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HomeMy WebLinkAbout01-26-1999 r January 2b,1999 1 Agenda Packet , i 1 I i L t• AGENDA Agenda No.__ genda Item CITY OF DENTON CITY COUNCIL A Q~" w January 26, 1999 Date_.. After determining that a quorum is present and convening in an open meeting, the City Council will convene In a closed meeting of the City of Denton City Council on Tuesday, January 26, 1999 at 5 15 p.m. In the Council Work Session Room at City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: I Closed Meeting: t 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. B. Consultation with Attorney - Under TEX. Gov' r. CODE Sec. 551,071 1. Receive briefing from attorney in litigation styled Cassle Dean Johnson, AdmInistralrix of the E.siote of Aaron T. Ah4by, Debra Vonle1 McCoy, ladisvldaally, and James Edµard McCoy, Individually and Cassle Dean Johnson, Individually and as Administealriv if the Eslale of Frederick J. Johnson v. 0ty of Denlorr, Case No. P11•94-458-01 filed in the Probate Court, Denton County, and consider and discuss status and posbible settlement authority. ANN' FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING OR ON INFORMATION RECEIVED IN A CONFERENCE WITH dMPLOYEF:S WILL ONLY BE TAKEN IN AN OPEN MEETINO THAT 1S HELD IN COMPLIANCE WITH TEX. GOV"F. CODE CII. $51. THE CITY COUNCIL RESERVES i THE RI011T TO ADJOURN INTO A CLOSED MEE11NO OR EXECUTIVE SESSION AS AU111OR17.ED BY TEX. GOVT. CODE SEC. $51.001, ET SEQ. (TEXAS OPEN MEETINGS ACC) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A C'ONTINUA17ON OF 111E CLOSED MEETING ON TIIE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WI111 THE TEXAS OPEN MEETINGS ACT, INCLUDING. W1111OUT LIMITATION SECTIONS 551.071.55LO83 OF THE OPEN MEETINGS ACT. Work Session of the city or Denton City Council on Tuesday, January 26, 1999 at 6:00 p.m. In the Council Work Session Room at City liall, 215 E. McKinney, Denton, Texas at which the following items will be considered: NOTE: A Work Session is used to explore matters of interest to one or more City Council Mcmbers 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 forma) Cily action. At a Work Session, the City Council generally receives informal and preliminary reports and information from City staff, officials, members of r ' City committees, and the individual or organization proposing council action, if Invited by City Council or ('it), Manager to participate in the session. Participation by individuals and members crorganirations invited to speak ceases when the Mayor announces the session is being closed to public input. Although Work Sessions are public meoing.s, and citizeis have a legal right to attend, they are not public hearings, so citizens are not allowed to par,i^ipate in the session unless invited to do so by the Mayor, Any citizen may supply to the City CwnciE, prior to the beginning of the session, a written report regarding the citizen's opinion on the matter being C- i City of Denton City Council Agenda January 26, 1999 Page 2 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 to all citizens prior to the regular meeting at which citizen Input is sought. The purpose of this procedure is to allow citizens attending the regular meeting the opportunity to hear the views of their fellow citizens without having to attend two meetings. 1. Receive a report and hold a discussion regarding a report by the Denton Central Appraisal District (DCAD) on the role of DCAD. 2. Receive a report, hold a discussion, and give staff direction regarding proposed amendments to the Zoning Cc se, Subdivision Regulations, and Development Review Fee Schedule for the purpose of in,oroving public hearing notification procedures for zoning changes and amendments, annexations, variances, zoning appeals, and special exceptions. 3. Receive a report and give staff direction regarding the 1999.2000 budget calendar, 4. Receive a report and give staff direction regarding the 1999.2000 City Council budget priority questionnaire. 3. Receive a report, hold a discussion, and give staff direction regarding the adoption of an ordinance ordering an election to be held on May 1, 1999 in conjunction with the regular City Council election for the purpose of submitting amendments to the Denton City Charter regarding sale and alienation of portioro of public utilities, creating new utilities, qualifications of candidates for elections, procedures for holding elections, franchise charges, procedure for adopting a budget, correcting references to applicable laws, expansion of the Board of Adjustment and Public UtG lies Board to raven members, I removal of Parks Board from the City Charter, providing notice of claim procedures in compliance with state law, eliminating planning commission recommendations on sales and purchases of property and on utility capital improvements; and providing that the Charter shall be gender neutral; designating the place of holding such an election; naming the officers thereof; prescribing the form of ballot; providing fur notice; providing a sevcrability clause; and providing an elTective date. CERTIFICATE I certify that the above notice of meeting was; ostcd on the bulletin board at the City Hall of the City of Denton, Texas, on the day of , 1999 at o'clock (a.tn.)(p.m.) CITY SECRETARY NOTE: TnE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM 15 I (!r~ ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABL' STIES ACT. I TIIE Cf1'Y WILL. PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEAPING ~ IMPAIRED IF REQUESTED AT LEAST 49 HOURS IN ADVANCE OF THE SCHEDULED SIMING. PLEASE CALL THE Ci,Y SECRETARY'S OFFICE AT 349.8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1.900- RLLAY•TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED j t c; c~ Apsnds He,._J~~ upends Item DateM AGENDA INFORMATION SHEET AGENDA DATEt January 26, 1999 DEPARTMENTi Fiscal Management and Municipal Services ACM: Kathy DuBoee SUBJECT Receive a report and hold a discussion regarding a report by the Denton Central Appraisal District (DCAD) on the role of DCAD BACKGROUND Bill Giese, a member of the Board of Directors of the Denton Central Appraisal District, will present information on the role of the Denton Central Appraisal District His presentation will Include, 1. Objective and Mission of Appraisal District li, Appraisal Process A. Profeesinnal Staff B. Appralsal Calendar C. Preliminm and Certified Roll (a review) Ill. Interaction Between DCAD and Taxing Jurisdiction A. Rate Setting B. Certified Roll IV. Apprai. I Review Board A. Appointments B. Role and Independence V. State Controllers Value Report VI Open Communication 1 VII Questions and Discussion S FISCAL INFORMATIO ' There Is no fiscal lmp~at on the City of Denton. Respectfully submitted: Kathy -I se t' Assistant City Manager Fiscal ManagemenVMunicipal Services r' 1 j t• I i c, OUTLINE: THE ROLE OF DENTON CENTRAL APPRAISAL DISTRICT 1. OBJECTIVE & MISSION OF APPRAISAL DISTRICT H. THE APPRAISAL PROCESS THE PROFESSIONAL STAFF THE APPRAISAL CALENDAR PRELIMARY AND CERTIFIED ROLL •A REVIEW III INTERACTION BETWEEN DCAD A TAXING JURISDICTION RATE SETTINO AND CERTIFIED ROLL IV THE APPRAISAL REVIEW BOARD APPOINTMENTS ROLE AND INDEPENDENCE V STATE CONTROLLERS VALUE REPORT VI OPEN COMMUNI^.ATION V1I QUESTIONS At DISCUSSION snow I 002 r u y DCAD STATEMENT OF OBJECTIVES DCAD's objective is to estimate market value of property for ad valorem tax purposes. Tiv ultimate goal being to appraise property at 100% of market value. A primary element of the objective Is to promulgate an appraisal program that Is fair to both the property owner, the payer of taxes, and the taxing jurisdictions, the recelpient of tax revenues. I i I I 4 I 0 "4 00'3 t i I { L, v Denton CAD Organization Chart I Board Of Directors Ch [of Appraiser Deputy h newer AppraUer Adminietratlon MofManance Agent FOdMns Aa'mMrafMha Of$ Merger fmp+o)*e .M r Appraisal Appralsal AppMM Mapping A"Wall Dole Paauing Appraisal Sup; Su,vvlsor SupeMW Supeniea Manager SupeMsaLaw Manager Manager Comm Ind, & Business Resldentlal f Ag. Personal Senor Senor personal Senior Ssnb Mapping Sella Land Senor Inbmwoo W! eye" IM Apprdsd SuppoA Commercial Property Residemw tech AWoleer Spedoul Amdyst Chk I Appraiser Appraiser Apprafsa 131 Canw vrdal 131 Personal (9) Reaid"nal 121 Mapping 121 Land Mlaoc"Purw we 110 II Appralsers Progxty Appralsera tech g AW@Isere rpedonsl Appraiser Aptp sisal Appraisal 121 Appralul Mapping Imaging B Flow Swpod Clerk I Support Clerk I Support Clerk I Too I M jr. epedsNst Information AM.,0:-J Inf" I& A Specialisl Suppon CNk SwLftt f, r/ Infamalm Spedapal F A i DCAD NEWSLETTED September 1, 1998 AN ANALYSIS OF THE PROTEST PERIOD AND THE ACTIVITIES THAT OCCUR THEREIN THE APPEALSIPROTEST PERIOD the protest period is the time period between the mailing of the appraisal notices and the certification of the appraisal roll. This period provides property, owners with an opportunity to discuss their appraised value with Appraisal District staff and to appeal to the Appraisal Review Hoard if they wish. Staff views the protest period as a right that belongs to the property owner. The Property Tax Code decrees that property owners may protest their values during this time and receive fair and impartial hearings concerning their values. A taxing jurisdiction is not to be involved with the appraisal activity that occurs between the Appraisal District and individual property owners during the protest period. This restriction Is designed to remove political influence from the appraisal process, In the distant put, the taxing jurisdictions would question the appraisal of h,ditiidual properties. Sometimes accounts were singled out for political purposes. The PTnperty Tax Code specifically pnxludes a taxing jurisdiction from protesting indivieual appraisals. This caveat has enabled the Appraisal D strict to provide the individual property owner a fair and impartial hearng, which was a primary intent of the Legislature when appraisal districts were established. A DISCOVERY PERIOD The protest period is one of discovery, and may be the most important time period of the tax year. "Discovery" is a term used In the tax profession to succinctly define the obtshling of information that affects property values. Information that surfaces comes from various sources. Suffice it to say that when appraisal notices are sent, the property owners tend to share information that sets aside misconceptions and gets to the facts, which more often than not will result in the lowering of appraisals. PROTEST PERIOD TO BE A PERIOD OF DIALOGUE F The protest period is a time of open and frank discussion between property owners and the Appraisal District. It is a period of give and take, a sharing of Information and thoughts. If the process is permitted to function property, property owners will receive fair hearings before our staff and the Appraisal Review Board. And, in most cases, a reasonably accurate Appraised value will be determined. Usually, this interaction will result in a lowering of the appraised value for a taxingjtuiidiction. THERE IS NO DEFINED CUTOFF WHEN THE PRELIMINARY TOTALS ARE CREATED i, There Is a misconception that the appraisal activity occurs in a very smooth step-by-step fashion with highly A' defined start and stop points for each process. This Is just not the case. The appraisal process during the t? protest period is complex and convoluted. And, it Is not feasible for the necessary information to be collected on all accounts before appraisal notices are mailed. At some point during May, we generate a computer tape of the appraisal roll and have notices prepared and mailed for those accounts that are ready for notices to be sent. We also prepare the preliminary totals at Ihisfand mail them to the jurisdictions. J r Although a majority of the property accounts have been processed and notices have been mailed, we are not through preporing accounts for appraisal notices doting Slay. Some accounts are worked and notices mailed after the preliminary totals havt been sent to the taxing Jurisdictions. This means that the preliminary totals are not an exact represents, on of the total of all accounts for the current year when notices are sent. In essence, the preliminary totals that are generated and mailed to the taring jurisdictions are just a snapshot of the appraisal soli at a specific point in time. If the tape had ben created the day before, or a day after, the totals could Chang% substantially, We hav r ran daily totals in the past and have found the totals to change substantially from day-today. This Is why we -onsistently remind the taxing jurisdictions not to use the preliminary totals. Using the totals for anything of any substance can cage a taxing Jurisdiction some real difficulties. FACTORS CAUSING DECREASES IN THE PRELIMINARY ROLL TOTALS The information below is a compilation of the primary reasons that the total appraisals decrease after the appraisal notices are sent in May. The items below do not represent a comprehensive list of the reasons that appraisals decrease Appraisal Review Board Action The taxing jurisdictions appoint the Board of Directors of an appraisal district. The Board then appoints the AAB members for two year terms. The APB members are to hear taus from the property ow..-rs and determine a value to be assigned. The ARB members do not report to staff, they make Independent appraisal decisions. Most APB decisions tend to reduce appraised value. } injormai Revlews HIM Appralurs • 1 When property owners receive their appraisal notices, the Appraisal District provides them with an opportunity to visit with an appm! let in an informal review. Moat disputes concerning appralsals are reconciled at this point. Lora Rendidons Periodically owners of business personal property do not concrrrt themselves with submitting a rendition of their property. When the Appraisal District sends them an appn toil notice, these property owners decide it is time to file a rendition. LareApriculrwrol Applicadons Some property owners with larger tracts of land that do not receive agricultural valuation decide after they receive their appraisal notice that their property may qualify for agricultural valuation. They then file an application for agricultural valuation. If their application is approved, the market value of their property will remain in place, but the taxable value of their property is substantially reduced, Periodically, the Appraisal Di.ttrict will remove agricultural valuation from u account for good reason. The value of the property is placed on the roll at full market value and the owner Is notified accordingly. Subsequently, the property owner will submit sufficient information to verify that the property qualifies for agricultural valuation. Exempdons Added During the protest p -nod, many property owners discover they have a right to some exemption for which they have not anted applied, l iedehey have he righhavin exemption restored that was removed. Each exemption that rn property owner t the appraisal Son s Aceoanb Are ;Wu#d At Maurtmum Marker Ydre • E S trite accounts are placed on the preliminary roll at what appears to be an "inflated" value. Although the c appraisal district uses this term to define those situations In which the maximum appreisal Is placed on an (0 I r account, we do not intentionally appraise a property above a realistic market value. We appraise it at what we believe to be its maximum potential value, which often is many times its actual market worth. This Is done to give the property owner Sufficient reason to work with staff to accurately determine the value of the property in question. A maximum potential appraised value based on newspaper accouno and other sources that should be reasonably correct ray be far greater than the correct appraised value. But, since the result is a visit from a property owner and the apt raised value being set at market makes our actions justifiaNe, Some Accounts Art Placed On The Roll More Than Once During the hectic work that precedes the protest period, new accounts are sometimes placed on the appraisal roll twice, The protest period provides an opportunity for this information to surface and be corrected. Clerical Errors Can Mullin Substantial Decreases In Preliminary Values r A clerical error denotes human errors, regardless of the type or magnitude. The computer checks for extremely large value changes each year, but an Input value error that falls within certain parameters will be tmdetected Incorrect ownership and address changes are not easily detected by it computer. Changing ownership can effect the amount of exemptions and qualification for agricultural valuation. These type errors tend to be ferreted out during the protest period. j Changes In The Appraised Value Of dusintss Personal Propeny Aceounes Changes in the appraised value of business personal property accounts tend to be more substantial than in other types of accounts, nit is caused by the nature of the accounts, The Appraisal District has to assume that a company carries a maximum inventory of goods for sale. Further, we have to assume that a company has the necessary equipment and capacity to produce a maximum number of widgets. The protest period provides the property owner with the opportunity to prove otherwise in both cases, Bith situations usually end with a lowering of appraised values, CERTIFICATION AND DELIVERY OF APPRAISAL ROLL An appraisal district is obligated by the Property Tax Code to provide the taxing jurisdictions with certified and under protest totals by July 25th. An appraisal district is not required to certify the appraisal of aft , property accounts by July 20th, but a certification of at least gs% of the roll Is required. The Denton Central Appraisal DismeS continually ceniftes over 93% of the appraisal roll by the end of July. As indicated, the under protest roll is comprised of those accounts that are not certified by July 20th. Periodically, the Appraisal District receives suggestions that the under protest roil contains too many l accounts. An understanding of our approach to appraising property should diminish these comments. The value of each account on the under-protest roll should represent the lowest value at which the account would ultimately be certified. If the Appraisal District wished to minimize the size of the under p. hest roll, we could skirt the intent of the Property Tax Code and certify appraised values the property owners would accept. Obviously, the assigned values would be too low. This Immediately leads us away from the concept of uniform and equal valuations. This is a direction into which we do not wish to go. The potential loss of school funding from the State is one of many reasons. Expediting appraisal work it the end of July can also lead to some appraisals being too high. If the account is suk stantially over-valved, a tax refund could ultimately occur. These are situations that a taxing jurisdiction r r definotly does not want to embrace. To avoid accounts being placed on the certified ro i that are valued either too high or too low, we will continue our current appraisal methods. We will continue to have an under protest roll, Accounts will be placed on the under protest roll until a valid appraisal can be determined for each s^count. Ub7 r ACTIVITY SUBSEQUENT TO CERTIFICATION Subsequent to certif;ation of the appraisal roll, the State has zn auditor review our work. The auditor's findings are forwarded to the State. If the values in one of the categories in a school district we too low, the applicable school could lose some State funding, The State mandates that a taxing jurisdiction maximize their taring efforts at a local level. Low values preclude a school district from maximizing their local tax revenue. If the values of a category are too high, the property owners in the category pay too much property tax. Appraisal districts have to ensure ISat all property Is appraised equal and uniform. The protest period provides the opportunity to ensure comstlance with this requirement. Although a citing juresdletlea may j not care for some of our processes and procedures, our approach resulu to mandated equal said uniform appraisal of property for tax purposes. ADMINISTRATIVE NEWS The 1998 Appraisal Roll was certified by the Appraisal Review Board on July 17, 1998. As of Ns date, one new lawsuit has been filed against the Denton Central e.ppraisal District regarding 1998 values. We will continue to use all of our resources to defend our values, The majority of the under protest accounts should be certified at the October supplemental hearings, r The Appraisal Review Board had 1,374 accounts set up to protest value for 1998. The breakdown of tha results are as follows: DC' CA 'Ei-DAR. Failed to Appear: 437 Value Changes Made 117 "'Sttptt~ffi5ei~dlt brh~betfr`i998 No Changes Made 177 Withdrawn before Hearing 747 . + 'ti`ter'+t7►° a. 