapraantatimi 1 Dav1d Hill S Linda Ratliff 7 32 x I O i 0 0 ;v,rsro TML f RECEIVED T F__ ' X A S July 21, 1998 14, P fd CITY OF 0-%-:, LIEMORANpUb1 ECONCS11C OP:F TO: Chair, Vice Chairs, TML Board Representative, ant Members of the TML Legislative Policy Committee on Community and Economic Development FROM: Susan Horton, Deputy Executive Director/General Counsel 3 SUBJECT: Summary of Actions Taken at the Two Committee Meetings (March 13 and July 17, 1998) Attached is a summary of all recommendations made at either of the two Committee meetings. The recommendations are divided into the following categories; I. Seek latroduetlon and Paisaue for these initiatives, the Committee recommended that the League draft appropriate legislation, seek a sponsor for that legislation, and actively pursue passage of such legislation by providing tevtimony and through other means. 11. u o for these initiatives, the Committee recommended that the League actively attempt to obtain passage of the appropriate legislation if it is introduced by some otter entity. "w"N4Ire Ill. Eadorr0 for these initiatives, the Committee recommended that TML make its support known as time allows. IV, t7gM for these initiatives, the Committee recommended sru~ that the League actively and vigorously oppose the passage of related legislation. The attached summary of recommendations Is In effect, your Committee Reppoortrt A...,,,. It will be put into resolution form and wilt be submitted to the 1998 TML • Resolutions Committee when it meets in San Antonio on Wednesdayy. October 28, 1998, in conjunction with the TML Annual Conference. The membership of the Leosladve Policy Committee on Community and Economie Development will be 11754 v wei represented on the Resolutions Committee to ensure that the attached Committee Report gets appropriate considmdon. If you should have any questions or comments, please feel flea tit contact us at • silni~am any time. 0 cc, TML President Jimmy Burke, Mayor, Deer Park r. r TML President-Elect T. J. Patterson, Councilmember, Lubbtock Municipal Intergovernmental Liaisons a q w wRi T,y f ) l.~ 3 2 X I O O ` . 1 1 i REPORT OF THE TML LEGISLATIVE POLICY COMMITTEE ON COMMUNITY AND ECONOMIC DEVELOPMIF,NT 1. ,e kIntroduction and pasage of legislation that would: A. allow a city to adopt the International Plumbing Code. B. repeal the 'five-acre exemption" in the platting statute C. direct the county clerk to require that a decd-filing include an affidavit verifying compliance with subdivision requirements, as applicable. D. provide that: (t) if a city does not collect records preservation funds, it may provide access to geographic information data at low coo or no cost to requestors; (2) when a city provides this access, it may set charges for providing copses of the GIS database; and (3) such charges may include data collection costs, system operation costs, and an estimation of the value of the information on the commercial market. E. create a Public Library Assistance Fund, to be funded by" sales tax on books and computer software, the proceeds of which would le distributed on a geographic, per capita, and "as needed" basis. 11. 6MME1 legislation that would: A. replace current regulations relating to plumbing inspectors, by establishing qualifications for taking the state plumbing inspector exam and maintaining a plumbing inspector license. B. simplify the procedures required for the development and revision of hnp_ct fees. C. rrotect anti strengthen cities' regulatory authority In the Arw of annexation, extraterritorial jurisdiction, alcoholic beverage sales and consumption, pawn shops, group homes, manufactured housing, highway logo signs, and property Wungs• 0. clarify that city zoning regulations enacted prior to June 11, 1987 are not A preempted tinder the Alcoholic Beverage Code. E. allow cities in a county with s pulation of 750,M or mole to adopt a 49 sales tax if the cumulative sales tax does not exceed 7,75 percent at the time of the election. F. allow public libraries to become members of the TexShare program. ! d, amend the library district statute to: (1) reduce the populadon foe counties 0 ! in which districts may be formed; (2) pemtit eleedons that would include a city that operates a library if the city consents; and (3) permit cities to call an election to create a library district. 9 ,saes ~ ~ ~ , { ° • ` . r 32X1i~ 0 II[, ~p~Qnly legislation that would require the seller of a property in r municipal extmtemtonrl jurisdiction (ETJ) to fully disclose to the buyer the Ilct that the subject property is in an ETJ and is therefore subject to annexation, IV. Oottbse legislation that would erode municipal authority in any way or that would otherwise be detrimental to cities, including legislation that would: A. erode municipal annexation authority, 8. erode cuneat municipal economic development authority. C. erode municipal eminent domain authority, D. re-enact Subchapter 1 of Chapter 481 of the Government Cade (the so. , called "vesting" statute), E. erode municipal authority in extraterritorial jurisdictions. F, mandate the adoption of the Uniform Plumbing Code. 0. allow a school district, when engaged in a construction project, to comply with either the local building coda or another nadonal or Intennariood model code, H, Impose a statewide electrical licensing law, 1. detrimentally affect the current authority of cities to review and take action with respect to subdivision plats, , A 1 10 1 `4 _x 10' ~ ~ _ 32 V TML Legislative Policy Committee Finance and Administration • Rapmwbdvw, r On Faftne % 'r 1 1 0 32x~d 26 x.t.3 o • 0 Volk" - i JyN I p L ~11t ~ 1993 , P July 28, 1998 MEMORANDUN I TO: Chair, Vic. Chairs, TML Board Representative, and Members of the TML Legislative Policy Committee on Finance and Administration FROM: Frank 1. Sturxl, EXec~:tive Director SUBJECT: S,immary of Actions Taken at the Two Committer Meetings (March 16 and July 24, 1998) AtL•tched is a summary of all recommendations made at either of the two Committee meetings. The recommendations are dividad into the following categories: 1. Seek Introduction sri Passage - for these initiatives, the Committee recommended that the League draft appropriate legislation, seek a sponsor for that lesslation, and actively pursue passage of such legislation by providing testimony I and through other means. 11. Supoort --for these initiatives, the Committee recommended that the League actively attempt to obtain passage of the appropriate legislation if it is introduced by some other entity. 111. Eahrl.1-- for these initiatives, the Committee recommended that TML make its support known as time allows. i C 1 A,e!. ett, N Lnr IV. Oooose for these initiatives, the Committee recommended th•: the League actively and vigorously oppose the passage of related legislation. V. Take No Position. The attached summary of recommendations is, in effect, your Committee Repoli It will be put Into resolution fort and will be submitted to the 1998 TMI" 0 Resolutions Comminee when it meets in San Antonio on Wednesday, October 28, 1998, in conjunction with the TNT Annual Conference. The mem^ershlp of the j Legislative Policy Committee on Finance and Administration will be well represented on the Resolutions Committee to ensure that the attached Committee Report gets appropriate consideration. If you should have any questions or comments, please feel free to contact us at any time. O 0 I , 1 cc: TML Pr¢sident Jimmy Burke, Mayor, Dec- Park TM.. Presid..ct Elect T.1. Patterson, Councilmember Lubbock Murncipallotcrgovernmental Liaisons I I~ 12 32 A El O 1 ` I~ REPORT OF THE TML LEGISLATIVE POLICY COMMITTEE ON FINANCE AND ADMINISTRATION 1. Seek Inttrodretion and passage of legislation that would, A. create a two-year s'. o. a of limitations for a lawsuit aimed at invalidating a municipal act on the basis of a procedural error. B. allow local entities to share in the revenue collected under the Crime Victims' Compensation Fund for projects that would be eligible for this funding. C. allow a former officer, employee, or elected official of the appraisal district or a t&xing unit to serve on an appraisal review board after two year. from the date that such service as an employee, officer, or elected official ends. D. allow a city to challenge the appraisal of a specific property. E. consolidate all remai-.ing state court costs into one fee payable to the states F. allow a city to use hotel occupancy tax revenue for economic development and beautification purposes. 0. provide that a political subdivision does not have to comply with or otherwise enforce a legislative mandate unless the State Comptroller certifies that 75 percent or more of the cost of the mandate is funded by the state government. H. repeal existing state mandates. 1. allow a city to substitute for workers' compensation coverage any other acceptable form of insurance on a contract that currently requires workers' compensation coverage and that does not exceed f 15,000. J. allow a city council to discuss economic development incentives in executive session. U. Suppo legislation that would: A. relax the current restriction in the Open Meetings Act B. expedite the removal of Texas cities from coverage by Section 5 of the Voting Rights Act. C. allow proprietary information provided by a private entity to city officials during the economic development application process to be confidential under law, D 13 rzr'' _ 4~ 5 w Q 32X • U D. change the date by which requested information must be released after receiving a decision from the Attorney General from 10 calendar days to 15 business days. E. change the date to file suit challenging a decision of the Attorney General " regarding requested information from 10 calendar days after receiving the decision to 15 business days after receiving the decision. F. repeal the state statute imposing a court fee on any person who seeks to pay a fine over time rather than immediately; g_r, of that effort fails, legislation that would clarify the statute by: (1) defining "immediately," and (2) stating whether the fee is to be collected "per offense" or "per defendant" G. exclude new growth and increased evaluations for the purpose of determining notice and hearing requirements triggered by additional ad valorem tax revenue. H. provide that a local 9.1.1 district that exists prior to 1987 may make use of 9-1-1 funds for the same purposes available to a district created by state law. 1. immunize cities from liability relating to Year 2000 computer problems. J. allow any city of any size to obtain sales tax information on any entity that annually renuts sales tax payments of more than $100,000. K. require full disclosure and public reporting of sales price information pertaining to real estate transactions. III. Endorse legislation that would: A. allow a city the option of waiving the payment of three yeas of recalculated property taxes when agricultural land is converted to a different use. B. reinstate the local option court cost for a ttafflc offense that occurs in a school zone or for unlawftilly passing a school btu in it city with a population of less than 400,000 C. require that, in the case of partial payments to a court, a city and the state • or county will split the payments until both receive the proper amount of revenue. D. authorize cities to sell tax liens. E. amend the Ton Claims Act to provide that all municipal tort claims, including tote committed before January 1, 1970, are to be classified as governmental or proprietary functions under the list in the Act p I 14 32 x O COMM I_ , I t it TML Legislative Policy Committee Personnel P 1 ! r • Representatlvel Paulette Owens-Holmes J14 ~s r S, i. t ~ r. 7 s 10 - . l E4'-,r^3 , Y 7 ~+•"Y*YS~ S', $~•Y.*$."?9r'Sa`. ~,'-,jYkh~~,t, .%;.^,'k ?t,Ymw` TML x,11:~trzr ~ v' = August 4, 1998 r M1;MORANDUM T0: Chair. Vice Chairs, TML Board Representative, and Members of the TML Legislative Policy Committee on Personnel FROM: Susan Horton. Deputy Executive Director.'General Counsel SUBJECT: Summary of Actions Taken at the Two Committee Meetings (March 20 and July 31, 1998) Attached is a summary of all recommendations made at either of the two Committee meetings. The recommendations are divided into the following categories: 1. Su or for these initiatives, the Committee recommended that the League actively attempt to obtain passage of the appropriate legislation if it is introduced by some othe.• { entity. IL Endorse for these initiatives, the Committee recommender that TML make its support known as time allows. Ill. ODDO$ for these initiatives, the Committee recommended that the League actively and vigorously oppose the passage of related legislation, The attached summary of recommendations is, in effect, your Committee Report. It will be put into resolution form and will be submitted to the 1998 TAIL Resolutions Committee when it meets in San Antonio on Wednesday, October 28, 1998, in conjunction with the TML Annual Conference. The tne,16iship of the w,r,r Legislative Policy Committee on Personnel will be well re,presentcd on the Resolutions Committee to ensure that the attached Committee Report gets appropriate consideration. y If you should have any questions or comments, please feel free to contact us at any time. C {•n'+, Sir cc: TNIL President Jimmy Burke, Mayor, Deer Park TML President-Elect T. J. Patterson, Councilmember, Lubbock Municipal Intergovernmental Liaisons fn q~:•yi nn rt 16 ,,Fr,r, - 75 C 32x I❑ i tlornvA 0 42W4F 7 REPORT OF THE TNIL LEGISLATIVE POLICY CONIMITTEE ON PERSONNEL The Committee voted to recommend that TML adopt the followin¢ statement, Cities should have the ability to structure health benefit plans that they can afford and that meet the needs of their employees. Mandated health benefits should be equated to unfunded stare mandates and should be reviewed by the Unfunded Mandates Interagency Work Group. Costs incurred by cities to provide mandated health benefits to their employees will be borne by the taxpayer. the Texas Municipal League should actively work with other employer groups that have similar interests Ir this issue. I. u ort legislation that would: A. either enhance the current lump sum distribution option offered by the Texas Municipal Retirement System (TMRS) or create a deferred retirement option plan, so long as such legislation is supported by the TMRS Board. B. amend the State Civil Service Law for peace officers and firefighters ~ (Chapter 143 of the Local Government Code) to: 1. revise Section 143.025(b) to permit entrance examinations for police officers to be held at different locations if each applicant takes the same examination. 2. revise Section 143.027 to redefine the probationary period for police ott*,:ers to be either one year or one and one-half years from the date of licensing by the Texas Commission on Lew Enforcement Officer Standards and Education (TCLEOSE). 3. revise Section 143.025 to permit the use of "score-banding" in entrance examinations. ' 4, revise Section 143.051 to state that police officers or firefighters • convicted of a felony would be dismissed without appeal to the Civil Service Commission or to a third-party hearing examiner. 5, revise Section 143.025 to permit full list certification for all candidates who pass the entrance examination. 6. revise Section 143.035 by extending the "alternative promotional • system" provision to fire departments. O • 7. revise Section 143,002 to increase to a higher level the population needed to adopt the civil service provisions of Chapter 143. 17 Y 2 O r I l 1 8. revise Section 143,023 to extend the experience provisions (five years experience as a peace officer or at least five years of military experience) for peace officer applicants to firefighter applicants (five years experience as a certified firefighter or at least five years of military experience). 9. revise Section 143.081 to eliminate the three-member board of a physician, a sychiatrist, and a psychologist, or any combination as appropriate, and to authorize the Civil Service Commission to ask for an independent medical/mental examination from an appropriate medical practitioner whose findings would determine the issue, 10. revise Section 143.045 to include a definition of a "working day." t ( ( revise Section 143.079 to include a definition of a "year of injury leave." 12. revise Section 143.025 to permit cities to pool resources to develop and administer entrance examinations. 13. include a provision to require police officers and firefighters to notify their respective departments if they are arrested or convicted of a crime. 14, revise Section 143.053, which requires the Civil Service Commission to hear an appeal within 30 days, to provide for a hearing within 45 days after the Commission receives notice of an appeal, 15. revise Section 143.051 to include "deferred adjudication" as a conviction. 16. revise Section 143.079 to clarify that the decision of the three- member panel of physicians is final with no appeal 17. revise Section 143.056 to include any Ireser criminal offenses above the level of Class C misdemeanor with no appeal for back- pay, 18. revise Section 143.031 to allow for the filling of a position following a determination that the officer Is physically or mentally unable to perform his/her duties. 1 19. revise Section 143.023 to allow the Civil Service Commission to set additional standards for a beginning position. 20. revise Section 143,026 to allow the Civil Service Director to certify the names of three "suitable" candidates from the entrance Q ti 1. eligibility list. ►p~ 21. revise Section 143,045 to restrict the payment for up to ninety (90) days accrued sick leave to only one time for persons involuntarily separated and who return to the classified service of the city, 18 - r; ~~~r, 0 32x' K i _ . _T.,, , e:.... gym,..:Ne.y,»-.. -r .e. . I 22. revise Section 143.053 to clarify that the Commission may suspend or dismiss an officer for violation of Section 143.056 (felony or misdemeanor complaint). 23, revise Section 143.054 to eliminate the requirement that the Commission must rule on the validity of a request for demotion and again if the officer wishes to appeal the demotion. 24. revise Section 143.033 to permit the use of "score banding" on promotional examinations. 25. revise Section 143.033 to permit full list certification for all candidates who pass the promotional examination. 26. eliminate the option of requesting a third party hearing examir. r to hear disciplinary appeals. 111. Endorse legislation that would rohibit the adoption of collective bargaining in cities of less than 10,000 in popuplation. i lV. Oppose legislation that would erode municipal authority in any way or that would otherwise be detrimental to cities, including legislation that would., I A. erode current municial authority to establish standards relating to response of r Zreusidepnt employees to civil emergencies or which would, in an:- other way, erode current municipal options regarding residency policies. i S. broaden the cu.-rent law regarding the adoption of collective bargaining, including any legislation that would provide for council-option collective bargaining. C. create special employment tights for public safety employees who may be the subject of internal investigations. D. provide that peace officers, firefighters, or any other municipal employees i ' may not be disciplined "without good cause" or only with "sufficient evidenceor that would, in any other way, erode the employment•at-wifl t doctrine. E. Invalidate any municipal nepotism policies. I 19 vim. + n 10 32X1© MO]v 1 'r ! S i TBR7Ar ! ~ r ~ ! I qr I i ! I } A ci TML Legislative Policy Committee Public Safety I II I ! RepresentoWes: I Mayor Jack Miller L. Ross Chadwk:k ! b i I B q l 20 i .POW" 0 REPORT OF THE TML LEGISLATIVE POLICY COMMITTEE ON PUBLIC SAFETY 1. Seek introduction and passage of legislation that would: A. allow a city to prohibit the licensed carrying of a concealed handgun in a city park. B. eliminate the requirement that mandatory community service imposed on a minor convicted of certain alcohol or tobacco offenses be tobacco-related or alcohol-related. i C. authorize designated local rabies control authorities to vaccinate animals under their control for rabies and to obtain vehicle owner records from law enforcement agencies in the course of their required duties. D. authorize the impoundment of motor vehicles that are not covered by insurance. 11. Suopo legislation that would: A. allow a city of any population to pursue nuisance remedies against the owner of a multi-cunt residential property who knowingly permits certain violent criminal offenses to occur on the property. B. repeal Section 485.018 of the Health and Safety Code, which prohibits a city from enacting an ordinance that requires a business establishment to display abusable glue or aerosol paint in a manner that makes the glue or paint accessible to patrons of the business only with the assistance of personnel of the business. C. strengthen the inspection, training, accountability, and safety requirements and regulations for the operation of amusement rides. D, authorize certain cities to disannex from an emergency services district. 111, Oppose legislation that would erode municipal authority in any way or that would • otherwise be detrimental to cities, including legislation that would: A. amend the Underground Facilities Statute to: 1. raise the $1.25 cap on the fee paid to the notification center by an affected facility operator, 2. levy a fee on an excavator, 3. raise the registration fee unless the fee is determined on a more equitable basis, or 4. require mandatory participation by tides as Class B operators. 21 '!Jr 7 r? kJ a2 X Q r v 1~ 1 ~ ! t r~ 5~ . O i 1 r . 4 B. detrimentally change the existing felony forfeiture statute. C. preempt municipal authority to regulate smoking. D. erode municipal authority to regulate the sale, distribution, advertising, k display, or promotion of cigarettes or tobacco products. E. further restrict a city's authority to regulate the carrying of handguns in public buildings. F. authorize additional entities to employ and commission peace officers. a. eliminate the current requirement that a paramedic cannot transport a person without that person's consent unless the person is unable to communicate i" the person is in a life-threatening situation. IV. Take eo aitloe on legislation requiring mandatory participation in and compliance with the National Flood Insurance Program for cities, counties, and state agencies. i,. i 22 r , 1~: r e r ) , •w r TML Legislative Policy Committee 1 r , 't i 4 Utilities and Environment t. Repreaentatlw; Sharon Maya Katherina Barnett ' t f r 23 AM" 0 IMWAY0 TpML COPY Eirci,_i. i , a August 10, 1999 fil,f,12 F9 a,3 MEMORANDUM TO: Chair, Vice Chairs, TML Board Representative, and Members of the TML Legislative Policy Committee on Utilities and Enviromnent G4~ [ROM: Frank J. Sturzl, Executive Director J, SUBJECT: Summary of Actions Taken at the Two Committee Meetings (March 30 and August 7, 1998) Attached is a summary of all recommendations made at either of the two Committee meetings. The recommendations are divided into the following categories: 1. Seek lettoduction and Passant for these iritiatives, the Committee recommended -it -the League draft apptopriate legislation, seek : sponsor jr that legislation, and actively pursue passage of such legislation by providing testirrony and throc,ah other means. IL hunnn,r I for these initiatives, the Committee recommended that the League actively attempt to obtain passage of the appropriate Iegislation if it is introduced by some other entity. M 111. OQpgL, for these initiatives, the Committee recommended that the League actively and vigorously oppose the passage of related legislation. TTie attached summary of recommendations is, in effect, your Committee Repom It will be put into resolution form and will be submitted to the 1998 TML Resolutions Committee when it meets in San Antonio on Wednesday, October 28, 1998, in conjunction with the TML A3rmtal Conference. The membership of the { Legislative Policy Committee on Utilities and Environment will be well • represented on the Resolutions Committee to ensure that the attached Committee Report gets appropriate consideration. li you should have any que,ti,ins or comments, please feel free to contact us at „ any time. , • cc: TMI, President Jimmy Burke, Mayor, Deer Park p TML President-Elect T. J. Patterson, Couricilmember, Lubbock Municipal : uergoverruuental Liaisons 24 'Ar 5 Q 32 x I Q MM got& I i I e 0 MUM" 'I REPORT OF THE TNIL LEGISLATIVE POLICY COMMITTEE ON UTILITIES AND ENVIRONMENT 1. Seek introduction and passage of legislation that would: A. require an applicant for a Service Provider Certificate of Authority from the Texas Public Utility Commission to obtain any franchise agreement that may be required by a city in which the applicant intends to provide service. B. provide for the unlimited right of cities to use water courses in the state to discharge permitted wastewater, Ii. Support legislation that would: A. create/continue state incentives for demonstration projects of volume- based solid waste rates. B. allow for a refund of a portion of the solid waste tipping fee for cities that voluntarily institute volwne•based solid waste rates. C. create/continue state incentives for cities to voluntarily adopt yard waste bans. D. allow for the creatioa of solid waste management districts. E. require the Texas Natural Resource Conservation Commission (TNRCC) to adopt the EPA's "503" rules relating to land application of sludge and to encourage cities to pursue beneficial use of sludge rather than landfilling. F, prohibit the TNRCC from enacting a landfill standard more stripggent than federal law, and/or require the TNRCC to allow maximum flexibility for landfills under federal law. 0. establish fees adequate to fund wireless location identification and number identification technology. s III. Oppose legislation that would erode municipal authority in any way or that would I otherwise be detrimental to cities, including legislation that would: l A. erode the authority of Texas cities to managa and control their righmof- way or other public property. B. erode the authority of Texas cities to recover fair and reasonable • compensation for (1) managing, maintaining, and Policing rights-of-way 0 or other public property; and (2) leasing those rights-of-way or other public property based on the value of such rights-of-way or public property. 25 ° i s C. standardize telecommunication, franchise agreements if such legislation: (1) overturns the provisions of any home rule charter, (2) fails to protect each city's revenue both now and over time; (3) subjects agreements to the oversight of any state agency; or (4) fails to treat all telecommunications companies, resellers, rebundlers, and winless service providers in a non- discriminatory and competitively neutral manner. D. erode a city's authority to assess a pipeline utility appropriate charges according to the purpose of the pipeline and the impact of the pipeline on the city. E. restrict the siting of landfills beyond current federal requirements regarding such restrictions. F. require cities to adopt volume-based solid waste rates or full-cost accounting procedures for solid waste services. 0. eliminate existing incentives for demonstration projects of volume-based solid waste rates. H. impose a state-mandated ban on yard waste. 1. eliminate existing incentives for cities to voluntarily adopt yard waste bans. J. require landfills to identify the source of solid waste accepted at the landfill K expand the authority of counties or other non-municipal entities to regulate the siting of landfills. L. mandate waste separation beyond current law. M. mandate recycling beyond current law. N. mandate composting. 9. increase the solid waste Upping fee or change the allocation formuls In such a way that grants to cities - from funds generated by the fee - are endangered. P. erode the authority of cities to provide solid waste services in newly annexed areas. Q. require a city to raise any municipal fee and remit the revenue to the state. to R. deregulate or restructure the electric industry if such deregulation or O restructuring: ~191~ L erodes municipal authority over -'gliuef•way or other public , property. 26 32 X . a ' Jew ,f r `t ,rawsas r s,.:i•; t+lh: A:':. 1X'r . flN',,fwG 't.~ , ...a rY~T/i+Y`+i°`MMJ p#dP;':k~wuv.!Y'h•u•~ceuwartw:..r^4,..•ww, -ruo+. i 2, erodes municipal authority to impose a right-of-way fee that: (a) is equal to that received prior to competition, and (b) increases with growth. 3. threatens the ability of a mwdct ly owned utility (MOW to o rate pprofitably, subjects an MOU to regulation by the Public ! tility Commissron, or threatens the financial integrity of any city. 4. fails to ensure that all citizens benefit through low%;r rates. 5. fails to assure that electric system reliability and service quality will be maintained at standards equal to or better than the { reliability and service standards which exist today. 6. fails to allow cities to serve as aggregators. 7, fails to provide checks and balances against concentration of market power through takeovers, mergers, acquisitions, or other means. r u, i % vy YYYIII.~. y 27 ' ly t' r V i d4 ~ .r i i 32 10 a , 0 I~ PROPOSED 1998 TML RESOLUTIONS RESOLUTION DESCRIPTION ORIGINATION I. Support the recommendations The Committee considered many issues that could impact the authority of TML _Legislativc of the T M L Legislative Policy cities to govern such as annexation, extraterritorial jurisdiction, eminent Committee on Committee on Community and domain, subdivision, land use, building codes, sales tax, library districts, and Community and Economic Development. other related topics. The Committee made recommendations to seek Economic introduction and passage, support, endorse, or oppose legislation based on the Development legislation's intent to protect, maintain, and/or enhance municipal authority in the state of Texas. The summary of the Committee's recommendations is an attachment to the resolution. 1Support changes to the truth The 1997 Legislature made changes to the trut7i in taxation notification - TML Legislative in taxation notification legislation requirements mandating that a governing body publish notices and hold a Committee on to exclude new growth for the public hearing before adopting a tax rate that would result in any increase in Finance and 1J purpose of determining notice total ad valorem revenue over the prior year. Staff feels that new growth Administration and hearing requirements should be excluded because ad valorem revenues could be significantly triggered by additional ad impacted by high growth. The TML Legislative Policy Committee on Finance valorem tax revenue. and Administration recommended this change but with the inclusion of ' increased evaluations. While staff recommends support for exclusion of new growth, staff does not feel increased evaluations should be excluded. s a 3. Support legislation allowing Logo re et boatels are specific informatitn logos signs F atiwe a blue Adopted ni Will - the use of logo ruder boards background with a white reflective border for commercial establishments Annual Conference a along Intentatcs inside urban which provide gas, food, lodging or camping and are located not farther than t 11t197. areas with a population of 50,000 three miles from an interchange on an eligible highway. Texas Department of or more. Transportation contracts with a private firm to provide the signs and • administer the program. Current legislation allows logo reader boards along interstate highways in urban areas with a population of 50,000 or less. The resolution requests support for legislation that would allow logo reader boards along interstates Insde urban areas with a population of 50,000 or more, 1L..1 h ~kJ X .32 r su~emw . O 4 wiearw ' RESOLUTION DESCRIPTION ORIGINATION 4. Support legislation amending With the proposed deregulation of the electric utility industry, municipally Adopted at TML the Texas Open Meetings Act and owned utilities would be at a disadvantage competing with investor-owned Annual Conference Public Information Act to allow a (IOUs) in negotiating and selling power due to the requirements of the Texas 11/1197, public body t an't the Texas Public Information Act. Any member of an Open Meetings Ac e to negotiate the sal of public power In a closed IOU who attends a municipal meeting would learn negotiation strategy and meeting and to keep any records position of the municipally owned utilities and use that to their competitive associated with the negotiation advantage. This legislation would enable the municipalities to be competitive confidential. with the investor-owned utilities, S. Support Icgislalion to allow' all Currently, cities with over 100,000 population can solicit insurance bids Adopted at TMt. cities to have the option of through competitive sealed proposals. This is an advantage over the Annual Conference purchasing oil Insurance through competitive sealed bid process which requires that the contract be awarded to 11/1/y7, the competitive sealed proposal the lowest responsible bidder. Use of the competitive sealed proposal allows a process. contract to be awarded to the responsible respondent whose proposal is determined to be most advantageous to the municipaliy. This would allow for consideration of elements other than price such as quality of service, the 'o benefits involved, the facilities and resources made available and many other ctors unrelated to price. 