'r, ,t The telephone calls and the aalk•in traffic totals .s ` e`sEpteIIl~tt t ' during the appeal period are w follows: Monday, 7~1! ,r~<' a yS rx c a;.. , .M"d0, g Telephone Calls 17,442 WinPA, 1 . ~ , Walk-ins 3,026 t AGENT/ Moedayis'Atmbaaroayar:'^ 21, 33re:'AA811~riya ftwo SUPPLEMENT y, 27ad ' thoraedrp~Diroo+an r' Saturday, 3l at 0, Nalbwwe Through the month of August we have had many late Homestead applications filed for the ern of r y 1997 and 1998. These will be on the first ti . l n ' »i t' 3 supplement due out in Isle October, We currently Da", hme over 200 applications for 1991. and over 300 A ~a bor for 1998. And, we still have the months of ar.44+ + 'y it-• t' September and October to collect additional Isle applications, If you would like an estimate of the ` haw • i )-t 04, number processed prior to the supplement, call y`; Mary Stroupe at (940) $66.0904 ext. 237, 008 i COMPARISON CHART PRELIMINARY VALUES TO CERTIFIED TOTALS JA T r YEAR OENTON 11,0. I i . xt~ e% ¢ 'W~•r YEAR CITY OF OSNTON --fox}t- - _ IN-- -~S-`-=/ - .4% ~p a YEAR LEVA6VILLE L&D. G0 F j Q c> 1 E _....._...._.__,..~...._,.,.......,.w.._..,....a.r:Warr...,rw~~vw•rr~MVr'ai+.+*•"w"db!Y~a9i~'+.XY:d:i!.': ^CMFn'+. - 4 • lnMt DIM DWIFF i + 1 H3 t t to to TiE~ t 3.m r + »r + + r ail` +7i i m t t 19 - Al 4+ m + t 3Tas t + ~ t ~ t '17'ii~bil t t tt + t 11 i + i WRW tw + t t + t 111 1`7i3iN 1 + i _ 3 tfifTiif iii tt t ~iifib + , + + n l 1104- Tg ----TM i► ~ -~ii~'+k + i3 -iSiA =tip t t t __t t + -Tar, "K ism + * t ---dRii T 7w nm is I@% 77= t _ t ~ "fit Hs --"ETA t S ~ffM C~ N V C, F; I i i i c~ t If a RESIDENTIAL DEPARTMENT ACCOUNT AND VALUE HISTORY 4!!Me f 1994 lips AWR fm "of NNW Isla womm C !S?M22$ b 561 / / 7 : wta / At M moWN /7Deb/e a e6 W~ftuj 'T 93 rr 1997 fell o 'iilw eaWIN oee1M11 eM eeE_ eNwp / eoern caum A's Nee A 1 te6 MIS, ttq r1, 7 I( a G I Pop 1 c i i i DMON CENTRAL APPUISAL DISTRICT'S BOARD S1ESIDERS' 'v 1999 Board of Directors I, Lee Baku LerierJ4 1. Mary Horn Demon a+► a. Dr Bill Giese Denton 1. Rxhvd Smith fb•er Mound lilt "ff 3, li Harmon Lerintne 1999 Aoorateal Review Bard 1. Tom Boer Le+tmnt 7, Roland Laney Demon 1. Margaret Brennan Conri 1. Patsy Moncder Justin 3. Chula Goodhue Corinth s. Raymond Redman Denton e. Arlinald Hill Damon 10 H W sprorls U%indle 5.1, A. Hinatey Aubrey I LW. Garland Thornton Denton I e. Bury Kira Demon I7, Lary Wilton Denton AGENT/SUPPLEMENT Supplement q9 was completed and delivered in December. The next supplement is scheduled to be approved by the ARB on )anuary 20, 1999. E Shortly after the first of the year, the AgentiSupplement department will distrib',le an account listing to all agents. The agents will be requested to check the listing for corrections for 1999. This is a slow process, but will be completed before appraisal notices are mailed in May. APPRAISAL SUPPORT 10 Each year after January 1st, we mail homestead 7 exemption applications to property owners who purchased homes during the previous year. 1 999 tore are required by law to notify taxpayers each year through public messages In the local newspapers that DCAD CALENDAR OF EVENTS exemption applications are available at the District. By making the exemption applications available to property January & February, 1999 owners who could qualify in the upcoming tax year, we should reduce the number of fate t'!ings. ham Ov6r-65 Homestead Verification Precedun Friday, Ise New Years Daye Wednesday, 20th Appraisal Review Board Staff has developed a plan to verify all Oveii Meeting Exemptions during )-year cycles. Each year a Tbunday, 28th Board of Directors Meeting verification notice will be sent to a specific group of property owners that have an Over- 65 Exemption on rite, In 1991, notices were sent to owners of property in Wednesday. Feb l7da Appnlul Review Board the Denton Independent School District. to 1998. Meeting notices were sent to owners of property in Lake Dallas Thursday, 2Sth Board of Directors Meeting ISO, Lewisville ISO, and Little Elm ISD. In early 1999, we will be sending notices to property owners In the a Di Observed Hot Way following school districts: Argyle ISO, Aubrey ISO, Krum ISO. Northwest ISO. Pilot Point ISO. Ponder ISO. -MMMVAJ and Sanger ISD, The year 2001 will be the titan ore second 11-year cycle, and the notices will go to Denton 1 ' ISM etc, The cities and Denton ii oumy will automatically benefit from this program. J This procedure for verifying Over i5 Homestead Exemptions Is In addition to the ongoing procedures of checking the validity of Homeowner Exemptions, The District leppreclem any Input to ensure that Homeowner exemptions are allowed only on qualified accounq. G1; f I i I COMMERCIAL The commercial department is currently appraising new improvements and conducting field rechecks across the county. Like last year, comme vial permit activity -emains strong, especially in the southern part of the county. We have received more than fifty agricultural valuation applications for the 1999 tax year, most of the applications will be filed in February amt March. More than 1,700 applications were filed last year. The deadline for tiling for agricultural use..s well as religious, charitable, and other miscellaneous property tax exemptions is April 30, 1999. Please note that section i 1.421c1 of the Tax Code has been amended to allow cemeteries, charitable organizations. youth development associations, religious organizations, private schools, nonprofit water and wastewater supply corporations. and other nonprofit organiza6cas to receive property tax exemptions Immedd (y upon qualification after January I. This law took erf"t January t. 1998, and of course will result in the proration of taxes. DATA PROCESSING With the coming of a new year, the Data Processing Department will be replacing our primary computer system with a new system that is much more scalable and effleient• The existing computer was acquired in 1993 and was expected to be utilized for five years before being replaced. The new system brings much needed performance gains, storage, and memory to DCAD's effort to appraise property in our fast growing county. We recently completed the Property Tax Division's Supplemental School District Reports of Property Value and have mailed tbese to the State, J LAND Lakepotnt Crossing Lawsuit Update: Tax years 1994 and 1995 continueson appeal, and tax years 19% and 1997 are pending court trial 1999 work has begun. The areas of Little Flm Frisco, Alliance, Airport. Vista Ridge, and south Denton,Corinth will receive particular attention, No indications of slow down have been noticed. The recent announcement of the dosing of Raytheon TI Systems in Lewisville could have a negative Impact. Rumors of the potential uses for the property have ranged from another Raytheon Division moving in, to demolition of the improvements so that the land can be sold off in smaller parcels. Real estate owners In the immediate area have been contackd and none are indicating any down turn In demand for their particular product. O Deatoa Central Appraisal District Is on TA't z Q We are publishing public relations bulletins on local cable networks' bulletin boards. These messages are short informative bulletins targeted at homeowner to assist them in obtaining information regarding property taxation issues. Ui:3 i o . c. I 1997 Comptroller's State Value Report 1. Categories of property selected 2. Sample properties selected from each category of property 3. Determine four factors; A. Median Level of Appraisal B. Coefficient of Dispersion C. Price Related Differential D. Weighted Mean Appraisal Ratio 4. Protest State Value Report to Comptroller's Office 014 . c, Median Ratio Median ratio is the midpoint of all appraisal ratios in the sample. State Property Tax Division of the Comptroller Office suggested range for median level of appraisal for each category of property should be between 40% and 110%. t E' 015 I f , ' I 7 Coefficient of Disp_ rsi~n I This number measures appraisal uniformity. A low number indicates the overall property values are clustered very tightly around the overall median level of appraisal, State Property Tax Division of the Comptrollers Office suggested range for C.O.D. in categories of property tested, • C.O.D. for residential should be 15 or less for Category A. • C.O.D. for income producing property should be 20 or less for Categories B, F1, F2, G, J, L1, & L2. • C.O,D. for undeveloped tracts of property should be 20 or less for Categories C ? D. I 0 1! c, t i h Price-Related Differential This number indicates that low-value and high-value properties are being traated uniformly in regard to level of appraisal. Regressivity Low value properties are appraised rot greater percentages of market value than high-value properties. Progressivity Low value properties are appraised at smaller percentages of market value than high-value properties. State Property Tax Division of the Comptrollers Office suggested range for Price Related Differential is 98% to 103%. Above this range indicates Reeressivity Below this range indicates Pro¢ressivity The State warns that the Price-Related Differential is not a reliable statistic when the sample is small or when the sample is heavily influenced by extreme sales prices. ' Ui'7 u u Weighted Mean Appraisal Ratio I Dividing total sales prices for all sampled properties into total value of same properties on local appraisal roll. The use of a weighted mean ratio means that larger, more valuable properties have more impact on the final value estimate for each category, I dl i { COMPTROLLER OF PUBLIC ACCOUNTS • PROPERTY TAX OIVI810N 107 PROPERTY VALUE STUDY CAD 6UYMARY WORKSHEET DENTO 1061 1997 CAD REPT NUMBER APPRAISED MED LEV COEFFICIENT CATEGORY OF RATIOS VALUE OF APPR OF DISPERSION A. SINGLE-FAMILY RESIDENCES 537 $9,713,423,772 1.01 6.77 B. MULTI-FAMILY RESIDENCES 66 $963,326,5:5 1.01 7.71 j 0. VACANT LOTS 185 $834,619,205 1.00 1419 D. RURAL REAL 219 $2,467,356,475 1.00 13.53 Fl. COMMERCIAL A EAL 144 $1,774,247,285 1.00 11.58 F2. INDUSTRIAL REAL 0 $158,146,870 ' 0. OIL, OAS, MINERALS 19 $70,180,179 ' J. UTILITIES 99 $1,150,124,803 0.97 11,34 I ti, COMMERCIAL PERSONAL '9 $1,292,276,481 1.03 17.08 t?. INDUSTRIAL PERSONAL 0 $1,008,448,886 ' M, OTHER PERSONAL 0 $84.849,641 ' I N. RESIDENTIAL INVENTORY 0 SO ' ' TOTAL19: 1328 $i9,353,017,882 1.00 10,34 • Denton C.A.D. Overall Median 100% i Denton C.A.D. Overcall CAD. 10.34 Denton C.A.D. Overall No* Belated Differential 103% C ID x.f r c. Agenda No, Agenda it m AGENDA INFORMATION SHEET Cal- AGENDA DATE: January 261h, 1991 DEPARTMENT: Planning& Development CNI/DCNIIACM: Rick Svehla i SVBJECT Receive a report, hold a discussion, and give staff direction regarding proposed amendments to the Zoning Code, Subdivision Regulations, and Development Review Fee Schedule for the purpose of improving public hearing notification procedures for zoning changes and amendments, annexations, variances, zoning appeals, and special exceptions. BACKGROUND During the September 22nd, 1998 Work Session, Council members approved the implementation orthe following public hearing notification procedures: • The legal notice of public hearings will be published in the local newspaper as per by state law. a The state-required 20afoot legal notice will be delivered via Certified Mail. • Courtesy notices will be delivered to resident/occupants located within $00 feet of a public hearing property via first class mail. • Core-tax signs will be installed, using only two different sign copies: "Zoning Change Requested" and "Variance Requested". I The Planning and Zoning Commission and City Council are now being asked to consider two ordinances that would amend city zoning regulations (Chapter 35 of the City Code, Sections 35.7 and 35.44) and subdivision regulations (Chapter 34 of the City Code, Section 34.35). If City Council approves the attached ordinances (Exhibits A. 9, and C), authority to implement the new public hearing notification procedures will be established. Procedural authority is intended to be established through amendments to the Zoning Code and Subdivision Regulations (Exhibits A and B), both of which require review and recommendations from the Planning and Zoning Commission. The development revicx fee schedule revisions recommended by staff are not subject to review by P&Z. A separate ordinance (Exhibit C) revising the fee schedule is attached for consideration by City Council. I The Planning and Zoning Commission Is scheduled to conduct public hearings and make recommendations to City Council regarding the Zoning Code and Subdivision Regulation amendments on January 17th, 1999, OPTIONS I. Approve the fee schedule amendments as proposed. 2. Revise the proposed fees. 3. Postpone the proposed ordinance for further consideration. 4. Reject the proposed ordinance. c x RECOMMENDATION Staff recommends approval of the ordinance, in association with the proposed fee schedule revisions needed to cover the costs of the new notice requirements. Unless otherwise directed, staff is prepared to place all three draft ordinances on the February 2"s, 1999 City Council agenda for public hearings and adoption. ESTIIIIATED SCHECI TLE OF PROJECT City Council Work Session January 260, 1999 Planning & Zoning Commission Public Hearing And Recommendation January 210i 1999 1 City Council Public Hearing & Adoption FcbZry 2!, 1999 Effective Date of Ordinances February 16, 1999 Staff is prepared to implement the proposed procedures craw. The first P&Z Commission meeting date likely to be affected by the ordinance is the March 100i, 1999 Regular Meeting. PRIOR AC CIONIREVIEW City Council Work Session May 26", 1998 City Council Work Session September 22"a, 1998 Planning & Zoning Commission Work Session September 23nd, 1998 City Council Work Session November 23'", 1998 Planning & Zoning Commission Work Session January 13i% 1W9 (scheduled but not held) FISCAL INFORMATIO q The draft ordinance (Exhibit C) proposed to revise development review fees to cover the costs of the additional public hearing notification requirements contains relevant fiscal Information. EXHIBIT Exhibit A: Draft Ordinance - Zoning Code Amendments Exhibit B: Draft Ordinance - Subdivision Regulations Amendments Exhibit C: Draft Ordinance - Fee Schedule Revisions Exhibit D. Existing Vs. Proposed Public Hearing Notification Procedures: Zoning Amendments Exhibit E: Existing Vs. Proposed Public Hearing Notification Procedures: Board Of Adjustment Variances, Appeals, Special Exceptions Exhibit F: Existing Vs. Proposed Public Bearing Notification Procedures: Annexation Process Exhibit O: Regulatory Rererences Affecting Public Notice Requirements Exhibit H: Public Hearin Notification: Administrative Rules (Draft) Exhibit 1. September 22 , 1998 City Cc•uncil Staff Report Respectrully Submitt A.-; s M. Hill hector of Planning and Development 2 } EXHIBIT A ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 35 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, SECTION 35-7 "AMENDMENTS" AND SECTION 35.44 "NOTICE OF PUBLIC HEARINGS", PROVIDING FOR NEW STANDARDS FOR PUBLIC NOTIFICATION PROCEDURES USED TO ADVERTISE PUBLIC HEARINGS REQUIRED WHEN THE BOUNDARIES OF ZONING DISTRICTS OR THE REGULATIONS ESTABLISHED RELATED TO ZONING ARE AMENDED, SUPPLEMENTED, OR CHANGED, OR WHEN ZONING VARIANCES, APPEALS, OR SPECIAL EXCEPTIONS ARE MADE; REQUIRING THE USE OF CERTIFIED MAIL TO NOTIFY PROPERTY OWNERS LOCATED WITHIN 200 FEET FROM A PROPERTY WHERE A ZONING CHANCE, VARIANCE, APPEAL, OR SPECIAL EXCEPTION IS REQUESTED; REQUIRING THE USE OF FIRST CLASS MAIL TO NOTIFY PROPERTY OWNERS LOCATED WITHIN 500 FEET OF A PROPERTY WHERE A ZONING CHANCE, VARIANCE, APPEAL, OR SPECIAL EXCEPTION IS REQUESTED; REQUIRING THE POSTING OF SIGNS ADVERTISING PUBLIC HEARING DATES ON PROPERTIES WHERE A ZONING CHANGE, VARIANCE, APPEAL, OR SPECIAL EXCEPTION IS REQUESTED; REPEALING ORDINANCE 79.62 PROVIDING FOR THE POSTING OF SIGNS FOR A ZONING CHANGE OR A SPECIAL PERMIT) PROVIDING A PENALTY IN THE MAXIMUM AMOUNT OF S2,tW.