1 ' 6. Support legislation to allow '[li s re<_olution recommends repeal of §3151(d) of the Public Utility Adopted at TML cities to have the option to Regulatory Act (AURA) which proha ms. municipalities and municipal electric Annual Conference compete with local exchange systems from going into competition with investor owned telephone i Ill N7. carriers whn do not provide the communication utilities. Support for repeal of §3.251 would allow Denton and I level of telecommunications other cities around the State that have fiber optic system capabilities to 1 senices desired by prospective compete with local exchange telephone carriers. • and current industry and residential customers in non urban'fcxas, 25 x 32X I O rang 0 i l , ww+~ RESOLUTION DESCRIPTION ORIGINATION 7. Seek introduction and passage Currently, the Tex. Loc Gov't end §51.074 (Texas Open Meetings Act) Council Member of legislation amending the Texas authorizes the Council and other geverning bodies to deliberate the request Open Meetings Act to allow appointment of a public officer or employee in executive session. The members of governmental bodies Attorney General has interpreted this provision to allow discussion of only to deliberate board and members of discretionary boards in executive session, i.e., those boards which commission member exercise some sovereign function of municipal gevemment. Ile City Council appointments in executive may not discuss the appointment of members of advisory boards in closed session, session. Amending §551.074 would allow a governmental body to deliberate the appointment of any member of a board or commission in executive session. I 8. Support legislation to amend The Tex. Loc. Gov't Code §395.001 allows cities to charge impact fees for roTn I I-cM-FkY Tex, Loc. Gov't Code 1395.001 to roads, water, sewer, storm sewer and flood control facilities. School districts request expand the authority for are not authorized to charge impact fees, but population growth impacts implementation of school impact schools in terms of the need for more schools, teachers and accessory services. fees in high growth communities. Authorization of impact fees for school facilities in high growth communities across the state will provide much needed revenue to build and sustain school systems. i e I i ❑ 32 x ❑ MAN I o ' 0 E, A v I I I I I I i i 'r I nr RESOLUTION I 31 I U 32 x I D 0 raawea 0 ( r 1998 TML RESOLUTION COVER SHEET Sponsoring Entity: City of Denton i Brief Background: The Texas Municipal League Legislative Policy Committee on Community and Economic Development has met In preparation for the next legislative session. During these meetings, the committee has considered many issues that could potentially impact the authority of cities to govern matters such as annexation, extraterritorial jurisdiction, eminent domain, subdivision, land use, building codes, sales tax, library districts and other related topics. What the Resolution Is Intended to Accomplish: This resolution is intended to show the City of Denton's support for the recommendation of the Community and Economic Development Legislative Policy Committee and urge the TML Resolutions Committee to support these same recommendations. i Statewide Importance: Support for the recommendations of the TML Legislative Policy Committee on Community and Economic Development by the TML Resolutions Comm:-zee will assist in protecting, maintaining, rid enhancing municipal authority in the state of Texas. • Submitted by: Name: Michael W. Joz I Title: City Manager City: Clty of Denton Telephone: (9401349.8307 • • • PLEASE 00 NOT WFiTE ON THE BACK Of THIS FORM i A £j 32 10 2b k < CJ 32x . j n f lr DRAFT RESOLUTION NO, - I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON REQUESTING THE TEXAS MUNICIPAL LEAGUE (TML) TO SUPPORT THE RECOMMENDATIONS MADE BY THE TML LEGISLATIVE POLICY COMMITTEE ON COMMUNITY AND ECONOMIC DEVELOPMENT REGARDING ANNEXATION, EXTRATERRITORIAL JURISDICTION, EMINENT DOMAIN, SUBDIVISION, LAND USE, BUILDING CODES, SALES TAX, LIBRARY DISTRICTS AND OTHER MUNICIPAL POWERS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Texas Municipal League holds an annual conference to discuss matters of importance to local governing bodies around the state; and WHEREAS, the Annual Conference is scheduled for October 2V - 31", 1998 in San Antonio; and i' WHEREAS, the Texas Legislature will review several proposals that will potentially impact the authority of cities to govern matters such as annexation, extraterritorial juradiction, eminent domain, subdivision, land use, building codes, sales tax, library districts, and other related topics; and W14EREAS, the TML Legislative Policy Committee on Community and Economic Development met on March 13`h, 1998 and July 17`^, 1998 and approved the recommendations attached as Exhibit "A" for the purpose of protecting, maintaining, and enhancing municipal authority in the state of Texas; NOW, THEREFORE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION L That the City Council supports the recommendations proposed by the Legislative Policy Committee on Community and Economic Developmen: as shown in the attached Exhibit "A", and urges the TML Resolutions Cot*m;ttee to support these same recommendations. SECTION II. That the City Manag :r is authorized to forward a copy of this resolution to Mr. Frank Stural, Executive Director of the Texas Municipal League. 1 ' I • SECTION Ill. 'that this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED on this the day of 1998. LACK NIv LLER, MAYOR f b,a: 33 S~Av~ «l x , f x 10 0 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: '-i BY: _ HERB PROUTY, CITY ATTORNEY a r t r: l C try,:, r 34 ii x nY f 2.~ k l❑ 3f+" Y I I i I Exhibit "A" , REPORT OF THE TML LEGISLATIVE POLICY COMMITTEE ON COMMUNITY AND ECONOMIC DEVELOPMENT I. Seek introductio t and passage of legislation that would: A. alloy a city to adopt the International Plumbing Code. B. repeal the "five-acre exemption"in the planing statute. C. direct the county clerk to require that dded-filing include an affidavit verifying compliance with subdivision requirements, as applicable. D. provide that: (1) if a city does not collect records preservation funds, it may provid: access to geographic information data at low cost ur no cost to requesiors; (2) v,;ten a city provides this access, it may set charges for providing copies of the GIS ,af abase; and (3) such charges may include data collection costs, system operation ,osts, and an estimation of the value of the information on the commercial market. E, create a Public Library Assistance Fund, to be fund!.: by the sales tax on books and computer suftware, the proceeds of whl.h would be distributed on a geographic, per capita, and "as needed" basis. ll. Su°nort legislation that would: A. replace current revn;st;ons relating to plumbing inspectors, by establishing qualifications for taking thw state plumbing inspector exam and maintaining a plumbing inspector license. B. simplify the procedures required for the development and revision u: impact fees. C. protect and strengthen cities' regulatory authority in the areas of annexation, extraterritorial jurisdiction, alcoholic beverage sales and consumption, pawn shops, group homes, manufactured housing, highway logo signs, and preperty takings. D. clarify that city zoning regulations enacted prior to June 11, 1987 arc not preempted 0 under the Alcoholic Beverage Code. • \p/? E, allow cities in a county with a pupulation of 750,000 or more to adopt a e B sales tax , if the cumulative sales tax does not exceed 7.75 percent at the time of the election, 35 l 0 WIN" I F. allow public libraries to become members of the TerShare program. G. amend the libra,7 district statute to: (t) reduce the population for counties in which I , distOots may be farmed; (2) permit elections that would include a city that operates a library if the city consents; and (3) pe, nit cities to call an election to create a library district. 111. Endorse legislation that would require the seller of a property in a municipal extraterritorial jurisdiction (ETJ) to fully disclose to the buyer the fact that the subject property is in an ETJ and is therefore subject to annexation, IV. Oppose legislation that would erode municipal authority in any way of that would otherwise be detrimental to cities, including legislation that would: A. erode municipal annexation authority. B. erode current municipal economic development authority. C. erode municipal emirent domain authority. D. re-enact Subchapter I of Chapter 481 of the Government Code (the o•celled "vesting" statute). E. erode municipal authority in extraterritorial jurisdictions. F. mandate the adoption of the Uniform Plumbing Code. G. allow a school district, when engaged in a construction project, to comply with either the local building code or another national or international model code. t: H. impose a statewide electrical licensing law. 1. detrimentally affe;t the current authority of cities to review and take action with respect to subdivision plats. i I ~p ~ O ! 36 10 32XI • o I 1 1 T RESOLUTION 2 37 .32 x 0 1 xxrrr~ _.I 1998 F TML RESOLUTION COVER SHEET Sponsoring Entity: City of Denton Brief Background: The 1997 Texas Legislature made changes to the truth in taxation notification which require a governing body to publish notices and hold a public hearing before adopting a tax rate which will result In any increase in total ad valorem revenue over the prior year. What the Resolution Is Intended to Accomplish: This amendment requ3sts that new growth be excluded for the purpose of determining notice and hearing requirements triggered by additional ad valorem tax revenue. It is logical to assume that new growth will result in Increased revenues. By including the new growth figures for the purpose of notice and public hearing requirements, a taxing jurisdiction would be providing the public with ad valorem tax revenues that could be significantly impacted by the high growth resulting in a distorted image of increased revenues. Exclusion of the new growth from the ad valorem revenues would provide a more accurate notice of increased revenues. Statewide Importance: Notification of increases in ad valorem tax revenue should provide citizens with a comparison of like figures. By excluding the new growth figures, notification of increased revenue will more accurately be conveyed to the public. d Submittad by: Name: Michael W. Jet 1 f Title: City'vls lager City: City of Denton Telephone: (9401349-8307 . PLEASE DO NOT WRITE ON THE BACK OF THIS FORM J f ~ r 38 x 10 azx 10 e 0 fbxwr* I RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON REQUESTING THE TEXAS MUNICIPAL LEAGUE TO SUPPORT LEGISLATION TO EXCLUDE NEW GROWTH FOR THE PURPOSE OF DETERMINING NOTICE AND HEARING REQUIREMENTS TRIGGERED BY ADDITIONAL AD VALOREM TAX REVENUE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Texas Municipal League holds an annual conference to discuss matters of importance to local governing bodies around the State; and WHEREAS, the Annual Conference is scheduled for Ocbber 28-31, 1998 in San Antonio; and WItEREAS; the 1997 Texas Legislature made changes to the truth in taxation notification requirements; and WHEREAS, the legislative changes require a governing body to publish notices and hold a public hearing before adopting a tax rate that will result in any increase in total ad valorem revenue over the prior year; and WHEREAS, if the tax rate remained the same or even decreased and the levy increased over the prior year, proper notices mu,,t be published and a public hearing held; and WHERAS. the City of Denton believes that new growth should be excluded for tho purpose of determining notice and hear;ng requirements trigged by additional ad valorem tax 1 revenue; and WHEREAS, the City Council believes that an amendment would be of benefit to local governing bodies around the State; NOW, THEREFORE, TIIF: COUNCIL 01 THE C17Y OF DEN fON, TEXAS HEREBY RESOLV!!-& SEC7IQ~J. Thai rae City Council requests the Te, „3 Municipal League support legislation to exclude new growth for the purpose of determining notice and hearing A requirements triggcrcd by additional ad valorem tax revenue. C 'CTIQ~ 1]. That the City Manager is authorized to forward a copy of this resolution to Mr. Frank Sturzl, Erxutive Director of the Texas Municipal League. i I 39 yrsP ;?5 ❑ 32 x I ❑ >r~ u 5W_flON 11{. That this resolution shall tx,come effective immediately upon its passage and approval. PASSED AND APPROVED this the day of - 1998. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY ~J BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY; _ I r f~ t I . r ` 40 ? t~ Q 32 f~ , AL, > ~ O 1 1 1 I 1 . ' III 111 i 1• ~ I I i I 1 RESOLUTION 3 I I 41 o , v 0 1-:. `L: 'v. 1 ni...a,f,. 1 Y W S:.f.".w.n • Frv rr~x,Y.,n~.,: Y~..4 Y - r , 1998 TML RESOLUTION COVER SHEET , Sponsoring Entity: City of Denton Brief Background: Current legislation allows logo reader boards along Interstate highways in urban areas with a population of 60,000 or less for commercial establishments which provide gas, food, lodging or camping and are located not farther then three miles from an interchange on an eligible highway. What the Resolution Is Intended to Accomplish: This resolution would support amending the legislation to allow the use of logo reader boards in urban aress with a population of 60,000 or more. Statewide Importance: Amendment of the legislation would allow logo reader boards at interchanges on approved Interstate highways throughout the State of Texas. This would provide information on Vie location of gas, food, lodging and camping for motorists unfamiliar with the area. Amendment of the legislation would also allow commercial establishments an equal opportunity to place logo reader boards In the right-of-way along Statu and Federal roadways. Submitted by: Name: Michael W, Jez i Title: City Manager ' City: City of Denton Telephone: (940) 349-9307 O • ?LEASE 00 NOT WRITE C41 THE PACK OF THIS FORM 42 pp.er"'' ry 32X10 I, _o n DRAFT RESOLUTION NO, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON REQUESTING THE TEXAS MUNICIPAL LEAGUE TO SUPPORT LEGISLATION REGARDING THE USE OF LOGO READER BOARDS IN URBAN AREAS WITH A POPULATION OF 50,000 OR MORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Texas Municipal League holds an annual conference to discuss matters of importance to local governing bodies around the State; and WHEREAS, the Annual Conference is scheduled for October 28-31, 1998 in San Antonio; and 1 WHEREAS, the Texas legislature has previously adopted legislation permitting the use of logo reader boards along interstates In areas "located outstde an urbanized area with a population of 50,000 or more according to the most recent Federal census"; and WHEREAS, such logo reader boards provide a valuable service to motorists in order to determine upcoming locations for food, lodging, and gasoline; NOW, THEREFORE, I HE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION t. That the City Council requests the Texas Municipal League support legislation allowing the use of logo reader boards along interstates Inside urban areas with a population of 50,000 or more. SECTION 11. That the City Manager is authorized to forward a copy of this resolutions to Mr. Frank Stutz], Executive Director of the Texas Municipal League. $..CTION III. That this resolution shall become effective immediately upon its passage and approval. t I 1 PASSED AND APPROVED this the day of 1998. JACK MILLER, MAYOR t Gw.. i 43 ~``.r:<,~b . 15k M 32 x l ❑ R c J -l k ATTEST: JENNIFER WALTERS, CITY SECRETARY BY. APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: i I, i i I ; r 44 r:u 0 • o q I i 1 II I Al ' '•Iit ~ i p, RESOLUTION ~ p p i 45 M 32'111 awm"L 0 , oxen,= 1998 TML RESOLUTION COVER SHEET Sponsoring Entity: City of Denton Brief Background: Current requirements of the Texas Open Meetings Act and the Texas Public Information Act require all discussion of strategy, analysis of proposed bids for the sale or purchase of electrical power by a municipal electric utility, Including the analysis of proposals to sell power and the award and approval of contract to be done in open session of the City Council and Public Utilities Board. With the threat of impending legislation deregulating the municipal electric industry, discussing contracts in open session would put municipal utilities at a disadvantage over the investor-owned utilities. What the Resolution Is Intended to Accomplish: Amending the Texas Open Meetings Act and the Texas Public Information Act to allow a public body to negotiate the sale of public power In a closed meeting and n keep any records associated with the negotiation of the power sales contract confidential would enable municipalities to be competitive with the investor-owned utilities and thus be responsible to its ratepayers. Statewide Importance: Amend;ng the Texas Open Meetings Act and the Texas Public Information Act will allow all cities in the State of Texas to negotiate the sale of power in a closed meeting and keep records associated with the negotiation confidential. This would enable the municipal-owned utility to compete equally with the independent-owned utility thus providing service at a competitive price for all ratepayers. i • Submitted by: Name: Michael W. Je: ! Title: City Manager City: City of Denton • • • Telephone: (940) 349-8307 PLEASE DO NOT WRITE ON THE BACK OF THIS FORM k , y o Iti. 46 25 x 32 x Ir ❑ i 0 I, ORArr RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON REQUESTING THE TEXAS MUNICIPAL LEAGUE TO SUPPORT LEGISLATION TO AMEND THE OPEN MEETINGS AND THE OPEN RECORDS ACTS TO ALLOW CITY COUNCILS OF 1 CITIES OWNING AND OPERATING THEIR OWN ELECTRIC UTILITIES TO NEGOTIATE AND DISCUSS POWER SALES AND OTHER CONTRACTS IN II EXECUTIVE SESSION AND TO WITHHOLD THOSE CONTRACTS OR PORTIONS OF CONTRACTS WHERE TO DIVULGE THIS INFORMATION WOJLD BE DETRIMENTAL TO THE COMPETITIVE POSITION OF THE CITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Texas Municipal League holds an annual conference to discuss matters of importance to local governing bodies around the State; and WHEREAS, the Annual Conference is scheduled for October 28.31, 1998 In San Antonio; and WHEREAS, during the Iasi session of the Texas Legislature, several bills which world have deregulated the electric industry and have required municipally-owned electric utilities to compete directly against all other types of electric utilities, including investor-owned utilities were introduced, but failed to pass; and WHEREAS, the Governor has appointed a committee which has been studying the whole subject of electric utility deregulation; and WHEREAS, the next session of the Legislature, which meets in 1999, will consider passage of deregulation legislation which could require municipally-owned electric utilities to ' compete directly with the investor-owned electric utilities, and which could open up all 0 municipal service areas, which previously have been protected under the law or under certificates of comenience and necessity, to the right of each retail customer to choose their own electric provider; and 1 WHEREAS, ins -stor-ow'ncd utilities are not required to hold their meetings ur discussions concerning their power sales and other electric contracts In public, nor are their • contracts generally s-rbjected to being disclosed to the general public; and { 47 3e. X 1 r~ Y I 0 , AWWA•d i r. I t WHEREAS, municipalities who own their own electric utilities are required to hold discussions and negotiations concerning electric power sales contracts and other contracts in public and these contracts are subject to public disclosure through TEX, LOC. GOVT CODE ch. 552, the Public Information Act; and WIIEREAS, in the evert of deregulation which provided direct competition between municipally-owned and investor-owned utilities, municipally-owned electric utilities would be at a great disadvantage over investor-owned utilities who would be able to determine the negotiation strategy and position of the municipalif-owned utilities and to use that to their competitive advantage; NOW, THEREFORE, THE COUNCIL OF THE CITY Or DENTON, TEXAS HEREBY RESOLVES: SECTION That the City Council requests that the Texas Municipal League support legislation which would amend TEX. LOC. GOVT CODE ch, 531, the Texas Open Meeting s Act, to authorize a municipality which owns an electric utility to discuss its po ver sales contracts and other electrical c'-:tracts, including price and other material items, in a closed meeting, where to discuss this in an open meeting would detrimentally affect the competitive position of the municipality with a third party. SECTOiT 11: That the City Council requests the Texas Municipal League to support legislation wWc't %s uld amend TEX. LOC GOVT CODE ch. 552,the Public Information Act, which would create an exception to disclosure in the -vent of a public request for information, where to divulge the contents of all or portion of toe municipality's power sales or other electrical contracts would detrimentally affect we competitive pusition of the municibality. SECTION III. That the City Manager is authr•ized to forward a copy of this resolution to Mr. Frank Sturzi, Executive Director of the Texas Municipal League, SECTION IV. That this resolution shall become effective imm-diately upon lta passage and approval. E "'a PASSED AND APPROVED this the day of , 1998. ~ JACK MILLER, MAYOR •y r 48 { _ _ _ { ~e~, .in ~5x 1%0 32x10 ,Y d ' a I i o k i, r ATTEST: JENNIFER WALTERS, CITY SECRETARI M BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: _ fr I 1 I 3 M1 I 6 ~ . k r 49 f - - ~ 25 x 10 32X ' f3~Y4. ...mow.. s r O I team I y J • a RESOLUTION 5 i I I I so w 110 1321X I . r Nano= O i i YM9@il I 1998 i TML RESOLUTION COVER SHF,ET Sponsoring Entity: City of Denton Brie: Background: Currently, the Texas Local Government Code 6252.021 prohibits all Texas cities under 1 CO 000 population from solicitinLi Insurance bids through competitive sealed proposals. What the Resolution Is Intended to Accomplish: Amending Tex. Loc. Gov't Code 6252.021 (b) and (c) Into a new (b) would allow a municipality with a population of less than 100,000 to use the competitive sealed nrcposal for high technology procurements or for the purchase of Insurance. Statewide Importance: To safeguard public and employee interests, municipalities must acquire Insurance for such thugs as health issues, life, liability, property, etc. The selection of an insurance provider is usually a highly complex process which Involves not only a consideration of price, but also a consideration of other 9lements, Including quality of service, the benefits involved, and the feeNtles and resources available, and many other factors which are unrelated to price regardless of the size of the city, The competitive sealed bidding requirement requires that the contract be awarded to the lowest responsible bidder. However, the competitive sealed proposal requirement allows a contract to be awarded to the rPSponsihle res;)mdent whose proposal is determined to be the most advantageous to the municipality. Submitted by: Name: Michael W. Jez t { Title: City Manager City: City of Denton , Telephone: ;940) 349.8307 jib PLEASE 00 NOT WRITE ON THE BACK OF THIS FOAM j ty I I I 51 1 1 .n~ ~w ?5 ' 32x10 0 l f . I , RESOLUTION NO, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON REQUESTING THE TEXAS MUNICIPAL. LEAGUE TO SUPPORT LEGISLATION TO AMEND THE TEXAS LOCAL GOVERNMENT CODE §252.021 TO ALLOW ALL CITIES UNDER j 100,000 POPULATION TO SOLICIT ALL INSURANCE BIDS THROUGH COMPETITIVE `I SEALED PROPOSALS INSTEAD OF COMPETITIVE BIDDING; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, the Texas Municipal league holds an annual conference to discuss matters of importance to local governing bodies around the State; and V~ IIEREAS, the Annual Conference is scheduled for October 28-31, 1998 in San Antonio; and WHEREAS, TEX. LOC. GOVT CODE ¢252.021 (b) requires a municipality with a population of less than 100,000 to utilize the competitive sealed bidding process before entering into a contract for insurance which requires any expenditure of more than $5,000 from one or more municipal funds; and WHEREAS, TEX. LOC. GOV'T CODE §252,02I(c) allows it municipality over 100,000 to use tl. competitive sealed proposal procedure for the purchase of all insurance; and WHEREAS, the purchase of insurance today is a complex process involving many technical factors other than price and a competitive sealed proposal process allows the municipality to consider the relative importance of price and other evaluation factors Included in the request for proposals other than just price alone, and it would be of etireme public benefit if cities with populations under 100,000 were allowed to purchase insurance through the competitive sealed proposal process rather than through the competitive sealed bidding process; NOW, THEREFORE, , THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECT N 1. That the City Council requests the Texas Municipal league support legislation which would amend TEX. LOC. GOVT CODE ¢252.021 to allow all cities to have the option of purchasing all Insurance through the competitive sealed proposal process. 0 ' ` SECTION IL That the City Manager is authorized to forward a copy of this resolution to Mr. Frank Sturzl, Executive Director of the Texas Municipal League. i I 52 10 10 l e ~ I 9 1 ri ' 0 - ,I r ~ , GOMM SECTION Ill. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1998. JACK MILLER, MAYOR E ATTEST. JENNIFER WALTERS, CITY SECRETARY BY._ _ t APPROVED AS TO LEGAL FORM, HERBERT L. PROUTY, CITY ATTORNEY BY; E .4 % R .4 I 7 r1 II ~t I ; r I r 1 11 f f Y. 53 tf Arm i75 ,K }ail_32x10 o _ e tMP.NY l I i I i A i 1 RESOLUTION 6 25 x n 32X ,l J • O r acmes - i .:J r , ,S'J ':....Tyn t. 4, {u?uM1•:'y .•rmYavS' H,~.'yti.`. w r.. w w... L 1998 J TML RESOLUTION COVER SHEET Sponsoring Entity: City of Denton ! Brief Background: In 53.251(d) c' the Public Ut;!ity Rdgulatory Act ("PURA% municipalities and municipal electric systems are prohibited from going Into competition with inves,or- owned telephone communication utilities by being prohibited from obtaining e certificate of convenience and necessity for telecommunication services. The 1998 Telecommunications Act passed by Congress prohibits all barriers to competition, The PURA provision is anti-competitive and appears to be directly contrary to the prohibition against the barriers to competition contained in the federal Telecommunications Act. What the Resolution Is Intended to Accomplish: Repeal of 53.251(d) of the PURA would allow Dentin and other cities around the State which have fiber optic capabilities to compete with local exchange telephone carriers, r Statewide Importance: Deregulation of the teleco nmlinication Industry by State and Federal laws has not resulted in competition In cities ',t non urban areas. If Denton and other cities were allowed to compete, reduction in the cost of telecommunications services to the citizens, promotion of economic development, and reliable service by a provider with a vested interest in the community could occur. • Submitted by: Name: Michael W. Jez 1 Title: City Manager • City: City of Denton Telephone: (940) 349-8307 PLEASE DO NOT WRITE ON THE BACK OF THIS FORM - , i „ ,~,4 2 5 < ur 32 x10 0 1 DRAFT RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON REQUESTING THE TEXAS MUNICIPAL LEAGUE TO SUPPORT LEGISLATION REGARDING THE REPEAL OF 13.251(d) OF THE PUBLIC UTILITY REGULATORY ACT TO ALLOW CITIES TO COMPETE AGAINST LOCAL EXCHANGE TELEPHONE CARRIERS IN COMMUNITIES WHERE THE QUALITY, SELECTION AND COST EFFECTIVE PRICING OF TELECOMMUNICATION SERVICES ARE INADEQUATE; AND PROVIDING FOR Al'; EFFECTIVE DATE, WHEREAS, he Texas Municipal League holds an annual conference to discuss matters of importance to loci] governing bodies around the State; and WHEREAS, the Annual Conference is scheduled for October 28.31, 1948 in San Antonio; and WHEREAS, the Texas legislature in 1995 enacted 13.251(d) of the Public Utility Regulatory Act ("PURA") which prohibited municipalities or municipal electric systems from competing with investor-ow wd telephone communication utilities by prohibiting cities from obtaining certificates of convenience and necessity to provide telecommunication services; and I WHEREAS, the City of Dent; n and other cities around the State have fiber optic system capabilities which would promote economic development and reduce the cost of i telecommunication services to citizens and customr,, if such cities were allowed to compete with local exchange telephone carriers; and WHEREAS, deregulation of the telecommunication industry by State and Federal laws " hove net resulted in encouraging, in non urban areas, local exchange telephone carriers to install state of the art fiber optic systems to entice economic development and Improve the quality, selection and cost effective pricing of telecommunication services to the current h customers: NOW, THEREFORE, 1 THE COUNCH, OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: O 0 aLQT ON 1, That the City Council requests the Texas Municipal League support i legislation which would repeal 13.251(d) of the Public Regulatory Act so that cities will have the option to compc:e with local exchange telephone carriers who do not provide the level of 1 i I ~ 56 i wpb +i: i; 2 5 x 10 32X10 soda MR&MRIJILINI 0 , i ~ , telecommunications services desired by prospective and current industry and residential customers in non urban Texas. 5FLCTiQN-H. That the City Manager is awhorized to forward a copy of this resoIution to Mr. Frank 8turzl, Executive Director of the Texas Municipal League. SECTION 111. That aus resolution shall became effective Immediately upon its passage and approval PASSED 4ND p pPROVED this the day of 1998. 1 `Y A , i JACK MILLER, MAYOR ATTB 3T: JENN'TER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY i 1 g~ f BY: s 1 i y 1 (I, 1i r ` t r ~ ' 37 , 25 x 32X • o H 1 ~1] 1 7 1 RESOLUTION 7 58 0 • a p.:n 1. r.~... .,1.r.. ~ t':.. y't "M1'•~'J'•". 4w.ti'SYt;nk.k.MC7+..'#'.SU 4rr a.,n. w . w~. • j i~ I' 1998 TML RESOLUTION COVER SHEET Sponsoring Entity: City of Denton Br'ef Background: Tex. I ( cal Gov't Code 6551,074 ITexas Open Meetings Act) authorizes the Council and other governing bodies to deliberate the appointment of a public officer or employes in executive session. The Attorney General has interpreteci this provision to allow discussion of only members of discretionary boards in executive session, Le., i those boards which exerclse some sovereign function of municipal government. What the Resolution Ii Intended to Accomplish: t. Councils may not discuss the appointment of advisory boards in closed session. ti Governing bodies have been interested in discussion appointments of ell board members in executive session to preserve and protect the reputation of the person f being considered. q" Statewide Importance: Amending Tex. Local Gov't Code 6551.074 to allow a governing body to deliberate the appointment of any board and commission member in executive session, regardless of whether that board is deemed to be discretionary or advisory, will preserve end protect the reputation of persons being considered for appointment. Thus, increased participation in the local government process will occur. Submitted by: Name: Michael W. Jez j Title: City Manager Cifv: City of Denton Telephone: (940) 349.8307 . ! * PLEASE DO NOT WRITE ON THE BACK or THIS FORM 1 I ' i' ~k s r r 59 r. r4 ",.~r4 ❑ ~1. x 32X e o ' DRAFT RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON REQUESTING THE TEXAS MUNICIPAL LEAGUE. TO SEEK INTRODUCTION AND PASSAGE OF LEGISLATION AMENDING TEXAS LOCAL GOVERNMENT CODE 4551,074 (TEXAS OPEN MEETINGS ACT) TO ALLOW MEMBERS OF GOVERNMENTAL BODIES TO DELIBERATE BOARD AND COMMISSION APPOINTMENTS IN EXECUTIVE SESSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Tcxas Mvnicipal League holds an annual conference to discuss matters of importance to local governing bodies around the State; and WHEREAS the Annual Conference is scheduled for October 28-31, 1999 in San Antonio; and WHEREAS, TEX, GOVT CODE ¢551.074 allows governing bodies to deliberate the appointment of a public officer or employee in executive session; and VrHEREAS, opinions of the Attorney General have held that city councils are not authorized to deliberate appointments of advisory board, commission, and committee members because such persons are not officers >r employees of the governing body; and WHEREAS, the City Council believe that confidential deliberations comerning city boards and commissions should be allowed in executive session, regardless of whether the board or commission Is discretionary or advisory; aid WHEREAS, such action would require an amendment to Tex, Gov't Code +3551.074; and WIrEREAS, the City Council believes that such an amendment would be of benefit to local governing bodies around the State; PLOW, THERE.-ORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION I. That the City Council requests the Texas Municip,: League seek ; introduction and passage to amend Tex. Gov't Code }551.014 to allow governmental bodies to j 1 discuss aprolntments to boards, commissions, and committees. regardless of whether the board or commission is discretionary or advisory, in executive session. O i i 60 =MALM , • O SECTION II. That the City Manager is authorized to forward a copy of this resolution to Mr. Fr,nk Sturzl, Executive Director of the Texas Municipal League, SECTION Ill. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1998. JACK MILLER, MAYOR i ATTEST: JENNIFER WALTERS, CITY SECRETARY i BY: APPROVED AS TO LEGAL FORM: HERBERT L, PROUTY, CITY ATTORNEY i BY: r h, I i 1 , 'x 4 to , 61 4 25 x d 32 x 1 r'-- fr 0 0 ~y i i l RESOLUTION 8 N ; 11 32xla ara.rwr • 0 1898 TML USOLUTION COVER SHEET Sponsoring Entity: City of Denton Brief Background: The State of Texas Local Government Code 11395.001 provides enabling authority to cities to implement Impact fees. Currently, the services for which cities can c'r.rga impact fees are roads, water, sewer, storm sewer and flood control facilities. School olstricts, however, are not authorized to charge impact fees. Population growth that Impacts other services also impacts school districts In terms of the need for more schools, teachers and ae-essory services for Implementing a successful program for the growth and wellbeing of our children. The impact of grov th in the City on school finances Is real and at times severe In fast growing communities. States such as California, Maryland, New Hampshire, Vermont, Washington and West Virginia authorize school Impact fees. Also, communities in Florida exact impact fees, while Tennessee has been given specific authorization to selected communities for school Impact fees or facility taxes. Whet the Resolution Is Intended to Accomplish: I Authorization of impact fees for echool facilities will provide much needed revenue for I building and sustaining a world class school system that provides our children the tools they 1J1 must have to compete in the global economy in the new milfenlum. This resolution is intended to offer support to school associations seeking to amend 1395 to allow school impact fees, i Statewide Importance: High growth districts are located throughout Texas. Impact fees would greatly add to their M : ability to finance the construction of new schools. This legislation would enable communities to shift some of tho burden of financing these costs away from existing taxpayers to those new residents causing the demand for new schools. I, Submitted by: Name: Michael W. Jai Title: City Manager City: City of Denton 0 All Telephone (940) 349-8307 PLEASE DO NOT WRITE ON THE BACK OF THIS FORM 63 to I DRAFT RESOLUTION NO. _ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON REQUESTING T.IE TEXAS MUNICIPAL LEAGUE TO SUPPORT LEGISLATION TO EXPAND THE TEXAS LOCAL GOVERNMENT CODE §395,001 TO INCLUDE AUTHORITY FOR h IMPLEMENTATION OF IMPACT FEES FOR SCHOOL FACILITIES; AND PROVIDINO FOR AN EFFECTIVE DATE. WHEREAS, the Texas Municipal League holds an annual conference to discuss matters of importance to local governing bodies around the State; and WFEREAS, the Annual Conference Is scheduled for October 28-31, 1998 in San Antonio; and WHEREAS, TEX. LOC. GOVT CODE 1395.001 authodzes municipalities to charge impact fees for such services es roads, water, sewer, storm sewer and flood control facilities to assist in the rapid growth demand for services; and WHEREAS, states such as California, Maryland, Washington, Vermont, New Hampshire, and West Virginia authorize school impact fees; and WHEREAS, authorization of school impact fees in high growth communities across the state will provide needed revenue to build and sustain school systems that provide our children the education they will need to compete in global economy; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES, $1QTION l That the City Council requests the Texas Municipal League support legislation which would amend TEX. LOC. UOV'T CODE 1395.001 to expand the authority i for implei tentation of school impact fees in high growth communities, j 9,''CT_ ION il. That the City Manager is authorized to forward a copy of this resolution 1 to Mr. Frank Stun], Executive Director of the Texas Municipal League. SECTION 11I. That this resolution shall become effective Immediately upon Its passage • and approval, 64 ---gym . f I1 I iM r , I' ! 1 0 lamp" r PASSED AND APPROVED this the day of 1498. f T JACK MILLER, MAYOR ATTEST; JENNIFER WALTERS, CITY SECRETARY BY: Y r APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: i 'J I i I I 3 I I t 'np FS l o-.~f 10 312XIO > o ,Mao" Aperrda Nor ` ~ - 02 ~ 3 AW4 AGENDA INFORMATION SHEET 001 ts- AGENDA DATE: August 25, 1998 DEPARTMENT: Planning Department I Inspections Division / Code Enforcement Section DCNI. Rick Svehla, 349.7715 SUBJECT Recerve a report, hold a discussion, and give staff ditectiun roZarding Code Enforcement inspection and notification procedures. SUMMARY Pending Council comments, staff is prepared to (1) implement immediate Code Enforcement improvements, (1) evaluate the effectiveness of the changes that are implemented, and (3) explore longer-range improvements forCouncii review at a later date, BACKGROUND Chapter 54 of the Texas Local Government Code (LGC) authorizes the governing body of a municipality to enforce each rule, ordinance, or police regulation of the municipality necessary to protect health, life, and property and to preserve the government order, and security of the municipality and its inhabitants, Through ibis Oapter, local governmental units such as Consumer Health and Code Enforcement are established. This report summarizes changes in Code Enforcement activities to achieve two objectives; 1. To enforce city codes on a fairer and more consistent basis; and 2. To achieve compliance with city codes in the most effective and respectful manner possible, with the least possible cost to the city (taxpayers) and the violating party. Renewed criticisms of city code enforcement operations have been raised in Denton in the past weeks. Improvements can and will be made. Ensuring proper compliance with city codes is a "thankless task" assigned to city employees, but is essential to the protection of public hoalth and safely, and to the stability of long-term property values. A well -respected code enforcement office gets t:ie Job done consistently throughout the city, imposing violation penalties only as a last resort. Over the last year the City Council adopted ordinances to address issues such as off-premise signs and , landscaping. As is standard, each ordinance contains a subsection that identifies the remedies available to correct violations. The methods provided in Chapter 54 of the LGC, combined with the applicable i subsection, are used to address violations and effectuate compliance. Attachment 2 is a copy of the flowchart that has been in effect. This method, which has been historically employed In Denton, emphasises on approach commonly called "enforcement by complaint". This reactive method Creoles the feeling of being "singled out" because other violations in the vicinity may persist without corrective action. r 32X I Q 0 aAO.n O PROPOSED PROGRAM ORIENTATION ( In order to make the department more proactive, changes are proposed that would encourage education of the ordinance as well as compliance of violations. A new approach, which staff would propose to be called the PACE f! re Active Code Enforcement) Program, Is suggested, In order to succeed , with the PACE program, staff is proposing immediate changes in the enforcemerd process as shown on Attachment 3. In addition, longer-term changes could be pursued if approved for further research by Council. Current Notification / Contact Sequence The current enforcement process is shown below. This reflects the notification process used as well as the response time allowed between the code enforcement officer and the tenant/pro" owner. Enforcement Sequence Response Time AjjgAO 1. Violation Letter 10 business days from receipt 2. Citation/ Summons b to 10 months prior to court hearing or 3. Contractor Clean-up After violation letter time expires (10 business days) Under the current method of enforcement, a tenant/property owner makes contact with a code enforcement officer only after a violation has occurred. A violation letter (see Attachment 4) is mailed via regular postage to the property owner advising of the violation and the need to correct the violation within ten business days. If not corrxted within that time, a citation/summons will be issued or contractor services will be engaged, In most cases, if the property owner does not correct the violation, \ he/she is then summoned to court, of if the violation involves high grass and weeds or trash and debris, a contractor is hired to correct the violation and a lien is placed on the property. When a court hearing date is set, a waiting period of six to ten months Is typical before the dispute is resolved. During this time the violation usually continues unabated. pr pgjL_t Im i dlate Improvements Staff proposes several immediate changes that would reduce the cost of enforcement as well as improve community relations. These include, I nfvrcemcnt Sequence Response Time Allowed 1. Community Outreach Ongoing 2, Courtesy Notice 7 days from receipt 3. Revised Violation Letter 14 days from receipt • 4, Referral to Code If corrections not madi within 21 days Enforcement Manager 3. Compliance Post Card Up,n correction of violation, signifying clot-un I 6. Citation I Summons 6 -10 months for hearing or 7, Contractor Clean-up ARer Code Enforcement Manager contact • p • As proposed, s rode enforcement officer will make contact with property owners! tenants not only when a violation occurs, but also in non-adversarial situations to educate them on the city's codes and ( to provide other community related information. When a violation does occur, s "door hanger" or 2 0 AND" courtesy notice kU be hand delivered to the tenant/property owner (Attachment 3). The notice wilt allow for seven days for the violation to be corrected. Following seven days, the revised violation i letter (see Attachment 6) will be sent to the property owner via certified mail/return receipt (cost is j $2,77 each), along with a copy of the applicable section violated. The letter will allow the property owner fourteen days (2 weeks) to correct the violation. If the violation is voluntarily abated prior to , legal action, a post card will be mailed to the property owner acknowledging compliance and further { thanking them for their prompt attention. If, however, both notices have not successfully resolved the problem, the Code Enforcement Officer will refer the matter to the Code Enforcement Manager. If dwtct contact with the property owner fails to correct the violation, the next step would be to issue a citaiion/summons to appear in court or hire a contractor to abate the violation. Should a contractor be hired to correct a weedy lot or a trash and debris violation, pictures of violations will be taken and clear inst,vctions will be prepared prior to work commencing, In addition, all contractors will be required to obtain written pre-approval from the Code Enforcement Manager in order to avoid potential miscommunications. In order to work towards a Pro-Active Code Enforcemm t division that provides consistent enforcement, all three officers will be geographically assigned to a section of the city. In the past, the cit~ was divided into two geographic areas that were enforced by only two of the officers. On July 20 , the city was divided between three officers. In addition, each officer will ride/work with fire inspectors, building inspectors, and police officers in their district (upon referral) to assist in addressinL other violations. Joryer-Term Improvement Options In addition to the above immediate changes, staf(can explore other possible Code Enforcement Improvements. Council may want to evaluate the effectiveness of the immediate changes before longer-temi options are seriously considered. These include: 1. Include Code Enforcement as a component in the Comprehensive Plan Implementation Strategy. This would allow community input regarding an overall code enforcement program and priorities within the program. 2. Welcome packages. As each electric customer comes in to obtain serviN they receive a package of brochures from different departments. Included is a brochure that covers the most commonly violated ordinances (Le. Junk vehicles, trash and debris, tall weeds and grass, etc,). . I his would provide education and prevent the occurrence of some violations. These would be divided between residential and non-residential customers to ensure that the most common • applicable ordinances are included, ' 3. Rotation of duties. Require Code Enforcement Officers to rotate throughout the city Instead of maintaining responsibility for one district over a long period of time, 4, 3 he creation of a citizens' pan.l was mentioned during a recent Council meeting as a way to allow recipients of violation letters or citations to be heard by someone other than city staff • • w hen a dispute arises regarding interpretation of city codes. Staff Is not prepareG to endorse this concept, but is ready to conduct research regarding this option If direet:d to do so, l 7tixICI 32 x~[~ 0 Room" 0 5, Create a PACE Team that would include members of several departments (i.e. fire, building, code enforcement, police) that would work areas of town previously determined to require special attention. 6. Explore opportunities for other city personnel that spend time in the field to observe, record, and deliver courtesy notices for violations. For example, if Water/Wastewater crews are working in utility easements and observe a violation that hinders work within the easement, a courtesy notice should be issued without having to call Code Enforcement to make a separate site visit, 7. Create a performance measurement system to track the effectiveness of the improvements that are implemented. Staff is prepared to explore the longemerm options in further detail pending comments received from Council members. Staff wants to work with property owners to establish reasonable compliance methods with violators, but must also balance this objective with the expectations of neighboring property owners who may have to face an unabated code violation day in and day out. p r~1 ACTION I RVIEu None FISCAL. IMPACT None C ATTACHNIEN' I , Article • "The Broken Window Theory" 2. Existing Enforcement Flow Chart. 3. Proposed Enforcement Flow Chart 4. Existing letter of violation. 5. Sample door hanger, 6. Revised letter of violation. 7, Compliance Acknowledgement Post Card, Respectfully submitted eHill ~ f°~ Director of Planning and Development Prepared by, , --],rd 0 nna Bateman Code Enforcement Manager 5. 4 ry 4~'+ ' 2 5 x X 0 -xwtner 1 ' ATTACHMENT 1 l Code Enforcement and Community Attitudes about Neighborhood Deteriorations The `Broken Window Theory' Developing a sense of order which destroying property perceived to be adventitious, not the result of results from effective and timely neglected and abandoned. Because inexorable social forces or person- code enforcement can help to curb it was an easy target, abandoned al fading. A cash of burglaries may the physical deterioration of oar pr(perry, attracted criminal behav occur because drug users have cities. If we strive for on orderly ior, and the socioeconomic level of found a back alley or an aban- urban environment through such the neighborhood seemed to have doned building in which to hang measures at repairing dilapidated no appreciable Impact. our. In their spare time, and In buildings, removing trash and Describing the theory in the order to get money to buy drugs, junk from vacant lots, and replac• Atlantic Manibly in 1982, James they steal from their neighbors. 11 ing broken windows, we might Q, Wilson and George L. Kelling tkr back alleys ate eietned up and improve out opportunities as a wrote that "social psychologists the abandoned buildings torn community to manage the more and police officers tend to agree down, the drug users will go a way. complex social and economic that if a window in a building is They may even use fewer drugs, problems of homelrasnass, because they will have diffi• crime, and poverty. ":•:T''ie?1 eulry finding convenient dnl• How individuals respond en and soft burglary targets.' to property maintenance has I This relsdonsh;p between been cleverly demonstrated In + crime and neighborhood dete• an experiment by social scien• pr". rioration Is one of the leading tists to test the hypothesis of justifications for a eomprehen- the 'Broken Window The. s live code enforcement pro- la ory'. They left an inoperable I o~ •.r? ' ii r: gram. If left unabated, sban- car parked on a public street cloned buildings, substandard in a high crime neighborhood In broken and it left unrepaired, sli apartments, and even greffiti can New York City. During the next the rest of the windows will soon rapidly develop into public nui- few hours they observed a number be broken." Neglected property sincere threater ng the public's of people vandalize end steal parts allowed to remain in such a condo- health and safety. An aggressive from the earl end within forty. tion Is a signal to the community code enforcement program can * right hours Ire car was nothing that no one egret.. Wilson and help to reduce the likelihood that more than a shell. Kelling go on to suggest that dir. properties with minor violations 'they repeated the experiment in order and crime are inextricably will contribute to a neighborhood a more affluent neighborhood Its linlr A with the physical environ• becoming worm. Code enforce- Palo Alto, California, near Stanford ment at the community level. At ment can also help contain thepos- Univenity. Although more time they explained In a more recent sibiliry that more dflapidaredprop• elapsed, the social scientists ob• article In 1989- erties will spread throughout a ' served the same behavior people 'JAI lot of serious crime is neighborhood oreommuriry, 1W • 'Broken Windawi, by )a met Q. Wilson and George L. Kelling, AdanrfeMonthly, Much 1911. `Slaking Neiahbotlioodr Sift,' by James Q. Wilson and George L. Rellinl,ArlanNe MonrMy, Febr.ary 1919, 5 S i ' ~ X 32X10 -r + ATTACHMENT 2. FLOW CHART f OfPen Nabdon Ropuul for om.n.e UDe{od Aetlan ihbnel f Viol,tlon No t9<lotlon [Alts ldo Impactlon idndV r Poo PCADMrpY DCA0 Hat IOr9.u) Cdbindf Dtfice r Perit CoPrir A+1kH prinloul r' Adminlnneve Civil Nfitt Dawment Mo AMud Neeee r I.Stolus p... Rrpit'l Offrcr Clark File T¢kr Pr Aftld,dt of lydrl AErrd ►rab.brl c"14 Ateen Is 1,190101 i[Ddl Clerk R4 C OW. TD dWMDne Costien Cenlrecf F Affid,vtt of IMDnpen Of Cou'i probable Cwa Gantna,d Wart Dumknd Centrecta, er Fm.d Summand t.4cl cl one App IN IQ AdrtkNtlrt lvt Cudlemtr GaunrY Coon Clark 1,frl046 itrvre.t . + N to x of DNm„uE ,al Court I ! nllned pdcdlwr nveln i • , DnrN U,d Appeal b flebllt ~ j ~ ar Mdd Caun1Y Sw9l+nen l;'n Str OaY, I i J4 crnmpvlnr Oeunfy else, r ~ + Adtaumin[ Durk ~ • , • C,nlr,nr p d 7tr = % far 32 r. Q 1 q ATTACHMENT 3 Proposed Code Enforcement Flow Chart HeiyhEa7 CM COUne~t Crcv SUll ~Sb1alwWer Compbint Rsui~ed! Ydellon Wed Fint inepecbm No VoWtion Edeb f' Cwu GM Cailpy kotkif l.' ' cx~ &aa~,erx. Second IniDedat +'~~h {Re aA el Yid.uml .Odd f'. Vdety letler p~deye) J Thrtd Inepsdan Vldebxi Carteded + Cioce Gw Sie4 AAMMp v' ~ 1 (Repot SUNS of Yidelbn( :MIN of me** / . NdArop~l~,r?~ i CAeNm I Summons Cmtredn Hind YdunlMy - ' ~ Id eONe Ndel~dn ComDtbna I I Court Hemnp Lbn obCb Cdhl i d. ?roperry Adk ~ «M!I J~ Cpnplwnce 14 ( E>4etnp FlowMert Deu ww ro Fkwc~en., r t- z ?5 ~ra 32XIO I ~ r r 1 r 0 l r a . ..ten _ ATTACHMENT 4 E April 2, 19% Dear 2-. RE: TRASH AND DEBRIS AT 3- 4- , Tax NS'- Garbage, trash, and rubbish scattered on property is considered a nuisance to the community. Accumulations of trash and debris often serve as breeding ground for rodents, hrisects and reptiles. It may create a fire hazard for you and you- neighbors. Old lumber, junk, car or macldnery parts, scrap material, demolished or partly demur fished structures, piles of stones, bricks or broken rocks on a premises bordering any public street are all considered a nuisance and should be cleaned up In order to protect the health, safety, and welfare of the public. The City Council has adopted regulations to Insure that property in the city is clean (Code r>f Ordinances Section 20.3). An inspection of your property on 6- revealed an accumulation of debris (7^ delete :pace and pwentkeres V nteessery, F9-). We request that you please remove the debris from the property. The correction should be made within ten (10) working days of the date of this letter. If you have not removed the debris in ten working days from the date of this letter, we will remove the trash and send you a bill for the cost of the removal plus an cighty dollar ($80.00) admin" .-alive fee (Ordinance 90-188). If this bill Is not paid it may result In the plaxment of a privileged lien on the property. Please understand that this is s violation of the Municipal Code and that failure to take action can result In it complaint being filed against you in Municipal Court. Please lake the time to remove the trash or other debris and bring your property Ina compliance, Your : r x cooperation Is appreciated. If you feel that we have made an error, or if you are unable io abate the violation within 10 working days, please call Officer 8- at (817) 566-8332 between the office }roars of 8 a.m. and 9 a,m. or 1 p.m. and 2 p.m. • t je Code Enforcement Officer ID i wp •M:►oo tcs Rw, W IO'97 e s, 10 r41'„ ATTACHMENT5 Proposed Door Hanger i City of Denton Code Enforcement Division i Date: _ Maintaining property values and aesthetically pleasing neighborhoods in which to live takes a great deaf of effort on the part of all residents in Denton. in an effort to prevent neighborhood decline, your City Council has passed ordinances that deal wi% various City Code violations. Please help our community stay dean and safe by correcting the observes: violation noted below. ❑ Weeds and Grass; Weeds and grass over 12 Inches high Is a vtolal'on of the City Code. C] Garbage, Trash and Rubbish: Front and back yards must be kept dean and free of junk, trash and debris. Storage of hems should be screened from public view. ❑ Junk Vehicles: Motor vehicles that are Inoperative and have expired license plates or safety Inspection stickers are In vk.lalion of City Codes. Junk vehicles must be completely screened from pubrioVew, ❑ Other. Comments: i' If you would like to discuss an arrangement for { • compliance, or have any questions, please contact the Code Enforcement Office at (940) 349.8532. • • i Officer: 9. s• x10 32XIO o o I, , ATTACHMENT 6 Revised Violation Letter i I 221 N. Elm *Denton, TX 76201 ' Telephone (940) 348-8532 Code Enforcement Office [Date) [Name[ [Address] [City, ST Zip] Dear [Name]: Maintaining property values and nice neighborhoods in which to live takes a great deal of effort ern the part of all residents In Denton, In an effort to prevent neighborhood decline, your City Council has passed ordinances which deal with various City code violations. A visual Inspection of your property at (ADDRESS) on [INSPECTION DATE) revealad that the following City code violation (s) exist [UST VIOLATIONS[ GRASS AND WEEDS: A standard of 12 Inches for the height of grass, weeds and other vegetation except agricultural crops, trees, shrubs, flowers or other decorative or ornamental plans. If your property is two (2) or more acres, you must mow one hundred (100) feet from any public street or right-of-way and one hundred (100) feet from any adjacent property under different ownership on which a house or business Is located. GARBAGE, TRASH AND RUBBISH: Old lumber, junk, car or machinery parts, scrap material, demolished or partly demolished structures, piles of stones, bricks or broken rocks on a premises bordering any public street are all considered a nuisance and should be cleaned up In order to protect the health, safety, and welfare of the public. Since many residents are not aware that the above is a violation of City ordinances, a follow-up inspection will be conducted to ensure that compliance has bean made by [FOLLOW-UPDATE[. Failure to comply by the above date may result In a Municipal Court citation, or the City will correct the 0 violation. If the City corrects the violation, the cost for services plus an administrative fee of $80 will be billed to responsible parties. If you would like to discuss an arrangement for compliance, or have any questions, please contact the Code Enforcement office at (940) 349-8532. J • Sincerely, rD * I Code Enforcement Officer I 10. ;l, 25K~~ 32 x v; 1. G 1 . X TA.;HMEt,T 7 Complia K* Acknowlctement Post Card G City of Denton Code Enforcement Division 221 N. Elm Street Denton, TX 78201 • (940) 349-8532 Date: COMPLIANCE CONFIRMATION City of Denton Stakeholder: You were recently notif ied of a correction(s) that needed to be addressed on your r rY property. With you help, these corrections have been made and are now In compliance. ` Thank you far assisting us In our efforts to maintain the clean and safe community that you and your ne4kbors have come to expect. Your continued efforts will help provide a community that we can all v~oy. Officer: 1~ ~ h f0_ , • ' I 1 1, ^ A 4 o AGENDA INFORMATION SHEET PQV4No. 040 #400 Item 0 AGENDA DATE: August 25n, 1998 Osb -Z5 -R>3 DEPARTAIF.NT: Planning and Development Department CAVDCAIUACM: Wck Svehla SUBJECT Receive a report, mold a discussion, and give instructions to staff regarding possible revisions to the Landscape Ordinance. BACKGROUND The landscape ordinance, Chapter 3i of the City Code, was adopted by City Council on April 7a', 1998 and became effective on May 1°, 1998. Planning staff was asked to provide a performance evaluation once the ordinance had operated for a sufficient period of time. The landscape ordinance has generally performed as intended during the last four months, but some changes should be made. Staff has prepared information regarding several issues, and will prepare draft revisions as necessary aflet direction has been provided by Council. A major overhaul of the Landscape Ordinance is not proposed by staff. ISSUES FOR DISCUSSION General Approach The basic premise of the landscape ordinance is to require all property owners to participate equally in contributing to Denton's "urban forest." The "15 / 20 Rule," which requires 1S trees per gross acre of site area and a minimun, of 20% open space for plantings, is attainable and has not stymied development. Several landscape plans have been reviewed and approved by staff, but most have not yet been installed. An example of a project in compliance with the new landscape regulations is the new Jack-In-The-Box located on University Drive. Some problems have been encountcied with projects for which site acquisition and design had begwr previous to ordinance adoption, but staff has wo,ked with the developers of these projects to avoid major problems. Indlvldual Issas The major issues of the current version of the ordinance are listed below, identifying the requirements • as drafted and discussing possible revision options. No changes are proposed that would make the ordinance more restrictive; instead, staff believes that "developer-friendly" revisions are needed to improve the fairness of the regulations without sacrificing the spirit and intent of the ordinance. ~SSSJ_F. 1• MONARCH TREES NOMINATION & DESIGNATION • CURRENT REGULATIONS Monarch Trees are defined as having "unique community 0 • value', and are specifically prohibited from removal upon designation. If a tree on the selected species list is 50116 or greater in diameter (75% or greater for unlisted species) than the largest recorded tree in Texas (according to the state's Big Tree Registry), it is eligible for nomination. A property owner may voluntarily confirm a Monarch Tree designation in writing. An appeal or a nomination must be decided by the Planning and Zoning Commission. t 32xio 6 0 ORDINANCE PERFORMANCE: Significant problems have been encountered. When the issue of Monarch Trees was first discussed by City Council members, staff proposed a flexible concept that would nominate only the unusually large, unique, or historic trees in Denton. The staff intent was to impact only a very small minority of Denton's tree population. Council members felt that the process was too discretionary, and asked staff to work with the KDB Tree Board to develop a measurable nomination standard. The Big Tree Registry was discussed, and was soon added as the standard for measurement Instead of discretion on the part of the Planning and Development Director, a 50 % or 75% size threshold became the determinant for nomination. The size thresholds are the greatest problem encountered thus far. In instances where r.;ature trees exist on a proposed development site, there is a high probability that a Monarch Tree nomination will be required. Evaluation criteria for Monarch Tree designations have not been provided to the Planning and Zoning Commission, and this has caused difficulties in deciding if trees should be designated or an appeal granted Comments have also been received favoring a public hearing requirement in association with P&Z Monarch Tree deliberations. The major issue involved with respect to Monarch Trees is: "To what extent should a private developer be expected to alter a site design to protect Monarch Trees to the benefit of the public?" Even if the size standard is revised, questions regarding the exercise of city authority must be answered. In listening to previous Council discussion regarding this issue, staff had thought that the original intent was to ask (not reouire) the private developer to investigate the possibility of saving unusually large trees instead of clearing a site without any regard for existing vegetation. OPTION # I: The Monarch Tree nomination process should be changed to allow the Planning Director the discretion to nominate trees if they are 75% • 801/1e of the Big Tree Registry standard. OPTION p2: The Big Tree Registry should no longer be used at all. If a tree has specific community value, interested citizens .an petition the Planning Director to nominate the tree as a Monarch Tree. OPTION p3: The Planning & Zoning Commission should be given specific criteria to evaluate Monarch tree nominations. Such criteria could include financial / economic hardship, reasonable efforts made to explore alternative site plans, and relative visual and environmental impact of the tree if designated. A public hearing could be required before deliberations. I • I , 1 ISSUE q2; EXPANSIONS di. RECONSTRUCTION ("GRAND-FATHERING" CURRENT REGULATIONS. Any expansion or reconstruction that exceed 250,10 of an existing structure's gross floor area or 2590 of a parking lot's paved surfaces requires total landscape compliance for the entire site. • ORDINANCE. PERFRANCE; This provision has not yet been triggered by a development proposal. This same requirement has been criticized as part of the proposed interim Corridors • Ordinance, and is currently being revised. The landscape ordinance should undergo similar of review, OPTION N 1: Set total site compliance to a different percentage of gross floor area expansion, such as 350,0, 50%, 751/10 or some other measurable standard; or 2 II 1 W 1 32 X e - o , OPTION #apply requirements only to the newly expanded portion of existing development, in effect "grand-fathering" all structures and parking lots in existence prior to may V, 1996; or OPTION #3: apply requirements only to new development, 100% reconshuction, changes of use, or occupancy of an existing structure whose use has been discontinucd for at least one year. ISSUE #3: CLEARING & GRADING PERMIT REVIEW PROCESS l CURRENT REGULATIONS: A Clearing and Grading permit is required as a part of the landscape plan. A plan showing the limits of clearing and grading is required before such activities may be commenced. Areas outside the limits of clearing and grading must be left in an undisturbed state. The applicant must demonstrate that "reasonable construction practices" will be employed before the permit can be issued. ORDINANCE PERFORMANCE. The review criteria is subject to interpretation, rod necessarily so because many different factors must be considered when grading plans are generated. The more complicated tasks fall to the Engineering