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 1 WHEREAS, the city of Denton, Texas holds public hearings as required by Chapter 33 "Zoning" for many purposes, including zoning amendments, variances, zoning appeals, and special exceptions to the zoning code; and J WHEREAS, the city of Denton complies with Texas Stec Law regarding requirements for 1 public hearing notification of citiz:ns and interested parties; and WHEREAS, the City Council of eit City of Fenton has detemilned that public hearing notification procedures strongly affect public participation in city government, and that high levels of public participation are vital to good government and sound municipal decision-making; and WHEREAS, the City Council of the City of Denton has determined that public hearing notification requirements should be expanded and improved to maintain high level; of public participation, and that other measures have been identified to enhance existing requirements; and WI IF,REAS, the City Council has conducted a public hearing on the proposed regulations contained herein; NOW THEREFORE THE C'OUNCII, OF Ti IE CITY OC DENTON, TEXAS HEREBY ORDAINS: r~ SECTION L That Chapter 35 "Zoning" of the Code of the City of tkmtun, Texas, Section 35.7 "Amendments', Subsection 35-7.(b)(3) is hereby deleted in on6rety and replaced with a new Subsection 35.7.(b)(31 to read as follows; J c t. (3) Public Hearing Required by Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing on any appk..;,. n for an amendment to or change In the zoning ordinance prior to making Its recommendation and report to the city council. (a) Notice of Public Hearing. Notice of the public hearing shall be given not less than ten (10) days before the date set for the commission's public hearing using each of the following methods: (1) Published Notice. Notice of the scheduled public hearing shall be published to the offdal newspaper of the city stating the time and place of such public hearing and a description of the requested amendment to the zoning ordinance. (11) Legal Notice, Legal notice of the scheduled public hearing shall be sent to all owners of rest property lying within two hundred (200) feet of property of the subject property. Notice shall be given by posting such notice not less than ten (10) days before the date set for hearing, properly addressed and postage-paid via certified mail to each taxpayer as the owner on the last approved city tax roll. (111) Courtesy Notice. Written notice of the scheduled public hearing, properly addressed and postage-paid via first class mail shall be h provided to all residents of property located within rive hundred (500) feet of the subject property by posting such notice fo each parcel address as recorded on the city's Geographic Information System (GIS) date base. Failure on the part of property owners to receive the courtesy notice shall not invalidate the scheduled public hearing process, (Iv) Posted Notice. A sign shall be posted on the subject property according to rules established and published by the Planning and Development Department, a copy of which will be available at the City Secretary's office and the Planning and Development Department offices. (b) Action by the Planning and Zoning Commission. (1) Recommendation of Approval. If the commission recommends approval of the requested zoning change, such request shall be referred to the council at their next available regular meeting, except that it shall be not less than twenty (20) days but not more than sixty (60) days after the commission meeting at which the recommendation was made, (11) Conditions may be attached, In order to safeguard the public J safety and welfare and to protect properties from adverse Impacts 1 and Incompatibilitles, the commission may recommend conditions and restrictions on the subject property, 4 ! t Jill) Recommendation of Denial. If the commission recommends denial of the requested zoning change, such request shall not be referred to the council unless the applicant, within ten (10) days of the commission's action, shall file a request in writing with the Department requesting that the council review the commission's recommendation. E SECTION I I. That Chapter 35 "Zoning" of the Code of the City of Denton. Texas, Section 35.44 "Notice of Public hearings" is hereby amended to read as follows: Sec. 3544. Notice of public hearings. The Zoning Board of Adjustment shall hold a public hearing on all applications and appeals made hereto. (a) Notice of Public Hearing. Notice of the public hearing shall he given not less than ten (10) days before the date set for the board's public hearing using each of the following methods: (1) Published Notice. Notice of the scheduled public hearing shall be published In the official newspaper of the city stating the time and place of such public hearing and a description of the requested amendrnont to the zoning ordinance. (2) Legal Notice. Legal notice of the scheduled public hearing shall be sent to all owners of real property lying within two hundred (200) feet of property of the subject property. Notice shall be given by posting such notice not less than ten (10) days before the date set for hearing, properly addressed and postage-paid via certified mail to each taxpayer as the owner on the last approved city tax roll. (3) CouHesy Notice. Written notice of the scheduled public hearing, properly addressed and postage-pald via first class mail shall be provided to all residents of property located within five hundred (500) feet of the subject properly by posting such notice to each parcel address as recorded on the city's Geographic Information System (GIS) data base, Failure on the part of property owners to receive the courtesy notice shall not Invalidate the scheduled public hearing process, (4) Posted Notice, A sign shall be posted on the subject property according to rules established and published by the Planning and Development Department, a copy of which will be available at the City Secretary's office and the planning and Development Department offices. r SECTION III. That the applicant/pctitioner shall allow the Directur of Planning and M%clvpment or hiv'bcr designee to entcv on to the premises for which a zoning change or amendment. i t I i I co j I variance, appeal, or special exception Is requested for the purposes of insnalling, maintaining, and removing signs required by this ordinance. SECTION 11'. That it shall be unlawful for any person, other than the Director of Planning and Deve!opmcnt or his/her designee, to knowingly remove, deface, or injure in any manner a sign or part thereof required by the provisions of this ordinance, SECTION v That the provisions of Ordinance 79-62 are hereby repealed in enu: ety. SECTION VI. That any person violating any provision of this ordinance shall, upon conviction, i be fined m sum not exceeding $2,000.00. Each day that a provision of this ordinance Is violated shall constitute a separate and distinct offense. SECTION VII. That if 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 remaini,.0 {nmons of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such validity. SECTION Vill. That all provisions of the ordinances of the City of Denton In conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances "the City of Denton, not In conflict with the provisions of this ordinance, shall remain In full force and effect. $EMIO_N a, That this ordinance shall become effective fourteen (14) days from its passage, and the City Secretary is hereby directed to cause the caption 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 day of 1999, JACK MILLER, MAYOR ATTEST: BY: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: r' i ..i BY: HERBERT L. PROUTY, CITY ATTORNEY 6 . NIL c EXHIBIT B ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 34 "SUBDIVISION AND LAND DEVELOPMENT REGULATIONS" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, SECTION 34.35 "ANNEXATION PROCEDURES", PROVIDING FOR NEW STANDARDS FOR PUBLIC NOTIFICATION PROCEDURES USED TO ADVERTISE PUBLIC HEARINGS REQUIRED WHEN THE BOUNDARIES OF THE CITY ARE CHANGED DUE TO ANNEXATION; REQUIRING THE j USE OF FIRST CLASS MAIL TO NOTIFY PROPERTY OWNERS LOCATED WITHIN 500 FEET OF A PROPERTY WHERE AN ANNiXAT10N PETITION IS CONSIDERED; REQUIRING THE POSTING OF SIGNS ADVERTISING PUBLIC HEARING DATES ON PROPERTIES WHERE AN ANNEXATION IS CONSIDERED; PROVIDING A PENALTY IN THE MAXIMUM AMOUNT OF $500.00 FOR VIOLATIONS THEREOFI PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WI IEREAS, th4 City of Denton, Texas holds public hearings as required by Chapter 34 "Subdivision and Land Development Regulations" for many purposes, including annexation petitions; and WHEREAS, the City of Denton complies with Texas State Law regarding requirements for public hearing notification of citizens and Interested parties; and WHEREAS, the City Council of the City of Denton has determined that public hearing notification procedures strongly affect public participation In city government, and that high levels of public participation are vital to good government and sound municipal decision-making; and WHEREAS, the City Council of the City of Denton hes determined that public hearing , notification requirements should be expanded and improved to maintain high levels ofpublic participation, and that other measures have been Identified to enhance existing requirements; and WHEREAS, the City Council has conducted a public hearing on the proposed regulations contained herein; NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION L That Chapter 34 "Subdivision and Land Development Regulations" of the Code of the City of Denton, Texas, Section 34 33 "Annexation Procedures" Is hereby amended to read as follows: (d) Public Hearing Notificatlon Procedures (i) Notice of Public Hearing. One (1) notice of the public hearings shall be given not less than ten (10) days before the date set for We first annaxetlon public hearing using each of the following methods! t i (I) Published Notice. Notice of the scheduled public hearings shall be published ;n the official newspaper of the city staling the time and place of such public hearings and a 0scription of the proposed annexation, (ly Courtesy Notice. Written notice of the scheduled public hearings, property addressed and postage-pald via first class mail shall be provided to all residents of property located within five hundred (500) feet of the subject property by posting such notice to each parcel address as recorded on the city's Geographic Information System (GIS) data base, Failure on the part of property owners to receive the courtesy notice shall not Invalidate the scheduled public hearing process. (III) Posted Notice. A sign shall be posted on the subject property according to rules established and published by the Planning and Development Department, a copy of which will be available at the City Secretary's office and the Planning and Development Department offices. sECUON 11. That the applicant / petitioner shall allow the Director of Planning -d Development or his%er designee to enter on to the premises for which a zoning change or amendment, variance, appeal, or special exception is requested for the purposes of installing, maintaining, and removing signs required by this ordinance. I SE.U103111 , That it shall tv unlawful for any person, other than the Director of Planning and Development or hivb" designee, to knowingly remove, deface, or inure in any manner a sign or part thereof required by the provisions of this ordinance. SECTION IV, 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 V. That if 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 de<9ares It would have enacted such remaining portions despite any such validity. SECTION VI. That all provisions of the ordinances of the City of Denton in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of lknton, not in conflict with the provisions of this ordinance, shall remain in full force and effect. SECTION 1']1, That this ordinance shall become effective fourteen (14) days from its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice In the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, withtn ten 1101 days of the date of its passage. PASSED AND APPROVED this the day of 1999. a a JACK MILLER, MAYOR ATTEST: BY: JENNIFER WALTERS. CITY SECRETARY APPROVED AS TO LEGAL FORM: BY: HERBERT L. PROUTY, CITY ATTORNEY r ~ 1 0 { t EXHIBIT C ORDINANCE NO. AN ORDINANCF, OF THE CITY OF DENTON, TEXAS AMENDING AND ADOPTING THE SCHEDULE OF FEES AS AUTHORIZED BY CHAPTER 33 AND CHAPTER 35 OF THE CODE OF ORDINANCES FOR ThE CITY OF' DENTON, TEXAS, FOR FILING APPLICATIONS FOR REVIEW, APPROVAL, GRANT OR ISSUANCE OF PLATS, PLANS, LICENSES, CERTIFICATES, VARIANCES OR DESIGNATIONS REQUIRED BY THE SUBDIVISION RULES AND REGULATIONS AND ZONING REGULATIONS OF THE CODE OF ORDINANCES; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAVSEI PROVIDING A SAVINGS CLAUSEI PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton, Texas has amended the City Code, Chapter 34 "Subdivision and Land Development Regulations" and Chapter 35 "Zoning" to improve public hearing naification procedures for annexations, zoning changes, zoning variances, appeals, and special exceptions; and WHEREAS, the City Council ha: determined that the cost of public heart"g notification should be bome by the applicants and petitioners making applications requesting annexations, zoning changes, zoning variances, appeals, and special exceptions; and ( WHEREAS, the City Council now inter ids to exercise its authority under Section 34-10 "Fees" and Section 35.7(c) "Filing Fees" by adding the costs of mail and sign notification to the Development Review Foe Schedule; and WHEREAS, the City Council has conducted a public I earing on the proposed regulations contained herein; NOW THEREFORE THE COUNCIL OF Tuff CITY OF DENTON HEREBY ORDAINS; SECTION I. That the Development Review Fee Schedule set forth in Exhibit "A", attached hereto and made a part hereof for all purposes, Is hereby adopted and authorized to be imposed for the riling of applications, review, approval, grant or issuance of plats, plans, permits, licenses, certificates, variances or designations required by the Subdivislott Rules and Regulations and Zoning Regulations set forth and authorized In Chapters 34 and 33 respectively of the Code of Ordinances of the City of t Denton, (Ir' SECTION II. That this ordinance shall repeal every prior ordinance In conflict herewith, but only insofar as the portion of such Prior ordinance shall be in conflict; and as to all other sections of the 10 r, c. 4 ordinance not in direct conflict herewith, this ordinance shall be and is hereby made cumulative except as to such prior ordinances or portions thereof as are expressly repealed hereby, SECTION 111. That if any provision of th?s ordinance or application thereof to any person or circumstance Is held invalid by any court, such holeing shall not affect the validity of the remaining portions of this ordinance, and the City Council of bit City of Denton, Texas, hereby declares that it would have enacted the remaining portions despite ary such validity. I SECTION VI, That this ordinance "I become effective fourteen (14) days from its passage, and the City Secretary Is hereby directed to cause the caption 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 on this the day of '1999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY , BY: APPROVED AS TO LEGAL FORM, J BY: HERB PROUIY, CITY ATTORNEY I r. rt j I !I l„ EX[ItHIT A. DEVELOPAtEYT RE1'IF, N' FEE SCHEDULE # r- Type of Application Fee 1. Predesign Conference $230 (is NJ credited toward other fces)_ 2. Preliminary or Final Conveyance or Development Plat SP & 2r; + 1 of All Others: $200 + $10 1 acre Residential: < 10 lots: 00 + ! of Residential: > 3. Preliminary or Final Plat I01ots:5300+S10!!ot Nonresidential: 5300+ S1 S/ure 4. Amending Finu or Amending Preliminary Plat 1 Rep at 250 5. Minor Plats Do M-/acre 6. F.xienslon of Time for Plat $100 7. Vacation of Plat $250 S. rxneralDevelopment Plan $ 1UO+SIVacre 9. Variance to Subdivision Regulations $250 per variance 10. Annexation Petition $750 11. 11 storic Landmark DesigrtalIon 65 11 Specific Use Permit SI,SDO+ 651acre 13, Minor Amendment to Specific Use Permit $250 + additional $100 if processed administratively 14. Extension of Time for Sped c w Permit 250 acres; IS, Toning Change S+ - 23 acres: $ 1,2S0 16, Dbwnsonin 2S+• 56acres: $2.000 Y SO + acres: 5.,000 + S 10 / acre 17. Zoning Verification Wier $20 pet site 0 • ! acres: $1,500 Is, Planned Development District: S+ • 25 acres: S2,0D0 Concept or D c"topment Plan 2S+ • 50 acres: S1,DDO SO + acres: 54,000 + 110 1 acre 19. Planned Dkvelopment District: Detailed Site Plan 1,000+ $25 1 acre 2O Planned Dk"lopmcnt tkWiled Site Plan: Minor Amendment S25D + additions! $100 if prceessed administratively 21 Planne kvr opment tai a Site Plan: $2S0 Time Exlcnsion 22, Right-or.Wxy or Easement Abandonment $150 per lot 21 Hoard of Adjustment $150 24. Public Ikarfng Ltgall Notice for Property Owners within 20D *1 Current PoAa1 Rate for Codified Mail + K53 + inch 23. Pub k Ileadng Courtesy Notice rot Residents w! in 500 s, Cu"M Post Rate First CIaIN mail etc 26. Public Hearing SIgn - 2' x 3' for fwd Oonlaiea or43 or leu bra,4 $61,00 each 1 2. Public I learirlg Sign - 3' a 4' for toad rmntages or43+ mph $10.1110 ekh I 12 1 i i II EXHIBIT D EXISTING VS. PROPOSED PUBLIC HEARING NOT(FICATION PROCEDURES: ZONING AAIENDNIENTS See 35-7. Amendments (a) Generally. Any person having a proprietary Interest in any property may petition the city council for a cl ange or amendment to the provisions of this chapter, or the planning and coning commission may on its own motion or on request from city council Institute study and proposal fur changes and amendments in the public Interest. (b) Proredure. The following procedures shatl be used in amending this chapter. (I) The city council may, from time to time, amend, supplement or change by ordinance the boundaries of the districts or the regulations established In this chapter as provided by the statutes of the state. (2) Before taking action on any proposed amendment, supplement or change, the city council shall submit the amendment, supptement or change to the planning and zoning commission for its recommendation and report. l* mendrn.nt aniase ' er1'6 0449 411m d plNARIM9 dF>rd*S 4 n on met loss Am wi (101 days Wept ths dow set fop AW hasping by -l Ing auab PlemiorrrepK4y rddNased y!att fell 0) Publ(Z1;eirlnt Reaulred by Planning and Zoning Commission. 11 "IsnninaandZonlna Commission shall hold a public hearing on any enplicetion for an amen. mrnt to or change In the ronina ordinance prior to making lu recommendation and report to the city council. fat Notice of Eiffic Hearin& Notice of the public hearing shall be given not Ir+s than ire f 101 days before the date set for the commtssion's public hearin: using each of the following w1he4,r L111 Published Notice. Notice of the scheduled public hearing shall be published in the ol)kiai newspaper of the city slating the time andpla„re of such public heating and a description ofthe reauested wnendment to the zoning ordinance {(iy Legal Notice. Legal notice of the scheduled public hearing shall sent to all owngs of real property lying within two hundred f 200) feet of t o2my of the sublrct property. No ice shat) be given by mting such not nut less than tnt fl0) days before the date set for hearing, properly addressed an.i postaae•paid yla cenifed mail to each taxpayer as the owner on the last appr iv city tar rol . (1111 C°uttrsv ,ice. -Written notice of the scheduled public hearna. orgpgfjy addressed anu pstage•paid via first class mail shall bt provided to All residents of r , prilpelly INated %ithin five hundred (300) feet of the subiect pWdy_kjggj(1ng A , such notice to each pruel address as recorded nnthg dty s}spyvphle Information ( J System ,1015) data base, Failure on the van of proo,ffiy ou nen "wig courtesy notice shall riot Invalidate the schcduicd public on the part of prWsrty owners to receive the courtesy shall not b aildate the schvduivd public hearing n"Wes9. 13 r (it) Polled Notice. A sign shall be posted on the subjo6t nropertv accor4in4to rules established and published by the Planning and Development Mvartmcrd. a copy of which will be available at the City Secretary's office and the Planning and Mvelopment Dcpartmcni offices. (b) Action by the Planning and Zonlne Commission. i Ill Recommendation or Approval. [(the commission mornmends approval ofthe rccucmcd zoning change, such reuuest shall he referred to the council at the' ncx available regular meeting. except that it shall be not less than twenty 1201 days or more than sixty (60) days alter the commission meeting at which the recommendation was made. (II) Conditions may be aNached, in Qrdcr to safeguard the public safety and weifgrc and to proteci progenies from adverse impacts and incompatibilities. the commission may rVommend conditions and restrictions on the sublect V=rty. (IIU Recommendation of Dcniat If the commission recommends denial ofthe Muested zonln¢ change. such Muest shall not be referred to the council unless the applicant. within ten (10) days of the commission's action. shall file a request In writing with the Mparimcni requesting that the council review thg commission's recommendation. (4) A public hearing shall he held by the city council before adopting any proposed amendment, supplement, or change. Notice of such hearing shall be given by publication In the ollicial newspaper of the city stating the time and place orsuch hearing, which time shall not be earlier than Mktg (15) days from the date or publication. (5) In case of written protest against such change signed by the owners of twenty (20) percent or more of either the area of the lots or land included in such proposed change or of the lots or land immediately adjotning the proposed change and extending two hundred (200) feet therefrom, such amendment shall not become effective except by the favorable vote of tree-founhs of all members of the city council Is required to overrule a recommendation of the planning and zoning commission that a poposed amendment, supplement or change should be denied. (6) No petition ror a change In a zoning district shall be heard for a panicular parcel of properly if, within twelve (12) months prior to the date of sigh petition, a petition for it change of inning for the same or a less restrictive zoning district for the same property was denled by the city council or the prior petition was withdrawn after the giving orpublic notice therefor; provided, however, that the city council, upon finding that there has been a substantial change in conditions In the area in the twelvr mach period that would warrant a reconsideration of the prohibited rezoning request, may allow such petition to he heard, For purposes orthis subsection, the agricultural toning district listed lint in the heading of the schedule of uses of section 35-77 shall be considered the most restrictive zoning district, ani each toning distric' thereafter listed In succession In such schedule shall be considered to be less restrictive than the prior listed zoning district. The provisions orthis subsection shall not apply to applications for planned development zoning distrieh. (c) Filing Feet Any person petitioning for a change or amendment to the provisions of this chapter or amendments to this chapter, pursuant to subsection (a) of this section, shall pay to Vie department of planning and community development a filing fee in an amount determined, and as from time totlmc amended, by A , ordinance approved by the city council, a copy of %hich ordinance is on file with such department, Note: Prorowd new wording is gam; wording proposed to be deleted Is shown with a li i EXHIBIT E EXISTING VS PROPOSED PUBLIC HEARING MIFICATION PROCEDURES: BOARD OF ADJUSTMENTS VARIANCES. APPEALS. SPECIAL EXCEPTIONS See- 99 4 1- OF PIANO l (ear(trgs il+ebeard on allappiieettensand appeals made themo 1, shall rips 3e0) PA 8 f140 Prapett) 8A F l4" exeep;len is made. aetieo-shell be given noFbss d%len (19 escbe by depesimg 6~e sm"o pFepefly addFosged aRd postage paid In the United States Pem Moe Welia- shall at be gi%on by pttblisliM , ~sup mac. 3544. Notice orpublic hearings: Zonin Board of Adiustment shall hold a public hearing on all soplijiiooa and appeals made hereto (a) Notice of Public Hearing Notice of the public hearing .Mali be given not less than ten U01 days before the date set for the board's Public hearing using,cWh of the following methods: (1) PublisbcdNotice Notice ofthe scheduled public hearing shall be published in the official Pcwspatxr of the city slating the time end placye of such public hearing and a dgaiption of the reayested amendment to the zonin ordinance. (2) Lead Nodce, Legal notice of the scheduled public hearing shall be sent toil Owners Q real properly lying within two hundred 4200) feet orprMmy orthe subject propene Notice shall In gAtritylga i t sxh notice not less than ten (10) days before the date set for hearing, properly addressed and postage-paid via certified mail to each taxpavgyi o%ncr on the last antxeved city lax roll (3) Courtesy Notice Written notice of the scheduled pohl+'r hPOda ymmly addressed and mtane-paid via first class mail shall be provided to all residents of pride ipated within live hundred (SOo) feet orthe subiect preMy by Hosting sLMh notice to each mml address as recorded on the city's Geographic Information %stem (Gist data base Failure on he pan of promly Owners to receive the comacsy notice shall not invalidate the scheduled public hearingprocea (4) Posted Notice, A sign shall be posted on the subject property amrdina to ruin established and published_¢y_the P amnia end Development Department a copy of M1.4 will be available at the City Secretary's ollice and h~ Planning and Develoomen, Dew tee r' t„ Note: Proposed new wordirg is derlin wording proposed to be dchlel is shown with a sulks threegh. Is E i EXHIBIT F EXISTING IS, PROPOSED PUBLIC HEARING NOTIFICATidN PROCEDURES: ANNEXATION PROCESS Sec. 34-36. Annexallon procedures. (a) If, after preliminary study, the criteria described in Section 34-35 (which contains annexation policies and evaluation crilerial indicate annexation is appropriate in order to promote or protect the public interest, the city will initiate formal annexation proceedings to consider the annexation question in detail. (b) If a tract o! land in the extraterritorialjurisdiction is contiguous to the city limits and the owner of said property desi.e* that it br. annexed in order to be qualified to receive city services when available and to be afforded forting protection, the owner may petition the city for annexation. (c) Study and annexation procedure. (I ) Based upon guidelines for initiating study, the staff shall initiate a preliminary assessment of the area for possible annexation and present the results to the city council. 'The city council will rc% iew the study results and other information and make a determination whether or not formal study and I. ublic hearings and annexation proceedings should be initialed. (2) irformal public hearings are initiated, the planning and zoning commission shall review the annexation study and make recommendation to the city council. (3) The city council will then consider all recommendations and public comment during the prescribed public hearings phase, and make a determination whether or net to initiate formal annexation I proceedings. (4) Formal annexation proceedings are executed, if applicable. (d) Public Ilearinit Notification Procedures (1) Notice of Public [fearing, One (1) notice of the public hearings shall be given not less than ten (101 dais before the date set for the first annexation Wbli, hearing using each of the following methodsi ill Published Notice, Notice of the schetuled public hearings shall published in the official newspaper of the city stating the time and place of such public hearings and a description ofthe proposed annexation. (III Courtesy Notlee, Written notice ofthe sched dell public hearings.properlvaddressed 1 and postage-pald via first class mail shall bet nyided to all residents of property located within five hundred ($00) feet of the subject property b~ posting such notice to each parcel address as recalled on the city's Gcographic Infatuation 5 st m S database. Failure on the part of property owner to receive the courtesy notice shaft not invalidate the scheduled public hearinaprocess. ON Posted Notice, A sian shall be posted on the subject propgNv according to rules established and published by the Planning and Development Department, a copy of which Hill be available at the Citv Secretan's offic and the Planning and Ikvetopmem Ikpanment offices. Note: Proposed new wording is ioderli wcxding proposed to he deleted is shown with a stake tprcwglr 16 t h w. t I i Exhibit G REGULATORY REFERENCES AFFECTING PUBLIC NOTICE REQUIRENIENT5 Zooi Municipal zoning notifice;ion procedures are govemed by Texas stale law. Section 211.006 of the Texas Local Government Code contains the following provisions: Section 211.006 ProcednmsGoverning %doption of Zoning Re guidons and District Boanderiea (a) The governing body ore mum. Jpality wishing to exercise tha authority relating to zoning regulations and zoning district bounder 3 shall eslab.i%h procedures for adopting and enforcing the regulations and boundaries. A regulation or boundary is n,,4 effective until after a public hearing on the matte at which parties in interest and citizens have in opportunity to b: i ~Ard. Before the I$" day before the date c. the hearing, notice of the time and place of the hearing must be published in an official newspaper or a newspaper of general circulation in the municipality. Section 211.007 Zoning Commission (b) The zoning commission shall make a preliminary report and hold public hearings on that report before submitting a final report to the governing body. The governing body may not hold a public hearing until it receives the final report of the zoning commission unless the governing body by ordinance provides that a f public hearing is to beheld. after the notice required by Section 211.006(a), jointly with a public hearing required to be held by the zoning commission. In either case, the governing body may not take action on the matter until it receives the final report of the zoning commission. (c) Before the I O' day before the hearing date, written notice of each public hearing before the zoning commission on a proposed change in a zoning classification shall be sent to each owner, as indicated by the most recently approved municipal tax roll, of real property within 200 feel of the property on which the change in classification is proposed. The notice may be served by its &"it In the municipality, properly addressed j with postage paid, in the United States mail. If the property ,within 200 feet of the property on which the change is proposed is located in territory annexed to the municipality and is not Included on the most recently approved municipal tax roll, the notice shall be given in the manner provided by Section 21 1.006(a), (ree 111.1706 oboryj (d) The governing body ore home-rule municipality may, by & two-thirds vote, prescribe the type of notice to be given of the time and place of a public hearing held jointly by the governing body and the zoning commission. If notice requirements are prescribed under this subsection, the notice requirements prescribed by Subsections (b) and (c) and by Section 211.006(a) do not apply. r I 17 r. Ordinance 79.62 is proposed to be repealed. Rather than having sign requirements in two separate ordinances, staff has prepared the amendments to replace and enhance the 1979 requirements. ORDINANCE NO. 79-62 (Copy of original] AN ORDINANCE OF THE CITY OF DENTON.TEXAS; PROVIDING f OR THE POSTING OF SIGHS BY THE DIRECTOR OF PLANNING UPON THE APPLICATION FOR A ZONING CHANGE OR A SPECIAL PERMIT; PROVIDING FOR REQUIREMENTS FOR THE SIZE, LOCATION AND CONTENTS OF SAID SIGNS; PROVIDING A PENALTY FOR REMOVAL OR DEFACING OF SAID SIGNS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HERi'BY ORDAINS- SEC3'ION_ L No later than ten (10) days before the Planning and Zoning Commission public hearing on an application for a zoning change or special permit, the applicant shall allow the Director of Planning or his designated representative to place a sign or signs on the property site under application for the purpose of advertising proposed toning changes and special permits. Signs placed on the property site involved shall be In the best location possible for general public view as determined by the Director of Planning. Signs placed on ` the property site involved shall be no smaller than eighteen (3) inches by twenty-five (25) inches and shall at minimum include the words, "Zoning Change Requested" and the current city telephone number of the planning department. All signs shall remain on the property site until final disposition of the zoning or special permit request is determined. Upon such a final disposition, it shall be the applicant's responsibility to remove the said signs from the property site involved. SECTION 11 It shall be unlawful for any person prior to the final disposition of an application request to knowingly remove, deface or injure in any manner a sign or part thereof placed upon property under the authority of this ordinance, Any person who violates any provision of this ordinance be deemed guilty of a misdemeanor, and, upon coin iction, shall be punished by a fine not to exceed two hundred dollars ($200.00). SECTION III. If 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 orthe remaining portions ofthis ordinance, it being the intent of the City Council orthe City or Denton, Texas in adopting this ordinance, that no portion hereofor provision or regulation contained shall become inoperative or fail by reason of any unconstitutionality or Invalidity of any other portion hereof and all provisions are declared to be severable fm that purpose. SECTION IV. i r - This ordinance shall become effective fourteen days from the date or its passage, and the City Secretary is directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the o[litial newspaper of the city of Denton, Texas within ten (10) days of the date or its passage. PASSED AND APPROVED, this the 21' day of August, A D. 1979. IB t r aft Annexation procedure that must be followed by the City of IA'rtton are found in several different regulatory sources. Alto of late tmhe.xatiort process requirer at least two City Council and one P&Z public hearing, 6e only public Notice r ju(red is newspaper publicdtion :+nd certified mailings to railroad companies that fire affected by the annexation. The first reference provided is the tit), of Denton Charter, which includes the following language in Article 1: i See. 1.03 Ptilension of City Ilmtts. The city council, by a vote ornot less than four fifths (41S) of its membership, shall have the power by ordinance to provide for the alteration and extension of said boundary limits, and the annexation of territory lying adjacent to the city, with or without the consent of the inhabitants of the territory annexed. Upon the introduction of any such ordinance jo the city council, such ordinance shall be published one time in the official newspaper of the City of f knlon. The proposed ordinance, or any amendment thereof shall not thereafter be finally acted Et~i n unti l at feast thirty (30) days after the publication thereof; and upon the final passage of any such ordinanor any amendment thereto, the boundary limits of the city shall thereafter be as fixed thereby. When any ad onal property has been so annexed, same shall bear its pro rata part of the tares hied by the city, and the Inhabitants thereof shall be entitled to and shall possess all the rights and privileges ofthe cit,xns of the City of Uenton, and shall be under obligations as such citizens. Chapter 43, Subchapler C of the Texas Local Government Code contains further specifications regarding annexation procedures, including public notification requirements, which apply to the City of Denton: SCdlon 43.052 Abdexatiod i1elring Kequlrements (a) Before a municipality may institute annexation prvxeedings, the,,toveming body of the municipality must conduct two public hearings at which persons interested in the snnexatioo are given the opportunity tote! heard. The hearings must he conducted on or after the 40`v day but before the 20" day before the date of the institution ofthe proceedings. ((hf At asl on af e hearings must be held in the area proposed for the annexation if more than 20 adult test l,ytti o the axed file a written