Department during Development Review Committee (DRC) evaluation for subdivisions. Individual plot plans are reviewed by Inspections staff, and if necessary, the Engineering Department. Wholesale clearing and grading of land has been avoided after plan review has been completed, so some success has been realized. OPTIONS: No revision options are offered at this point Staff uses economic (cost) criteria to determine if proposed construction practices are "reasonable', and until other issues such as floodpWn preservation are addressed, some tracts of land may undergo significant or even total silt disturbance and grading. Staff wanted to inform Council of the current status of the clearing and grading requirements and som. of the limitations involved when trying to minimize unnecessary site disturbance. I$UE N: TREE PRESERVATIQN_BEQ CURRENT REGULATIONS: When existing trees are preserved as credit toward meeting the 15 trees per acre requirement, credits are not allowed for stems under 6 inched in diameter. The current schedule for credits is shown below. -SLTREE CREDITS !REPLACEMENT TABLE ; EXIST ` D N of Existing Tree Tree Credits / Replacement 6 to 12 inches 1.0 12+ to 24 inches 1.5 24+ to 36 inches 2.0 36+ inches 2.5 • Replacement is required For public projects only. f0 ORDINANCE PERFORMANCE: Staff has not encountered problems that couldn't be resolved, but new 3-inch trees should not be required because credit is not available for saving O • existing 3-inch trees. The tree credit approach has been used advantageously by developers for several project landscape plans, and d" provide realistic incentives for tree preservation. OPTION: The following revised credit schedule should be used: i ] VWfam , PROPOSED TREE CREDITS TABLE DBH of Existing Tree Pr-posed Tree Credits 3 to 9 inches 1.0 9+ to 15 inches 1.5 IS + to 21 inches 2.0 21+ to 27 inches 2.5 j 27+ inches 3.0 The exist;.ig (currently approved) tree credits table should be used to determine replacement requirements for public projects, and should be moved to the proper section of the ordinance. ISSUE 05: ALTERNATIVE LANDSCAPE PLANS CURREr; r REGULATIONS: Alternative landscape plans or methods of compliance are not mentioned in the ordinance. ORDINANCE PERFORMANCE The 15120 Rule is functioning well initially, but some inquiries have been made, asking if some portion of required trees (15 per acre) can be planted off-site or if pervious paving materials can qualify for partial credit toward the open space requirement (201/6 of site area). Some flexibility might be helpful to avoid variance petitions, but limitations as to the extent of alternative compliance should be established. Credits for pervious paving materials will reduce open space and generally increase pat king areas in proportion to total site area OPTION # L Define exact standards that indicate acceptable methods of alternative landscaping, including maximum levels of credits or thresholds that cannot be exceeded when using such methods. OPTION #2: Rather than requiring approval of a variance petition, allow a developer or property owner to submit an alternative landscape plan to City Council for approval, requiring an explanation of the need for the alternative plan and the advantages offered in lieu of the relief requested. This option would resemble the "Site Plan Option" currently being explored ' as a possible approach for the draft Corridors ordinance, i ISSUE #6: EXEMPTIONS CURRENT REGULATIONS: The Denton Municipal Airport, the Fry Street Area, and portions of the Central Business District (CBD) are exempted from the ordinance requirements. i • ORDINANCE PERFORMANCE: The exemptions have created no problems, but the unique nature of landfill activities could pose a futurt problem. OPTIONS: The municipal landfill should be exempted from the ordinance, 1 • ESTIMATED SCHEDULE OF PROJECT The schedule for revisions to the Landscape Ordinance requires, at a minimum, a P&L public hearing 0 and a City Council public hearing, both of which are normally preceded by work session discussions. Public meetings, including the Chamber of Commerce and KDB Tree Board may be considered I appropriate as well, Once Council decides that the ordinance should be revised, the minimum time anticipated to implement amendments would include: i 1 I I i rr 7~; R Ica 32do i Public Meetings: August 26th - September 22"d P&Z Work Session: September 23n° I P&Z Public Hearing & Recommendation: October 14 City Council Work Session: October 27th City Council Public Hearing: November 3rd City Cok,wil Work Session: November IOh City Council Public Hearing & Adoption: November 17`h Earliest Probable Effective Date: December 3'd, 1998 Additional public meetings should also be anticipated in order to discuss a&itional issues being discussed by P&Z or City Council between public hearings or work sessions. PRIOR ACTIONIREVIEW An extensive review and revision process was conducted before the current landscape regulations were adopted. A chronology of meetings that led to ordinance development is provided below: Effective Date: May 1'1948 , Ordinance Adopted: April 71. 1998 City Council Public Hearing: April 7" 1998 Chamber of Commerce Meeting: April 2rd 1948 City Council Work Session: March 24°i, 1998 City Council Public Hearing: March 3'd. 1998 Chamber of Commerce Meeting: February 27th, 1998 Keep Denton Beautiful Tree Board Meeting: February 250, 1998 City Council Work Session: February 240' 1998 City Council Public Hearing: February 17th' 1998 City Council Work Session: February 1 o', 1998 Planning & Zoning Public Hearing: January 28t', 1998 (recommended approval, 5.2) Keep Denton Beautiful Tree Board Mtg.: January 21', 1998 Planning & Zoning Commission Work Session: January 140', 1998 Public Meeting: December I Id', 1997 4 . E15CAL INFQMITION d y 1 Not applicable. . ATTACHMENTS r; Memorandum form DRC Chairman i Current Landscape Ordinanc% i j Respectfully submitted: O • 1 David Hill Director of Planning and Development s i 25x10 32xId 0 - ti i City of Denton Planning and Development Department City Hall West 221 N. F.Im Street Denton, TX 16201 MEMO (940) 349-8350 DATE: August 12, 1998 TO: Dave Hill, Planning & Development Director FROM: Mark Donaldson, Chairman, Development Review Committee SUBJECT: Landscape Ordinance, DRC-related Issues You asked me to summarize some of the issues we see during development review that are related to the newly passed landscape ordinance. Three major issues come to mind: 1. Monarch Trees. A significant percentage of all development projects that have come through the DRC for review have had monarch-eligible trees on them. Virtually all tracts of land that have trees on them have at least some monarch-eligible trees on them. It appears that the standard for characterizing monarch trees may be too low and is not meeting the intent of the ordinance, which wa3 originally to identify truly significant trees. In several cases concerning previously approved preliminary plats or detailed site plans, we are coming very close to eliminating entire lots for development potential because a monarch-eligible tree is located close to the renter of the lot. The reason for this observation is the fact that the area within the drip-line of a p,)tential Monarch Tree can be quite large, and this area must remain undisturbed by development 2. Tree Credits, i'he new ordinance requires new development to plant rew trees that are at least 3" in diameter DBH, yet we allow no credit for preserving trees that are from 3" to 6" in I diameter DBH. This meets a lot of resistance and confusion from the developers. It appears that simply giving credit for 3" to 6" trees that are preserved would salve this problem. -14 3. Cut and F01. Many previous development projects war IJaud or purchased with the understanding that areas within the floodplain could be claimed as developable area and that a tract's cuts and fills could be balanced internally within the project. This is an economic A nonsideration that allows a developer to avoid hauling fill on to the site or disposing of excess soil off site, Letters of Map Revision (LOMR) are commonly allowed to accommodate reclaimed development area in the Iloodplain. There seems to be a wide range of interpretation regarding "reasonable" methods to "minimise" disturbance to the natural conditions. More guidance is required, or a clear policy regarding development within the floodplain needs to be codified, or the issue will remain unclear and open to very subjective decision-making. For the time being, the F ngincering D%pariment functions as the interpreter of construction practices Q considered to be "reasonable". It may be necessary to resolve broader floodpf ain issues before Mkt, specific guidelines can be assembled for clearing and grading permits. 6 ` ..r ' I 3 2 x l1 e i i o Maramr. I , I I Ordinance 98-100 i ORDINANCE NO. 9R-100 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 31 "LANDSCAPING, SCREENING AND TREE PRESERVATION" CODE OF ORDINANCES OF THE CITY OF DENTON BY REPEALING CHAPTER 31 AND ADOPTING A NEW CHAPTER 31 "LANDSCAPE" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON PROVIDING FOR MANDATORY TREE REQUIREMENT PER ACRE OF DEVELOPMENT; PROVIDING A MANDATORY MINIMUM PLANTNG AREA FOR ALL DEVELOPMENT; PROVIDING FOR LIMITS OF CLEARING AND GRADING FOR DEVELOPMENTS; ESTABLISHING TREE CREDITS FOR THE PRESERVATION OF TREES ESTABLISHING REQUIREMENTS FOR SCREENING AND LANDSCAPING REGARDING PARKING LOTS, OUTDOOR STORAGE AREAS AND BUFFERYARDS; PROVIDING FOR THE ADMINISTRATION OF TREE INVENTORY PLANS, LANDSCAPE PLANS AND PLOT PLANS AND FOR ENFORCEMENT OF THE ORDINANCE; PROVIDING FOR THE ADOPTION OF FEES TO ADMINISTER AND ENFORCE THE ORDINANCE; PROVIDING A CIVIL PENALTY IN THE MAXIMUM AMOUNT OF $1,000.00 FOR VIOLATIONS THEREOF; ESTABLISHING A SELECTED SPECIES LIST; PROVIDING A PENALTY IN THE MAXIMUM AMOUNT OF $500,00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council for the City of Denton, Texas has determined that the continued growth of the City of Denton is straining the ecological and esthetic environments of the City of Denton; and, WHEREAS, the City Council for the City of Denton, Texas finds that growth, clear cutting, mass grading, and the increase of Impervious surface land coverage co,• hues to diminish the forests, trees and I I natural conditions of the City of Denton; and, WHEREAS, the City Council ands that N Is In the public interest to Insure that new deve,opments in the City of Denton will help preservation, protection and enhancement of the ecological and esthe'rc environments of the City; and, WHEREAS, the City Council finds that the current landscaping, screening and tree preservation ordinance codified in chapter 31 of the Code of Ordinances, City of Denton does not presently meet the needs and demands of the City and that Mapler 31 of the Code of Ordinances should therefore be repeated; and, WHEREAS, the City Council recor}nizes that the establishment of new fulas and regulations for mandatory tree requirements, mandatary planting areas In devetopmerts, limits of grading, landscaping, and tree preservation is necessary and In the Interest of the public welfare, and that an effective method to provide for the same is the adoption o' a new landscape ordinance rules end regulations and state law; and, 1 i WHEREAS, the City Council has conducted a public hearing on the propose;l regulations contained horeln; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON. TEXAS HERE6YORDAINS: ECTION I. That the 'Landscaping, Screening and Tree Preservation " Chapter 31 of the Code of the City of Denton, Texas, be and the same is he eby amended by the repeal of Chapter 31 of the Code of the City of Denton. Texas; and, Landscape Code Page - - -,,,,y , 32x10 t3 0 Ordinance W1 00 UCTICIN II. That of the Code of the City of Denton, Texas, be and the some is hereby amended by the adoption of a new Chapter 31 of the Code of the City of Denton, Texas, entitled "Landscape", so that hereafter said chapter shall be and lead, as follows: ARTICLE 1. IN GENERAL Sec. 31.1 Short Title. This chapter shall be known and may be cited as the Denton Landscape Code. Sec. 31= Statement of Purpose. The Intent of this article is to promote the immediate and long-term pubti• health, safety, economic stability end general welfare by establishing and managing the City's urban tree canopy coverage. This article is intended to promote the follow ng general purposes: (1) Preservation, protection, and enhancemenlof the ecolog;cal and aesthetic alp ibutes of the City. (2) t^ological stabilization through urban forest management that contributes to tie processes of air pwdication, oxygen regeneration, ground water recharge, storm water runoff retardation; and promotes energy efficiency and water conservation, thereby abating noise, heat and glare. (3) Protection, preservation and advancement of the urban forest's appearance, uiaracter end value that includes all properties within thu community, end that contributes to a strong sense of neighborhood, community, and quality of life. (4) Protection and preservation of native and specimen vegetative species, their ecosystems and natural F ebitals and preventi,,` damage ,o and unnecesc6ry removal of vegetation during the land development and construction processes. (5) Acknowledgement that trees and landscaping add value to property, protect public and private investment to the general benefit of the City and its residents. (6) More specitn,ally, this article Is Intended lo: a Protect water resources, flood plains, environmental quality, and the natural and man- made Physical snd visual qualif/ of the City. ® b, Mitigate the effects of Impervious surface land coverage by dructuies and paving that tend to Increase ambient air temperature and generate grealor water runoT causing erosion, flooding, and water pollution, c Prevent clear-rulting and mass grading or land by encouraging tht use of n, ur,r tertarn for buflding sites, and by providing clus!er development incentives d. Promote native plant species preservation and replenishment, and encourage the use of dr„ugh; tolerant and law water usage vegetation, c. Provide lncenVves for tree presevation, f. Protect and provide wildlife habitats. C g Require landscaping and screening to promote land use compatiblldy and improved aesthetic quality, h, Promote soil conservation by minimizing natural ierraln disturbances, thereby reducing sedimentution, Ana air and surface water pollution, Landscape Code Page 2 ` I - - 0 ~auaa 0 I~ Ordinance 93.100 Sec. 31-3 Defiolt(oos. Clearing: An intentional act to cut down, remove all or a substantial part of, or damage a tree or other vegetation that will cause the tree or other vegetation to decline and/or die. Clearing Is defined to Include, but not be limited to, chemical, physical, compaction, or grading damage. Clear-cutting Is a clearing activity conducted over an entire lot. Critleal Root Zone: A circular region measured outward from a tree trunk representing the essential area of the roots that must be maintained v protected for the tree's survival. A tree's critical root zone Is measured as one fool of radial distance outward from the trunk for every Inch of tree DBH, and may be no less than a radius of eight (3) feet. DBH: Diameter•at-breast•helght (DBH) Is the tree trunk diameter measured in Inches at a height of 4.5 feet above ground level. If a area splits Into multiple trunks below the 4Y, feet level, DBH will be defined as the sum of each individual trunk measured at 4Y. feet above ground level, or the single trunk at Its most narrow dimension, whichever Is greater. Director The City of Denion Director of Planning and Development, or the Director's designee. Vrlpline: The area beneath Cie canopy of a tree defined by a vertical line extending from the outermost edges of the tree branches to the ground. Eroslon: The detachment and movement of soil or rock f,agmenis, ~ the wearing away of the land surface by water, wind, ice, cr gravity. Grading: The mechanical or physical act of disturbing, moving, removing, transferring, or redistributing soil or earthen surface' Gross Lot Area: An area under public or private property ownership, whose lot lin58 are described by plat or deed, Ground Cover: Low growing plants, vines, or grasses that form dense, extensive growth, and have a positive effect against soil erosion and soil moisture loss. Impervious Surface: A surface that has been compacted or covered with a layer of material so that it Is highly resistant to infttrsUon by water. Industrial Property: Properties developed with land uses described In the 1987 11TH (DAR LKDUSTRIAL CLASSIFICATION MANUAL, published by the Executfvs Office of the President, Office of Management and Budget, within the following categories: Manufacturing (DNislon D) or Terminal and Joint Terminal Matnternence Facilities for Motor Freight Transportation (Division E, Major Group 42, Industry Group No. 423). ® Limits of Clearing dad Grading: The boundar!9s of that area of and identified in a landscape plan to be subject to soil disturbance or cleared of trees and other vegetation in conjunction with a proposed development or;and use, Live Plant Materials: "Clue" plant material, Including grasses, annuals, perennials, bulbs, groundcover, shrubs, and trees are botanical plants that are nourished through the processes of air, water, and soil nutrients. Plant materials such as, plastic, forous, sllk or Other non-live • materials are not considered "five" plan! materials. Q 0 t•. , Monarch Tree: A tree that has been determined to be of unique community value because of its size, speclo, age, form, histwical significance, or other unique characteristics. t Monarch Tree is 1 specifically protected from removal upon deslgnellon. l i I La.niecape Code Page 3 I ~..1 32 x I s 0 =osvarn Ordinance 96100 Outdoor Storage Area. Any area that contains trash collection areas or dumpsler refuse containers; outdoor loading and unloading tpaces; docks or outdoor shipping end receiving areas; outdoor storage of bulk materials and for parts; or arbzj regularly used for outdoor repair, outdoor storage areas of service stations, motor vehicle dealers, oo Inspection stations. Temporary construction and related activities are excluded from this definition. Permanent Tres Protection Devices: Stnnaural measures, such as retaining walls or aeration devices, that are designed to protect the tree and Its root systems throughout Its lifetime. Planting Area: An outdoor area, the surface of which may not be covered by impervious surface materials such es asphalt or concrete, nor by structures, and devoted entirely to the planting or construction and maintenance of trees, shrubs, gfoundcovers, fences, walls, andfor earthen berms, Temporary Tree Pmfectyon Devices: Physical barriers, at least four (4) feet In height, installed prior to conslruriion for the purpose of preventing damage to trees. Such devices lrtclude snow fencing, chain link fence, barbed wire fence, vinyl construction fencing or other similar temporary barrier, may be no less than four feet in height, and non-Intrusive to the tree critical root zone. Tree Topping: The severe cutting back of limbs to stubs lar.dr than three Inches in diameter within the tree's crown to such a degree that removal of the top cenony disfigures and Invites probable disease to the tree. Vegetation: All plant life; however, for purposes of tt is chapter shall be restricted to mean trees, shrubs, ground cover, and vines with the exception of state and federally protected or endangered vegetative species which In all cases shall be preserved Vehicular Surface Area: Any outdoor off•str3el area used to store or drive motor vehicles that does not contain defined off sires' parking spaces. Paved areas used for drive-trough windows, parking lot access lanes, or gas sta04 oump lanes we considered to be vehicular surface areas. Sec. 31.4 APP' ibllifY, i (1) All property located within the aiy limits of tits City cf Denton Is subject to the provisions of this { article Clearing and grading permits shall be required for all property prior to the commencement of ciodring and grading activity. Complete and accepted tree Inventory plans shall be required prior to preliminary plat approval. Apprevwt landscape plans, which may also demcnstate satisfactory clearing and grading requirements shall be required prior to final plat approval. Approved plot plans shall be required prW to Issuance of building permits, and r i inspected for compliance prior to final Inspection andlor Issuance of the certificate of occupancy. (2) The rrqulrements of Ihls chapter will cease to be In effect upon the satisfactory completion of the final inspection for single-family and duplex resdential dwellings, ror any other land uses, previously platted lots shall be subject to the provisions of this chapter when one of the following occurs: t a. Remodeling or redevelopment Is proposed that would expend existing gross floor area of the Int's structure or structures by twenty-five (25) percent or more; or l O , • b. Parking lot(s) or vehicular surface area(s) improvements are proposed, which would result In an impervious surface expansion of twenty-five (25) percent or greater, or would result I.i Impervious surface reconstruction amounting to twenty-five (25) percent or greater, Landscape Code Page 4 32xIQ 1 O Ordinance ee-100 Sec. 31-5 Exclusions, (1) Property being actively used for agricultural, ranching, or livestock production and serves as the source of primary Income for the ownerllessee Is exempt from the provisions of this article. A clearing and grading permit must be suhmilted, without charge to the applicant, to serve as declaration of exemption frum this article. Property Identified In the permit is excluded from any other land uses, other than those define) In this section, for a period of no less than 5 years from the date of Issuance of the clearing and grading permit. (2) The Denton Municipal Afroort (Appendix C) and the Fry Street Development Corporation Boundary (Appendix B) are exempt from the provisions of this ordnance, The Amended Central Business Overlay District (Appendix A) shall be exempt from the now planting provisions of this ordinance, i (3) Single-family homeowners may claim an exemption from the provisions of this article If they verify their status as the owner or contract vendee of the property before the final Inspection is completed, and verify in writing that they will be the occupants of the home. ' I ARTICLE 11. TREE AND LAND PROVISIONS Sec. 31-6 General Provisions, (1) 1'ree Requirements a, 1ree1: All property shall provide trees at a ratio of fifteen (15) tress per acre (43,580 square feel), or one (1) tree per 2,904 square feel of gross lot area. Industrial property shall provide trees at a ratio of fifteen (15) Ire9s per acre (43,560 square feel), or one (1) tree per 2,904 square feet of net lot area, calculated at 60 percent of the gross lot area or by exclusion of the main er closed structure ground flow area from the gross lot area, whichever is less. b. $n: All trees planted to satisfy the tree slandardl must be a minimum of three (3) Inches In diameter at breast height (DBH), c. S$Otit: All trees planted to meet the requirements of this section must be listed on the Selected Species List. No trees with a maximum marure height of twonty-five (25) feet or greater may be planted within twenty-five (25) feet, measured horizontally, from the nearest overhead utility line. d. Species Divers! : The following Species Oh-srslty Requirements shalt apply to all L) Landscape Plans, but shall not be used to limit eligibility Tor tree credits: Number of Required Maximum Percentage _Zia Trees gL&v One Species 10.19 5096 rti . 20-39 35% . 40-059 2 6 5% Q e. ?lee Selection: At least 50 percent tf the total tree requirement for the property shr, I be large and Medlum Trees as specified In Sec. 31.15, Selected Species List. Ilia remaining trees may be any size tree as specified in Sec. 31.15, Selected SpoOes List. h Landscape Coda Pagers C~ 32X 01 0 0 Ordtnsnce 96.100 - (2) Land Requirements a. Plantina Area: At property shall reserve as planting area a minimum of twenty (20) percent of gross lot area. b. Limits of Clearing and Gradina: The limits of clearing and grading shall be designated on the approved landscape plan prior to commencement of any construction activity. The i limits of clearing and grading shall designate the outermost edge of the area within which j the existing topography is to be altered by cutting, filling, and valelation removal. In evaluating the Limits of Clearing and Grading, the Development Re%law Committee shall determine that reasonable construction design principles, practk es, and Installation techniques have been employed to minimize areas r.5lectpd to d'+s'urbar", The extent of land disturbance shall be minimized, and shalt acacmmu9a a only the following activities: (1) Street construction and necessary slope construction, However, such clearing shall meet the criteria of the City. (2) Public service or tility easements and rights-of-way. This shall Include areas for utility line installation with any temporary construction easements necessary for such installation and easements for maintenance access. These easements shall not be cleared prior to actual tine Installation. Temporary construction easements shall be located to minimize soil disturbance and tree removal. (3) Building roof coverage area and ancillary structures, such as covered patios and porches, plus up to 10 feet on all sides for construction activity. (4) Driveways, alleys, walkways, parking lots, and other land area necP.nary to the Installation of the proposed development or use. Other necessary and area may Include area for tennis cou,.s, swimming pools, and related structures and uses (5) Area for septic held as required by the Utility Department. This shall not Include area necessary for reserve lines until such time as the reserve liners must be Installed. (6) Sediment basins. Only the area necessary for the construction of the dam, the area In which sediment will collect, and the area necessary for construction and maintenance of the basin shall be cleared of vegetation, Configuration of the basin shall use natural terrain as much as possible to minimize vegetation removal. Any vegetation that dies as a result of the deposit of sediment and/or debris shalt be removed by the property owner. (7) Detention ponds. Only the area necessary for the construction of the dam and the area necessary for construction and maintenance of the pond shall be cleared of A vegetation. Configuration of the pond shall use natural terrain as much as possible to minimize vegetation removal. Any vegetation that dies as a result of the deposition of sediment and/or debris shall be removed by the property owner. (6) Other types of construction, or Irnd activity associated with construction, not listed In items 1 through 7 (above), that are necessary for the reasonable completion of the protect. , ~ (3) Street Trees (ro»ry6d rsctlon) Pending Comprehensive Plan compie8on, this sedan serves as notifleatidn that the City of Denton Intends to Implement street Use requlraments In the near fufura. Landscape Code Page 6 c i Ordtneeu 06100 (4) Tree Credits t a. Preservation of existing trees may be used to recelve credit toward meeting the Tree Standard of 15 trees per acre, If the trees are healthy and without substantial damage or defect. Tree credits shall be earned In the following Increments! (2@H of Existing Tree Tree Credits 6 to 12 Inches 1,0 12+ to 24 Inches 1.5 24+ to 36 Inchen 2.0 36+ Inches 2.5 b. Tree credits may not be earned for preservation of existing trees located on land required to be dedicated for public right-of-way or easement purposes, unless the property owner can demonstrate the ability to protect the credited trees by way of restrictive covenant or other legal Instrument considered satisfactory by the City Attorney, c. Tree Credit Protection Measures: Tree credits wilt not be permitted unless temporary tree protection devices are Installed at least to the limit of the critical root zone or the dripline, whichever is greater, during construction activity. The following activities shall be prohl'Jted within the limits of the critical root zone or dripline of any tree being preserved fnr credit: (1) Physical Damage: Any physical damage to a tree preserved for credit that Is considered to place the survival of the tree in doubt shall be eliminated as a credited tree. Tree lopping Is prohibited for trees preserved for credit. (2) Equipment Cleaning and Liquid Disposal: No equipment shell be cleaned or other liquids deposited or allowed to now overland within the limits of the critical root zone of a protected or monarch tree. This includes paint, oil, solvents, asphalt, concrete, mortar, tar of similar materials. (3) Grade Changes: No grade changes (cut or fill) shall be allowed within the limits of the crit cal root zone of any protected tree unless adequate construction methods are approved by the Director of Planning and Development. (4) impervious Paving: No paving with asphalt, concrete or ciher Impervious materials in a manner which may reasonably be expected to k1 a tree shall be placed within the limits of the critical root zone of a protected tree, unless otherwise specified within this article. T ' (5) Material Storage: No materials Intended for use In construction or waste materials • accumulated due to excavation of demolition shall be placed within the limits of the critical root zone of any protected tree. (6) Tree Attachmints: No signs, wires, of other attachments, other than those of a protective na'ure shall be attached lo any protected or monarch tree, (7) Vehicular Taaffc: No vehicular andler construction equipment traffic, parking, or storage shall take place within the limits of the critical root zone of any protected tree other Ihen on existing street pavement. This restriction does not apply to single 1D Incident access within the critical root zone for purposes of clearing underbrush, establi.hing the building pad and associated lot grading, vehicular access necessary for routine utility maintenance or emergency resloratioc of utility service or routine mowing operations. Lendscaps Cods Page, 7 A rsneotmr o Ordkance 96100 (5) Monarch Trees Monarch Tree nominations will be prepared by the Director, due-ng Landscape Plar, review or after the evaluation of nomination proposals submitted to the Director. Those specie with e minimum diameter identified In the Selected Species List (Section 31-15) will be eligible for Monarch Tree nomination, Any other t%, specie with a minimum diameter of at least 75% of Vie listing In the most current publication of the Texas Forest Service Big Tree Racist are also eligible for Monarch Tree nomination. The owner of The property where the nominated tree is located may confirm the designation In writing. If in disagreement, the property owner may appeal the nomination to the City Planning and Zoning Commission, where review and final decision will be made. Upon designation, removal of a Monarch Tree shall be prohibited unless permitted by the Director for reasons of disease of damage. (6) Residential Subdivisions a, Residential subdivisions may demonstrate compliance with the 15 trees per acre Tre i Standard by calculating the average number of trees pur acre for the area contained within the entire subdivision. b. If a residential subdivision achieves an average of 30 or more trees per acre by reserving open space to be dedicated to the City, including land required by the City's park dedication ordinance, or to be maintained by a homeowners' association, minimum lot size may be reduced by ten (10) percent In order to realize the maximum density allowed within the zoning district. (7) Public Property a, All lands owned as individual lots by governmentcl entities are subject to the provisions of this article to the extent allowed by law. The City of Denton appreciates the f orticipation of federal, state, county, and other jurisdictions In the management of the City's tree cover. b. Construction Projects located within Public Rights-of-Way and Easements: The area defined oy project limit lines will be used to determine tree standard compliance. Trees removed must ue replaced on the same basis used to calculate tree credits. If replacement trees cannot be plcnted within the project area, they must be planted within areas designated by the Director and consistent with city open space plans. (0) Functional Requirements a, yiew _Qk rUC1=0 All landscaping, trees and screening devices required by this article shall be constructed, Installed and mainta'ned so as not to obstruct the view of motorists ' between the stroet anJ the access drives and parking aisles near the street yard entries and exits, nor shall any landscaping which ueates an obstruction a view be located in the radius of any curb return. b. Traffic Barrigrs: All plant ng areas, including critical root zones around trees and those used lot narking lot screening and Interior landscaping areas, which abut any parking lot or vehlcu'ar :rea shall be protected with curbs, parking blocks or similar barriers sufficient to protect vegetation from vehicular intrusion. c. Pl:,nt and Planting Quality Conformance: All plant materials, Including replacement trees, shall be specified and planted with plants using the standards of the most recently puSllshed version of the American Standards fo Nursery Stock, by the American Association of Nurserymen. All plants shall be clearly tagged by the providing nursery for 1 easy Inspection with the Botanical Name. All landscaping shall be Installed accord';rg to sound horticultural practices, In a manner designed to encourage quick establishment end healthy growih. Landscape Code Pape a I ( } ,rrsp~r„ 7~ "t 1 32X[ i . o Ordlnanee 08.100 d. Stockpiling: Topsoll that Is removed during construction shall be stored onsile and consarved for later use In required planting areas. ARTICLE 111. LANDSCAPE REQUIREMENTS Sec, 31-7 Specific Landscape Area Requirements. (1) Parking Lot Screening and Landscaping a. rirn ler Screening: Ant parking lot or portion thereof that Is visible from the public right o' way and contains 10 parking spaces or more shall provide perimeter screening. The perime!ei of each parking lot, excluding driveways, which fronts upon or Is adjacent to a pt.blic street other than a public alley shall be provided with shrub screening with a minimum mature height of thirty-six (36) Inches and Installation height of eighteen (18) inches or greater, and spaced no more than twenty-four (24) Inches apart, edge to edge. Alternative shrub spacing may be used, with the approval of the Development Review Committee, when It can be shown that the selected shrub species growth pattern differs significantly from the spacing requirements of this ordinance. The use of berms and planter walls will be allowed to contribute to Installation and mature height requirements. The slope of any earthen berm shall not exceed one foot of height for each three feet In width. b. JEter~or Len nuiny: Any parking lot or portion thereof which Is constructed and contains forty (40) parking spaces or more shall provide permanently landscaped areas consisting of Islands, peninsulas, medians or adjacent planting areas. Ong canopy tree shall be provided for every fifteen (15) parking spaces, and one shrub will be required for every rive (5) parking spaces. At least fifty (50) square feet of planting area shall be provided for each required tree, and no parking space shall be located more than fifty (50) feet from the trunk of a tree, All Interior landscaped areas shall be covered by trees, shrubs, or ground cover. c. m 0_W2b Tree gnd La Q Reoulrements: The trees or planting areas used to comply with the parking lot screening and landscaping requirements contained In [his section may also be used to demonstrate cumpliance with the 15 trees per acre standard and the 20 percent planting was tot requirements contained In this chapter. d. 2L$_t" ition of L need Areas: The required landscaped areas for parking lots shalt be more or less evenly distributed throughout the parking W, although adjustments may be approved by the department, where the shape or size of the parking lot, the location of existing trees or other natural constraints reasonably prevent such distribution. e. Vehicular urfAu__6reas: Vehicular surface areas (VSA) must comply with the requirements of this section. Perimeter screening is required as Indicated In Section 31• 7(a)l. Interior landscaping requirements shall be met by providing one tree per 4,500 square feet of VSA, and one shrub per 1,570 square foot of VSA. Tree canopy caver shall be evenly iistributed throughout the VISA, (2) Outdoor Storags Area Screening O a. Any outdoor storage area, or portion thereof, must be screened from public rlght"f-way using live evergreen screening plants, six (8) feel in height at Installction, spaced no more than eighteen (18) inches apart, edge to edge. Landscape Code Page 4 ' k < 32X 06 g 0 x orotn.rke ea.