protest ofthe as. exation with the secretary ofthe municipality within 10 days after the date of the publication of the notice required by this section. The protest must state the name, address, and age of each protester who signs. Id the hiuttjopulity must publish notice of the hearings in a newspaper of general circulation in the municipality and in the area proposed for annexation. The notice for each hearing must bepublished at lea t o~jc+c nn or after the 20" day but before the 100 day before the date of the hearing. The municipality must give a iqui(in:1 notice by certified mail to each railroad company that serves the municipality and is on the r muhrL ;+10)'s tax' toll if the company's right-of-way is in the area proposed for annexation. t i 19 i r EXHIBIT H City of Denton Planning & Development Department Public Hearing Notification: Administrative Rules Applicability. In addition to other forms of notification, notice of public hearing as specified in the Zoning Code or Subdivision and Land Development Regulations of the City of Denton requires the posting of signs on the subject property. The signs shall be installed not less than ten (10) days before the scheduled public hearing by the Planning and Zoning Commission or City Council. Sign Fee. A fee for the posting of signs shall be requircd from the applicant for a zoning change in an amount determined by the most current fee schedule, and as from time to time amended, by ordinance approved by the city council, a copy of which ordinance is on file with the department. Payment Sign fees, legal notice fees, and courtesy notice fees shall be collected at the same time, at )east 15 days in advance of the scheduled public hearing. Failure to pay required fees will result in postponement of the public hearing to the next available public hearing date for which the fees have been paid. No refunds will be made upon withdrawal of the application or petition after the signs have been posted or after mailings have been delivered to the Post Office. Sign Posting Responsibility. Site s shall be provided by and meet specifications of the Department of Planning and Development. The uepartmeni shall be responsible for the posting and removal of required signs. Number of Signs Posted. A sign shall be placed along each public street frontage of the subject property. If the property has more than five hundred (500) feet of frontage along any one street, a sign shall be required for each five hundred (500) feet of street frontage. In no case shall more than eight (8) signs be required for a subject property. I Location of signs Posted. At least one sign shall be required on each public street frontage. If multiple signs are required along a public street frontage, they shall be spaced evenly along the public street. Signs shall be located so that O ty are clearly visible from and parallel to the public street, and clear of vegetation, ground signs, utility poles or any other obstructions that may influence the sign's visibility. Signs shall be located as closely as possible to the subject property boundary adjoining the public street frontage. Size of Signs Pwted. The depart ment shall provide two sizes of signs for public notice of zoning changes or amendments. A sign not less than 24 inches by 36 inches shall he used along public street frontages where the posted speed limit ;j 45 miles per hour or less. A sign i of less than 36 inches by 48 inches shall be used along public Vecel frontages where the posted speed imit is greater than 45 miles per hour. Sign Remo%al. Posted signs shall remain in place until the zoning change or arnendment has been acted upon by City Council and shall be removed within three (3) working days of such action, r~ OAnership. The applicant'petitioncrowns all signs that are paid for and installed, and may take < < possession of the signs w.ce removed from the subject property by the department. The department retains ownership of Prat es used to support the signs. The department reserves the right to determine if used signs are reusable. DRAFT: January 26`,1999 20 i w r EXHIBIT AGENDA INFORNIATION SHEET AGENDA DATE: September 22d, 1998 DEPARTMENT. Planning & Development CNVDCNI/ACNI: Rick Svehla US BJFCT Receive a report, hold a discussion, and give staff direction regarding zoning notification procedures. BACKGROUND The subject o public notification for public hearings related to rezonings, replats, planned developments, variances and other development proposals was discussed by City Council during the May 20s, 1998 work session. Questions were raised regarding the cost of the proposed signs, and staff indicated that more time was needed to develop an efficient system for the mailing of Courtesy Notices to individuals located between 200 and 500 feet of a froperty subject to public hearing. The details of the rreiling system for legal and courtesy notification are ready for review. The sign system as proposed by staff, remains intact without any revisions. If a le -xpemlve system is preferred, staff will respond as directed. 3 I The public hearing notification process, as of fanuary 1",1999, would include: 1. Newspaper Publication, Notice of Public Hearin4 Current Procgs~ A noti,:e of public hearing is published in the Denton Record Chronicle twice, one notice for the P&Z hearing no less than 10 days in ai vance, and one notice for the City Council hearing no less than 15 days in advance. 0 Proposed Proce" No changes are proposed by staff. 2. FCQLerty Oaner Written Notices 0 01MM-t Process The current process involves legal notification of property owners located within 200 feet of the subject site, The "Legal Notice" Porn: used currently is shown in Attachment 01. Planning staff develops a mailing list for each public hexing from the "most recently approved municipal tax roll" manually, prepares the notice, and mails the notices via regular first class postage. The cost of mailing is 50.32 per notice. Proposed proces, Legal Notice (200' List) r f , The current legal notification process for owners of property located within 200 feet of the subject site should be retained with one revision. The notices should be sent to property owners via certified mail. In order to send one notice certified,'return receipt, there is a $0.32 postage charge, S1.3S certified mail charge, and a $1.10 charge for return receipt, for a total or$2.77. This process certifies delivery and provides positive proof through a 2t { t d signed receipt. Many cities t::r renified mail to avoid claims of delivery failure. Potential drawbacks to certified delivery include the expense of postal processing, and could cause inconvenience to those property owners not available to sign for the receipt of the notice. Courtesy Notice (200'+ to S00') Residents or occupants of property located more than 200 but less than 300 feet of the subject site will receive a "Courtesy Notice" (xe Attachment k2) that is a different format and paper color than the Legal Notice. The Courtesy Notice would be sent via regular first class postage, costing 50.32 per notice. As opposed to the Legal Notice procedure, staff will prepare the mailing list from the City's Geographic Information System (GIs), using parcel addresses to determine the locations to which the Courtesy Notices will be sent. Rather than being mailed to specific individuals, the Courtesy Notices will be mailed to the "Resident t Occupant". The reason for the use of the GIs system is to allow the mailing list to be generated very quickly, with little or no loss of reliability. The cost of certi fled mail for the Legal Notice and first class postage for the Courtesy Notice should be charged directly to the applies :t, above and beyond any application fees. NOTE: The proposed implementation date for the above-referenced changes is Januaryi°, 1999. In addition, please be aware that neither of the addressing systems are fail-safe. By state law, the "most recently epproved municipal tax roll" must be used to generate property owner mailing lists. Some moperty owners will not receive the notices if they have moved recently or if their address is listed incorrectly on the tax Vol, and occupants within 200 feet of the Subject pcoperty will not receive notices it they tut not property owners. Property owners in the ET) are not entitled to receive legal notices, nor does state law allow their opposition to affect the 20% Rule. Signs are typically used by municipalities to p bvide an alternative to those who do not receive mailed notices. 3. Site Slenaee _CZ[e*lOUS Process Small cardboard signs approximately 28"(W) X 22"(L) in Jze were posted on the subject site by Planning staff using 3-feet tall wooden stakes. The signs were not readily visible, highly vulnerable to weather damage and vandalism, and ineffective. The posting of these signs has been temporarily discontinued becAuse of constant replacement and ineffectiveness. Ordinance 79-62 was adopted in 1979 to authorize staff to post zoning change signs on private property. SIEa Fabrication I Materials Pro sat; NIs ly 998 Option (!xlietal 3' X 3' alga wit- Interchangeable Information placards) A reusable 3' X 3' metal sign, fabricated by the city's Traffic Division, was recommended to City Council in May 1998. The sign is made of standard highway sign materials, including reflective backing and vinyl transfer lettering. Detailed information was proposed to provide specific public heating details, Fabrication of the 3' X 3' base sign and smaller interchangeable metal placards, installation, inspection, and removal was proposed to be handled by city staff, at a cost of $200.00 per sign per public hearing. The cost estimate was based on the staff assessment that a new full-time position would be needed to perform all related sign responsibilities. A requast was made at the May 1998 work session to explore less expensive sign options. 22 c a Since May 1998, the decision has been made to create a Zoning Inspector position that could be assigned to install and remove the signs, among other duties, relieving the need to create a position for the sole purpose of handling the sign system. Two options are shown; CITY OF DENTON NOTICE OF PUBLIC HEARING PROPOSAL: ZONING CHANCE CASE# Z49415 SITE SIZE a482ACRES PUBLIC CITYCOUNCIL 7:00 pm MAY 12, 19911 HEARING COUNCIL CHAMBERS CITY HALL 21S E. MCKINNEV STREET FOR molK INFO; CITV PLANNING A D[VFtAFMt DER. 211 N. ELM STREET (918) 349433u Detailed Information Sign Proposal: Original May 1998 Sign Copy h A fter reviewing the signs used by Lewisville and Flower Mound, staff felt that a generic sign option information, the likelih foodsofl ine alternative to the phone original becomes ~ er, The trade-off is the simplicity involved in the notification. City of Denton ZONTING CHANCE REQUESTED For PUBLIC HEARING Information Call 349-8350 Generic Sign Option 23 t • Styn Fabrication 1 Materials Alternative: Lewisville System [Corrugated plastic-laminated cardboard, 2'/.' X 4' generic sign) The City of Lewisville requires the use of 2% X 4' signs made from a corrugated vinyl called "core-tex". Only one sign copy is used, as illustrated below: ntr ur LEWISVILLE ZONING CHANGE REQUESTED For Information Call 219-3455 A Lewisville sign wil I be available at the September 22nd work session for Council inspection. The cost of each sign is $35.00, and is sold over the counter at the Lewisville PIannIng department. According to information obtained from Lewisville officials, the Planning staff determines the number and location of signs, and the applicant is required to install the sign. The number of signs is determined in accordance with site size and road fron!age, but the staff does exercise discretion to require more or less signs depending on individual site i characteristics. No special resources are devoted to regular inspections to determine the sign is installed in the proper location and is visually, conspicuous, not does the sign have to be installed in a specific manner. If the owner of the sign does not remove the sign within two weeks of the date of the City Council decision, the staff removes the sign for reuse if in reasonable shape. wog Fabrication J Materials Alteranthm Flower Mound System The City of Flower Mound uses the srme core-tex sign material as Lewisville, with some variations. Flower Mound's signs are 3' X 4', and a metal frame is required that reinforces the sign face and has spikes for grc4 id installation. Rather than selling the signs over the counter, Flower Mound provides a list of sign vendors to developers, who are then responsible for sign purchase and installation. The sign copy for Flower Mound is similar to that of Lewisville: TON1N OF FLMk FR N101IND, TEXAS SPECIFIC USE PERMIT REQUEST IS BFING MADE A ON TIIIS PROPERTY FOR INFORMATION CALL 539-6012 24 There are four types of signs required by Flower Mound for the purposes of advertising a "SPECIFIC USE PERMIT REQUEST," "SPECIAL PERMIT REQUEST", "ZONING REQUEST", or "MASTER LAND USE PLAN REQUEST." The number of signs required depends on site size and road frontage. A sign vendor contacted by Planning staff indicated that each 3' X 4' sign costs $65.00, and each metal frame costs S40.00 when these items are purchased individually. ESTIMATED SCHEDULE OF PROJECT mp ementatiun oft the revised pu-`b ici hearing notification procedures is proposed to begin on )a :nary 1', 1999. Amendments to the fee schedule and Ordinance 79-62 would be required prior to implementation, and will be prepared upon direction by Council. PRIOR ACTIONIR EV~W This is the second work session scheduled to discuss specific public notification procedures. The Denton Plan Policies, adopted by City Council on AW 7'1', 1998 encourage extensive public participation and input in all local governmental processes. in early 1998, Planning staff was asked by City Council members to explore new methods to provide better information to more citizens regarding development-related issues. When rezoning requests, annexation petitions, planned development ordinances, specific use permits, subdivision replats, and variances are considered by City Council and other appointed boards and commissions, public hearings are required by law to allow public access and input during governmental decision-making processes. Comments received by staff during the last year indicate a strong Council commitment to encourage public participation during the formation of the Denton Plan, to encourage staff facilitation of neighborhood meetings before public hearings are held, and to improve the public hearing notification process. The latter objective, the public hearing notification process, was the subject of discussion for the May 2e work session. The Public Hearing Notification Process Currently, State law requires a notice in the local newspaper to advertise that a public hearing will be held for rezonings, planned developments, specific use permits. and zoning variances as per The following section from the Texas Local Government Code (TLGC): Section 211,006(g) of the TL G The governing body of a municipality wishing to exercise the authority relating :o zoning regulations and zoning district boundaries shall establish procedures for adopting and enforcing the regulations and boundaries. A regulation or boundary is not effective until after a public hearing on the matter at which parties in interest and citizens have an opportunity to be heard. Before the 15'h day before the date of the hearing, notice of time and place of the hearing must be published in an official newspaper or a newspaper of general circulation in the municipality. In addition to newspaper publication, State law also requires public hearing notification of all propcro owners within 200 hundred feel for rezoning (including planned developments and specific use permits) and varlances requests. Section 212.013 requires notice to begiven for residential replais that have been zoned or deed restricted for properties with a density that does not exceed two family development within the last five years. ~s a R Section 211.007(c) ofthe LGC stares: Before the 10 day before the hearing date, written notice of each public hearing before the zoning comt,tission on a proposed change in a zoning classification shall be sent to each owner, as indicated by the most recently approved municipal tax roll, of real property within 200 feet of the property on which the change in classification is proposed. The notice may be served by its deposit in the municipality, properly addressed with postage paid, in the United States mail. If the property within 200 feet of the property on which the change is proposed is located in territory annexed to the municipality and is not included on the most recently approved municipal tax roll, the notice shall be given in the manner provided by Section 211.006(x). Once a notice is received in opposition, it is attached to other notices in opposition and is used in calculating the Iota! percentage of property within 200 feet. State law requires a three fourths vole rd of 7 City Council it, embers) of the governing body if the property owner(s) of twvnry percent (1055) of the property locarcd within 200 feet are opposed to the proposed reclassification. This has been j referenced as the "20511 rule" by staff. IE I FISCAL (NFORMA T, I0~~1 1 • WRITTEN NOTICE MAIL!, Cyr The cost of mailing tie Legal Notices would increase from 50.32 to $2.77 each. courtesy notices would costs $0.32 "ch. Staff proposes that dhese costs be directly assigned to the applicant specific?lly by amending the fee schedule. The fee should be collected before the notices are mailed. If the applicant withdraws the application after the notices are mailed, no refund would be made, • SIGNAGE Signage cost estimates are provided for five option as described below. Staff feels that the core-tex material may be a feasible option that could be tested in the field. Staff is also convinced that any J signs used should be installed, inspected, and removed by city personnel to ensure proper performance, 11 The cost trade-off between sign simplicity and increased phone h.quiries is difficult to gauge, although calls to the Planning & Development Department will almost certainly increase under either the detailed or generic sign information options. DETAILED INFORMATION 3' 13' METALMN • base sign installed once for duration of project, placards changed between public hearings date, time, type of request, site size, case R specifically provided fir, placards • fee collected at time of application, $100.00 per sign (materials & labor) installed, inspect, i regularly, and removed by City Zoning Inspector sign remains the property of the City • GENERIC 3' x 3' METAL SIGN • sign(s) installed once for the duration of the development project • four potential sign copies include Zoning Change, Planned Development, Specific Use Permit, Variance q fee collected at time of application, $75.00 per sign (materials & labor) (l, installed, inspected regularly, and removed by City Zoning Inspector sign remains the property of the City :ti e 4 LEWISVILLC W x 4' CORE•TEY, SIG Y • sign(s) installed once for the duration of the development project • only one sign copy used (Zoning Change) sold over the counter, $33.00 per sign Installed by applicant sign becomes the property of the applicant FLOWER MOUND V x 4' CORE•TEX SIGN WITH METAL FRANIE sign(s) installed once for duration of development project four potential sign copies used (Special Permit, Specific Use Permit, Zoning, Master Plan) sold by private vendors, $65.00 per sign, $40.00 per metal frame (no discount) • installed by applicant sign and frame become the property of the applicant • "CITY-STAFFED" C. EX SIGN & METAL FRAME OPTION -sign(s) installed once for .r...-ation of development project • four potential sign copies include Zoning Change, Planned Development, Specific Use Permit, Variance • fee collected at time of application 0 - 41 mph roadway:.565.00 per 2'x 3 blgn/frame ($25.00 materials & $40.00 labor) 45+ mph roadway: SIU1 per 3' x 4' sign)rmme ($45.00 materials & $55.00 labor) • city purchases signs at high quantity silk-screen discounts (approximately 5004 lower cost) • installed, inspected regularly, and removed by City Zoning Inspector • sign(s) remains the property of the applicant • frame(s) remains the property of the City CONCLUSION Sta recommends implementation ofthe following public hearing notification procedures: • The legal notice of public hearing will be published In the local newspaper as per by state law. , 4 The state-required 200-foot legal notice will be delivered via Certified Mail. t' Courtesy notices will be delivered to residendoccupants located between 200 and 500 feet of a public hearing property via first class mail. The "City staffed" core-tex sign option will be implemented a s Indicated above, using only two different sign copies: "Zoning Change Requested" and "Vsrian;e Requested". ♦ The public hearing notification improvements wall be implerented starting January 1°, 1998. EXHIBITS Attachment M1: Sample Legal Notice of Public Hearing Attachment M2: Sample Courtesy Notice Resxctfully Submitted: David M. Hill Director of Planning and Development ]T i r T A7"F UNJENCE al LEGAL NOTICE OF PUBLIC_ HEARING Z-98-019 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, May 13, 1998, to consider rezoning a 4.996 acre tract located on the east side of FM 2181 (Teasley Lane) across from Bent Oaks Street, commonly known as 31111 Teasley Lane, from an Agricultural (A) zoning district to an Office (O) zoning district (see mop on backside). The 4.996 acre property is legally described u Tract 7 of the 1, Fisher Survey (Abstract A21), Denton Canty, Texas. The purpose of the zoning change is to develop offices. The public hearing will start at S:30 p.m. In the City Council Chambers of City Hall located at 215 & McKinney Street, Denton, Texas. Because }nu own properly within two hundred (100) feet of she subject property, she Planning and Zoning Commission would like to hear how Jnufeel about this soning change request and inviles Abu to attend the public hearing. Please, in order for public opinlon to be taken Into accoun4 return this form with your comments by mail, fax or in person to: Planning and hvelopm•ot Department j 221 N. Elm ST Denton, Texas 76201 Attn: Wayne Reed, Planner 1 A zoning petition follows a two step process designed to provide opportunities for citizen involvement and comment. The first step, follow in; the submission of an application for a zoning change, Is to schedule a public hearing before the Planning and Zoning Commission. Landowners within two hundred (200) feet of the subject property are notified of the Planning and Zoning Commission public hearing by way of this notice, The Commission is informed of the percent of responses in support and in opposition. Second, the zoning petition is forwarded to the City Council for final action providing the Commission recommends approval. Should the Commission recommend denial, the petitioner may then appeal the request to the City Council. If owners of more than twenty (20) percent of the land era within two hundred (200) feet of the site submit written opposition, then six out of seven votes of the Ct.v Council are required to approve the zoning change. These forms are used to catculaly the percentage of landowner opposition. Plea se circle one. in in or of request Neutral to request opposed to request 1 Commentst Signature: Printed Name, Mailing Address: City, State Zip: Telephone Number t A# G Physical Addreu of Property within 200 feet: a't t 1 2s MINOR ATTACH,<I ENT 4 COURTESY NOTICE Z.9@-019 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday. May 13, 1998, to consider rezoning a 4,996 acre tract located on the east side of FM 2181 (Teasley Lane) across from Bent Oaks Street, commonly known as 3311 Teasley Lane, from an Agricultural (A) zoning district to an Office (0) toning district (see map below). The 4.996 acre property is legally described as Tract 7 of the J. Fisher Survey (Abstract 421), Denton County, Texas. The purpose or the zoning change is to develop offices. The public hearing will start at 5:30 p.m. in the City Council Chambers of City Hall located at 218 E. McKinney Street, Denton, Texas. Beroule ydu own geonerty k-zthln f w hundred !5001 feet of the subject proocrty, the f2mmissloners encourage voa to express your views about this :oatng change =Best and Invite rbu to attend dT Public hearing. Neighboring property owners located within 200 feel of the subject site may have received a different type of notice, giving them an opportunity to submit written support or opposition for this proposal In accordance with state law. You are still encouraged to offer written comments or verbal comments at the public hearing. Please call the City Planning R Development Department at 9401349.8350 if you have any questions. ' f i LOCATION MAP 29 i i M r Agenda No.._~Z_ Agenda Item AGENDA INFORMATION SHEET Date AGENDA DATE: January 26,1999 I DEPARTMENT: Finance CM/DCM/ACM: Kathy DuBose, Assistant City Manager of Finance i SUBJECT Receive a report and give staff direction regarding the 1999.2000 budget calendar. JKKGROUND I Please find attached a copy of the 1999-2000 budget calendar for your review. The j calendar includes several dates that you should note. Thursday, August 12, 1999, has been targeted for the City Council budget workshop. This will be an all-day meeting beginning at 9;00 a.m. Also, please note that Friday, August 13, has been reserved as an extra day for City Council budget deliberations if needed. Hopefully, the extra meeting will not be necessary. However, staff wanted to give City Council advance notice* in case. Final adoption of the 1999.2000 budget is scheduled for September 7,1999. PRIOR ACTION/REVIEW (Council, Boards, Commissions) JJ Not applicable. 1 i Fl$CAL INFORMATION Not applicable. VXUIBITS (If applicable) 1999.20NO BUDGET CALENDAR Resp-mifully submitted: J Fortune Ai a ~1 Director of Management and Budget r° 1 : f A 1999.2000 OPERITINO BUDGET CALENDAR January 20 Tuesday Council briefing on the budget process and discussion of the Budget Priority Questionnaire. January 27 Wednesday Budget Priority Questionnaire distributed to City Council, February 2 Tuesday City Council returns Budget Priority Questionnalre, February 23 Tuesday Review and discussion of Budget Priority Questionnaire results with City Council. March 10 Wednesday Planning and Zoning Commission briefing on CiP process. March A Wednesday Budget Kick-off (Operating and Capital Improvement Program). May 25 Tuesday Discussion and distribution to City Council & the Supplemental Budget Priority Questionnaire, June 1 Tuesday City Council returns Supplemental Budget Priority Questionnaire. June B Tuesday Review and discussion of Supplemental Budget Priority Que3tionnaire with City Council. June 9 Wednesday Presentation of Capital Improvement Program to Planning and Zoning Commission (General Government and Utility) Planning and Zoning Commission considers a recommendation to City Council regarding the Capital Improvement Program. June 22 Tuesday Capital Improvement Program presented to City Council. July 30 Friday Proposed operating budget submitted to City Council. Submission of ad valorem effective and r llback tax rates to City Council, Submission of appraisal roll to the City Council, Submission of certified ad valorem collection rate to the City Council, August 12 Thursday City Council Budget Workshop August 13 Friday City Councll Budget Workshop ttentative) August 17 Tuesday City Council Budget Study. Vole io consider a proposal for a tax Increase prior to publishing notice of hearing. (Final Date) August 24 Tuesday City Councl' ;dget study. August 31 Tuesday Public hearing on tax Increase. Public hearing on proposed budget. Final City Councll budget study. PIN September 1 Tuesday City Council adopts Annual Program of Services (budget) and tdx rate. Approval of 2000 Tax Roll City Council adopts Capital Improvement Program budget, 2 i Agenda No,_ 1 Agenda Item AGENDA INFORMATION SHEET oat AGENDA DATE: January 26, 1999 i DEPARTMENT: Finance CM/DCMIACM: Kathy DuBose, Assistant City Manager of Finance SUBJECT: Receive a report and give staff direction regarding the 1999-2000 City Council Budget j Priority Questionnalre. BACKGROUND: Each year the City budget process begins with the c, mpletion of the Budget Priority Questionnairr by City Council. Because City Cou.,cil direction is essential to guide the budget process, your help is needed to prepare the 1999-2000 questionnaire. Please review the attached list of possible service areas to be included in the 1999.2000 Budget Priority Questionnaire, and be prepared to make any suggestions, additions or deletions during the January 26, 1999 City Council Work Session. The Budget Priority Questionnaire will be distributed to City Council on January 27,1999 and will be due back to the budget office by Tuesday, February 2, 1999. The results of the questionnaire will be presented on February 23. If 1 can provide you with additional information, please let me know. PRIOR ACTIONIREVIEW (Council, Boards, Commi,sioos): The attached list of services tyres approved by City Council prior to completion of last year's Priority Questionnaire. FISCAL INFORMATION: Not Applicable t. F]f}i10ITS (II applicable) Priority Qu-stionnalre 5e, vice rvcas Respectfully submitted; r r~ er" To oe D?, •tor n M Bement and Budget Ii 1 i ATTACHMENTI Priority Questionnaire Service Areas Public Safety Type Services Police Patrol Crime Investigation Drug Abuse/Enforcement Programs Community Oriented Policing (COPS) Parkingfrraffc Enforcement Fire Prevention Emergency Medical { nbuiance) Fire Suppression Emergency Preparedness (Management) Environmental Health (Inspections, etc.) Animal Control Municipal Court Juvenile Justice System Auto Theft Prevention Programs Children Oriented Safety Programs Public Works Type Services { Street Maintenance/Repair Street Construction/Rebuilding Street Sweeping Traffic Signal ization/Engineering Airport Development Community Development Type Services Public Transportation (SPAN, etc.) Neighborhood Services (NICE, etc.) Downtown Redevelopment (Main St., etc.) r Low & Moderate Income Housing , Long Range Comprehensive Planning Development Review Process 2 i ATTACHMENT i Priority Questionnaire Service Areas Community Development Type Services (cont.) City Beautification (Parks, Facilities, Medians) Code Enforcement Demolition of Substandard Bldg. Sign Violations High Weeds/Debris Violations Building Inspection Historic District Preservation Parks and Leisure/Library Type Services New Parks/Park Expansion (In Neighborhood, Community) Park Mainte=nce (Athletic Fields, Medians, Mowing) New Athletic Fields Bicycle/Hiking Trail Development Greenbelt System Planning/Development Recreation Center Programs Senior Citizen Programs Youth Recreation Programs New Athletic Programs Civic Center Maintenance Library Programs (In General) Library Expansion Library Youth/Children's Programs Library Reference Services Library AudioNisual Services Internal Type Services /A Legal Services i Info/Data Processing Services I it Ir . ' I I~ ATTACHMENTI Priority Questionnaire Service Areas Internal Type Services cons Risk Management Internal Audit Services Personnel Recruitment Employee Troining/Development Workforce Diversity Other Services/Issues Contributions to Human Service Ager •ies Current Hotel/Motel Tax Contributions Employee Pay Plan Adjuctments/Bcnelits Econc fic Development Incentives for Development (Tax Abatement, etc.) Utility Incentive Rates Utility Incentive Lines Develop University Relations in Regards to Cohesive Policies for the Community Develop Workforce Training Partnership With Universities, NCTC, and DISD Utility Type Sen, Landfill Solid Waste Co ction Storm Drainage nprovements Wastewater Treau,ient Plant Water Storage/Reserves Litter Programs Recycling Efforts Electric Service Telecommunications System Inlill Policy Development 4 I Agenda Agenda Item _111E DRAFT -JANUARY 21,1999 Gate~_. , i ORDINANCE NO. AN ORDINANCE ORDERING AN ELECTION TO BE HELD ON MAY 1, 1999 IN CON- JUNCTION WITH THE REGULAR CITY COUNCIL ELECTION FOR THE PURPOSE OF SUBMITTING AMENDMENTS TO THE DENTON CITY CHARTER REGARDING SALE AND ALIENATION OF PORTIONS OF PUBLIC UTILITIES, CREATING NEW UTILITIES, QUALIFICATIONS OF CANDIDATES FOR ELECTIONS, PROCEDURES FOR HOLDING ELECTIONS, FRANCHISE CHARGES, PROCEDURE FOR ADOPTING A BUDGET, COR- RECTING REFERENCES TO APPLICABLE LAWS, EXPANSION OF THP. BOARD OF i ADJUSTMENT AND PUBLIC UTILITIES BOARD TO SEVEN MEMBERS, REMOVAL OF PARKS BOARD FROM THE CITY CHARTER, PROVIDING NOTICE OF CLAIM PROCE- DURES IN COMPLIANCE WITH STATE LAW, ELIMINATING PLANNING COMMIS- SION RECOMMENDATIONS ON SALES AND PURCHASES OF PROPERTY AND ON UTILITY CAPITAL IMPROVEMENTS, AND PROVIDING THAT THE CHARTER SHALL BE GENDER NEUTRAL; DESIGNATING THE PLACE OF HOLDING SUCH AN ELEC- TION; NAMING THE OFFICERS THEREOF; PRESCRIBING THE FORM OF BALLOT, PROVIDING FOR NOTICE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Denton City Charter was last amended in 1979; and I WHEREAS, many changes in the law, especially the Texas Local Govemment Code and other laws that affect municipal corporations like the City of Denton, Texas, have made it neces- sary to amend the Charter to make it conform with changes in law during the last twenty years; J%d WHEREAS, the City Council desires to make changes in the Charter to expand the membership of several boards, facilitate its ability to sell, alienate, or expand its public utilities, to make the Charter gender neutral, and to make other administrative changes; and WHEREAS, the City Council deems it in the public in'erest that the City Charter be so 1! amended; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION 1. That, in accordance with the provisions of Tex, Loc. Gov't Code ¢9.04, there shall be submitted to the voters of the City of Denton, Texas, at the regular City election to be held on May I, 1999, the following amendments to the Home-Rule Charter of the City of Denton, Texas: i 1 ' ANIENDMF:NTNO.1 I That Article I of the Charter shall be amended by amending Section 1.03 "Extension if City limits' so that the same shall hertafter read as follows; 1 Sec. 1.02. Extension of City limits. The City Council, by a vote of not less than fiAhS (4,15 a majority of its member- ship, shall have the power by ordinance to provide for the alteration and extension of said boundary limits, and the annexation of territory lying ldjaccnl to the City, with or without the consent of the inhabitants of the territory annexed, Upon the introduction of any such ordinance to the City Council, such ordinance shall be published one Lima in the official newspaper of the City of Denton. Amendments may later be incorporated into the proposed ordinance by a vote of not Icss than few fifths (415) a majority of the membership of the City Council and publication one time in the official newspaper of the City of Denton. The proposed ordinance, or any amendment thereof, shall not thereafter be finally acted upon until at least thirty (30) days after the publication t ereof; and upon the final passage of any such ordinance, or any amendment thereto, the boundaries of the limits of the City shall thereafter be as fixed thereby. Whin any additional territory has been so annexed, same shall be a part of the City of Denton, and the property situation therein shall be cubject to and shall bear its pro rata part of Elie taxes levied by the City, and the inhabitants thereof shall be entitled to and shall possess all the rights and privi- i lcges of the citizens of the City of Denton, and shall be under obligations as such citizens. ANIENDMENi NO.2 i That Article I of the Charter shall be amended by amending Section 1,05 "Powers of the City" so that the same shall hereafter read as follows: Sec. 1.05. Powers of the city. The City of Denton shall have and may exercise all the powers granted to cities by the Constitution or laws of Texas including specilically those powers made available to cities of more than live thousand (5,000) inhabitants by what is known as the Home Rule Amendment to the constitution of Texas (Article Xd, Section 5) and the Horne Rule Enabling Act (fhepter Far Title 28 of !be Revised Givil Sisimies ef the State efTexes, 1925 Section 3.004, Chaptre 9, and Chapter 26 of the Texas Local Government Code), as it now reads or may hereafter Amended, The City may acquire property within or without its corporate limits for any municipal purpose; may cooperate with the pweunment of Texas or any agency thereof, or with the federal govern. ment or any agency them^f, or with the government of any county, city, or political subdivision to accomplish any lawful prrposc for the advancement of the