+oo b. A fence or wall may also be used for outdoor storage area screening, provided it Is at least six (6) feet tall, opaque, and of masonry, stone, or wooden material, or of the some material as that of the principal building. Dumpster enclosure openings may not face public rights-of-way unless they are gated. (3) Bufferyards a. Bufferyards shall be required under the following con&lonsi (1( Multi-family uses shall buffer when adjacent to single family or attached housing uses. (2) Commercial uses shall buffer when adjacent to single-family, attached housing, multi- f family , end lesser cu nmercial uses. (3) Industrial uses shall buffer when adjacent to any use, Including lesser industrial uses. b. Plant materials, walls, or fences may be used within req+.ired yards, as specified in i Section 35-41 of the City Code, to buffer adjacent land uses. Trees or plants used in required yards may be used to demonstrate compliance with other sections in this article. Sec. 31-B Maintenance (1) Maintenance Requirements a. The property owner or his/her agent shall be responsible for the maintenance, repair and replacement of all preserved vegetation and landscaping plants and materials as may be required by thin provisions of this article. Once the final inspection has been completed for a single-family or duplex residential dwelling, the requirements of this article no longer apply. b. All plant material and planting areas shall be landed and mah,tained in a healthy growing condition, replaced when necessary and kept free of refuse and debris. c, fences, walls, gales and any other outdoor structures shall be maintained In good repair. Ooenings within the barriers may be required by the Director 'or accessibility to an area for necessary public maintenance. (2) Irrigation y Irrigation Is not required to demonstrate compliance with the requirements of this chapter for individual single-family residences. Single-family residential planned developments with communal open space within planned development or single-family subdivisions with communal open space maintained by CC&R's cr a homeowner's association are required to provide underground automatic Irrigation. All uses, other than individual single-family residences, are required to provide underground automatic Irrigation in all planting areas. Areas within the property that are left in undisturbed native habitats are not required to provide automatic ir6galion, Irrigation Is required to cover planted areas within the rights-of-way adjacent to the property. Proper watering Is critical to plant survival, particularly during the first three years after tree or plant Installation. With the exception of individual single-family • residences, trees or plants required as part of an approved landscape Plan, must be replaced O if they become diseased, damaged, or die. Landscape Code Page 10 IL1 32x11 o ordinance W100 Underground irrigation shall meet the following criteria: a. Irrigation must meet water conservation methods as established for Irrigation systems and must use: (1) Automatic Irrigation control boxes that are programmable for seasonable weather conditions. (2) Sensors that shut off system irr{paWn during rain a, se events. (3) Low precipitation, water co tserving Irrigation heads In lawn end slope conditions. (4) Use of drip or pressure compensation tubing Irrigation systems in planting beds. (5) Use of flat Irrigation heads under shrubs In slope conditions Is allowed. (6) Use of tree Irrigation in planting beds that allows and plans for future growth of the root system. Qj Use of underground irrigation technology that reinforces water conservation. b. Use of non-water conserving rotary heads, spray risers and any spray head which is not designed as a low precipitation rate head is prohibited. c. It is a penalty of this ordinance to allow uncontrolled water emissions, d. Irrigation systems must be maintained in good operating condition al all times, ARTICLE IV. ADMINISTRATION REVIEW AND PERMITTING Sec. 31.4 Administration, Review and Permiding. (1) Pian Submissions a. Tree inventory Flan After the effective date of this ordinance, no preliminary plat may be approved without the submission and acceptance of a tree Inventory plan. The tree invenntory plan shall delineate site trees by type, size and species. An inventory map shall delineate tree cover y by Identifying all stands of trees with similar characterisUcs, such as speciy, and defined as areas which Include the outer perimeter of the dripline of individual trees. Notation shill! . be Included Indicating the range of height and DBH of trees within the areas, the predominant species within the areas, and the general appearance of the trees with regard to health. b, Landscape Plan The owner of any property to which this article applies shall submit a landscape plan In the form and manner specified by the Planning and Development Department before the epproval of the final plat. This plan can be combined with the tree Inventory plan. The A landscape plan shall contain sufficient detall, eo specified by the department, to slaw the p fotiowing (1) The location of all existing or proposed subdivision Improvements, buildings and Impervious surfaces; residential subdwision landscape plans may substIVAS limits of clearing and grading designations for individual lots Instead of detailed building location and Irnrervlous surface Information ktnl7 the time that a Mot plan is requked; Landscape Code Pogs 11 ) 5 ❑ 32X IO_ 0 nrerem , I Ordinance 06-ioo _ (2) The limits of clearing and grading proposed for the project; (3) The location, si:.9, species, and health of ell existing trees Intended to be used for tree credit purposes, Including bee credit calculations eM the methods proposed to ' comply with preservation requirements; (4) The location, size, and species of all new trees required to meet the Tree Standard of 15 trees per acre, including the ,•alculations that show how existing and new trees will comply with the ordinance; (5) When the perimeter and/or Internal landscaping requirements for parkins ots apply, the size and location of the parking lot(s), the number end striping of parking spaces, the calculations that show how marry trees and shrubs are required, the location of required plantings and planting areas, the Illustration o tree canopies as 50-feel wide radius circles; (6) When the property Is required to provide screening for outdoor storage areas, the location and specification of ::a Bening materials; (7) When the property Is required to provide bufferyards, the location and specification of bufferyard materials; (8) The location of topso'I storage areas; (9) Identiricetion of any trees eligible for Monarch Tree nomination: and (10)Such other Information, as specified by the department, as may be reas.mably necessary to administer and enforce the provisions of this article. c. rri ation Plan The owner of any property to which this article epi;lies shall submit a Irrigation plan in the form and manrar specified by the Planning and Development Department before the approval of Vie final plat. The irrigation plan shall contain sufficient oxtail, as spedifed by the department, to show the following, (1) Layout of the irrigation plan. (2) Irrigation method(s) description with product specifications Indicating low precipitation and water conserving heads. T f . (3) Control box and sensor spectications. ;4) Location of water sources. { d. Review and Appruval of the Landscape and Irrioall lElBIl l Us Planning and Devel,~pmenl Department shat determine the completoness of the submitted Landscape and Irrigation Plans within two (2) waking days The plan will be refirred to the development review oommitlad for its review and approval. The committee shall return the plan to the department noting thereon Its approval or disapproval. If 0 • disapproved, the committee shell specify the rarons why the plan does not ca nply with the provisions of this article, e. Plot plan Before the approval of any building permit appticalion a plot plan must be submitted. A plot plan for residential, multi-family, commercial or Industrial use must be consistent with I Landscape Code Page 17 ` esirrr " o f r i 1 ordn,enca sa goo i and clearance for building specific lo'. drainage the Landscape Plan and N must show lh3 f+mils of all grading CvBd landscape On, Construction and impervious surface Installatior,. It sh also indicate new trees to n, " patterns, the location of any trees preserved for rdeS't on th,r es trees to be removed, protectia' measures for p and Construction docum the plot planted. For projects with detailed si1a, landscape, previously Provided plan requirement may be waived where all Information has been (2) /.Sternativs Compliance for large sites applicant may request permission to ' ;platted pi Oparty is o,,er two Wen in size, the Mf -I W' lot is the requirements of this Chapter. Pvr a l,liny areas that creole an "artificial IOC to Utisfy IntendeI to Provide adminls4•atNO relief to, large Silos that lot a W1 afteridevelc N the spirit and ex~.eed substantially more thanfC% of tress P<a Silo • the Director artltic;al lot lines shall Completed The Director shall apPrOve the crearw n of by ertDirel lot arty roved intent of thi s chapter will not be violated . If app and shall Ind icatcd On the Proposed Landscape PIan20% of the acont ealIns de ,tihe arfifrcia e lot total amount of Impervious surface age, p1Q reserved for required planting area. nt In compliane J of shall provide trees and landscaping b. The area within the artificial tai lot linrss and may rK,t extend beycnd the property boundaries v.dh the requirements of his section- a single platted iot. C. The area oulsidP the artificial lot sha it be maintained as Planting area with live vegetation located outside 11+a artificial tot itnes may be used delormined by the applicant. No trees for tree credits. opinion, are highly visible . reas Itin, the Director's PI sh buffering of adjacent properties d from artificial friglot lines shall Include 6 hts-newaY Or 0 e nece ssary It In ,co Sec. 31-10 I7.ntorcetne10t, Penalties, and Fees occupancy, the applicant may post a (t) Bond/Cash Deposit tallation of the landscaping leriatsrior 10 satisfactory in lieu of installation of the landscaPe ma Ins bond ecceplabte to the city, conditioned upon proposed An thelandscape p ' conviction, be fined a provision of this ordinance shall, upon (2) Penalties any Each day that a this ordinance is violated shall That any Person violating provision of sum not eKCeed rate and d00tincl offense. constitute a sap r Sec, 31.11 Civil ttemedies ht to bring a civil action to few, including but (t) Nolhr^.y in this chapter shall be construed as a waver of the City's rig O enforce the provisions of this chapter and to sad c reined e9 as allowed by nct limited to the following, ecfw at violates the ordinance or to require .p conduct the a, Injuncl+ve relief to prevent fopstirflComepliance vdlh the ordinance. Onduct that is necessary i. to 51000.00 a day who r it Is shown that the ~"noCommitted acts in A civil per,all/ up 1! + notified of the provlsons of the ordinena' and after receNing i Pago 1s Landticaps Code 10 32x a 1 O • ordkwmo ee-Itto violation of the ordinance or failed to lake action necessary for compliance with the ordinance. Sec. 31-12 Appeals Unless otherwise provided, an action by the City In determining compliance with the terms of this article refers to a determination by the Planning 6 Development Department or tha Development Review Committee (DRC). The DeveloperlCwmer of land sub act to the requirements of this chapter may appeal e.ny datermination by the Planning 6 Development Department or the Development Review CommWee under this chapter to the City Council for a final decision. The appeal shall be In writing and shat) be riled with the Planning and Zoning commission, which shall make Its recommendation to the City Council, The City Council will not review the appeal of any determination by the Planning 6 Development Department or the Development Review Committee without first obtaining the recommendation of the Planning and Zoning Commission. No plat or permit shall bo approved by the Planning and Zoning Commisslon which varies the terms of this chapter or whld. does not comply with the Planning 6 Development Department or Development Review Committee's determination without final resolution of the appeal' 9 e City Council. See% 31.13 Fees i he City Council may adopt a fee or fees, In the amount to be established by ordinance, to edminisler and enbrce the provisions of this Chapter. Sec. 31.14 Conflicting Ordinances A I ordinanws or parts of ordinances In force when the provisions of this ordinance become effective which are Inwnsistent or In conflict with the loons or provisions contained In We ordinance are hereby repealed to the extent of the conflict. r. r 4 a y a . i• ~ 3,A • Landscape Code Page 14 - t 032 X l, Al 10 r. MW= waaxai. ' a aavxaan Ordinance 96100 Sec, 31-15 Selected Species List, Large and Mediurn Trees Common Name Botanical Name Native Haight 111, Existing Street Width Tree Credit Tres Caddo Maple Acer barbalum 'Caddo' 60' x 46, • M 17' Bi loolh Maple Acer andidenlalum Native 50' x 3 7 • M 12' Prima Texas Buckeye Aeswlus a uta Native 30' x 2L' Chldamwood Bumella lams Inosa Nadirs 40 x30' • M 14' Pecan Caryl 1111nocarres Natlva 60'x 60' • M 36' Black Hickory Ca s •exane 60'x 50' M 36' Deodar Cedar Cedrus deodara 40'x 30' American Smowebee Counus obovatus 30'x 20' Leyland Cypress Cu ressoMaris Ieylandil 40' x IV a M 21' Pima Ancona Cypress Cu ressus arlanniw 35'x 20' Texas Persimmon _ Dlos us lexana NaUve _ 30'x20' • M 10" Accent Common Persimmon Dios Ns vl iniaaa 30'x 30' • M itY Accent White Ash _ Frairlnus americans Natlve 60'x ST • M 37 Terns ASh Fraxlnus te.ensis Native 50'x40' • M 6' Pima Thornless None locust Gleditsls Irlancanthas lnennls Natlys 3o'x 57 • N 15' Prima N lito Ju lane miarocarpa Native 30' x 20' Black Wainul Ju lans Nora Nally* 80,467 Red Cedar Junioerus vl inlana Native 40'x10' a Canaerl L,ni r Juni erus vfr Inians'Canaertii' 30' x 20' Sweet Ovm LI uidamber s acifiora cutuvara Native 60' x 40' M 36' Pima Osage Vranpe Madura ilers'Part(' Native Sl x40' • M 31' Fruitlrss While Mulberry Morus slba'Frvilless' 35 x a0' Tessa Mulber-ry Mow ru" Native 40' a 40 Black Gum N ssa a vatka Native 50' x 25' Afghan Pine Rnus eldarica 40'x 20' Austrian Pine Pinus Myra 40'x 25' Chinese Pislache Pistachia chinesis 40' a 30' • Accent London Plane Tree Plalanus acerlfolia 50' x 35' • Prima Sycamore Platanus occldenlalis cultivars 70' x 60' Collnn&ood Pupulus deltoides(cultlvarel 50'x40' Ftuwehn Pear P rus calla ans'Arislocral' 30'r 20' Accent Savtoolh Oak Ouercus accutisima 60' a 50' • M 29' Prima E scrpmrn t Live 0 ak Ouercus Fusilormis Native 40'x40 • M 44' Pnrt _Lacer Oak Ouereus Iaucoldes NaUve 60' x 45' • M 26' Prim i Bw Oak Ouercus ma'7owrpa Natlve 60 x 40' • M 40' Prkna Chin ua m Oak ouercus muehlenber a Native 60' x 40' • M 27' Prima Water Oak Ouercus ni ra NaUve 50' x 40' • M 21r _ wiIWw Oak Ouercus hellos 60 x 30' • M 33' Prima , 66umard oak _ Q&cus shumardil NaUve 70' x 00 • M 26' Prima -Posl Oak Ouorcus siallala NaUve 60x45' • M 30' Ter:a Red Oak Ouercus lexana NaUve 30' x 30' x M 26' Accent Ooaslal Uve Oaw OVercvs vtr Iniana wHlvsrs Native 50 x 50' • M 44' Weq Wi6av Salix Da Cyloniw 40' x 30' . 1YCSlern Soapberry Sa indussa arisv,'Lkummondil' Native 30'x20' • M 16' iald Cypress Ta,odium disfichum 60' x 30' • 66' Prima LitUale of Linden Taia cord" 60' x 40' • Prim:. Y r,Ld Elm U1mus 81218 Native 35'x 40' • M IV_ ?rims. Arrwican Elm Ulmus ame duns Nalive 70' x 70' • M 26' Cedar Elm Ulm us crassifolis Native 50' x 40' • M I r Prima LaceLark Elm_ Ulmus arvlfoHik 50's 35' • M ST Prima Su oe Elm Ulm us rubs Native 70' x 60' • M 17' ' Noto'_J1oo credit Is flmlted 191host en cis Indicated Dv a "•".,ym¢q~ln 149 Exfallna TraeQ dlt ~oiu(pq Q M indreates species and minimum diameter for Monarch Tree nomination. They are listed at 50 percent of that trees' caliper as listed on the current Texas For 1st Services Big Tree Reglstry, other trees listed on the Selected Species list or on the Big Tree Registry mey be nominated for Monarch Tree status &175 percent of that species cadger, I Landscape Code Pape 1s l 4 low 32XIO x 4 , aw.new , 0rdNlance 116100 _ i Accent! Small Trees and ergo Shrubs Common Name Botanical Home Nii Height 6 Existing street Width Tres Crsdlt Tree Roemer Acacia Aado roemenans 15' x 15' " Wright Acaca Aada w h9l Native 15' x IF Japanese Maple ACor almalum cul5varf 15' x 19 - M 6' 1 Sadel Buckeye Aesculus avls Native 25' x 20' Texas Madrone Arbutus xahifensts Na1va 25' x 29 Leman Botttetxush Coll-Stamm Clldnue 15' x 15 i Wee in Bottlebrusn Calrslemon vlrri 29 x 15 Ne9eaf Hackbar Celtic re9wlats Native 25' x 25' Ulne-leaf Palo Verde Corddium Moron lum 17' x IF Redbud Ceraa anadensie cultiy2rf Naave 2s' x 20' Oklahoma Radbud Cords anodenOs texerWs Native 20' x 111 • -MW went 'Gkiahoms F orest Pansy Redbud Cords cenodends'Foresl Pansy' 20'x15' Texas Redbud Cords conadensh texonslo Native 2F x 70' Desert WSow Chil sis Ilnearls Native 20'x 15' - Texas Persimmon Dios rostexama Naave 25'x20' • M 10' r Kldne cod E senhardNa o Hach s Native 20'x 12' Fra and Ash Froxinus cus idata Naave 15' x 10' Nellie R. Siovens Holl Ilex a uilollum'Neille R. Stevens' 20'x 15' Burford Holly lie Comula'Burfordi' 20' x 15' • Accent Possumh2w Hof Ile decldua Native 15' x 10' Yau n Fl sex vomitoda cuiavars Native varies m a' Accent Wee i Yau n lie vomlorls'Pandula' 12'x8' Foster Holly 02 Ile x eaenuata'FOSIed' 02 25'x 15' Accent Ache Junl er Juni rus ashol Natlve 25'x 15' Rock. Mountain Jun, per Juni ru! utorum 30'x 15' Golden m;n Tree Koeireuterua aniculats 2F% 15' Crape M' rue Lo erstroemia Inca cut9vars 15' x 10' e M 11' Accent Flowering Crabapple M21ush brlda cultvan 20'x20' Southern Wax Myrtle Myrla Conran Native 15' x 10' a hill a" Red Ti Pholinis Phollnla frasen 29' x 15' Chinese Phollnla Phounla serrutata 29' x 15' Japanese Black Pine Pinus thunbor II 30' x 20' Texas Pistache Pislacia chinenSlo Native 20'x15' - Carolina Cher Laurel Prunuf arolinlana 25' x 15' • M IV Accent Mexican Plum Pronus Mexicans Noevs 25' x 25' • M g' Accent Flatwoods Plum Pmnus urnWata 15' x 10' Carolina Buddhom Rhamnus arollniana Native 20'x 15' Smooth Sumac Rnuf tilloibm Native 15' x 10' Flame-leaf Sumac Rhu! lanceolals Nollve 20'x vS Eves Necklace Tres So ore alliNs Naave 20' x IS' • Accent Texas Mountain Laurel p2et2 a eocunc5ora 15' x 10' • M IF Accent MeiaBuckeye n nadls s ecioss Notive 20' x 29' • ^ Rusty Bfackhaw Y~Cumum NFdulum NaIWe 25' x 29' Vitex Vnex a nuscestus Native 15' x 20' • M 1e' NOW _Tra credit Is II Tilted to those soecle Indicated by a "e" symbol In the ExistlnaTree Credit column M Indicates species and minimum diameter for Monarch Tree nomination, They are noted at 50 percent of that trees' caliper as listed on the current Texas Forest Services Sig Tree Registry; other trees noted on the Selected Specie List or on the 99 T'ee Registry may be nominaled lot Monarch Tree status at 75 percent of that species caliper. I landscape Code Paps 16 10 32XIO i r 0 ' 0 Z Ordlesrsee 08.100 Shrubs Common Name Manful Noma Ha) ht d Width Gloss Abella Abella andVAors culovars x 5' Edward Goucher Abela Abella orandiflon'Edwsrd Goocher S' x 5' Prostrate sbelia Al randi"'Proetrata' 2' x 2' Japanese Acuba Acuba a nics 4' x 4' Pur falsest Barba Berbers Ihunbe il'A a rea' 5' x 4' P m Barba Berberis thunbe h'Crlmson Pygmy' 2' x 3' Crimson Pygmy Barba Berbera drunbe il'Comson Pygmy' 2'x 1.5' Japanese Boxwood Buxus mitre h Ila les culOvsrs IVx 17 Beau her calliaa a omericaoa 10' x 5' Bullonbush CO halanlhue occidenlalis 5' x 6' Dwarf Flowering Woos ChasnW*le$j#LOn Id Texas steel' V x 3' Flawed Quince Chaerlw*es f dons x 5' Rou hleal Dogwood Comus drummmdll x 5' Pampas Gross Coetadens Nomura 70' x 7' Cotoneaster Coloneaster culoyan vales Ebbin 's Sliverberry Elea gnus x abbe el IV x 5' Ja ane se Aralla Fatales a !es IVx 10' Foss la Forsythia x Interrnedla 5' x 5' H ericum Ill hen I X x V Needle int Holly Ilex Comuu 5' x 5' Dwarf Burford Holly 'ex comuta'Burfordi Nana' Tx 4' Canssa Ill 11, x corn Ulm 4cam ism, 4'x 5' Dn,arf Homod Hotel Ile. com ul0'80lunds' 4'x 4' Wilson Noll Ilex comuta Wllsonir 5' x 5' Dwarf Ja aneu Holly Ilex venata'com acta' 4' x 4' Herer Ja0ane9e Holly Ilex Uenata'HBIIeN' 3' x 4' Dw lrf Yeupon Holly Ilex vomitods'Nana' 4'x 4' 1 Dead Pfilzer Juniper Junl erul chlnenesis'Pftrerana Corn acts' x5' Pryer Juniper Junl erul chlnens'rs'Pftzerana' x10' Blue Vase Juniper Juniperus chlnensis'Blue Vase' _ 5'x 4' Shore Junl er Junlperus conNft 2'x 4' Ja anise Garden Junr r Junlperus prpaummns 2'x 5' Dwarf Crape Myrtle Li l Indies (cumvani _ 5' x 4' Prostrate Crape M rile Laoentroem~s Indices cultivan 3'x 3' Lanlana Lill (cultivan) varies iexaf Saye Leueo h Ilum fmtesxna culevars varies Marie aced Chinese Privet _ L uslrum einense'Vale ata' 7'AT Giant Liriope Llrio a olganlem 3' x 3' Mills HoneylyOle Lbnicers i lbillpa 4' x 4' Lealhereal Mahonia _ Mahonis Ill 4' x 3' Aya!its Msh.np trlfoliala 5' x 2.5' Nandina Nandina domesees (cultivan) varies ComPcl NandeI a Nardi" domesed aals 5' x 3' -44 Dwarf N a n d i n a Nandina domestica Harbour Dwarf Y x 8 ' Dwarf POmedranate ll pnnatum'Nars' 5'm 4' Firelhorn _ la cullh'ars varies FrFraOranl Sumac _ Rhus aromatics 5' x V • Rosemary _ Aosmorlnus oRdnalis'Tuscan BWY 3'x4' Lavender Cotton Santotmo cultivan 2'x T Brldalwrealh 5 rea 5 irea runifotis T x V Vanhouile S irea S irea x vanhoullei B' x 5' Coraiber 6 mphoecarpo4 prbIOVlatv I P x 2' Wood Fem Cher tens hunlhe 2'x 2' I Landscape Code Pape 17 25.10 32X i r e U C _ erdtnence 911100 Groundcovers/ eddin Plants Common Name Bolenlcal Name Cast Iron Plant As Idlstra elatlor Hcne Herb cel ton us'AaIW Trum 1 Creeper Cam 71s radleans Galls Gre li Dales aremll W ntervee er Euon mus fortunes Share Junl r Jos ems mnfeAa Creeping Juniper Junl ems horizontAs altlvars Japanese Garden Juniper Juni ems rocumbens cuttlvars Tralling Lantana Lbetans rnontevldensls Lfl urf Lido cultlvars Mondo Grays 0 NO a Icus culuvars Virginia Creeper Parthenoossus uIn uefWla Coral Barry 5 m hone "culatus Aalaec Jasmine Tracnelos rmum aslatlo m Pariwlnkle Vince major d minor Vines Common Name Bolanlcal Name Coral Vlne Me on le ptopus Cross Vlne Bi oodscaeWata Trumpet Vine Cam psis radicans Carolina Snallseed Vine Cocculus carotlnuI CarollnaJessamine GCsemlumsem ervlrens I Hedera cult ars Hall's HOne suckle Lonicera a ka'Hallans' Coral Hare suckle Lonirora sem rvirens Boston Ivy I Para enocissus Wcus data cham anel Grape Villd asminil'Cham area' Grape Vlne Wis vlnifers Ja aneseVAslena WlslerlaflorVbunda Chinese Wisterla vviV&a sinensls Ornamental Grasses Common Namo _ Botanical Name _ Bap Blueslem Amdr on perardli SOvel Blueslem Bolhnochlos Saccharoldel Reed Grass Colima rosily Inland Sea Oats Chalmanddum IaLfotlum Pampas Grass C'"deds se>toana lemon Grass C mD on clb►lus Sugarcane Plumeprass Enanthu! ' anteus Eutalla MlsanDuss . Maiden Grass Miscanthus sinerels'GraUllknus' Zebra Grass Misanlnw Nnenais'Zebdnus' Variegated Japanese Silver Grass v Miscanthus sinerals'vad atA, _ Purple Muhl Muhlen Der a Fn s I.indheimeh Muh MuhlenMr la Iindheirmed See Muhl MuHenber to reverchWll Dwarf Fountain, roes Penniselum alopecuroidl7'Hamelin' Pu ie Founlaingrass Penniselum setaosum'Rubmm' FountaiBamboo ngrass Penr4etum iiBlack PM1 TSChyJr nips S Little Bluesle lueslem _ 5chlach um 1c0 OAum Lawn Grasses L Buffalo Grass _ exhosda odes 7ss,T,r1 Bermuda Grass C nodon da on Tall Fescue Fest," e SI~ A us9m Grass tenors mm tommah+m $ PP, Zo'!ia Grass zM41 , Landscape Code Page is jh 32XICa OKI r 9 r n - aa~ifALb I I ordtnenoe W 00 Perennials Common Name lBoWIcal Name Acanthus Acenmus mollis _ Hollyhock Alcoa roses LI -of-the•Nlla a anthus app. Yarrow Achlllea &M. Bu leweed &jga app. Amaranthus Amaranthus Bicolor Blueslar Amsonla ap0. Bugloss Anchusa s Texas Gold Co imbino alts is ch an" v.'Hinkl ana' Wormwood Aternwas . Milkweed Asde lass . Wild Ind! o Ba bsis Opp. Brunnera Bmnners a . Caladlum annual Celadlum oultlvars Comma Comma a eneralls Peewlnkle annual Certheranthus Motu$ Shasta Dais Chrysanthemum maximum Colewort Crambe oordlfona _ Crows Crocus e n xkan Heather annust Cu hea h ifona edin Hear, Dfoenta app. ConerDwar Eohlnacea u urea earrenwoA E 'medluma . Texas 9lueban Euslorna randiEOrum Da li! Hemerocalla $ DO. Rose Mallow _ Hibisevo moscheutoo Hosta Hosts I Cindytufl Ibans se Mrens Iris Iris x h beds Lonlana Lan lama spp. Lavender Lavandula s p. Sea Lavender Llmonlum S Alyssum Lobulada maebma Lupine Lu inue a Loosesirife L simaohla 101), Turk's Ca Malvav!rous arboreal v.'Dnrmondll' Blackfoot DaisyMelsr ivm leuanthum Bee Balm Monarda did a Gram Hyacinth Muscad lop Daffodil Nar6sjusI . Catmint Nepeta sop. Oxalis (ood Scrcet( Oxalis crass! fl Rock Rose Pavonia Iasi la is Russlan Sage Perovskla ctrl ICrdla Thin WON aubulata Obedienl Plant Ph os IVI Virginia na Soloman's Seal P01 ,atum Opp. , . Knotoveed Pd ovum s Moss Rose annual Pomul" randinore Cinquefoil PoterlJ5101). Lungwor, Pulmonafla/ . Glonosa Dally _ _ RudbeOla s Mexican Petunla Ruellia app. Gage Salvla $ pp. Lovendef Colton SamIcAna epp. Sedum Sedum app. Due. Miller Seneoo cinerana 0 • Goldenrod Solids 5 Iderwon Tndesanta occkanlani { Verbena Virbene 1 y 5 ecdwell vemnia e J ' Landscape Coda Page 10 C) El 3:XIO I O Ord]nanco 06100 Appendix A Amended Central Business Overlay District i i BJ I feu t~uiu~.'t r ! 1. i Awl 41. Landscape Cade Pape 20 ~ - ~~f...V' 7 'k~Q 32x~Q i week"% , Q i Mom I Ordl oll00 Appendix B Fry Street Development Corporation Boundary a ~itica FIR 0 °Roo ~ mo ~i 06 a ~ ro .4 L Q'b 0~ e$6ei E °IAe~ ° o~ ~5 •tl~ 0® ME .a ll~~ 0~1 0 o OoDm r r Pam ~2' OPQOo 991°. , ion p;0 Owpav 8~, o 1 c e 1 as ~No I W ^I ORB a COD as $ p . FRY STREET DEVELOPMENT CORPORATION BOUNDARIES FRY STREET AREA UNIVERSITY OF NOl TEXAS CAMPUS Ii I • I r x Landscape Code Papa 91 F ~5'K Ia 32X' 0 O.dlnence 00.100 Appendix C The Denton Municipal Airport Y I I I f 1@• - i y ~ i ~LWwr.~. . . _ M►xI IIVV'fM C y f i o I • r I f 1 ~ y I ,n Landscape Coda Papa 22 01 l i J 0 Ord lmnee a4100 SECTION III. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $500.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION N. That 0 any section, subsection, paragraph, sentence, clause, phrase or word In this ordinance, or application thereof to any person or circumstances Is held Invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton. Texas hereby declares It would have enacted such remalning portions despite any such validity. SECTION V. That this ordinance shall become effective on May 1u, 1908, and the CRy Secretary is hereby directed to cause the captlon of this ordinance to be published twice in the Denton Record- Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of Its passage. PASSED AND APPROVED this the 7th day of April,1208. dAC ER, MAYOR ATTEST. JENNIFER WALTERS, CITY SECRETARY r! ~J BY.~ APP OVED AS TO LEGAL FORM: r HERBERT L. PROUTY, CITY ATTORNEY BY; ' If Landscape Coda Page 21 j 26 xQ 32XQ odd 0 P/{0lli O ' Y,+GC67Y AGENDA INFORMATION SHEET AGENDA DATE.: August I1", 1998 f OZ.tll Urn y'^__ DEPARTMENT: Planning& Development Dale CNVDCM1AChTr Rick Svehla SVBJECT Receive a report, hold a discussion, and give staff direction regarding Growth Management Strategy issues and priorities. BACKGROUND As part of a revised consultant scope of work, City Council is scheduled to be an early participant in setting the framework for the Growth Management Strategy, which is intended to establish community objectives regarding future land uses and development activity in the city, The Growth Management Strategy will serve as the cornerstone of the city's comprehensive plan. The August 25'h work session addresses Task I in the scope of work, which calls for the identification of growth management issues. Exhibit M I contains a list of growth management issues that were identified by city depanment heads during individual interviews and collaborative review. Other growth-related issues identified by department heads that will be addressed in the comprehensive are listed in Exhibit q2. The results will help the consultant firm,1IOK, determine the emphasis of ensuing research and analysis. At the work session, the consultants are prepared to summarize the issues identified by department heads, followed by additional Council comments and suggestions 10 guide future consultant efforts. After reviewing the staff list (Exhibit 42), Council may want to make deletions, revisions, or additions. Comments regarding priorities for consultant research or public participation would also be helpful. The Growth Management Issues identified in Task I are not final. They will be ue.d to construct a community survey and set the preliminary scope of work for the draft Growth Management Strategy, but adjustments are likely in response to public review comments. ESTIMATED SCHEDULE OF PROJECT A detailed completion schedule for the Growth Management Strategy is included on the last page of Exhibit A. This task is expect:d to be completed by the end of December 1998. A detailed schedule • will soon be available that outlines specific meetings and public hearings for Growth management Strategy review and comment. PRIOR ACTION/REVIEW !hiring the August 11', 1998 Work Session, City Council indicated support for staff to execute an administrative change order in the existing 11OK / RUST contract. The change order is needed to allow a smooth transition from the development of the Preferred Development Scenario, which is a • land use and development density "mapping guide" for future growth, to the Growth Management p • Strategy, which defines opportunities to achieve the Preferred Development Scenario. The Growth Management Strategy fits within the overall Denton Plan process proposed by staff in June 1997, IV relationship between the Development Scenarios, Growth Management Strategy, and Comprehensiv, plan is indicated in the following chart; 2X ]f'''ry 0 TAe1~1Jia , 0 x~+Rlm EXISTING CATA Geographic Inrormabon Resource AvalleJity External influences I I FORECASTS Demographic Forecasts Land Use Demand Fiscal Impacts JII COMMUNITY VISION 1 Mloelon Statement General Goals L Obpatlves DENTOM PLAN POLICIES Of" Management Polices I I Alternative Development Scenarios Preferred Development Scenario I COMPREHENSIVE PLAN Growth Mansgement Strategy J Land Use Plan 7 Implementation Strategy :MAIL AREA PLANS Narrow Scope of Inlersat An a • Spe rf c, leaues I IMPLEMENTATION TOOLS Plan Enectustion ZONIN0 ORDINANCE SUBDIVISION REGULATIONS I AN N ULA TION PLAN INFRASTRUCTU-C MASTER PLANS CAPITAL IMPROVEMENTS PROGRAM BUDOETS19014011 IMPACT FEES { PUBLIC FACILITIES PLANS [YOWNTARYIINCIESTIVE PROGRAMS FISCAL INFO Ri1 At LION ~ Approximately $33,263 in unspent funds from the original RUST/HOK contract is rvailable for the Gro- to Management Strategy contract amendment. An additional $37,847 budget is earmarked in the proposed 1998.99 budget to pay for the additional services needed, resulting in a total of $71,110 to complete the Growth Management Strategy. Staff is preparing an administrative change order to allow work on the revised scope for tasks that must be completed between II and October i", 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. EXHIBIT Exhibit A: Denton Growth Management Strategy Issues - Departmental Interview Results Exhibit 13; Denton Additional Issues- Departmental Inleniew Results Exhibit C: Growth Management Strategy - Preferred Scenario Scope of Services Respectfully Submit r ~ 1 b Nill Director of Planning and Development 2 I 32 I nG x I • ! 0 1 a J 1 r .rf 4M'YY . rvr n nF tar xµir i MnN An tlti w, NIIIMUT H, 09 A1A ♦ KA{IAIAUM, 'SAC AP.CHITECI RI ENGINEERING, PLANNING. r INTEXICK5. GRAPHIC; CONSULTING Exhibit A Denton Growth Management Strategy Issues Departmental Interview Results SIT The following items were Identirled as Growth Management Issues during Department Interviews and at a DPC workshop. The Issues have been categorized as General Growth Managernw. issues, land Use ! Urban Form Issues, Transportation Issue!, Utility Issues and Environmental Issues. Y ~eneral~so~rth_Minagetneetlssues a What tools are available for controlling the rate oigrowtht I. A y a What tools are available for directing and servicing growth In the desired areas? rti a How does the City respond proactively to outside Influences ("externalitles") affecting growth? a To what extent an Denton "Stand Alone" to growth management H surrounding communities are not utilizing aimllar technlquest e.rL a How an the City best address growth Issues In a comprehensive manner? c„" CA a What are the consequences of not addressing growth In a comprehensive manner and of ` 6C taldng only a regulatory approach to development! i F,,,an Coq s What can the City legally do to control growtht ; lamdor. - f* Ian Arp.I;.l J r i a What are the Impacu of growth management on different economic groups! G„ ' New Trfd a What will the citizens support In the area of growth management? o"'^' ^ I~ sl LoWP SI i Fgr:l(D J r ~ r r' r J a What Is an appropriate annuudon polity or the City (aggressive vs. defenslve)f ' r ToY , ~ r I s 7Cif R,, A.P n, SLIP 2807, Se I-0f ' f,' OalTt rAl 15270 0' LISA NIII, ny,w. bC r11720 6,00V,"< 41214 NO 60,05 N. r P.on(,'l i`2 ~Pf FC4 rota.. , i „x + ~~"?~~71r X I-. 25 • • A l Land Use /-Urban Form Issues i e What Is in Ideal balance or mix of land uses for Denton, and what are the fiscal Impacts of r i that mix? e How Gin the City enforce the development pattern It wants to achieve from bah a maximum and minimum density standpoint (such as plant and concepts to support areas designated for higher Intensity developmento i e How should growth management deal with existing land uses? • What methods exist for preserving land for nonresidential land usest e What Is an appropriate mix of housing stock (ratio of single family and multifamily) for Denton, and what density of multifamily developments should be tontideredt e How can the City best combine multiple public uses on sites (such is combining parks and libraries)? e What techniquet exist for directing economic development activity to enhance the Denton Independent School District's and City's tax basest e How does Denton avoid strip commercial development (prknarily office and recall)? e How should the City continue addressing aesthetic Issues. e What methods exist for encouraging anct supporting reildentlal development along thoroughfar.t? i i I 4 T 7,47 ,,,•r~,tla 32XIn O ? e nemwa I r , I' Transportation issues e How can the City address problems with Rural to urban road connections? e How can the City deal with capacity and signal Issues existing in high growth areas (particularly In the Southeast Quadrant) and on rural roads experiencing {rowtht e How can the City deal with problems associated with the ability of transportation infrastructure to support the future physical growth of the City (particularly higher Intensity development In older parts of the City) I e How does the City overcome developer resistance to Improv'ng roads in areas of the ET) that they are developing? UdIlty Issues e How an WIldos be used to encourage and discourage the type of development desired? e How can the City promote development In limited sections (or one direction) of the City to create less cost for utility Improvements and service? l 'e e What techniques an the Cky utilize for providing services to outlying areas that are prime real estate for non-residential growth? e What are appropriate service are boundaries for water and wastewater? t ,r r i I 1 f (ti. X f, I` v- o , 1 26 10 0 ~ ' Sea; , i fEnitlefAA _ ` ' • i i . Environment lIssues e What ore the impending environmental Issues for the City `.)enton (e.g.r Aoodplains, air duality, water Quality, sedimentation / erosion)? e What should be the CWs role in dealing with these issues? i e What additional metho's should the City couidsr for preserving the I Wyear Modplains of Hickory Creek, Pecan Creek and Clear Creek for protection of natural futures, drainage needs and open space opportunities? l ~i i r. 6 t, R R+ owl 2'5 10 32XIO ' Q HrIIMU'H, OBATA AAASA BAUM, INC ' AaLHir{; fI RF Cl,iN FC' Na. PL•4wiv5 IN IFAiOA~ ,AAP elf CL, 44 Ulf ,A1: Exhibit B Denton Additional Issues Departmental Interview Results , In addition to the Growth Management Issues Identified during the department interviews, the following additional Issues were Identified and are provided for Information purposes only. Somprehenelvai'h alt,uesLPreferred_Scenario Issues • A balanced approach to growth for Denton is needed • consensus on a vision for tt a City must be reached. IS The character of future development needs to be determined (scale, density and urban design). • Land use compatibility objectives need to be defined IS There are opportunities to capture tome hlgh quality non-residential development In the Southeast Quadrant of the City, a The City needs to determine what type of development activity Is desired In the Southwest Quadrant along the WS W Corridor and in the Northwest Quadrant North of Hwy (380 past Loop 288). r Transponation toonections wlll be needed to link areas In the Northern Portion of the ETJ M-.I (A I If development is allowed to go there. • The most cost efficient development scenario from a utility standpoint it high density, °iv { concentrated growth. (As development is more spread out and less dense, the cost of utilities Is higher. In order of priority, this cost impact is greatest for wastawater, then water, and then electric and then solid waste) • More connections per mile of service will reduce the cost IS Land use mix has a ilgnifitant Impact on the capital and service cost of ttilities. Non-residentlai development with a high load factor gives the greatest return on utility investment (high toad is consistently high usage over a 24-hour period). Residential u.„ I, development typlolly gives the lowest return due to residential irrigation usage during peak periods. • IS There must be a cuff clent amount of development activity In growing areas to justify the • , capital expenditures for utilities. A very dispersed tow-density pattern of development would be very costly to service with utilities. ,,.,r 41 214 77Q 1000 214 ODS F" 10 32 x I ❑ o aBei00 a There are several water and wastewater service Issues in the Southern portion of the City. Direction Is needed on what type and density of development activity will be allowed to occur. (New water lines will need to be constructed and there will likely be a need for future wastewater Infrastructure improvemenu.) a Planning for future capital projects for water supply and wastewater treatment is a very critical Issue. Knowing where development Is going to occur, and at what density, Is needed, e Preserving land for future water and wastewater capital projects is a critical Issue. Ii s Need to recognize the "value" of the environment and use the development process to maximize hydrology, water quality and park and recreation opportunities. a Need to identify ecologically significant areas and the environmental attributes of the community. These should be viewed at community assess that are preserved as Denton grows and develops. a The City needs to develop a Comprehensive Master Plan for the Parks and Recreation System. s Future park acquisition areas need to be Identified to preserve these opportunities as the City grows and develops. e The City needs to develop a Trail and Greenbelt Plan (Including a Pedestrian Circulation System). e In addition to fioodplain areas, the City needs to identify other environmentally sensitive resources (such as air and water quality) and develop methods to preserve them. a Air quality will be an Important Issue as Denton develops and might become a factor restricting future development activity M air quality issues are not addressed. Development patterns that reduce automobile trips and allow for alternative modes of transportation should be encow %yed. . Other Development Issues a How can the City use density as a tool Instead of being viewed as degradation to the quality of life? J e Transportation planning is a critical Issue facing the City. 1 r a The City needs to be more proactive bully M transportation planning w a Difficulties exist In addressing some transportation Issues due to the large number of miles controlled by the State. i e I- u w k ?5 r 32x~❑ 0 6 arsarae a State Highway Issues need to be coordinated, and more highway decisions need to be made locally. a A need exists for more detailed transportation modeling and new origin/destination studies. a The high cost of the State Highway projects Is a problem a interstate 3S capacity issues and access Issues exist (frontage road and interchange) particularly In the Southwest Quadrant. a Ti.4 City lacks a bicycle and pedestrian plan. The need exists to encourage alternative modes of transportation. a It will become more costly In the future to secure water resources. a The City needs to regulate and coordinate the placement of Infrastructure for utility providers - not necessarily electric providers but telecommunications and able providers, a Drainage Issues are an important Issue for the City - particularly Issues related to point source and non point source pollution, erosion control and source water protection. e In planning for future service, there are opportunities to utilize Innovative approaches to wastewater reclamation and cu- future water demand a A significant Issue In servicing future growth is meeting the future water supply needs. Need to develop Implementation strategies for acquiring property and developing Community Parks and Special Repose Parks, This should address both capital costs as well as ongoing operating and maintenance expenses. This is needed to service the future growth of the City. Administrative Issues! Internal Processes a A need exists for consistency in the use of population projections and forecasting in planning among City Departments. e How can the City best facilitate the community decision making process to base decisions on growth and development issues on accurate and timely Information! a Need to improve the working relationship with the rJenton independent School District to Improve planning efforts and realize joint property acquisition opportunities. 1 0 i 9 l i ?5x10 32x1a e ~m - ' o M Exhibit C Revised 6 August 1998 Proposed Agreement Between The City orDeoton City of Denton Comprehensive Plan and Rellmuth, Obala cis Kassabaurri, Inc. Consullaol's Drag Scope of Services SROWTH MANAGEMENT STRATEGY - PREFERRED SCENARIO Task f • fdentifv Growth Management Strateov Issues Examine and develop recommendations for the urban development issues to be addressed by the Growth Management Strategy. Issues will Include Vim that the City Council has klentifled as being Important during their review of the Alternative Development Scenarios. The growth management strategy issues could include, s Amount of new development activity to be accommodated within the planning horizon; s Impacts of new development upon the Denton Independent School District; s Impacts of new development upon existing and future utility services; Types of land use to be encouraged or discouraged; s Appropriate ratio of Land Use to Promote a Healthy Ci+y; s Methods to Focus Future Growth In Desired Areas; s Density and timing of development; s Quality of Ida opportunities to be preserved or enhanced; s Methods to address environmental Issues as new development occurs. Meet with the City Councit to Identify additional Issues and to prioritize the Issues to reach consensus 20A ixoterrad area of focus for the study. soope is time uil{cal and will regumeatng with the CHv Council on or before August 25 to achieve the proposed December 1998 prolect completion. Task Z - donlify Existing Denton Growth Manaoement T hex nl°uea Meet with City of Denton Department Heads to Inventory and examine the current growth management system utilized by the Cry of Denton. This would Include both components of the growth management system - Decision Guides and Action Instruments. Examples of Decision Guides Include land use polides, plane, Nicy 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 facilitler,, schools); and incentive and disincentive programs (such pricing policies for utility services and preferential taxation). The heads of the Planning; Parks; Utilities; Economic Development; Electric, Drainage and Environmental; and Transportation Departments will be Interviewed Indivlduary 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. r Task 8 - Identify Growth Management Techniques Utilized by Other Communitles 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 B cities In 'texas and/or the Untied States that are relevant to the Denton experience and could be used as models for a Denton strategy Determine if enabling legislation exists for each potential strategy to allow utilization in Denton. Idenllfy other growth management system tools that are available to the City and not currently being utilized Task 4 • Community Survey - Growth Mansoemertt With City staff coordination, prepare a general survey to solidt opinions on growth models, strategles and other growth issues from a broad sample or Denton residents and businesses in the Study Area The City will print end distribute the survey In the Cry's newsletter and on the Cry's websde, and coiled the completed returned surveys for the Consultant to summndze the results. 10 MOW" D Task 6 - Prepare Overlay Mans for Preferred Scenario Discussion Develop a series of 20'x42' registered overlays to utilize in review meetings with Cdy Staff and Qy Council Work sessions identified In tasks 8 and 9, The following coverages will be included: • 3 and 5 mile ETJ; , • City Limit; • CCN Boundaries; a School District Boundaries; • Major Roadways; Flood Plains; • Existing Land Uses; • Emerging Trends and Characterizations, • Composite Suitability, Task S - Develop Draft Preferred Orowth and Goy lloopman 8 en rl Based upon the Information learned from the COmmL nity Survey, and from the City Staff direction, the Consultant will develop a graphic of the Draft Prefer rod Growth and Development Scenario (or hybrid of alternative scenarlos) considering the following factors: • The Draft Growth Management Strategy; • Existing land use patterns; • Population capacity; • Desired densities of future development; a Commercial and Industrial growth, determining the probable ammint of developmt M as n function of population and policy; and, a Transportation corridors, Indicating corridors needed to serve the development pattams Implied by the preferred scenario. Task T - Day-slop Draft Growth Management SGaltay Develop a Draft. Growth Management Strategy designed to achieve the desired objectives of the City, as identified In Task 1. The strategy will be in a written format and will address both Decision Guides and Action Instruments, and would recommend new Ideas as well as revisions to the City's current growth management system, and will explore the legal Issues associated with the strategy. Task S - Review Meeting with City Staff 10pdonall Present the Draft Preferred Growth and Development Scenario and the Draft Growth Management Strategy to the City of Denton Department Heads at the consultant's office to answer questions or concerns prior to Community Workshop 01, i Task Q -City Council WorksssNon Brtafing lOptlor al Present the Draft Preferred Growth and Development Scenario and the Draft Growth Management Strategy to the Denton City Council at a worksesslon to answer questions or concerns prior to the Communty Workshop I Task ~ommunity Workshop A workshop will be held at which the Consultant will present the Craft Growth Management Strategy to solicit public input. Thla workshop may be a joint meeting of the Council, PAZ, and the Clty's Economic Development Foundation, The City will be responsibte for advertising the workshop In advance using the local paper, the O 0 local cable public access channel, utility bills, the stakeholder network, end other methods, Advance + information should also be made available to the Council and PAZ in their briefing packets psis to the ; workshop, i I I 11 f n`,, - rf Sly a 32 x~C~ i o aei1" U I~ r w Task 11 - Develop Final Pre errad_Growth and DwelopmeM Scenario Based upon the information learned from in Community Workshop 1, and from the City Staff direction, the Consultant will develop a graphic of Ih,% Final Preferred Growth and Development Scenario considering the h following factors: a The Final Growth Management Strategy; Existing land use patterns; Population capacity; • Desired densities of future development; Commercial and Industrial growth, determining the probable amount of development as a function of population and policy; and, Transportation corridors, indicating corridors needed to serve the development pettems implied by the i preferred scenario. Task 12 • Develop Final 3rowth Management Strategy Based upon the oommerns recelvbd In Community Workshop 1, finalize the Decision Guides and Action Instruments to Incorporate Into the Final Growth Management Strategy. The Final Growth Management Strategy will be prepared as a summary of wrifien recommendations with tables and charts as required to fully explain the strategy. k Task 12 - Identify Growth Management Strategy Implications k Review the Final Growth Management Strategy as K relates to the adopted Denton Plan Polo Documents and identify areas of Incompatibility between the two documents. Teak 14 - Ravlaw Matins with City Staff 1Ggtlo-n#j1 Present the Final Preferred Growth and Development Scenario and the Final Growth Management Strategy to the City of Denton Department Heads to answer questions or ooncems prior to presentation In City Council Worksesslon. Task 15 - City Council Worksession Briefing Present the Final Preferred Growth and Development Scenario and the Final Growth Management Strategy to the Denton City Council at a worksesslon to answer questions or concerns prior to the public hearing to consider the adoption of the scenario and strategy. jask 1t3 - Flnaf Revlelon3 Based upon comments received In the City Council Worksession briefing, make final revisions to the Preferred Growth and Development Scenario and to the Growth Management Strategy prior to the public hearing. • Task 11 • Growth Management Straiten Adoollo 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 pub'lo hearing format. The City will be responsible for advertising the hearkg in advance using the local paper, 'he local cable public access channel, utility bills, the stakeholder network, and other methods. Advance Information would be prepared by City staff and be made ava liable to the Council In their briefing packnts prior to the hearing. Task 1E - Draft Summary Repo orb The Consultant will prepare 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 ^+rategy. Computer disks with the Information wilt be made available to the City for modification and incorporation into the final Comprehenslve Plan Report by City Staff. 12 32x MINE 0 FOAMIUM O Apet+da Ila AGENDA INFORMATION SHEET Datr_ t3-i5-9sb_ AGENDA DATE: August 26'',1998 DEPARTMENT: Planning & Development , CM1UDCbI/ACM: Rick Svehla SU JK ECT Receive a report, hold a discussiin, and give staff direction regarding possible affordable housing exemptions to the WaterfWastewater Treatment Impact Fees. BACKGROUND The Denton Capital Improvements Advisory Committee, appointed as per state law, recommended approval of the WatetfWastewater Treatment Impact Fees on July 8ei, 1998, requesting that the City Council consider impact fee exemptions for infrll/affordable housing where the where the impact fees are greater than S(Plo of the appraised value of the lot. Staff believes that impact fee exemptions, if made available by the city, can serve affordable housing objectives more effectively by employing more specific performance standards (as opposed to an appraised value standard), such as those identified in Attachment N1. As the standards become more ectailed, administrative compI:xity and expense increase, which can be a drawback to the simplicity involved in using the appraised lot value standard. Community Development staff are available to handle limited affordable housing exemptions tasks without the need for additional resources. A small-scale approach to allow City Council the opportunity to gauge the success of Rveal impact fee exemptions is recommended if Council chooses to use the attached exemption approach. Imoect F alt ost As proposed, impact fees for community-wide water and wastewater facilities will be charged to all new development based on the size of the water meter required to provide water service for the development. The fees have been calculated as the "net cost per service unit," and if adopted without changes, would be assessed as follows: Maximum Impact Fee: Water Production 52,044 per SFE• Maximum Impact Fee: Waste Water Treatment S 554 ner_SFE Maximum Water/Wastewater Impact Fee 52,598 per SFE I Singte Family Equivalent: SW e are converted to equivalent meter sizes. When a certain size meter is selected for any development (homes, apartments, or nonresidential), the impact fee Increases In proportion to meter size and capacity to use Water or dispose of wastewater, Municipal Authority r Municipal authority to waive impact fees for affordable housing is found in two sections of the Texas 0 Local Government Code. ~'r} i. A city may reduce or waive an impact fee fur affordable housing under Section 393A16(g) of the Texas Local Government Code: 1 10 32XIO 0 0 M Section 393.016(g). Notwithstanding Subsections (c) - (e) and Section 395.017, the political subdivision may reduce or vswlve an impact fee for any service unit that would qualify as affordable housing under 41 U.S.C. Section 12743, as amended once the service unit is constructed. 2. A city may waive development-related fees for economic development programs under Section 380 of the Texas Local Government Code: 1 Section 380.01. Economic Development Programs. (a) The governing body of a { municipality may establish and provide for the administration of one or more programs, including programs for making loans and grants of public money and providing personnel andservices orthe municipality, to promote state or local economic development and to stimulate business and commercial activity in the muntctpality. Also, Section 395.016 of the Texas Local Government Code governs the collection of impact fees: (c) for land that is platted before the adoption of an impact fee, an impact fee may not be collected on any service unit for which a valid building permit is Usued within one year after the date of adoption of the impact fee. (d) for land that is platted t e the adoption of an impactfee, an Impact fee may be collected at either the time of recordation: of the subdivision plat or connection to the municipal water or sewer system or at the time of issuing a building permit or certificate of occupancy. The implications of the collection regulations are twofold: (1) affordable housing projects built on lots that are platted before September 15'h, 1999 (or one year after impact fee adoption) are exempt from impact fees through state law; and (2) affordable housing projects built on lots that are exempt from platting requirements can also be interpreted to be exempt from impact fees for one year. Therefore, most affordable housing lots will not require city exemptions during the 1998-99 fiscal year, especially if intended to serve infill objectives. ESTIMATED SCIIMLLPF PRQJECT i Staff is prepared to present the contents of this report to the Dentoa Capital Improvements Advisory Committee on Wednesday, Aas st 2e, 1998. Committee comments would then be available for the September I 1998 City Council impact fees public hearing. The date scheduled for the adoption of 4 the impact fees ordinance is September 1311, 1998. PRIOR ACTIO,V/REVIEW • The Denton Plan Policies, adopted on Aptil 7`~, 1998 contain the following relevant housing policies: 1. Existing housing stock, particularlvfor affordable housing should be protected and preserved to at-old the loss of dwelling units that are unlikely to be replaced. 1. Incentives should be Investigated to encourage Infrll housing construction, especially in conjunction with low income and minority nelghbnrhood revdtali:ation plans, 'I 3. Ctty review and inspection fees should be reviewed to determine tf changes could be mode to • ease affordable home construction costs. Such an etaminarion should be undertaken only if O honefrts areputsedon to homebuyers. Soon after the Policies ttere adopted, Planning staff presented affordable housing information during a i May 20% 1998 City Council work session. Council decided to take no action a! she time, preferring to wait until information regarding the extent of proposed impact fees was available. the prevailing 2 - i r' 321 E) mom k. • 0 , Balm tJ ; 'AMN s sentiment of the Council was to wait until the comprehensive plan is completed before a formal affordable housing program is considered. FISCAL INFORMATION Several options are offered regarding the poss'ble number of affordable housing impact fee exemptions that could ba offered by the city during any given fiscal year. Staff will prepare an ordinance containing the options preferred by City Council, but recommends a slow and careful approach to the exemptions. The Community Development Division staff can handle limited administration responsibilities regarding the exemption qualifications and standards without the need for any additional resources, but would appreciate the opportunity the handle all requirements properly on a small scale at first, Upon a favorable performance review by City Council, the availability of exemptions could be extended beyond the 1998.99 fiscal year. The relative value of one SFE exemption is $2,598. Converted to meter size, with SFE equivalents, the following table indicates the impact of different exemption options: Water Meter Equivalent Value o Size SFE's per Meter Exem tion* 518" or 3!4' 1.0 2,598 2.3 6,49 1 1 1 / .0 -TTU99-0 2' 8.0 20,884 16.0 $41,5681 4' 25.0 $64,9501 fi8wn auume on o I c cu at cost per 1"Vice I Although the SIFE for a 2" water meter is 8 single family homes, a 2" water meter could support more than 8 multi-family louts and result in equal or less water and wastewater consumption as compared to the impact of a fewer number of single family homes. ~lII N ITS ' Attachment #l: Draft Affordable Housing Impact Fee Exemption Standards Attachment #2: Summary of Austin Fee Waiver Policy Attachment #3: Summary of San Antonio Affordable Housing Incentive Program Attachment #4: Qualifying Income Limits for City of Denton Impact Fee Exemptions IIUD Fair Market Rents for th. Dallas - Fort Worth Area • Attachment #5: Tentative Not-for-Profit Affordable !lousing Construction Plans For Display at the August 25a 1998 work session: Appraised Lot Value Map (Large Scale) Respectfully Submitted: David M. HiII i l Director of Planning and Development I ~i 7 ' w' ;~•tr v t 0 Attachment #I Draft Affordable Houslne Impact Fee Exemption Standards Prepared for A ugust 25'4,1998 Denton City Council Revinv Affordable Housing Impact Fee Exemption Standards are established: 1. To reduce the housing cost burden for low and moderate income households; 2. To provide home-ownership opportunities for low and moderate income households; and 3. To stimulate redevelormeni of older, established neighborhoods through in-fill development. Definition Affordable Housin¢: Housing for low-income households that costs less than 301/9 of household income. Low.-Income Household: A household that has an annual Income less than 80% of the median household income for the Dallas - Fort Worth metropolitan area, adjusted for household size, as per the applicable federal definition (41 U.S.C. Section 111411. In-Fill Development: Development that has access to existing collector or arterial roads and existing water distribution and wastewater collection systems. Elderly IlousehQW: A household that has a person aged 63 or older as a resident of the household. pis bled Household: A household that has a disabled member as a resident of the household. Adminislrall n The City of Denton Community Development Division will administer the Exemption Standards program, and is authorized to collect any information necessary to determine compliance with the Exemption Standarde requirements, 1J J gwmpsion Standards [Qptlans are pYkvA1S3ibrg s 1] I A. Oplalined Construction Construction qualified for exemption status includes: ❑ New Owner-Occupied, Single-Family (lousing, or ❑ New Renter-Occupied, Elderly or Disabled Multi-Family Housing, or 0 Both. A H, OudHied (kcupanls Occupants qualified for exemption status Include: i 0 ❑ Low-income households (see Attachment M4), or ❑ Low-income elderly or disabled households (if multi- family exemptions are available), or ❑ [loth. CUualllled Developer Developers qualified for exemption status include: 0 Private, for-profit developers that meet the exemption standards are eligible to receive C Impact fee exemptions in the form of post-construction reimbursement, or ❑ Not•ror-profit developers that meet the exemption standards are eligible to receive Impact fee exemptions in the form of pre-construction waivers, or ❑ Both. 4 - p l 32x111 1 A W NW= U ual gd Areas Areas eligible for exempt housing units include: ❑ Any property subject to City of Denton Water/Wastewater Treatment Impact Fees, or ❑ Any property located within the City of Denton, or ❑ Any property located within a City of Denton CDSd "target" area, or ❑ Any property located inside the City of Denton, within the area bounded by University Drive on the North; Mayhill Road on the East; 1.35E on the South; and 1-35 on the West. E. Maximum Housing Cos Housing costs may not exceed the following levels to qualify for exemptions: ❑ jiousingPrice of Owner-Occupied Single Family Units, ❑ $75,000 per unit, or ❑ $80,000 per unit, or ❑ Price cap of unit tied to the annual requirements of the City of Denton Homebuyer's Assistance Program adminislered by the Community Development Division of the Planning and Development Department. (in 1998.1999 the price cap is $77,500), or ❑ !lousing Cost of Renter-Occupied Units, ❑ Total housing costs must be less than 30°/o of 80% of median household income, adjusted for household size, or ❑ Total housing costs may not exceed the fair market rents established by HUD for the Dallas - Ft. Worth area (see Attachment q4), or ❑ M (if both single family and multi-family units are considered). D' Aft Unl( Jl gngevlly Dwelling units must provide benefits to qualified occupants in the following manner: ❑ Single family dwcllin its; Qualified owner occupants must maintain ownership and reside in the unit receiving the exemption for a minimum period of 3-15 years, secured by a lien on the property, or ❑ Multi- familydwelling units; Qualified new construction ehall meet maximum housing cost requirements for a period of 3.15 years, monitored by the City's Community Development Division. U, A%N11ab1111y of Exemptions The City of Denton shall limit the availability ofexemptions. The basis of availability shall be " the fiscal year, from October 1'% 1998 to September 301^, 1999. ❑ !Number of Units. ❑ 20 single family equivalents (SFE's) during a trial 1998.99 fiscal year, with no commitment to continued availability without Council reauthorization, or ❑ 70 to 30 single family SFE's per fiscal year, or ❑ 5%- on, of all building permits issued the prcvlOUS )car, Or ❑ 20.3' single family SFE's and 20.30 multi-family SF E's per fiscal year, or ❑ a combination of the above. O ❑ Alppli an i it • ❑ SFE exemptions will be available on a first-come, first-served basis, or ❑ SFE exemptions will be available on a first-come, first served basis, Ilalf (50"0) of the exemptions will be reserved for not-fur-profit developers, and h,If (50"/0) of the exemptions will be reserved for private, for-profit developers. 