health, morals, safety. conven- ience, or welfare of the city or its inhabitants; may sell, lease, mortgage, hold, manage, and con- trol such property as its interest may require; provided the City aisslF may not sell, convey, lease, mortgage, or otherwise alienate the enE#e assets of any public utility sysrem or any portion thereof essential to rondnued c)Yectity utility senice without issier the approval by a majority of the qualified voters of the City who vole at such an election; and may exercise the power of emi- nent domain when necessary or desirable to cal ry out any of the powers conferred upon it by this Charter or the Constitution or laws of Texas. The enumeration of particular powers in this Charier shall not be held or deemed to be exclusive, but in addition to the powers enumerated herein, implied thereby, or appropriate to the exercise thereof, the City shall have and may exer- rage 2 ` r cise all other powers which under the Constitution and general laws of this state it wuuld be competent for this Charter to specifically enumerate. AMENDMENT NO.3 That Article I of the Charter r' Ptl be amended by amending Section 1.06 "Liabilities, ex- emptions, and limitations", subsection ,a) so that the same shall hereafter read as follows: Sec. 1,06. Liabilities, exemptions, and limitations. (d) The City of Denton shill never be liable for death or personal injury of a person or for property damages of any kind unless within thirty (30) ninety (90) days after the occurrence thereef causing the damage, death, injury, or destruction a notice In writing on behalf of the per- son injured or claiming damages, if living, or ther son's representutive, if dead, or the owners of the property injured or destroyed is delivered to the city manager stating specifically and ac- curately in complete detail when, whrx, and how the exact death, injury, destruction, or dam- ages occurred, the full extent theeeelof thr Injury, the basis of the claim, and the amount of dam. ages claimed or asserted, the residence o) the claimant by street number at the date the claim is presented, the residence of the claimant for six (6) months lmmediately preceding the occurrence of the death, injury, or destruction, and the names and addressee of all witnesses upon who it Is ` relied to establish the claim for damages. Provided, nothing In this subsection shall be con- strued to .0'ect or repeal the provision in subsection (e) of this section relating to the liability of the Ciryfor damages on account of injuries received on the sidewalks, streets, alleys, and public places of the City. AMENDMENT NO. d That Article I of the Charter shall be amended by adding a new Section LOB "Gender neutral" so that the same shall hereafter read as follows: Sec. LFg. Gender neutral. Wheneirr used in this Charter, a word importing the masculine gender only shall extend and be applied to include females, and, where applicable, is firms, partnerships, and corpora- tions, as well as males. i AMENDMENT NO. S That Article 11 of The Charter shall be amended by amending Section 2.02 "Qualifica- tions" so that t! - same shall hereafter read as follows: ' See. 2.02. Qualifications. 1 (a) Each member of the Council, in addition to having the other qualificatons yrescnbed by law: r Page 3 r. ci 6 (I) Shall be a qualikd vaisr of registered to vote in the City; (2) Shall have resided for at least one year next preceding his or her election within the corporate limits of Denton; Shall neFb (4) (3) Shall not hold any other public office of emolument; (4) Shall have and maintain the eligibility requirements for municipal ofieers set forth in Section 14.001 of the Texax Election Code, Vernon's Texas Civil Statutes Annotated hereinaf?er referred to as "Flection Code" as it may now read or hereafter be amended. (S) Shall tie! be Seel in Div or.,eltimo%t , with befk~;ee Wa+ested in iho et , Maleria I s, skip plies, ep equipmemi,-*nd I the P iy, @+ wiiheui the fifty bu! sewimg inhabitatits in !he Gity, pier shall he be !he owner op poo (b) If a member of the Council shall, after being elected, ceases to possess any of these qualifications or eligibility requbcmeno, or shall hold another office of emolument, or enter a plea ofgudo to a felony, or be convicted of a felony he or she shall immediately forfeit his or her office, AMENDMENT NO.6 That Article It of the Charter shal! be amended by amending Section 2.04 "Vacancies In Council" so that the same shall hcreaRer read as follows: See. 2,04, Vacancies In Council, Where a vacancy in any place on the Council shall occur, the vacant place shall be filled by a special election, end, where necessary, by a runoff election, in the same manner as provided in this Charter for the regular election of the councilperson. Such special election shall be held on a Saw the first authorised uniform election date occurring on or after the thirtieth day after the date the election is nrdered and as otherwise ser forth in the Elec. tion Code as it now reads or may hereafter be amended following the creation of the vacancy, t { 1!. ! and the runoff election, where nece;..~Ary, shall be held ' elePtien in accordance with the requirements of the Election Code; provided, however, that where a vacancy shall occur within one hundred and twenty (120) days of a regular election, no sfccial election to fill the vacancy shall be called, unless more than one vacancy occurs, pro- Page 4 c III I c I I I I I vided that all such elections shall be held within the time limits and to accordance with the re- quirements of appiic lble sections of the Election Code. AMENDMENT NO.7 i That Article Ili of the Charter shall be amended by amending subsection (a) of Section 3.01 "Municipal elections" so that the same shall hereafter read as follows: Sec. 3.01. Municipal elections. (a) The regular election for the choice of members of the City Council as provided in Article It shall be held each year on the first Saturday in April May cr any other uniform election day for municipal elections established by she Election Code, The Council may by resolution order special elections which shall be held as nearly as practicable according to the provisions for a regular election. The hours and places for holding all City elections shall be determined by the City Council, the Election Code and all other applicable laws. AMENDMENT NO. g { That Article HE of the Charter shall be amended by amending subsections (a) and (b) of Section 3.02 "Nominations" so that the same shall hereafter read as follows: See. 3.02, Nominations. (a) Any qualified person may have his or her name placed on the ballot as a candidate rot eeeneilman councilmcmber by filing with the city secretary not more than ninety (9J) days nor less than thirty (30) days prior to the date of election an application in substantially the fol- lowing form: to - , do hereby declare that I am a candidate for the Council of the City of Denton and request that my name be printed upon the official Ballot for that of- lice in the next City election, 1 am aware of the nepot0m law, chapter 31! of the Gov- ernment Code, I am qualified to serve on the Council with respect to the qualifications set forth in the Charter. I reside at , Denton, Texas. Signed The foregoing petition was filed with the City Secretary on the day of C , w* City Secretary Page 5 r r. i (b) As an alternative method, any qualified person may be nominated for eeaneihstrt roun rilm ember by a written petition signed by tshimy(99) the greater of twenty jhv (13) qualified voters of the City or one-half of one percent of the total vote received by all candidates for mayor to the mart recent mayoral general election, provided the candidate signs the petition cer- tifying his or her acceptance. One such petition shall be circulated and signed for each nominee or candidate. With each signature shalt be stated the place of residence of the Signer, giving the street and number or other description Sufficient to Identify it. Nominating petitions shall be filed with the city secretary not more than ninety (90) days nor less than thirty (30) days before the election day, and shall be in substantially the following form; We, the undersigned electors of the City of Denton, hereby nominate whose residence address is as a candidate for Geunsil+nds Councilmember of the City of Denton, to be voted for at the election to be held on the day of ; and we Individually certify that we are qualified to vote for a candidate for the Council. Name Address Date of Signing (Spaces for lhloy (M) Nrnty five (1J) Signatures and regw v J data) I Acceptance of Nomination I am qualified to serve on the Council of the City of Denton with respect to the qualifiica• tions set forth in the Chatter. I hereby accept the nomination for Ceuneiln" Council- member and agree to serve if elected. Signature of Candidate Statement of Circulator The undersigned is the circulator of the foregoing petition containing thirty twenty fitt signatures. Each signature was appended thereto In my presence and is the genuine Sig- nature of the person whose name it purports to be. Signature of Circulator Address of Circulator The foregoing petition was filed with the City Secretary on the day of City Secretary Page 6 MISSION i ` c i AMENDMENT NO.9 That Article III of the Charter shall be amended by amending Section 3.03 "Official bal- lot" so that the same shall hereafter read as follows: Sec. 3.03. Official ballot. The city secretary shall make up the official ballot from the names presented to him or her In accordance wdih the requirements of the Election Cale. The order in which the names of the candidates for each place shall appear on the ballot shall be determined by lot in a drawing held under the supervision of the city secretary, at which drawing each candidate or his or her designated representative shall have a right to be present. All official ballots shall be printed at least twenty (20) days prior to the date of any general or special election, and eissemee early voting shall be governed by the genetal lawa of As Sims of Texas Election Code and other ap- plicable laws as they may now read or hereafl er be oTrended. AMENDMENT NO. 10 That Article 111 of the Charter shall be amended by amending subsections (a) and (b) of Section 3.04 "Canvass; Election returns, results" so that the same shall hereafter read as follows: See. 3.04. Canvass: Election returns, results. (a) Immediately after counting the votes, the presiding judge shall deliver the official returns of the election to the city secretary. Ante nei Turn Not eat. lien than the third dqv or later than the slsth day after the election or as otherwise required by the Election Code as it may now read or hereafter be amended, the City Council shall canvass the returns and declare the results. The returns of every municipal election shall be recorded in the minutes of the Council. (b) The candidates receiving the majority of the votes cast for each place shall be de. 1 eland elected, If no candidate receives a majority, or if there is a tie for any one place, the council shall order a seeend runoff election to which shall be held not earlier than rho twentieth or later than the thirtieth day after the date the final canvass of the regular election Is completed or as otherwise required by the Election Cove as It may now read or hereafter be amended, only the names of the candidates uho tie for the highest number of votes cast for that place, or the two (2) candi- dales who receive the highest number of votes with neither having a majority of votes cast for that place, shall be printed on the ballot for each election. In the event of a tie vote at the seeend t runoff election, the candidates who tie shall cast lots in the presence of the city secretary to de- t ' t tcrmine which one shall be declared elected, and said lots shall be cast within five (S) days of the ! 1 seeend ninoff election In accordance with Section 2,018 ofthe Election Code as it may now read or bercaf?cr be amended. Page 7 j G I AMENDMENT NO. i I That Article VI of the Charter shall be amended by amending Section 6.03 "Municipal court" so that the same shall hereafter read as follows: Sec. 6.03. Municipal court, (a) There is hereby established a court which shall be known as the "Municipal Court No. i of the City of Denton". The Municipal Court No. I shall have the jurisdiction and be con- ducted as a municipal court of record In accordance with subchapter FF, chapter 30 of the Texas Government Code, §§30.1111 through 30.01133 inclusive, Vernon's Annotated Texas Chit Statutes and applicable state law as these laws may now read or hereajter be amended. in !he manner isposeribed wil awthispiped by low, All costs and fines imposed by the Municipal Court shall be paid into the City trea:.ury for the use and benefit of the City, The City Council may, by ordinance, create additional municipal courts or municipal courts of record y so authorized under the provislons of applicable law. (b) The C* municipaijudge shall preside over the Municipal Court. The City munici- paljudge shall be a qualified attorney-at-law licensed to practice In the State of Texas or a per. son who has qualifications required for membership on the City Council and shall have such I other qualifications as required by subchapter FFof ebapter 30 of the Texas Government Code j and other applicable taws as these laws may now read or hereafter be amended. Ile or she shall be appointed by, and shall serve at the pleasure of, the Council. The Gky municipal judge shall receive such compensation as may be fixed by the Council. The municipal judge shall have all the palters and duties assigned to a munic/pal judge by the Charter, other City ordinances, sub- chapter FF of chapter 30 of the Texas Government Code, or other state law. (c) There shall be one regularly scheduled session of the court each week and as many other sessions as, in the discretion of the 0* municipal judge, may be necessary for the timely transaction of the business of the court. (d) The Couocit may appoint such assistant City mmicipai Judges or additional Pity mu- nicipal judges as may be necessary to perform the duties of the municipal court or a temporary City municipal judge to act for the City municipal judge in the case of his or her temporary ab- sence or disability, and such assistant, additional, or temporary 0ty municipal judge shall re- ceive such compensation as may be sct by the Council. All such assistant, additional, or tempo. racy municipal judges, m hen appointed, shall hair all of the other powers and duties assigned to the mrrrielpaijudge, herein. AMENDMENT NO, 12 That Article vii of the Charter shall be amended by amending Section 7.03 "Seizure and ! / \ sale of property for delinquent taxes" so that the same shall hereafter read as follows: See, 7.03. Seizure and sale of property for delinquent taxes. Page 8 e i (a) The assessor and collector gha1I have authority to seize and sell personal property to satit fy all delinquent taxes and the perulty and interest thereon in accordance with applicable law, (b) If anyone against whom a personal tax Is assesW and unpaid, whether the tax is de- linquent or not, shall have removed or be about to remove his or her personal property out of the City, it shall be the duty of the assessor and collector to proceed at once to collect such taxes by seizure and sale of such property, (c) Papse"fil rpereMy Belled by !he W Wismar ADR he sold a! auetien to the hishem biddff a! As Ftem! door of Whe eky bell sA@F the assamp-mA eel;eeier his given Pieties of th !iffle "d plpe@ of the sale by pemills a nei;ee st the eky hall deep and insetiln! mother WR (10) d ys before Asdo4eefahe We. The City has power to provide for the prompt collection, by suit, contract, or otherwise, of taxes assessed, levird, and imposrd, and the City has the authority to sell cr cause to be sold for payment of tares all property, real and personal, and shall make rules and regulations and enact ordinances necessary for the collection of tares in accordance with applicable law. (d) A sale of personal property for delinquent taxes shall convey with it an absolute title I and the owner shal i have no right to redeem the property. (e) permits to wreck or remove buildings shall not be issued until all taxes due on such propcrty have lien paid. (1) The asscasor and collector may seize, levy upon, end sell real property to satisfy de- linquent tares, as provided in Chapiep 9, Title 29, as mew eo hareaAve , of the Re~ 3 the Texas Tar Code §1.01 el seq., as it now reads or as if may hereafter be amended, Vernon's Texas Civil Statutes Annotated and in wher applicable laws. AMENDMENT NO. IJ That Article Vlll of the Chatter shall be amended by amending Section 8.04 "Public hearrg on budget" so that the same shall herealler read as follows: Sec. B.W. Public hearing on budget. The Council t newspaper eAhO 041yr shall hold a public heating on the proposed budget, M %411eh all im ierrsied i A M)' AM 1 „ Any taxpayer r l ` c of the munlripality may attend wnd may participate in the hea,Ing, which shall be set for a date after the I S'" day after the date the proposed budget is filed with the city secretary but before the j date the City Council makes its tar levy. The Council shall provide for public notice of the date, 1 time, and location of the hearing. to addition to this notice, the City Council shall publcmh notice Poge 9 I l: f 4 Wore the public hearing related to the budget in at least one newspaper of general circulation in Denton County, This notice shall be published not earlier than the thirtieth or later than the tenth day before the date of the public hearing. The City Council shale publish such other notice as maybe required by state law. The City Council may make such changes in the budget that it considers warranted by the law or by the best interests of the municipal tatpeyers and may In- crease or decrease the items of the budget, provided 'he total proposed expenditures shall not exceed the total anticipated revenue, ' may malts sueM ANIENDMENT NO. 14 That Article VIII of tl,e Charter shall be amended by amending Section 8.05 "Adoption orbudget" so that the same shall hereafter read as follows: See. 8.05. Adoption of budget. The budget shall be finally adopted by the favorable votes or at least a majority of all members of the Council year af)er the conclu- sion of the public hearing. Should the Council take no final action at the conclusion