3 INIXI 10 32 X I 0 ANN" o OXONS • I Attachment 02 Summary of Austin Fee Waiver Policy min Qua I } ng k.•, Non profit or for profit developer Developers Qualifying ? Units that are; UaitstProjeets ' • approved for assistance under a program funded with CDBO and/or HOME,or • approved for assistance under a program administered by the Austin Housing Finance Corporation, or approved under selection criteria for non-&misted affordable housing units established by the Office of Neighborhood Housing and Community Development. Type of housing Newly constructed single family home or multifamily housing unit. Service Popolatloo Families below 808/o of the area median income (CDBO & HOME eligible). Unit must be sold or rented to households in this income range. Geographic Arts Within the corporate limits of the City of Austin Process Written application and competitive selection process. Application must be submitted to the Office of Neighborhood }lousing and Community Development. Enforceable obligation (deed of trust, promissory note, c1c.) is established. Developer has I S months to comply with requirements orcapital recovery fee must be paid. Fee Ioctotive 1001/10 exemption Vol( Cap 500 units annually t Other Requirements Units must comply with criteria for habitability, affordability, accessibility, water conservation, energy efficiency and other requirements. • ~ p1 • 6 { I 0 320NIO s WON" o , Attachment #3 Summary of San Antonio Affordable Housing Incentive Program The program authorizes rebates and'or waivers of water and sewer impact fees for developments meeting criteria described below: I I i ua ng on-prod or or-prod aDevelopers +43 Qualifying Units with sales price of • Units where gross rents do UnitalProJecb $75,000 or below, not excecd 30% of gross family income for low income families, and t: • Projects constructed using Federal, State or loca! 110-ding, or a Privately financed projects with 25% rent restricted for j low income for 5 years Service Population Families below 80% of the Same area median income (CDBO & HOME eligible) Geographic Ara Inside Loop 410 Same Process Submission of an application Same and includes monitoring to the Housing and of developments rot Community Development compliance. Non-compliance office for opproval by results in penalties equal to the Housing Task Force. Must original impact fee plus document sales price and interest, target area. F Fee Incentive 1000/6 waiver to non-profit 100% waiver organizations. 100% rebate to rot-profit developers. • Other Requirements Speculative developments None must consult with • community based and neighborhood organimflons 1 f 32 x~~ amnrnrs 0 ,re!s;ras Attachment 04 Draft Qualifying Income Limits* for City of Denton Impact Fee Exemptions Household 80% Area Size Median Income 1 $30,450 2 $34,800 3 $39,150 4 $43,500 3 $47,000 t 6 $50,500 7 $53,950 8 $57,450 • From federal guidelines (HUD) HUD Fair Markel Rents For the Dallas - Fort Worth Area Number of Fair Market Bedrooms Rent (monthly) 00 (efficiency) 1 • The Denton Housing Authority has Indicated to city nsfrthat these figures are high for the tkntun area and may rwd to adjusted downward. DI IA Intends to conduct a survey of rents In the Denton area to determine appropriate fair market rents. 1 8 i Ire 32x10 ~ I 1 I\ I' S ' L r 0 t i 1 . e J x ~I I ~ 1, r Attachment NS ' r Tentative Not-for-Profit Affordable Housing Construction Plans I As per it Council Member inquiry, the extent of not-for-profit construction planning in Denton: ; Habitat for Humanity - A Habitat spokesperson stated that they plan to construct 8.10 single family homes during the next two to three years. Based on past experience, at least a few of the selected sites will have to be platted. Denton Affordable Housing Corporation (DAHC - DAHC Indicated that a Mockingbird single-family construction project will have 20 to 24 homes. The Mockingbird site is not currently platted. DAHC has also applied for funding to complete 8 units (four duplexes) on two different sites to serve persons r with disabilities. These sites are platted lots in existing neighborhoods. EairoW Retirement Village -Zoning was recently approved for 40 low income elderly multifamily units one manager apartment). The site has not yet been platted and will probably not be platted j before September 1S°, 1998. 1 Pebblebrook Apartments • A Planned Development for 250 low Income multifamily apartments wait approved in March 1998, and the final plat for this project was approved the same month. i x r e .p i r ~ a : sy i d 4, 9 I 1,M z s, . f r zxI0 32XIC1 A . a Aqunda Ne AGENDA INFORMATION SHEET 0ate. AGENDA DATE: August 2S, 1998 r DEPARTMENT: Solid Waste ACM: Eloward Martin, Assistant City Manager/Ulilities 349-82321 SUBJECT: RIiC'FIVF A REPORT, HOLD A DISCUSSION AND PROVIDE STAFF DIRECTION CONCERNING A PROPOSED ANIENDMFNT TO THE SOLID WASTE ORDINANCE RFLAIINO TO UNAUTHORIZED USE OF SOLID WAS" IF CONTAINERS. DISPOSITION 01 BULKY HOUSEHOLD FILMS, ADEQUACY OF SOLID WASEE: SERVICE:, C'ONTAKIINATION OF RFCYCLINO SILTS, AND PROVISION OF PENALITIFS FOR NON-COMPLIANCE, I BACKGROUND: Last year Officer Greg Iledges of The Denton Police Department contacted Cecile Carson of Keep Denton Hcautiful and the Solid Waste staff to discuss efforts to improve the quality of life in the Ossslcy addition. Officer fledges ssas especially concerned about bulky household items being constantly placed around solid waste dumpsters. A wriev of meetings was held, which included officer ]ledges and other officers irtvohed with community policing in the Owslcy Addition, along with Code Enforcement, Solid Waste, and Keep Denton Beautiful Contamination of recyclir.g sites, unauthorised use of solid waste containers, and adequacy, of services scam identified s other significant problems needing attention. Ordinances from other muvcipalitics acre examined and the matter was taken to the Public Utilities Hoard. I he Public Futilities Hoard &Noted a number of meetings to examining the issues, 'hhe product ol'thi% process is the proposed ordinance, which is enclosed as an exhibit, • the ordinance makes it unlawful to dispose of solid waste in the container of another without authorisation unauthorised use of someone else's dumpster is theft of service, but our existing ordinmtces do not clearly state that it is unlawful,* This provision remedies that situatit'n and enables issuance ofcitations for violations. he ordinance makes it unlawful for' bulky household items" to tx placed around a solid wnsta container for more than 48 hours. The Solid Waste Department will provide a monthly hand O , collection of these itemm for a fee of aI U :ach. Multi-Family customers may call the Solid Waste Department to request the monthly collection. Additionally, residents may bring their bulky household items to the Landfill for disposal at no charge, " Most dumpsters have always had a sticker stating, 'Not for 1' blic Use." 1 ~ ~ 32XIO l t I. 1 f r PI ~ i • O r Memo-City Council j Solid Waste Ordinance Amendment i ` The ordinance more clearly defines adequacy of solid waste collection services by providing that it is unlawful to place solid waste in, on, or near a solid waste container in a manner that does not allow the lid of the container to completely close. Additionally, the ordinance provides for e notification process in which the person who pays the solid waste charges is given a written warning of the violation. A second notice consisting of a warning by cenificd mail will be sent and upon the third violation, the Solid Waste Department will automatically increase the level of service. Citations can also be issued for non-compliance if necessary, The Solid Waste Department has experienced considerable problems at the various sites consisting of contamination of receptacles such as persons throwing in windows, windshields, dishes etc. Into the glass bins, which are clearly labeled for glass containers only. There have been problems with persons leaving regular household solid waste at the sites, and numerous other incidents involving items being left, which are obv'lously not recycled or recyclable. This ordinance makes this act unlawful and authorizes issuance of citations to offenders. FISCAL IMPACTt No significant increase in cost is expected because of the incentive for customers to transport their household items to the landfill, This will reduce the existing level of effort in collecting and disposing of these items. T he fee for collection should offset cost of monthly collections, and increases in service level to obtain adequate service are self-supporting. Considerable advertising of the new policy and procedures will be incurred but this is expected to be olt'set by better compliance. Respectfully submitted: Charles Watkins, Director Solid Waste f f;xhibils #1: Ordinance 02; Commercial Survey #J; Extra Empties 04; Furniture Collected l t G eYC'.C11 tl S at I PtAmrrkM UHM) CCal Aug 71 ('C'krlN'.MkJmmeeAmroJn.m6w 2 , jr, , 32 x Q 2b x 10 . M-~- -AM . o oaa.asr ID 1 ORDINANCE NO.. AN ORDINANCE OF THE CITY OF DENTON, TEXAS. AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON REGARDING SOLID WASTE: AMENDING " SECTION 24.2 TO PROVIDE A DEFINITION FOR "BULKY HOUSEHOLD ITEMS". AMENDING SECTION 24.5 TO PROHIBIT THE USE OF ANOTHEWS SOLID WASTE CONTAINER WITHOUT CONSENT ; AMENDING SECTION 24-6 TO PROVIDE STANDARDS FOR THE PROPER DISPOSAL OF SOLID WASTE IN A SOLID WASTE CONTAINER : PROVIDING FOR A SEVERABILTTY CLAUSE', PROVIDING FOR A SAVINGS CLAUSE: PROVIDING FOR A PENALTY CLAUSE: PROVIDING AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION. i THE CITY COUNCIL OF THE CITY OF DEMON, TEXAS HEREBY ORDAINS'. ^ SECTION] . That SttUon 24.2 or the Code of Ordinances emitled "Definitions" shall be amended to add a definition for 'bulky items" which shall read as folloo s'. Hulkc hou mhold items mcam any household item that will not fit inside a solid u asle container when the fid on the solid waste container is closed. SECTION IL That Section 24.5(a) of the Code of Ordinances shall be amended to read as ratio%%% Sea 24.14, Disposal of garbage, trash or rubbish only to authorized bcations. (a) tt shall be unlawful for any person to dispose of garbage, wash or rubbish in any place to the city, other than as provided in this chapter or authorized by the city. No person shall place am solid waste in the solid waste container of another. unless authorized to do so by the person or pemns who pay the charge for solid waste collection semen SECTION 111. That Section 24-6of the Code of Ordinances shall be amended to read as fol lows' Set 241-6. Receptacle (orlrash and rubbist. (a) Ever)' owner, (xceuparu. tenant or Ictsoe using or occup)ing any building house or structure within the corporate limits of the city for residential or commercial purpossy shall provide and maintain suitable containers or reccptxles of sufficient sloe and number to hold the gatbago. wash and rubbish is Rich accumulates on the premises (b) It shall be unlnwiul to plan solid waste Ut on. or near a solid waste conainer in a manner dmt does not allow the lid of the solid waste container to compldely close with all the solid waste completely within the container. It shall be a deferise to prosecution under this soAion I the solid waste placed next to the container was a bulky item u deftnod in Section 244, and if the bulky item was placed rte.d to IM container lots than forty-eight hours before the time designated for pick-up of bulky E household items f i (c) It shall be unlawful fat any person who pays the charge for solid waste container senice to allow bulky items to saumulate around the person's solid waste container for more than fortytight hours. (d) Tine first time subsection (a)• (b), or to) I s violated by an indMduai or a business, the Q i city may scud out a written warning notiAing the person wbo pays the solid warts charge Thal if the n iolatioro are repeated ihon the icy el of senice may be au:omaucalls Increased at the cost of such person. If the indmidual or business i f 3 32 x i ❑ 9 'I 0 { OWN • I I violates subsection 1a). (bl or 1c; a second lime within sit months of the fiM siolation. the city may send out cemftod mail notifying the person who pays the solid waste charge that if a siolation occurs a third time. then the Icvel of scnir e sill be automatically increased. If the ir4Nidual or business violates subsection (a), (b) or (c) a third lime within sit months of the first etiolation and if two warnings were sent to the person who pays the solid waste charge, the Icvel of senice Play be automatically Increased, The w nner, warnings and increased Icvei of senice are ' remedies in addition to any criminal prosecutions which may be brought under this ordinance (e) Except as otherwise providod in this chapter. plastic bags designed for garbage, trash and rubbish disposal that meet standard city specifications an! having a capacity of not more than forty (40) gallons shall be used and placed on the curb or alley and suitably protected from animals and vermin. All bags shall be securely tied or otherwise have all openings securely closed paper bags designed for garbage disposal and possessing characlerislics appmed In' the Director of Solid Waste as beiag equal to the pluk bags described in this subsection or otherwise specified by the city may be permitted % hen placed on the curbline and properly protected Other conuaiass or zocepucles may be used where otherwise permitted under this chapter (1) The crty shall furnish one hundred four 1104) bags each year per Indlsidual family unit and may make available for We additional bags to citizens of the cov at locations designated by the city (g) The cortenis of trash or rubbish receptacles shall be secured so that neither the wind nor animals can sutler trash or rubbish over the premises or over the streets or alleys of the cur'. Q,NJS Thar Section 24.71 of she Code of Ordinances shall bv added and shall read as follows: Sec. 24.71. Disposing of recyclabk materials It shall be unlawful for a person to place any non-recyclable solid waste a my recycling receptacle of to (cave any non-recticlable solid waste on a rccyclingsite, r SECI IO V-V An utdividual or cnuh siolation the pnnisions or this ordinance: shall be guilty of a misdcmeana and ptrnishod by a firm lux to "cecd Fhe Hundred dollars ISS00 W) g1ON Vl, That this ordinance shall be cumulative of all aha ordinances or the city of Denton shall not repeal any of the pro+isiold of said ontirnances exayt in those instances where PMisfuns of those II , ur&nvnon are in direst conflict with the ptvsisions of this ordinance e fCMI VIl TU if in any sectbn subsection puagraph semerm clausm, phrase or wad in this athnance. or application thereof to any person or chmnstancc Is held imahd by any court of competent jurisdiction. rich holding shall rnot affect the validity of the remaining portions of this ordinance. and the City Council of N City of Denton Tcus hereby declass it would have enanod such remaining portions despite in such imalichi I ' SECpO~1 f That ft orcknanrx shall become effaUve fourucn l14'• days fnrn the tills of its passage, and ft City Secretary is hereby diredW to cattle the caption of this ordinance to br published twice in p the Demon Aarord-Orval ie. the ol9cial ncwspopcr of the City of Demon. Teva& within ten (10) days of the 41 s* date of its passage. ;•.,w 31:x' l % , PASSED AND APPROVED ibis the _ day Of 1998 LACK MB LER. MAYOR ATTEST. JENNIFER. WALTERS. CRS' SECRETARY BY: APPROVED AS TO LEGAL FORM. k(ERBERT L. PROUFY. CITY ATTORNEY f.' BY; R\s~1GLIIII Docuu usl0rdinvroa19 SSchooV*ne ORD doc rn 0 5 , t, x 2 f) 32. x- 0 =awexw • i Commercial Survey Extra Empties, Bulky Item, Brush & Overflow January -98 Denton Carrollton Ft. Worth Garland Grapevine Richardson Extra Empty _ Yes Yes No Yes Yes Yes Cost One free $25.00 per Customer $27.06 per gate varies $30.00 per empty per empty. They must wait empty. based on the empty. month per only serve until next container customer apartments schedule size. then varying using Side empty. rete based on load container size containers. Dulky Item Yes _ No Yes* No No No __Frequency Weekly Monthly llrush Yes No Yes No No No +4 a Frequency Weekly,- Monthly O+"erllow__ No No No No _ No No (Rubbish around container) Door hanger Y Nodfy Customer "Phil Massey' of Ft. Worth says that they provide once or tAlce per year brush collection at no charge. For bulk), items there Is a ~ minimum $42 fee plus s61cu. yd. for each cu. yd. over 2. 25 32X10 p } ,may EXTRA EMPTIES NOT CHARGED 2 YARD 3 YARD 4 YARD 6 YARD 8 YARD i OCT 96 2 19 11 5 12 NOV 96 2 17 4 3 5 DEC 96 4 14 4 10 3 JAN 97 4 15 4 6 13 FEB 97 1 12 4 4 6 MAR 97 2 14 6 8 8 APR 97 1 23 2 11 10 MAY 97 9 28 7 6 9 JkNE97 5 26 13 12 11 JULY 97 4 20 11 17 12 AUG 97 2 26 12 15 16 S1:PT 97 5 24 8 11 8 $492.00 $4,284.00 $2,150.00 $3.780.00 $5,085.00 $15,791.00 EXTRA EMPTIES CHARGED 2YARD 3YARD 4YARD 6YARD 8YARD OCT 96 0 3 2 0 NOV 96 0 10 1 4 2 DFC 96 0 7 E 0 0 JAN 97 1 0 0 2 1 IED97 0 0 0 0 0 A MAR 97 0 0 0 0 0 MIR 97 0 0 0 0 0 MAN' 97 0 18 3 4 7 JUNF, 97 0 1 1 3 1 JU1.1' 91 2 8 0 2 4 AU6 97 3 12 0 20 8 SH'i 97 8 5 I 12 6 $168.00 $1.152.00 $225.00 51.645,00 $1,350.00 $4,540.00 Nole: Current Policy Is to proiide one free empty per month. This practice sill be discontinued %kh adoption of ordinance. 7 MOM ~r, :?c? x 1❑ 32x10 fi ~ L • Q 1 1 i SOLID WASTE DEPARTMENT Commercial Division Furniture Items Collected 450 400 350 300 250 200 - - - 1- _ 150 i • LL 100 _ i ~ 111 l j c1d, opt DAN h 10 32XIO A MI•Y • raas.a 0 CITY OF DENTON, TEXAS Rnance Departnam' ' 215 E MdO nay ' Denton, Texas 76201 Telephorte (940) 348.8288 ' DFW Metro (972) 434.2529 ' FAX (940) 349.7789 Date: August 21, 1998 To: Honorable Mayor and Members of the City Council From: Kathy DuP.:-e, Assistant City Manager of Finance RE: Recommended Hotel Occupancy Tax (HOT) Allocations The City Council Hotel Occupant' Tax (HOT) Committee has formulated a HOT allocation recommendation, and has asked staff to prepare two fundirg scenarios for consideration. There were a total of sixteen applicants requesting HOT funding. Both scenarios inckde funding all applicants except the Main Street Association and Parks and Recreation Department's Civic Center renovation project. The Committee suggests that Council consider other sources of funding for these projects. Included in both scenarios is funding to conduct recipient audits and continued funding of civic Center operations associated with events attracting out-of-town visitors. All existing recipients are proposed to receive at least the current contracted level of funding and most are proposed to receive more. Most first-time recipients are proposed to receive funding at their requested levels. You may recall from a prof Council meeting that current recipients receiving funding for three years or more will be gra,'•d a three-year contract. Funding for others will be considered on an annual basis. Three recipients, the Convention and Visitor's Bureau (CVB); the Greater Denton Arts Council (GDAC); and the North Texas State Fair Association (NT Fair), are proposed to receive three-year contracts. • Both funding scenarios provide these three recipients increased HOT funding each year of the contract period, while the City receives an increase in the amount available for alternate purposes. Both scenarios anticipate a 109'e growth in HOT receipts each year. Scenario A (attached) allows the CVB, GDAC, and NT Fair to receive 3°0 growth each year over the 1998-99 base year of the contract. The remaining 7% 1 of the anticipated growth would be available for alternate purposes. ~ p S i °D dwafedfok%dfy Cervire 2.5 x C} 32 X I O . r y I 1 O • IHotel Occupancy Tax Allocations Page ? Scenario B (attached) allows the CVB, GDAC, and NT Fair to receive 5% growth each year over the 1998-99 base year of the contract, and the remaining 5°16 of the anticipated growth would be available for alternate purposes. i Per Council's direction, staff will have contracts drafted for approval. New contract terms will begin January 1, 1999 and, in the next few weeks, staff will. ask Council to approve existing contract t extensions to December 31, 1998. This will allow recipient quarterly reports to snatch actual allocations beginning with the new contract tern. 1 s ~ I hope this infortnation is helpful. Please contact me if you have any questions. KD, ms Attachments c: Ted Benavides, City Manager Mike Jcz, City Manager Designate r~ C ' s i { A+ t. 25 x p 32 X I O 0 o Recommended Hotel Recipient Allocation - Scenario A (3% Annual Allocation Growth) FY 97.98 FY 98.99 FY 98.99 Carry FY 98.99 FY 99.00 FY 00.01 Recipient/App " Call, Contract Re uest 1 Pro sod Forward Bud at Pro sad Pro osed gg- Convention 8 Visitor's Bureau 255,674 305,406 268,458 9,880 278,338 276,512 S 284,807 Greater Denton Arts Counca (2) 101,700 107,000 106,785 3,513 110,298 109,989 113,288 North Texas State Fait 74,580 100,000 78,309 3,293 81,602 80,658 83,078 Civic Center Operations 75,000 75,000 75,000 75.000 75.000 75.000 Council Discretionary 15,538 32,984 32,984 353,241 428,767 Denton Festival Foundation 40,000 50,000 50.000 50.000 Black Chamber of Comm. 6,000 7,500 7,000 7,000 _ Hispanic Chamber of Comm. 3,200 11,400 5,000 5,000 Donlon Holiday Festivat Assoc. 3,000 3,000 3,000 3,000 Scholars Phair 10,000 14,750 10,000 10,000 Teias Slog4elling Assoc. 25,000 25,000 25,000 25,000 Courthouse on the Square 69,064 69,064 69,084 Denton County Hist. (Kiln) 35,000 35,000 35,000 Denton Cty Mist (Carriage House) 37,500 Denton Air Fak 8,400 8,400 8,400 Main Street Assoc. 13,357 Denton Comm. Theatre (2) 10,000 10,000 10,000 Chile Center Renovations 80,000 External Audit 30,000 30,000 30,000 SuaT"flu 809 892 1982,377 $111114.221 6 688 a30 N $895,400 $984L-9.40 0 Organizations Not Requesting FY 98.99 Funding Denton Cy Amphitheatre 3,000 Hist. Society of Denton Cly 5,000 , Donlon C Hist. Museum 60,308 Total 678 000 $992,377 $814,000 $16.686 830 886 895 400 984 940 e (1) Source. Hotel Tell RecVent Application s ,i • (2) Suputadon In GOAC 97-M contract war to prnvlde $5,000 to Denton Comm. Theatre. 1999 request incWes $11,000 for grants (rat spelled for the Theatre), Selby House Moving Reimbursement ($72,700) to be paid In FY98.99. j to ckneyville Project ($4,000) to be paid in FY97.98, I ASK 32XID 0 ao Recommended Hotel Recipient Allocation - Scenario B (5% Annual Allocation Growth) FY 97.96 FY 98.99 FY 98.99 Carry FY 96.99 FY 99-00 FY 00-01 Recl IenVA Iicant Contract Re uest 1 Pro sod Forward Bud et Proposed Proposed Convention & Visitor's Bureau 255,874 305,406 268,458 5 9,880 278,338 281,8°3 295,977 Greater Denton Arts Copncil(2) 101,700 107,000 106,785 3.513 110,298 112,126 117,732 North Texas State Fair 74,580 100,000 78,309 3.293 81,602 82,226 86,337 Civic Center Operations 75,000 75,000 75,000 - 75,000 75,000 75,000 Council Discretionary 15,538 32,984 32,984 344,165 409,894 Denton Festival Foundation 40,000 50,000 50,000 50,000 Black Chamber of Comm. 6,000 7,500 7,000 7,ODO Hispanic Chamber of Comm. 3,200 11,400 5,000 5,ODO Denton Holiday Festival Assoc 3,000 3,000 3,000 3,000 Scholars Phair 10,000 14,750 10,000 10,ODO Tejas Storytelling Assoc. 25,000 25,000 25,000 25,000 Courthouse on the Square 69,064 69,064 69,064 Denton County Hist, (Kiln) 35,000 35,000 35,000 Denton Cty Hist (Carriage House) 37,500 Denton Air Fair 8,400 8,400 8,400 Main Street Assoc. 13,357 Denton Comm. Theatre (2) 10,000 10,000 10,000 Civic Center Renovations 80,000 External Audit 30,000 30,000 30000 6ubToUl =609 692 962 371 614000 16660 630 de 69! 400 964 910 `s { Organizations Not Requesting FY 98.99 Funding Denton Cty Amphitheatre 3,000 Hist, Society of Denton Cty 5,000 Denton C Hist. Museum 60,308 Tote( (676 000 982,377 $814,000 (16,668 630 686 89! 400 3964 910 4, (1) Source Wei Ta. Redporil AWIcaGons (Z) Stipula9on In GDAC 97-9a contract was Io provide 15.000 to Denton Comm, Theatre. + 1999 request Includes 18,000 fix grants (nol spea%d lar U Treatre) i Selby House Moving Reimbursement ($72,700) to be paid In FY98.99, Pickneyvllle Project ($4,000) to be paid in FY97.98. 32 X r { 'ice l/ 1 ' CITY OF DENTON, TEXAS Finance Department ' 215 E. McKinney • Denton, rexss 78201 Telephone (940) 349.8288 ' DFW Metro (972) 434.2529 ' FAX (940) 349.7789 Memorandum TO; Honorable Mayor and Members of City Council FROM: Jon Fortune, Director of Management and Budget a DATE: August 21, 1998 SUBJECT: RESPONSES TO BUDGET ISSUES Y PIease find attached the latest response to Council's questions regarding Consumer Health Fees. Also attached is a revised Capital Improvement Program and recommendations for hotel occupancy tax allocations. These items will be discussed at the August 25'x' Council Meeting. If you have any questions, please contact me. Thank you, JF/Ith cc: Ted Benavides, City Ma gager Mike Jez, City Manager Designate Kathy DuBose, Assistant City Manager of Finance Howard Martin, Assistant City Manager of Utilities Herb Prouty, City Attorney s[ 1 • i j I y f > i E "Ik~Jin+laJta l~,](ily Cain" ~ i x 10 32 10 r ~ '4 d„P tl a 1 I ~ i~w , i 0 w ; r . r r 1 TABLE OF CONTENTS AUGUST 11, 1998 1) Consumer Health Inspections r 2) Building Inspec tion Fund 3) Drainage AUGUST 18, 1998 j r 4) Consumer Health Fees AUGUST 25, 1998 5) Consumer Health-Grocery Store Inspection Fees b) Capital Improvement Program 7) Hotel Occupancy Tax Allocation Recommendation r.r .j.,l h j a k 10 32XIO r~ ' RleeelCi Ar r - C 5 1 r i ` I CITY OF DENTON, TEXAS Finance Department ' 215 E, McKinney • Denton, Texas 70201 Telephone (940) 349-8288 • DFW Metro (272) 434.2529 ' FAX (940) 349.7789 Memorandum TO: Honorable Mayor and Members of City Council FROM: Kathy DuBose, Assistant City Manager of Finance DATE: August 19, 1998 SUBJECT: CONSUMER HEALTH FEES In response to City Council's request, on August 19 staff presented an option that would eliminate the proposed Building Inspection franchise fee and reduce the proposed restaurant and con-eniemc store inspection fees. At that meeting, staff was asked to revise the proposal to include a reduction in proposed grocery store inspect ion/ fee.. Proposed grocery store inspection fees can be reduced to $450 from $575. The reduction in grocery store inspection revenue will allow restaurant inspection fees for restaurants less than 2000 square feet to be reduced to $310 from $375 and for restaurants more than 2000 square feet to be reduced to 5485 from $575. The above proposed fees will have no net effect on the Building Inspection Fund. If you have any questions please contact me. 'thank you. KD/Ith 1 1 1LSJ,Cof.,) w h!i•If IN Seri i., - - - 25 x 10 32 x~❑ !yr r%Y.K.lx~ Q I r CITY OF )ENTON, TEXAS Finance Department ' 215 E. McKinney ' Denton, Texas 76201 Telephone (940) 349-8288 ' DFW Metro (972) 434.2529 ' FAX (940) 349.7789 MEMORANDUM TO: Honorable Mayor and Members of City Council FROM: Kathy DuBose, Assistant City Manager i DATE: August 19, 1998 SUBJECT: PROPOSED CIP REVISIONS The Proposed 1998.2003 Capital Improvement Program (CIP) was presented to Council on June l6, 1999. The 1998.99 Proposed Budget presented to Council on July 31. 1999 incorporated several changes associated with the transfer of Drainage operations to the W'astavater Fund. Attached you will rind a revised General Fund Cl." that intrudes stafFs proposal to incorporate additional projects made possible through the transfer of the Drainage CIP to Wastewater. As?ou can see tie total C!P amount remains the same, but additional funding was allocated to Transportation. Facilities, and other projects, Also attached is a revised Water and Wastewater CIP. As >ou may recall. the Proposed Budget included the accelerated completion of bcth the Water and Wastewater treatment plants. The attached Water and wastewater CIP reflect this change. Attachment: E 1M ra . ~ r R 1 e O Jt;,l:,rt;f la hinlrrfb ::!t ~'d" ~ i i .~~~t 2 5 10 32x1d [A 1 I ~ 1 ! 1. i O r ' 5 L 4 of * _ i 1996.2003 CAPITAL IMPROVEMENT PLAN (REVISED) GENERALGOYERNMENT TOTAL R BOWAJID AID TOTAL OM1. Eg61e40 AUTI4 UNl11RN. OTHER CITY Na PROJECT ND YEAH DIWMM PROJECt NAMB 107fA UN13SWO 1M16SU10 FUN004 CONS?. COSTS ItsINT. I 96.98 006301D Parks Upgrade Existing Perks PH IV 700.000 100.000 700.000 000 98-99 M05D Perks ANleic F4cllities R rvivalions 6 Devskoromrs PH II 500,000 500,000 600,000 9699 006306 Perks Soul6 Lakes Park PH 11 Development 650,000 850000 650,000 63,DOO 96.99 006315 Parks Udwirsily Drive Landscaping 249,000 249,000 249,000 498.000 9899 006325 Parks Alnlellc field Additions 8 Improvements 800.000 BOO, D00 500,000 96 99 0067:6 Parks Fulure Indoor Recuealron Facility 500,000 500000 500,000 96.99 008327 Parks Perk)L&ary Expansion 600,000 BOO, D00 600,000 100,000 4699 0010108 Trans Vdllowwood Paving B Drainage 10pw Iq 675,000 975,99 875,000 98 99 0010116 Trans Sou1n Rudder SIral Sidewalk 88,000 88.000 88,000 9699 0010132 Trans Mapnduloop 268 Connector Road 745,000 746,000 745,000 95 99 0010136 Trans Roselawn Paving (Renard to Cemelery) 250,000 230,000 250,000 9699 0010138 Trans Aerial turn Lanes PH 11 267,000 287,000 287,000 9599 0010742 Trans Jim Crytlal Bridges 200,000 200,000 200,000 96.99 00101489 Trans Loop 26811-35) to Teasley 250,000 250,000 250.000 95 99 001015C Trans SrdewalkVIE keways PH III 142,090 142,000 142,000 98 99 0010778 Trans Traffic Signal PH 11 325,000 325,000 325,090 9899 001022D Trans Street Construction PH IV 450000 450,000 450,000 9699 001022E Trans Street Connlvdion PH V 379,040 319,000 379,000 _ D8 99 001022E Trans Street Construction PH V 240,000 240,000 240,000 98 99 001083 Trans Rmey Road Fit" 140,000 140,000 140,000 9899 001097 Trans Mine Rd From MayNiA to Ryan Enlann 300 000 300000 150,000 450000 GRANOTOTAL 249,000 1,221000 0 0 8,70.000 399,000 6,689,000 157,000 r 1 t'~~ 25 xa 32x10. 0 1 I I i 1998.2003 CAPITAL IMPROVEMENT PLAN (REVISED) GENERAL GOVERNMENT TOTAL DaIMO1 RIOUIRIO AID TOTAL OPEAATEWTING AUTK UkAUTN. 011410 CITY IN PAORCT AND YEAR DIVAMPT AAOIECT NAME llONUE ~UE0 UNI{EVEO eUNpNO CONIT. Costs MANR. 992000 DOf O-1500 irar; Luw Js 5pur~Phasel 2!2",000 2,425,000 2.125.000 99 2000 63NA Pads Ek spnCronslnxt phase I of the Civic Center Ps,k Maoist Plan 350,000 350,000 050,000 99-2000 000203 BuIIdrEQulp iutws Balding Needs _ 1000,000 1,000, DOD 1,000000 0 7775,000 0 0 3,775, DOD 0 3,173.000 0 . o , u l 1998.2003 CAPITAL IMPROVEMENT PLAN ,IREVISEO) GENERAL GOVERNMENT TOTAL I~~1 RlOUIRlD AID TOTAL OPlRAf. !X181010 Aum UNAUTH OTHER CITY nJ FROJtCT Ah0 YEAR Dn71DE►T PROJECT NAME WNDI WN SUND UNINUID F"NO CONIT. CO/1! MAINT. 2WO 01 00101508 Tuns Loop 2555w prim to ll 075,000 975,000 97!,000 200001 001090 Trans Mockingbird Lint Connectlon 200,000 210,000 200000 2000 01 0010 109 Trans Mockingbird Line (Mingo to Audrm) 790.000 790,000 790 000 2000 of 0010559 Trans Slumrt Rd E Traff i Signals on FM 421 740,000 750,000 750,000 400007 67700 Parks Cordlnum DesigwConsbuclion CMc Center Puk Mar qr P4n 410,000 410,000 410,000 2000 01 00^201 Suild+Equlp Future Bullding>Equipmenl Needs 991,000 901,000 991,000 0 1,116,000 0 0 1,114000 D 4 , 116.000 U I I . J%; 10 f O , 1 I : 1998-200 CAPITAL IMPROVEMENT PLAN (REVISED) GENERAL GOVERNMENT REQUIRED AA TOTAL OPERA?. EXIII'M AUTN. UIIAUTN. OTHER Cm M RAWEC7 AND YEAR DIVUPT MOUlCI NAME *ON" UNOIUED UM5IUED FUNQINQ CON ST, _COSTI MAINT. i 2001 02 0010.119 Trans Int#0mn94s.L oop 288(SIwrl E Ninps Rm).Land $50,000 650,000 550A o 2001-02 D010 151 Trans 6175E MsTNR to ITS 571 900,000 90u,00O NOW 2001 02 0010 88 Trans VMSI AWsor (OOmN Bras to HbAle) 454TA0 154,000 481,000 200102 DO 10 22(P1 Trans MiscaAanaous Street Conslwdion 178,000 175,000 175,000 2V:l*2 50d1K Parks Continue Des*Kofisiucllon Civic Canter Park Mosier Plan 525,000 525,01DO 825A0 2001 02 D00205 806fqulp Fkd%oo OulldulplEqupment Weds 1,520,Ofd 1520000 1,520,000 0 4455.000 D 0 41•455A00 D 41,155.000 0 i 1 I ~ r11 + ror+w,rw• v t 'lo C3 x 32X r 4nmaaw , O Ins _ y O i 1998.2003 CAPITAL IMPROVEMENT PLAN (REVISED) GENERAL GOVERNMENT TOTAL IYE9b1 R/OUIRID AID TOTAL OPEMT. Ilofma AvrK UNAUM OTHER c" I MOJlCT AND IYEAR WVAX 1 PAW"T NAMI WADI UNULAD UNISSUED FUNOW0 OONITCOfif IUIINT, 2002-03 001013 Tram Wesl AirAirpoA freeway (Loop 288 Wos) 1,000.000 1.000.000 1,000.000 200203 001015101 Trail Miscellaneous SdewaRe 100,000 400,000 4W D0 200203 001022(G) Trans Miscellaneous Streets 600000 800,000 80,000 200202 00101T(D) crane Miscebyaus TuRd 51nals 300,000 300,0 300,000 2002 03 6130D Parks Complete De spn'Construcllon OAC Carter Pal Mosier Plan 400,000 40,000 40 D00 200203 000206 BwdiEqulp Future BWdingXgc6pmen1 Needs 2,034,000 2,034000 2,054000 _ 0 4,934,000 0 0 4,934,00 0 1,934.000 0 l I i I I• rM y 1 i r i it i 1 q 32 x~Q t ' o S 1 5 I 1 1998.2003 CAPITAL IMPROVEMENT PLAN (REVISED) GENERAL GOVERNMENT TOIAL M Rl01RR00 A10 T01AL OPEMT E WM AVM VNAVM OTHER City IN PROA^.CT AND LR DIVA 101 PROACT NAM! 1111OND6 11111!!11!0 UNI!!U!0 FUNDING OONlT. colts I MAINT. 2003-04 Trims US 77 From US 360 to IHII 1.000000 1,000,000 1,000,000 2003-04 TrN» Eagle DrNs P#Anp)Cenol to Anew E) 1,300,000 1,600000 1,60!,00 2003 04 0010221F1 Trans MifceAeneow Street Conetrudw 250,000 250.000 260,000 2003.04 6035 Parke New Perks and Greenbelt Oenkpmenl 673.000 675.000 575,000 200301 00207 Bu,4/Equlp Future Buildlrp+Equprnenl Needs 2,260,000 2,260000 2,260.000 0 5,565,000 0 0 51651000 0 6,565.000 0 to i 1 ri r 2x 25 31Q 0 ~..r.......:.....M..~n.YnfnN~......r~... nw:osvr,M.f„I:•Yw'MM•.uN.PA.hVV.~11~.~AYhYrY'V!'.NMYwYnwwan~xv.n.r:...w•n.~...n ..r~ar~.r~. a.....~..... a. ......~..~...--...e ..-....~.a. a.~w..... , 1999.2003 CAPITAL IMPROVEMENT PLAN CASH REQUIREMENTS WATER UTILITY x 1000) GROUP roaw u w ' ASSIGNMENT i NUMBERS" CATEGORY loot 2000 2001 2002 2003 TOTAL 1 New Water Plant/Trans Line $410 $7,952 $11,512 $7_,613 $0 $27,487 2 Booster Station 70 4,900 5,380 697 0 11,047 3 Elevated Storage 850 2,340 700 0 0 3,890 4 Distribution System Upgrade $60 1,560 1,800 1,058 659 5,937 5 Replacement Waterlines 465 343 357 345 300 1,830 6 Field Services Replace Waterlines 200 200 200 200 200 1,000 7 Development plan Waterlines 250 250 250 250 250 1,250 8 Oversize Waterlines 100 100 100 100 100 500 9 Taps, Fire Hydrants, and Meters 356 337 337 360 360 1,750 10 Tools and Equipment 137 137 204 76 90 644 11 Capital Constucton Reserve 250 250 25U 250 250 1,250 12 Communicators and Control 204 0 0 0 0 204 13 Office FurniturelComputedEquipment 18 13 11 14 11 67 14 Miscellaneous 0 0 0 0 0 0 15 Regulatory Disinfection Modifications 0 $97 1.094 3,792 0 6,583 16 Water Plant Improvements 410 35 10 10 10 475 y ' 17 State Highway Relocations 1,236 613 0 _0 0 1,849 85,838 $19,927 123,008 $14,785 $2,230 $85,763. Bond Fund $4,301 $18,382 $21,434 513160 $759 $58,116 Current Revenue 1,459 1,477 1,485 1,405 1,371 7,197 i Aid In Construction 76 88 86 100 100 450 1 Grand Total X5,8 19,927 23,IS S-$147`85 $2,230 $65,703 ••..a.+~ssMew¢a,4vNwxnso uwroa.m.WOCIP Fw,bmomu,. 106w 1 i } 10 1Ah r o ; f 1998.2003 CAPITAL IMPROVEMENT PLAN (REVISED) WATER UTILITY TOTAL t;OqTCA4LL PROJECT 90N0 CURRENT UTILITY A104H NUMBER OA CESCW►ifON FUND REVENUE REVENUE CONST 99-0450.01 13 (R) Micellaneous Office Equipment)Furniture 10 $3 $3 So $3 99-0450-02 13 ;R) Miscelleneous Office Machines 0 2 2 0 2 TOTAL 1190-1991 WATER ADMINISTRATION $0 $5 $S $O $5 99.0460.02 13 (R) Office Furniture and Equipment 0 2 2 0 2 99-0460-03 10 (R) Tools and Equlpmenl 0 5 5 0 5 99-0460.04 16 (R) Chemical Feed and Process Control Equipment 0 10 10 0 10 99-0460-05 16 IR) Dist. Control upgrade For Plant Filters 200 0 200 0 200 f 99-0460-06 16 (T) Var. Freq Drive For Lake pump Slabon 200 0 2nD 0 200 1J1 99-0460-07 12 IR) Mofarola MCS 2000 Base Unit 0 2 2 0 2 99-0460-08 12 (T) Replace Scads System 175 0 175 0 175 99-0460.09 3 (0) 2 MO Elevated Storage Tank 600 0 600 0 600 99-0460-10 2 IG) 1 MG Fleveted Storage For Upper Plane 250 0 250 0 250 99-0460401 + (G) Rey Roberts WTP and Raw Water Facilities (196E) 210 0 210 0 210 99-046CA03 2 (0) Booster Station ca System Tie-In 70 0 70 0 70 99-0460002 1 (G) FmisheC Water Transmission Line (1991) 200 0 200 _ 0 _ 2001, TOTAL 1990-11199 WATER PRODUCTION $1,905 119 $1,924 $1 $1,924 i 99-0461.01 N (G) Oversize Wafedmes 5100 90 $100 90 $100 ^ 99-0461-02 13 (R) Office Furnituro and Machines 0 1 1 0 1 99.0461-03 9 (0) Water Tops, Loops 0 66 66 76 142 99-0461.04 10 (R) Miscellaneous Equipment 0 00 30 0 30 99-0461.05 5 IR) Replace Waterline-Westwood 0 15 15 0 15 99-0461.06 6 (R) (1999) Field Services Replace Water lines 200 0 200 0 200 99-0461.08 7 IG) Development Plan Waledines 0 250 250 0 250 99-0461-09 17 (S) Stale H9hway 77 Relocation 616 0 616 0 616 99.0461-10 5IR) Replace Waterline-Archer Trail 0 100 100 0 100 1 99.0461.11 12 (N) Radios 0 12 12 0 12 f 99-0461.12 11 (k) Capital Construction Reserve 0 250 250 0 250 1 e 99.0461G72 17 (S) State H9hway 380 Retoation-Middle East 620 0 620 0 620 99.0461J05 5 (R) Replaoe We )nine-Westchester 0 232 232 0 232 99-0461J07 5 (R) Replace WaterfineSandpiper 0 138 138 0 138 4 99 0461J12 4 (p Drslribution System Upgrade (Bernard) 860 _ 0 _ 860 0_ 650_ 1 TOTAL 1999.1911 WATER OISTIBUTION 92,308 91,094 93490 976 93,566 J kl v. 32 x L~ e 0 1998.2003 a9PITAL IMPROVEMENT PLAN (REVISED} WA TE R UTILITY TOTAL TOTAL FISCAL PROJECT BOND CURREKi UTILITY AID IN vEAA NLWER OA DESCRIPTION FUND REVENUE REVENUE C_O_NST COST L9.0462-01 9'(R) Water Meters so $180 3!80 s0 $180 99-0462-02 13 (R) Office Furrdlure and Machines 0 1 1 0 1 99-0462.03 10 (S) Miscellaneous Equipment 0 62 62 0 62 99-0462-04 13 (R) Office Machines 0 1 1 0 1 99.0462-05 9 (R) Replace Fire Hydrants and Valves 0 34 34 0 34 99-0462-06 12 (R) Radios 0 15 15 0 15 TOTAL 1120.11911 WATER METER REPAIR s0 $313 $313 $0 $313 99-D463-01 10 (S) Fold Equipment to $1 $1 $0 61 99-D463-02 13 (R) Office Equipment & Furniture 0 1 1 0 T 99-0483-03 13 (T) Office Machines 0 5 5 0 5 TOTAL 1195-1991 WATER ENOINEFRINO SO 17 $7 s0 $7 99-0480.01 10 (R) Lab Equipment $0 $4 $4 $D $4 99-048002 13 (T) DY tnNrmahon MGMT System 0 2 2 0 2 99-0480-03 10 (R) Laboratory Equipment 0 15 15 0 15 TOTAL 1118.1199 WATER LABORATORY s0 $21 $21 s0 $21 GRAND TOTAL 1996.1991 WATER DEPARTMENT $4,301 $1,459 $5,760 $76 $5,8361 00.0450-01 13 (R) Miscellaneous Official Equ.pmentffurniture s0 $3 $3 s0 $3 0 00-0450.02 13 1R) Miscellaneous ORrce Machines 0 2 2 0 2 TOTAL IM9-2000WATERADMINISTRATION $,1 $5 55 so $5 i DO-0460-01 15 (S) Ozonation ISpencer Plant) Disinfeclant System $397 s0 $397 $0 $397 DO-0460.02 13 (R) Office Furniture and Equipment 0 2 2 0 2 DO-046003 TO IR) Tools and Egwpmenl 0 5 5 0 5 00.0460.04 16 (R) Chemical Feed and Process Control Egrupmenl 0 10 10 0 10 • 00.048005 16 (1 Replace Existing Chemical Storage Tank 0 25 25 0 25 000460-07 2 (0) Booster Slaton For The Upper Plane 60 0 60 0 60 00-D460-08 15 (0) Chlonnabon System Gas Scrubbers 500 0 500 0 500 MD46CA01 1 (G) Ray Roberts WTP and Raw Water Faalares (1988) 3 560 0 3.560 0 3 580 00-D46CA03 2 (G) Booster Station and System Tie-In 4,840 0 4,640 0 4,840 00.046DC02 1 (0) Firwshed Water Transmission Line (1991) 4,372 O 4.312 0 4 372 00-0460106 3 (0) 2 MG, Elevated Storage Tank 1,450 0 1,450 0 1,450 00.046OK10 3 (G) 1 MG Elevated Storage For Upper Plane 890 _ 0_ 890 0 890 _ TOTAL 1991.2000 WATER PROOUCTKA 516,069 -"1? $16,131- S0 616131 _ pro 32X1 El Y . +ePPAR l o e*A~~. 4 I I 1998.2003 CAPITAL IMPROVEMENT PLAN (REVISED) WATER UTILITY TOTAL TOTAL FISCAL 1 PROJECT BOND CURRENT UTILITY A104N YEAR NUMBER CA DESCRIPTION FUND REVENUE REVENUE CONST COST 00-0461-0t 8 (G) Oversize Walerlines $100 s0 $100 $0 $100 DO-046102 13 1R) Office Furniture and Machines 0 1 1 0 I 00-0461-03 9 (G) Water Taps. Loops 0 72 72 88 166 00-0461.04 10 (R) Miscellaneous Equipment 0 30 30 0 30 00-0461-05 5 (R) Replaca Waterlines-Ranch Ealsles 0 25 25 0 25 00-0461.06 6 (R) (20001 Field Servkes Replace Watertines 0 200 200 0 200 DO.0461.07 5 (R) Replace Waterlins Amnnllo 0 11 11 0 11 00-046I-W 7 (G) Development Plan Walerbnes 0 250 250 0 250 04-046109 4 (f Distribution System Upgrade (Loop Zee) 126 0 126 0 126 DO-0461.10 4 (1) Distribution System Upgrade (HWY 3771 75 0 75 0 75 00.046142 I I jRI Cli Construction Reserve 0 250 250 0 250 00-0461G12 17 (S) Slate Highway 380 Relocation-Middle/East 613 0 613 0 613 00.0461)12 4 (1) Distribution System Upgrade (Berns rd) 859 0 859 0 859 DO-0461K05 5 (P) Replace Waterlines-Oakwood 0 307 301 0 307 00-0461K09 4 (S) State Highway 77 Relocation 500 0 500 0 SOO TOTAL 1919-2000 WATER DISTRIBUTION $2,273 $1,146 $3,419 $88 67,507 DO-D452-01 9 (F) Water Meters $U Will $134 $0 $134 00-0462.02 13 (R) Office Furndurs and Equipment 0 1 1 0 1 DO-046203 10 (S) Miscetlaneous Equipment 0 62 82 0 e2 , 00-0462-04 13 tR) Office Machines 0 1 1 0 1 A 00-0462-015 9 (R) Replace Fire Hydrants and Valves 0 43 43 0 43 TOTAL 1iN 2000 WATER METER REPAIR 10 $261 $261 $0 $261 00.0463-01 10 (S) Field Equipment s0 $1 $1 s0 $1 00.6483.02 13 (R) Office Equipment " Furnifire 0 1 1 0 1 TOTAL 1111-2000 WATER ENGINEERING $0 $2 Jy 52 $0 $2 i S 00.0480-01 13 (T) Div Information MGMT System 10 $2 $2 s0 $2 00-0450-02 10 (T) H P liquid Chromatograph 0 14 14 0 14 00-0480-03 10 (R) Laboratory Renovsbon 0 5 5 05 TOTAL 1111-2000 WATER LABORATORY ~s0 $21 $21 ' $0 $21 i GRAND TOTAL 11q-2000 WATER DEPARTMENT $18,362 $1,471 579.839 $88 $19,927 it i i 32 X ~i ~IMSHL o , , 1998.200 CAPITAL IMPROVEMENT PLAN (REVISED) WATER UTILITY TOTAL TOTAL FISCAL PROJECT BOND CURRENT UTILITY AID-IN YEAR NUMBER OA DESCRIPTION FUND REVENUE REVENUE CONST COST 01-0450-01 13 (R) Miscellaneous Office E(twipmentilFwmilure so $1 $1 $0 $1 01-D450-02 13 (R) Miscellaneous Office Machines 0 2 2 0 2 TOTAL 2000.2001 WATER ADMIN)STRATION $0 S3 t3 $41 ~ $3 01-MO-02 13 (RI Office Furniture and Machines s0 12 32 s0 $2 01-0460.03 10 (R) Tools and Equipment 0 5 5 0 5 01-0460-04 16 (R) Chemical Fec! and Process Control Equipment 0 10 10 0 10 01.0460.06 10 (T) Parliclo Counters 0 70 70 0 70 01.04BOA01 1 (G) Ray Robertes WTP and Raw Water Faalities (1988) 7,140 0 7140 0 7,140 01-046OA03 2 (0) Booster Station and System Tie-1n 4,640 0 4,640 0 4,840 01-0460002 1 (G)Finished Water Transmission Line (1991) 4,372 0 4,372 0 4.372 01.0460108 3 (G) 2 MG Elevated Storage T one 700 0 700 0 700 01-045OK01 15 (S) Ozonatlon (Spencer Plant) Disinfectant Sysem 1,694 0 1,694 0 1,894 01.046OK01 2 (G) Booster Station Fox The Upper Plane 540 0 540 0 540 TOTAL 2000-2001 WATER PRODUCTION $19,486 $87 $19.573 $0 $19,573 01-0461-01 8(G)Oversize Waterlines $109 SO $100 $0 $IDO 01-WI-02 13 (R) office Furnilurs end Machinee 0 3 3 0 3 01.046143 9 (G) Water Tops. Loops 0 64 84 Be 170 01.6161-04 10 (R) Miscellaneous EDUipment 0 30 30 0 30 01.0461-05 5 (R) Replace Waterlines-Ranch Estates ll 0 25 25 0 25 01.0461 DS B (R) (2001) Field Services Replace Waterlines 0 200 200 0 200 01-0461-06 T (0) Development Plan Waterlines 0 250 250 0 250 01-0461.12 11 (R) Capital Construction Reserve 0 250 250 0 250 01.0461.13 4 Ill Distribution System Upgrade (Ryan) 84 0 64 0 84 01.04611,09 4 (q Distribution System Upgrade (Loop268) 1,191 0 1,19+ 0 1,191 01.046100 4 11) Distribution System Upgrade (HWY) 317 $25 0 521 0 525 1 01-0461L05 5 (R) Repl" Waterlines-Ranch Estaes 1 0 191 191 0 191 { 01-0461L07 5 (RI Replace Waterlines-Ar ilo _ 0 141 141 0 141 10 TOTAL 1IM-2l WA TEN DISTRIBUTION _$1,900 $1,174 $3,074 $66 $3,160 fi, a 01-0462-01 9(R)Water Meters s0 $120 $120 s0 $120 01.0462.02 13 (R) Office Furniture and Equipment 0 1 1 n 1 01.6482.03 10 (S) Miscellaneous Equipment 0 50 50 0 50 01.00,62-04 13 (R) Office Machines 0 1 1 0 1 01.0462.05 9 (R) Replace Fire Hydrants and Valves 0 _ 47 47 0 47 TOTAL 2OW-2001 WATER METER REPAIR s0 $219 $219 so $219 I a a 1998.2003 CAPITAL IMPROVEMENT PLAN (REVISED) WATER UTILITY _ TOTAL -1yI TOTAL FISCAL ! fi PROJECT BOND CURRENT UTILITY AID-IN YEAR NUMBER GA DESCRIPTION FUND REVENUE REVENUE CONSTCOST 01-0463-01 10 (S) Feld Equipment $0 31 $1 $0 $1 01.0463.0; 13 (R) Off" EquipmentLand Furniture 0 1 1 0 1 TOTAL 2000-2001 WATER ENGINEERING $0 E2 $2 s0 $2 01-0400.01 10 (T) ICP Spectrometer 348 SO $48 s0 S48 TOTAL 2000-2001 WATER LABORATORY $48 s0 $48 so $48 GRAND TOTAL M00.2001 WATER DEPARTMENT $21,434 $1,485 $22.919 $85 $23,005 02-0450-01 13 (R) Miscellaneous Office EquipmenUFurndure $0 $1 $1 $0 $1 00-0450.02 13 (R) Miscellaneous Office Machines 0 2 2 0 2 TOTAL 2001.2002 WATER ADMINISTRATION s0 $3 $3 so $3 02.0460.02 13 (RIOffice Furniture and Machines s0 $2 $2 s0 $2 02-0460.03 10 (R) Tools and Equipment 0 5 S 0 5 02.0460-04 10 (R) Chemicel reed and Process Control Equipment 0 10 10 0 10 ` 02.0460A01 1 (GI Ray RoberlsWTPand Raw water FacibBes(1968) 7,140 0 7,140 0 7,140 ' 02-0460A03 2 (G) Booster Station and System Tie In 697 0 697 0 697 02.0460002 I (O) Finished Water Transmission Line (1991) 473 0 473 0 473 02-0460KDI 15 (S) Ozonalron (Spencer Plant) Disinfectant System 3,792 0 3,792 0 3.792 TOTAL 2001.2002 WATER PRODUCTION $12,102 317 $12,119 SO 312115 02.0461-01 0 (0) Oversize Waterines $100 s0 $100 $0 $100 02-0461-02 13 (R) Office Furniture and Machines 0 3 3 0 3 02-0461.03 9 (G) Water Taps, Loops 0 so 80 100 180 02.0461.04 10 (R) MIS*laneous Equipment 0 20 20 0 20 02.11461-05 S (R) (2002) Replace Waterlines 0 20 20 0 20 02-0461-06 ` (R) Field Servloes Reface Walerlines 0 200 200 D 2D0 • 02.0461-05 (0) Development Plan Waterlines 0 250 250 0 250 02.0461.12 11 (R) Captal Constructral Reserve 0 250 250 0 250 • 02-0461MO5 5 (R) Replace Waterlines -Ranch Estates II n 325 325 0 325 02.0461M13 4 (R) Distribution System Upgrade Ryan 1,456 0 1,058 0 1,058 TOTAL •01.2002 WATER DI3TRI6UflON f1,1 6 $1,146 $2.306 $100 52,406 02.0442-01 9 (RI Water Meters s0 $130 $130 s0 $130 02.0462-02 13 (R) Ofrce Furndurs and Equipment 0 1 1 0 1 02.0462-03 1U (S) Mrscellaneous Equipment 0 30 30 0 30 Aim 21-1f 32X 0 0 4 RTRR1a i 1 t 1998.2003 CAPITAL IMPROVEMENT PLAN (REVISED) WATER UTILITY _ TOTAL TOTAL rISCAL PROJECT BOND CURRENT UTILITY AID-IN YEAR NUMBER DA DESCRIPTION FUND REVENUE REVENUE CONST COST 020452-04 13'(R) Office Machines 0 1 1 0 1 02.0462-05 9 (R) Replace Fora Hydrants and Valves 0 50 50 _ 0 50 TOTAL 2001-2002 WATER METER REPAIR $0 $212 $212 $0 5212 02-0463-01 10 (S) Feld Equipment $0 so $1 s0 $1 02.046302 13 (R) Office Equipment and Furniture 0 1 1 0 _ 1 TOTAL 2001-2002 WATER EN91NEERING s0 $2 $2 $0 $2~ 02.0480-01 10 (T) Microscope oath FLoresconce ACCS s0 $20 $20 s0 $20 02-0460.02 13 (T) Div In lormation MGMT System 0 3 3 0 3 TOTAL 2001.2002 WATER LABORATORY $0~ $23 v$23 so $23 GRAND TOTAL 2D01-0002 WATER DEPARTME NT $13.260 $1,405 $14,b65 $too $14,765 03.045001 13 (R)Miscellaneous Office Equipment FL pilule $0 $1 $1 $0 $ 1 03.0450-02 13 (R) Miscellaneous OH~ceMacKnc, 0 2 2 0 2 TOTAL 2002.2003 WATER AOMINISTRATION s0 13 $3 $0 $3 03.0460-02 13 (R) Office Furnture and Machines s0 $2 $2 s0 $2 030460.03 40 (R) Tools and Equipment 0 5 5 0 5 03.0460-04 16 (R) Chemical Feed and Process Control Equipment 0 10 10 0 10 03-0460401 1 (G) Ray Roberts Wi°and Raw WaterFaciiilies OHS) 0 0 0 0 0 03-0460A03 2 (G) Booster Station bod System TeAn 0 0 0 0 0 03-04601002 1 (G) Fln;shed Water Traismission Line (1731) 0 0 0 0 0 TOTAL 2002.2003 WATER PROOLICTION s0 $17 $17 $0 $17 D3.046t41 8(0)Oversize Watedlnes $100 s0 $100 s0 J.00 i 03-0461-02 13 (R) Office Furniture and Machmes 0 3 3 0 3 03-0461-03 9 (G) Water Taps, Loops 0 do 80 too 180 Q 03-0461-04 t0 (R) Mocolloneous Equipment 0 20 20 0 20 03-04CA-05 5 (R) (2003) Replace Waterline 0 20 2,0 0 20 03-0461-M 6 (R) Field Services Replay Waterlines 0 200 200 0 200 010461-06 7 (0) Development Plan Watedines 0 250 250 0 2511 030461-09 4 (1) Distribution System Upgrade (Loop 268) 150 0 150 0 150 I. 03-0461.12 11(R)Copilot Construction Reserve 0 250 250 0 250 03-04 ftii 5 (R) (2002) Replace Waterlines 0 260 200 0 280 0.3.046IN13 4 (R) Distribution System Upgrade Ryon 509_ 0 509 _ 0 509 TOTAL 2002.2003 WATER DISTRIBUTION 1759 $1,103 $1,862 POO $7,962 NOW, r r i44. r t r r. 10 ~ + k : t woaRau+~ ~ . I, .n.naas s , 1998-2003 CAPITAL IMPROVEMENT PLAN (REVISED) WATER UTILITY TOTAL TOTAL FOUL FRt1 ACT NOW CURRENY UT,UTY AiD-04 YEAR "7eER ~ECRDTgN FUND REVENUE REVENUE CONtil COLT 03-4482-01 9 (R) Water Meim s0 $130 $130 SO $130 03-0462-02 13 (R) Ofte FumAureand EqulpmaPl 0 1 1 0 1 03-002-03 10 (S) M scellaneous Equipment 0 30 30 0 30 03-0462-04 13 (R) Office MaOines 0 1 1 0 1 03-0452-05 9 (R) Replace Fire Hydrants and Valves 0 50 50 0 50 TOTAL 2002-2003 WATER METER REPAIR 30 $212 $212 s0 9212 03-0483.01 10 (S) Fiek Equipment s0 $1 $1 s0 11 03-0463-02 13 (R) 01fcp Equlpmerd and Furniture _ 0 1 1 0 1 TOTAL 2002-0003 WATER ENOINEERINO 30 $2 ~$2~ $0 $2 03-3480-01 10 (r) Mass Spedomeler s0 $14 $14 s0 314 03-0460.02 10 (F) Laboratory Egr~"nt 0 14 14 0 14 03-04CO-03 10 (R) Lstloralory-FumaosrAC Unit 0 6 6 0 6 TOTAL 2002.2003 WATER LABORATORY 30 $34 $34 $0 $34 GRANOTOTAL 2002-2OOSWATER DEPARTMENT 3759 $1,311 12,130 3100 $2,230 's 4 ) I; r e 0 I rr~aaawr 1999.2003 CAPITAL IMPROVEMENT PLAN CAP,H REQUIREMENTS WASTEWATER DEPARTMENT is x 1000) GROUP ASSIGNMENT'' NUMBERS CATEGORY 1909 2000 2001 2002 2003 TOTAL T- a-WstewTP riTTmproveme- 7n4-- $M--f135--YT1II---56----SO` `---SJ95" 2 Wastewater Plant Expansion 1,040 6.000 6,000 0 0 13,040 3 LiRetslion Improvements 1,500 4 0 0 55 1,559 4 ColtedwSystem Upgrsede 0 0 C 0 0 0 5 Reptacemenl Sewer Lines 1,107 649 351 ':0 350 2,606 6 Developmenl Plan Sewer Lines 250 250 250 250 250 1,250 7 Oversize Wastewater Lines 1D0 100 100 100 100 500 8 Infltrat"Aliow 650 1,135 750 850 850 4,435 9 Tops 5G 50 50 50 50 250 10 Tools and Equlpmont 73 70 100 163 72 478 1' CapdalConstwAion Reserve 250 250 250 250 250 1,250 12 CommunlcoWns S Control 71 37 0 0 0 108 13 Once FumiturelComputerlEquipmenl 11 16 6 14 9 82 14 Miscellaneous 30 3D0 40 a2 10 462 15 Slate Highway Relocations 610 213 0 0 0 823 TOTALS: `_f4,OFf-f4,70T-111,009`12.129`Si,996"--`$27,438 BONOFUND • WWUTIUUTY $4,225 $7,448 $6,787 $875 $800 $20,135 CURRENT REVENUE • WW UTIL 1,823 1,711 1,169 1,204 1,146 7,053 AID-IN CONSTRUCTION-WW UTIL 50 50 50 50 50 250 WW UTILITY TOTALS -f6,091`T9,305-S8,a08- f2;T14 11;998-' ' 127,438- 16 Drainag9e Program $2,311 $2,000 $2.000 $2,000 $20000 $10,311 t90HO FUND • DRAINAGE 'Si,7ifi-12,000--12,,08_112,000 17;000 110,311 BOND FUND, TOTAL DEPT $6,536 $9,446 $8,787 $2,875 $2,800 $30,446 CURRENT REVENUE • TOTAL DEPT 1,823 1,711 1,189 1,204 1,148 7,053 I AID IN CONSTRUCTION TOTAL DEPT 50 50 50 50 50 250 j WW DEPARTMENT TOTALS -SR,40T -fit;204"-1116,001-$4,129-13,998"-`"537,149" i r ''Group assignment (GA) numbers s e used lot ldenlificalbn of CIP Pro}ecls by major category of expense I~ d 1 i i M,r ! ~ ~ 1'•n 1 L~~ 25M 2x~~ r 1 ` l 1 Aell/dll9 ' 1998.2003 CAPITAL. IMPROVEMENT PLAN (REVISED) WASTEWATER UTILITY TOTAL TOTAL FISCAL PROJECT BOND CURRENT UTILITY AID4N YEAR NUMBER OA D[SCI nON PVNU REVENUE REVENUE CONS? COST 99-0451.01 13 (R) Miscellaneous Ofiics EquipmenVFumiture 50` f3 S3 f0 S3 990451.02 13 (R) Ofoe Machines $0 $2 $2 SO $2 TOTAL 19:;-11"WASTEWATER ADMINISTRATION $o SS S5 SO S5 99-0470-01 12 (T) Lift Station Scads $0 $26 M SO $26 99-0470-02 1 (S) Process Improvement 0 35 35 0 35 99-0470.03 1 (T) Reformat AUdomatlc Samplers 0 49 49 0 49 99.0470-04 10 (T) Surveillance Camera 0 20 20 0 20 99-0470-05 12 (T) 7ransmi3Sl0n of Pont Scads 0 5 5 0 5 99-0470-06 12 (0) Plant Scads Reformat 0 20 20 0 20 99-0470-07 1 (S) Floe Split (Eleclrk Valve Aclivatx) 0 36 30 0 36 990470-DP 2 (S) WAITP Upgrade 21 MOO 1,040 0 1,041J 0 1,040 99.0470.09 1 (q Odor C00101 Improvements 0 30 30 0 30 99-0470.10 14 (T) Beneficial Reuse Pilot Plant 0 30 30 0 30 TOTAL 1990-1999WATER RECLWTION St0405251 51,29150 51.291 99.0471,01 7 (a)OversizaSewer i'ne11 5100 $O $100 $0 $ID0 99-0471.02 10 (R) Miscellaneous Equlpment 0 10 10 0 10 . 914-0471.03 9 (0) Sewer Tops 0 0 0 50 50 99.047104 6 (0) Development Plan Sewer Lines 0 2% 250 0 250 99-0471-05 12 (R) Radios 0 15 15 0 1L 99.0471.07 S (H)MmhoteRehabillation 0 150 IV, 0 150 99.0471 08 5 (R) Field Service SadtarY Sewer Replacement 0 50 50 0 50 99-0471.10 15 (R) HWY 77 Sewer LIN ReiOcalion'38010 1-35 400 0 4DO 0 400 99-0471.11 5 (R) Replace Sewer LMS-Undenvond Phase II 0 13 13 0 13 O 99.0471.12 11 (R) Capital Construction Reserve 0 250 250 0 250 • 99-0471002 5 (0) rfickory Creek Interceptor Crossinpa 0 500 500 0 500 C. . 99.0471011 15 JR) HWY 380 Sewer Los RekocaTom-Elm to Loop 286 210 0 210 0 210 99.0471 H10 5 (0) Replace Sewer lines-Archer frwll 250 0 20 0 250 990471105 9 (l) (1991) Upgrade Inlerceptot 8 lnfikrObOn Inflow ;orioction.Phsse II 700 0 700 0 700 99-0411111 5 1O) Replace Sewer Lines-Underwood Phase 1 0 294 294 0 294 99-0471J12 3 (1) Cwper Creek Lift Station 1.500 0 1,500 _ 0 1.500 TOTAL 1990.1959 SEWER COLLECWN (3.160 51,532 S<,892 _~r f4742 ~~s~~ 7 ti x I C~ 32 x D 1 t 1998-2001 CAPITAL IMPROVEMENT PLAN (REVI$ED) WASTEWATER UTILITY TOTAL TOTAL FISCAL PROJECT BOND CUPAENT UTIUTY AID4N YEAR NUMBER OA DESCNPTION FUND RE/FNUE REVENUE CONST COOT 99.0472.01 t0 Field Equipment $0 $3 $3 $0 $3 99.0472.02 13 (R) Office Equipment 8 Furniture 0 1 t 0 1 TOTAL 10,98.1999 WASTEWATER ENGINEERING $0 $4 $4 SO $4- M475-01 16 (N) CIA Street Drainage $480 SO $480 $0 5450 99.475-02 19 (N) CooperGeek Channel Phase II 5600 $0 $800 $0 5000 99.4.541 16 (N) Dallas Drive Drainage $80 50 580 $0 $80 99-475-04 19 (N) k acellaneous Drainage Capital Improvements Phase IV $125 0,0 $125 SO $125 99-475-05 16 (N) Miscellaneous Drainage Capital Improvements Phase V $250 s0 $250 SO $250 99.475-06 IS (N) Pace Drive Drainage $400 s0 $400 $0 5400 99-475-07 19 (N) South Lake Retention Pond $280 $0 $280 $0 $2GO 99.475-08 le (N) CarrollHkkory Curve Improvement Silo $0 $116 $0 $116 TOTAL 1"11.190,9 DRAINAGE $2311 $0 $2,311 $0 $2.311 99-D481-01 13 (N) Laboratory Data Protedlon s0 $9 $9 SO $9 99-0481.02 10 (N) Lsborelory Equipment 0 8 a 0 8 99-0481.03 10 (N) Labors ory Casework 25 0 25 0 25 99.0481.04 13 (N) Div Inlormalion MGMT System 0 2 2 0 4 2 TOTAL 1998.1999 WASTEWATER LABORATORY $25 $19 $44 $0 • 99.0483 01 10 (r+ Radiontr0de Monitor $0 S? 001 $0 $1 99-048202 12 (R) Portsole Radios 0 5 5 0 5 TOTAL 10,984999 WASTEWATER PRETREATMENT f0 0,12 S12 SO 112 GRAND TOTAL 1998.1999 WASTEWATER UTILITY 54,22! $1,823 $6,048 $50 $6,098 GRANDTOTAL 1914-1999DRAINAOE $2311 $11 $2,311 _ $0 $2,311 GRAND TOTAL 1998.1990 WASTEWATER DEPARTMENT u $6,536 $1,823 $8,359 $50 $8,909 00-D451-01 13 R) Miscellaneous Office EquipmenUFurniturs _-50 $3 $3 50 $3 00.0451.02 13 (R) Miscellaneous Office Machines $0 $2 $2 $0 $2 TOTAL 1999.2000 WASTEWATER ADMINISTRATION SO $5 $5 SO 35 1 w 1 J;7 X I ci 32 X N a.~rea 0 M s o 1998-2003 CAPITAL IMPROVEMENT PLAN (REVISED) WASTEWATER UTILITY _ t07AL TOTAL FISCAL f PROJECT BOND CURhENT UTILITY AIDaN YEAR NUMBER OA DESCRIPTION FUND REVENUE REVENUE CONST COST 00.0470.01 14 (R) Tubgrinder f0 $3U0 $300 $0 $300 00-0470-02 12 (T) Lr1% Station Scads 0 37 37 0 37 000470-03 I (S) Process Improvement 0 35 35 0 35 00-0470-04 3 IS) Lift Station Renovation 0 4 4 0 4 000470-05 1 (T) Ultrasonic Level Indicators 0 30 30 0 30 00-047006 1 (S) Fencing 0 55 55 0 55 DO-0470.01 I (R) Return Srudge Flow Meter Upgrades 0 15 15 0 15 00.047r)-KDO 2 (S) VNNTP Upgrade-21 MOO 6,000 0 8,000 _ 0 o,DDO TOTAL 1999.2000 WATER RECLAMATION $6,000 5476 58,478 SO E8,R76 DO-0471.01 1 (G) Oversiee Sewer Lines $1DO $0 5100 $0 $100 ,0-0471-02 10 (R) Miscellaneous Equipment 0 10 10 0 10 00.047103 9 (0) Sewer Tops 0 0 0 50 50 00.0471.04 6 (0) Development Plan Sewer Lines 0 250 250 U 250 000471-05 8 (1) Ill Corre,9ion-Middle Pecan Creek Basin 65 0 85 0 85 000471-06 B (1) Smoke Tesling-Hickory Creek 0 100 200 0 200 00-0471.07 8 (R) MANHOLE IMPROVEMENT 0 150 150 0 150 00.0471.08 5 (R) Field Service Sanitary Sewer Replacement 0 50 50 0 50 « 00.0471.10 5 (R) (2DD0) 3eplace Sewer Lines 0 15 15 0 15 00-0471-12 It (R) Capital Construction Reserve 0 250 250 0 250 00.0471011 15 (R) HM 380 Sewer Line Relocation-Elm to Loop 288 213 0 213 0 213 00-0471105 B (1) IA Correclion-weslern Pircon Creek Basin 100 0 700 0 700 00-0471K11 5 (R)Replace 5ewerLine 6UnderwoodPhaseI1 0 234 234 0 234 00-0471KID 5 (R) HWY 77 Sewer Line Relocation,-380 to 135 350 0 350 0 350 i TOTAL 1999-20^OSEWER COLLECTION $1,448 $1.159 $2.607 $50 $2,057 • 000472-01 10 (S) field Equipment t0 $3 $3 $0 $3 DO 0472.02 13 (R) Office Equipment and Furniture 0 1 1 0 1 vAi✓ 000472-03 13 (T) Office MJchines 0 5 5 0 _ 5 TOTAL 1999.2000 WASTEWATER ENGINEERING s0 __0$9 SO 0 DO 475-01 16 (N) Watershed PlanlOrainage Macler Plans $1,200 $0 $1,200 $0 $1,200 00-475.02 16 (N) Miscellaneous Drainage Projects $800 $800 s0 $800 TOTAL 1999.2000 DRAINAOE 12,000 $0 $2,000 $0 --52,000 2 D 0 o s 1998.2003 CAPITAL IMPROVEMENT PLAN (REVISED) WASTEWATER UTILITY TOTAL J TOTAL FISCAL 1 PROJECT BOND CURRENT UTKaTY A104N YEAR NUMBER OA DESCRIPTION _ FUND REVENUE REVENUE CONST COST W0481.01 13 (1) OW Information MGMT System $0 $2 $2 $0 $2 040481.02 10 (T) High Performance Liquid Chromalograph 0 38 38 0 38 TOTAL 1999.2000 WASTEWATER LABORATORY $0 $40 540 5o 546 00.0483-01 10 (S) Remote MonBonng Equipment 50 $90 1410 $0 $10 940483-02 10 (S) Pretr alment SamplingrSal+y 0 9 9 0 9 040483-03 13 (T) Div Information MGMT System 0 3 3 0 3 TOTAL 19994000 WASTEWATER PRETREATMENT $0 $22 $22 $0 $22 I DRANO TOTAL 1999-2000 WASTEWATER UTILITY $7,448 $1,711 $9,159 $50 $9.209 GRAND TDIAL 1999.2000DRA1NAGE 52,000 EO_ $2,000 $0 $2,000 DRANO TOTAL 19994000 WASTEWATER DEPARTMENT $9,448 $1,111 $11,459 $50 $11,209 01-0451.01 13 (R) Miscellaneous Office Equipment/Furniture $0 $3 $3 $0 $3 01-0451.02 13 (R) Miscellaneous Office Machines _ $0 $2 $2 $0 $2 TO'AL2000.2001WASTEWATER ADMRNRSTRATION SO $5 $5 $0 $5 01.0470-01 1 (1) Covered Storage Facility $0 $50 $50 EO $50 01.0470-02 1 (T) Road Paving 0 30 30 0 30 01-041003 t (S) Fe icing 0 30 30 0 30 01-047404 14 (1) Terragalor Dry Spired 0 40 40 0 40 01.0470-K08 2 (S) WM IP Upends-21 MGO 8,000 0 0,000 0 0,000 TOTAL 2000.2001 WATEk RECLAMATION $8,000 $150 $0,150 $0 58,150 a 01-0471.01 7 (0) Oversize Sewer Lines $100 $0 $100 $0 $100 • E1 01-0471-02 10 (R)Miscellaneous Equipment 0 10 10 0 10 01.0471-03 9 (G)sewerTspe 0 0 0 50 50 CI.0471-04 B (G)OevewpmritPlan Sewer LI^1111 0 250 250 0 250 1 01-0471.07 8 (R) Manholelmprovements 0 ISO ISO 0 150 r 01.0471-08 5 (F) Field Senn cis Sardary Sewer Replacemcnl 0 50 50 0 50 01.047111 S (R)(5001)Replace SlwerLines 0 1S 15 0 IS ]4V Y ,meoar o , • 1998.2003 CAPITAL IMPROVEMENT PLAN (REVISED) WASTEWATER UTILITY TOTAL TOTAL FISCAL PROJECT BOND CURRENT UTIUTY AID-IN YEAR NUMBER OA DEBCRIY710N FUND REVENUE REVENUE CONST COST 01-0471.12 11 (R) Capital Construction Reserve 0 250 250 0 250 01-0,11711.05 B (1) N Correction-Middle Pecan Creek Basin ADO 0 600 0 600 01-0471LIO 5 (R) 2000 Replace Sewer Lines 0 295 285 0 28~ TOTAL 2000.2001 SEWC^COLLECTION $700 $1,010 $1,710 $50 $1,760 01-0472-01 10 (S) Field Equipment i0 $3 $3 $0 $3 01-0472-02 13 (R) Of"Equipmenl d Furniture 0 1 1 0 1 TOTAL 2000.2001 WASTEWATER ENGINEERING ~so $4~ $4 $0 $4 0147$-01 16 (N) Pecan Creek Near Robertson $191 $0 $191 $0 $191 01475.02 16 (N) Cooper Creek Oelention Pond-Cooper Conwiction $1,225 $0 $1,°25 $0 $1,225 01475-03 18 (N) Mis;,eManeous Drainage Prolacle $584 $0 $584 $0 $584 TOTAL 2000.20010RAINAGE $2,000 $0 $2.000 $0 $2,000 01.0481-01 10 (T) 1CP Spectromeler $72 $0 $72 $0 $72 TOTAL 2000.2001 WASTEWATER LABORATOR! $72 $0 $72 $0 S72 01-0483.01 10 (T) ICP Emmision Spectromeler $15 $0 $15 $0 $15 l TOTAL 2000.2001 WASTEWATER PRETREATMENT $15 f0 J $15 $0 $15 GRAND TOTAL 2000.2001 WASTEWATER UTILITY $8,787 $1,169 $7.950 $50 $8,006 GRAND TOTAL 2000,2001DRAIPAGE $2,000 $0 $2,000 $0 $2,000 GRAND TOTAL 2000.2001 WASTEWATER OEPARTMENY $8,787 $1 169 $9.956 $60 $10.006 02-045101 13 (R) Misceilaneoue Of1;re Equipmerl/Fumiture $0 $3 $3 $0 $3 , 02-0451-02 13 (R) Mlscellaneow Office Machines $0 _ $2 $2 $0 _ $2 TOTAL 2001-2002 %ASTEWi.TER ADMINISTRATION s0 $5 $5 $0 $$55 ?NIF" 02-0470-01 14 (1) Irrigation Equipment $0 $20 $20 $0 $20 02.0470-02 10 (N) Air Compressor 0 11 11 0 11 02-0470 03 13 (R) Computer Upgrades 0 20 20 0 20 02.0470.04 14 (R) Scarab Upgrade 50 0 50 0 50 { 32 X 1..2 p erms~s 0 19982003 CAPITAL IMPROVEMENT PLAN (REVISED) WASTEWATER UTILITY TOTAL TOTAL FISCAL PROJECT SOND CURRENT UTILITY A04N YEAR NU1MM OA MCRVTION FUND REVENUE REVENUE CONS? COST 02-0470-KO8 2 (S) WWT P Upgrade-21 MOD 0 0 0 0_ 0 TOTAL 20014002 WATER RECLAMATION $50 $51 slot SO Sf01 02-0471.01 7 (G) Oversize Sewer Lines $100 $0 $100 s0 $100 02.0471.02 10 (R) Miscellaneous Equipment 0 10 10 0 10 02.0471-03 9 (G)Sewer Tops 0 0 0 50 50 02.0471.04 6 (G) Development Plan Sew6r Lines 0 250 250 0 250 02.0471.05 8 (q 14 Coaecl on-Eastern Pecan Creek Basin 100 0 100 0 100 02.0471-07 8 (R) Manhola Improvement 0 150 150 0 150 J 02.0471-08 5 (R) Field Service Sanitary Sewer Replacement 0 50 50 0 50 02-0471.11 5 'R) (2002) Replace Sewer Lines 0 15 15 0 15 024471.12 11 (R) Capital Coostructiun Reserve 0 250 250 0 250 t 02.0471 M05 S (1) UI Correction-Middle Pecan Creek Basin 600 0 600 0 600 02.0411MIl 5 (R) 2001 Replace Sewer L In$ (Construction) 0 285 285 0 285 TOTAL 2001-2002 SEWER COLLECTION 5800 $1,010 51,810 550 31,860 1 02-0472.01 10 (S) Field Equipment s0 53 $3 $0 $3 02.0472-02 13 (R) Office Equipment S Furndurs 0 1 1 0 1 . 02.0472-03 10 (T) Comers Van 0 100 100 0 - 100 TOTAL 2001.2002 WASTEWATER ENGINEERING s0 $104 6104 SO 5104 02-476 01 18 IN) Mayhill Bridge-Pecan Creek $650 W 66$0 $0 6650 02-415-02 18 (N) Pace Orsinage-Phase 11 $600 $1 $600 $0 5600 02475.03 16 (N) Mulkey Drainage (White Oak-Paisley) $340 s0 $340 $0 $340 r 02.475.04 18 (N) Miscellaneous Drainage Projectr $410 s0 $410_$0 $410 ' TOTAL 2001.21X9 DRAINAGE 62,000 $0 62,000 _$0 $2.000 I{ ' 02-0481-01 10 R) Laboratory Casework $25 $0 $25 $0 $25 i 02.0481.02 14 (N) Welk-In RefrigeratoflFreezer 0 12 12 _0 12 TOTAL 2001.2002 WASTEWATER LABORATORY $25 $12 $37 s0 $37 02-0483-01 13 (T) Div Information MGM T System 60 $8 $8 s0 $8 02-0483 02 10 (S) Londfili Mcn0oring Equipment 0 14 14 0 14 TOTAL 2001.2002 WASTEWATER PRETREATMENT $0 322 622 SO _ 662 32 x~❑ WINN" 0 M o , r A j:.r..~....n, .~„..n ..r.-... _ .-.-r-.. . r.. wi.k.e...... ~.n... -w n..u~.u.... - - i..... 1998-2003 CAPITAL IMPROVEMENT PLAN (REVISED) WASTEWATER UTILITY _ TOTAL TOTAL FISCAL PROJECT BOND CURRENT UTILITY AID414 YEAR I` NUMBER OA DESCRIPTION FUND REVENUE REVENUE CONS? COST GRAND TOTAL 2001-2002 WASTEWATER UTILITY $875 $1,204 S2,070 $50 $2,129 GRAND TOTAL 2001.2002 ORAINACE $2,000 $0 $2.000 $0 $2,000 GRAND TOTAL 2001.2002WASTEW.:'ERDEPARTMENT $2.975 $1,204 $4,079 $50 $4,129 03.0451-01 13 (R) Miscellaneous Office EquipmenVFurniture $0 $3 $3 $0 $3 03-0451-02 13 (R) Miscellaneous 016ce Machines $0 $2 52 s0 $2 TOTAL 20024003 WASTEWATER ADMINISTRATION $0 $5 $S $0 $5 03.0470-01 3 (R) Lift Station Improvements 0 55 55 0 55 TOTAL. 2002.2003 WATER RECLAMATION $0 $55 $55 $0 S55 01-0471.01 7 (G) Oversize Sewer Lines 5100 $0 $100 $0 S1DO 03-0471-02 10 (R) Miscellaneous Equipment 0 10 10 0 10 03.0471.03 9 (G) Sewer Tops 0 0 0 50 50 03-D471-04 8 (G) Development Plan Sewer Lines 0 250 250 0 250 03-D47107 8 (R) Manhole Improven enlt 0 150 150 0 150 03-D471-08 5 (R) Field Service Sanitary Sewer Replucamenl 0 50 50 0 50 . 0.3-15411.11 5 (R) 2003 Replace Sewer Lines 0 15 15 0 15 03.047142 11 (R) Capital Construction Reserve 0 250 250 0 250 010471-MO5 8 (1) IA Correction-Middle Pecan Creek Basin 700 0 700 0 700 03-0471-M11 5 (R) 2002 Replace Sewer Lines 0 285 285 0 285 TOTAL 2002.2003 SEWER COLLECTION $600 $1,010 $1,910 $50 $1,960 03-0472.01 10 (S) Field Equipment so $3 $3 $0 $3 03-0472-02 13 (R) office Equipment 8 Furniture 0 _ 1 1 0 1 ' 1r, ,r TOTAL 2002.2002 WASTEWATER ENOINEERINO $0 $4 H $0 Si erM 03-475-01 16 (N) Cooper Creek Construdwn-Pl zse ll $1,000 11 $1,000 $0 $1,000 03.47502 16 (N) Pecan Creek Drainage $550 s0 $560 :a $550 03 415-U3 16 (N) Miscellaneous Drainage $450 $0 $450 s0 $450 TOTAL 2002.2003 DRAINAGE $2,000 $0 $2 000 $0 $2900 r 25 El 32XIO 0 acera~ r", 1t a ,,,~%97rP;~4?p!raww"?u*'tR... _..,..__._.___...__._......,..w,..l......~.................,......«w.,..,..........~......._._...._..«............._....__...~_.r.-...,..~._............. 1998.2003 CAPITAL IMPROVEMENT PLAN (REVISED) WASTEWATER UTILITY TOTAL TOTAL FISCAL PROJECT 8040 CURRENT UTILITY AIWN YEAR NUMBER OA DEBCRN110I1 _ FUND REVENUE REVENUE CONST COST 03-0481-01 10 O Mass Spectrometer _ 0 55 55 0 _ 55 TOTAL 2002.2003 WASTEWATER LABORATOR'F $55 $55 $0 $55 03.0483.01 13 (T) Div Information MOMT System 0 3 0 3 03-0483.02 14 (S) Remole Mon8odn0 Equlpmeni 0 10 10 0 10 03-x803 10 (R) Sampling Equlpnwt 0 4 4 0 4 TOTAL 2002.2003 WASTEWATER PRETREATMENT $0 $17 $17 50 617 GRAND TOTAL 2002.2003 WASTEWATER UTILITY $800 $1,146 $1,945 $50 $1,996 GRAND TOTAL ID02.2003 DRAINAGE 12,000 $0 $2,000 $0 $2,000 GRAND TOTAL 2002.2003 WASTEWATER DEPARTMENT 82,800 $1,148 $3.948 $50 $3,996 i' c i" Nti1(~