of the public hearing and leas! Wn (10) days before the end of the fiscal year, the budget as submitted by the City Manager shall be deemed to have been finally adopted by the Cout;cil. ANIENDMENT NO. 15 That Article Vlll or the Charter shall be amended by amending Section 8.07 "Transfer of appropriations" so that the same shall hereafter read as follows: Sec, 8.07. Transfer of opproprlatlons. At any rime during the fiscal year, the City Manager may a! any lime transfer any part of the unencumbered appropriation balar cc or peWon the entire balance thereof between programs or general classifications of expc~.diturcs within an office, department, of agency, or organiza- tional unit. At any time during the flscal year, at the request of the City Manager and within at less! *Pee menthe of the bwdgs~ yeary the Council may by resolution transfer any part of the unencumbered appropriation balance or pe4im the entire balance thereof from one office, de. partment, er agency, or organizational unit to another, AMENDMENT NO. 16 y r' That Article IX of the Charier shall be amended by deleting subsection (d) of Section 9.01 "Power to issue bonds" so that the same shall hereafter read as follows, Sec. 9.01. Power to Issue bonds. Page 10 M t (a) The City of Denton shall have the right and power to issue general obligation bonds to finance any capital project which it may lawfully construct or acquire or for any other legiti- mate public purpose. Provided the general obligation bonded debt of the Cin shall only be /a- creased by the consent of the majority of the qualified voters of the City voting at an election held for that purpose. A bond election shall be ordered and notice given by ordinance, consis- tent wirh the requirements for holding rkellons set forth In Article 111 of this Charter and in ac- cordance with the applicable laws of the State of Texas as they now read or may hereaper be amended. (b) The City shall have the power to issue revenue bonds against the cntli ipated reve- nues of any municipally-owned utility or other self liquidating municipal function to pay the debt incurred on account of such utility or function. In %to event shall revenue bonds be consid- ered an indebtedness of the City nor be repaid from bonds secured by taxation, (c) No bonds or warrants shall be Issued to fund any overdraft or Indebtedness incurred for current expenses of the City government on !a bend isede in sp sees of ens millien del;ws shall be at doped by ihe City --une" aw! a nonblndons PofevendarA elooka hie been held is deitomins sis I AMENDMENT NO. 17 That Article IX of the Charter shall be amended by amending subsection (a) of Section f 9.02 "Pond ordinance and election" so that the same shall hereailer read as fellows; 1 Sec. 9.02. Bond ordinance and election. (a) After approval by a majority of the qualified property taxpaying voters voting at an general obligation bond election called for the purpose of authorizing the issuance of bends gen- eral obligation bonded debt, the City shall authorize the issuance of such bonds by a bond ordi- nance passed by an affirmative vote of a majority of all members of the Council. The City Council may approve the issuance of retienue bonds without an electloh by authorizing the Issu- ance of such bonds by bond ordinancepassed by an affirmative vote of the majority of all mem- bers of the Council, AMENDMENT NO. 18 i That Article X of the Charter shall be amended by amending subsection (a}(6) Section 10.03 "Planning and zoning commission: Powers and duties" so that the same sh,'I hereafter read as follows: See. 10.01. Planning and zoning commission, Powers and duties. (a) The planning and zoning commission shall: Page I I j f l c a, (6) Submit annually to the City Manager, not less than ein''ey {99) sfety (60) days prior to the beginning of the budget year, a list of recommended general obliga- tion capital improvements which in the opinion of the commission ought to be constructed during the forthcoming five (5) year period. (Such list shall be ar- ranged in order of preference, with recommendations as to which projects should be constructed in which year, and the City Manager shall forthwith fumish a copy of such recommendations to each member of the Council.) AMENDMENT NO. 19 That Article X of the Charter shall be amended by amending Section 10.05 "Legal effect of master plan" so that the same shall hereafter read as follows: I See. 10.05. Legal affect of master plan. No street, park, or othes public way. ground or space, no public building or structure, and no public utility, whether publicly or privately owned, shall be constructed or authorized in the City, mop Aell any pool beaege+rodby the f+lyj until and unless the location and extent i thereof shall have been oubmitted to and approved by the commission; provided that, in case of disapproval, the Comm n shall within thirty (30) days communicate its reasons to the Coun- cil, which shall have ti,, power to overrule such disapproval, and, upon such overruling, tine Council or the appropriate office, department, or agency shall have the power to proceed. The widettimg, %'HeRilms. of ehamge in The use CF any sirf 14 of the sale OF My rNblie buildi"81 of real bsiffllldfly eviwdledby the fean66 AMENDMENT 'NO. 10 That Article X of the Charter shall be amended by amending subsection (a) of Section 10.07 "Board of adjustment" so that the same shall hereafter read as follows: See. 10.07, Board of adjustment, (a) There shall be n board of adjustment which shall consist of &#45) seven (7) mem- bers who, during their respective terms of office and for at least one year immediately prior to the beginning thereof shalt be residents of the City of Denton. 1hcy shall be appointed by the Council rot a term of two (2) years, provided Atee (;)Jour (4) members shall be appointed each odd-numbered year and twe~ rhroo (1) members each even-numbered year. They shall serve without pay. The board of adjustment shall have the power enumerated in AAlele mgr 1.,' mil fitetuieg, 1948 {V.T.C.A., Local Government Code 4211,008 et seq.}, as now or hereafter a vended. All meetings of the board shall be held at the call of the chairman, who shall be designated by the Council, and at such other times as the board may determine. All meetings of the board shall be spem is thepublie held In accordance wkh the Open dreetlngs Act, page 12 C i t Chapter SSl of the Government Code, Vernon's Annotated Texas Civil Statute's, as li now reads or may hereafter be amended. The board shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact. Every order, requirement, decision, or determination of the board shall Immediately be riled with the City Secretary and shall be a public record. i AMENDMENT NO. 21 That Arkle X of the Charter shall be amended by amending Section 10.08 "Platting or subdivision conlrel" so that the same shall hereafter read as follows: Sec.10.08. Platting or saudivislon control The planning and zoning commission shall adopt regulations governing the platting or subdividing within the City or within the area under the extraterritorial jurisdiction of the City, and the owner of even such subdivision shall comply with all of the provisions of Amiele 914e end 'a, 1948, {V,T.C,A., Local Government Code 4212.002 el seq. ar.d V.T.C.A., Property Code 412.001 et seq.j as now or hereafter amended, Such regula- tion may provide for the harmonious development of the City within the subdivided land with other existing or planned streets and ways or for conformance with the master plan or official map, for adequate open spaces, spaces for traffic, utilities, recreation, light and air, and for the avoidance of congestion of population. Such regulations may include requirements as to the ex- tent to which and the manner In which streets and other ways shall be graded and improved and water, sewer, and other utility mains, piping, connections, or other facilities shall be installed as a condition precedent to the approval ora subdivision. AMENDMENT NO. 22 That Article XI of the Charier shall be amended by amending Section 11.01 "Park and recreation board" so that the same shall hereafter read as follows: Sec. 11.02. Park and recreation board. f ~ shall#xppe;nled 1 (2) 5-009, PF8§'ided 1hWe (1) n~ 1 be appointed epeh odd numbeted year and !we (2 lend qualig ill-.The besild shall sewe w les as m ' m and Weirs. The Ciry Council shall by ordinance establish a board xhlrh shall advise the t ' Council on parka and recreation and which shall consist of at least seven (7) residents of the City vi ho shall have the quai fcation. and powers and sen-e for the terms provided by the City / Council in the ordinance creating the board. Page 13 i c I I i Pis bemil mill !be dimeler shell rw* bliononih;y arid a! sueh e&r lims! to bond May b5 r"seI iemi4 ft -4:he booed she!; submil to e.tlon 1009WAN1411814911i AV 1110 iVAPPSYNAOR! Of 1110 Path d 1e4e6+e1+Pee@111111'eas !I Ingy deep" orrFsprisis. -(e) names 011(106 ep0an beiween thee' fdid reeteat*enel r„ere ilie;e M&A shall read ON! 0; dAisiones as soon AMENDMENT NO. 23 That Article XIl of the chatter shall be amended by amending subsection (b) of Section 12.01 "General powers respecting utilities" so that the same shall hereafter read as follows: See, 12.01, General powers respecting utilities. (b) In addition to such public utilities as it may now own, the City of Denton may own, ac- quire, construct, maintain, and operate any other public utility rwe}ee 5 , ; and shall have ilia power for the purpose of operating and maintaining any such utility, and for distributing such service throughout the City or any portion thereof, but in such any condemnation proceedings brought to acqulr'e such public utility, no allowance shall be made for the value of any franchise and only the actual physical assets shall be purchased by the City. AMENDMENT NO. 24 That Article XII of the Charter shall be amended by amending Section 12.04 "Disposal of utility properties" so that the same shall hereafter read as follows: Sec. 12.04. Disposal of utility properties. No sale, ronve)anee, lease, or dispesel other alienation of any utility system or any part rt A thereof essential to continued effective wilily service, shall ever be made unless such sale, lease, j lr; r or disposal is approved by a majority vole of all the qualified else" voters voting in an election hold for that purpose in the city urDenton. r s Page 14 l i t' f AMENDMENT NO. 25 That Article X11 of the Charter shall be amended by amending subsections (a) and (d) of Section 12.07 "The public utilities board" so that the same shall hereafter read as follows: Sec. 52.07. The public utilities board. (a) There is hereby crated a public utilities board to be composed of tiye-(s) seven (7) members, appointed by the Council for four-year terms and until their respective successors have been appointed and qualif o, PfG'Aflieoll Shall FA 111104 Of AM21111811181 hivilitifill d-FAMY CAP 111M.-A Am- felISWO! GIVIS (1) she;! dft1A 1- 6110 yeat ierm, mie (1) a fAte 5.0 i yeaf ion". mel two (2) shall draw feep Each member shall be appoints' for a term of four (4) years. Members of the board may be removed by the Council only for cause and only after charges have been filed and published and the member has been given a teasonable opportunity to defend himself or herself in an open public hearing before the Council. Vacancies shall be fill:d for any unexpired term in the same manner as provided for regular appo ntments. (d) At its organi;% Tonal meeting, and annually thereafter as soon as the newly appolnied member (or members) has lualified, the board shall select from its own membership a chairman, vice-chairman, and secretary. Any t4ee-(3j jour (4) or the regularly appointer: members shall constitute a quorum. The board shall determine its own atlas and order of business. The board shall meet at least once each month, All meetings shall b: epW@ the ptrblie conducted in accor- da,nre with the requirements of the T'exar Open AfecrMgs Act, chapter Sal of the texas Govern• mcnt Code as It may now read or hcreaj?er be amended, and a permanent record of i,toccedings maintained, AMENDMENT NO, 26 That Article Xfl of the Charter shall be amended by deleting subsection (c) of Section 12.08 "Powers and duties of the public utilities board" and changing subsection (t) to (e) so that the same shall hereafter read as follows: Sec. 12.08. Powers and duties of the public utilities board. (a) The board shall serve the department of utilities as a consulting, advisory, and super- advisory body. (b) The annual budget for the department of utilities shall be prepared by the director and i submitted to the b and in the form required by the City Manager. The board shall review the budget, make such changes therein as they deem appropriate, then return it to the director who shall deliver it to the City Manager for incorporation without any changes, in the proposed gen- eral budget of the City and transmission to the Council. Page 13 t (c) The public utilities board is hereby authorized to expend such funds for information and advcrtieing as shall be budgeted for this purpose. (d) All actions, recommending expansion of the system and the making of additions and betterments thereto or extensions thereof, the incurring of indebtedness, the issuance of bonds, and the fixing of rates and charges for utility sc.vices shall be submitted to the board for review and approval; provided, that in case of disapproval, the board shall within thirty (30) days com- municate the reasons for its disapproval to the Council, which shall have the power to overrule such disapproval, and, upon such overruling, the Council or the appropriate depaGment shall have power to proceed; and provided further that all rates and charges for utility services shall be reviewed by the board and revised or reenacted by the Council at intervals not exceeding five (5) years and beginning with the year 1960. (a) T; Fallen Ill its report), Fiat loss tho one bumdood twe"!Y (120) days poor is Ae begWing of ilie beard ought to beeeaslraeledduini"! iA whieh yew- (f) (e) It shall be the duty of the board to act in an advisory capacity to the Council, with authority to hold public hearings and to study and recomnu nd policies relating to the operation, promotion, enlargement, future planning, and such other matters involving City-owned utilities as may be referred to it by the Council. At Intervals not exceeding ten (10) years the Council shall at the expense of the utilities involved, cause a general management survey to be made of all utilities under the jurisdiction of the board by a competent management consulting or indus. trial engineering firm, the report and recommendations of which shall be made public; provided, that the first such survey shall be made within three (3) years of the effective date of this Charter. AMENDMENT NO. 27 That Article XIII of the Charter shall be amended by amending Section 13.03 "Franchise tax" so that the same shall hereafter read as follows: Sec. 13.03. Franchise lent jet. The holder or grantee of any franchise may be required, as compensation for the right or privilege enjoyed, to pay to the City of Denton each year such reasonable sum (not less than two percent (2%) of the gross receipts of the business pursued by the holder of the franchise earned for service rendered in the City of Denton), or aqy other fee or charge authorized by law, M. .t , rluding, but not linolted to specific charges per tendce line, access line fees, and feet the City ntgv legally charge for ate of its Streets and other public property, as the Council may determine by ordinance or by contract with any such utility, which compensation shall be in addition to all ad valorem and corporation taxes paid by the utility. Page M ` i r t, AMENDMENT NO, 28 That Article XIV of the Charter shall be amended by amending Section 14,04 "Personal interest"so that the same shall hereafter read as follows: Sec. 14.04. Personal Interest. Ne aM -stovrrf r dipee; at in E difeei, in My se"Ifoe! %,A the r 1~0 OP by 1116 City er My r r SUPP488 OP r ,y! OFFW r I , Any officer or em- ployee having a substantial Interest in a business entity, as that term is def ned In chapter 111 of the Texas Local Government Code as it now reads or may hereafter be amended, shall comply with chapter 171 and, if necessary, shall abstain from voting on a matter Imrolving the business entity or real property and file an affidavit setting forth the substantial Interest In the matter to be voted upon. AMENDMENT NO. 19 That Article XIV of the Charter shall be amended by amending Section 14.13 "Amending the Charter" so that the same may hereafter read as follows: Sec. 14.13. Amending the Charter, Amendments to this Charter may be framed and subrr;ttcd to the voters of the City in the , manner provided by 499 Chapter 9 of the Texas Local Government Code, Verron's Texas Civil Statutes, as it now reads or as it may rcreaficr amended. SECTION 11. That the form of the ballot shall be substantially as follows: PROPOSITION NO. I - Shall Section 1,02 of Article 1 of the City Charter be amended to sub- stitute the requirement of a majority vote of the City Council for the current four-fifths vote of the Council necessary to annex land or otherwise slier the City boundaries? YES NO PROPOSITION NO. 2 - Shall Section 1.05 of Article I of the City Charter and Section 12.04 of Article XII of the City Charter be amended to provir,e that the City may not sell, lease, mortgage, A or otherwise alienate any utility system or any essential portion thereof without the approval of a majority of all the qualified voters voting at an eleLtion held for that purpose? YES NO i Page 17 i PROPOSITION NO. 3 - Shall Section 1.06 of Article I of the City Charter be amended to in- crease the thirty-day notice of claim for personal injury or property damages provision to ninety days and require the claimant to provide his or her residence address and the names and ad- dresses of all witnesses who he or she relies upon to establish a claim for damages? YES NO PROPOSITION NO.4 - Shall Article I of the City Charter be amended by adding a new Section 1.08 so that the Charter becomes gender neutral by extending all references in the Charter to the masculine gender to apply also to females? l YES NO PROPOSITION NO. 3 - Shall Section 2.02 of Article It of the City Charter be amended by re- quiring each member of the Council to be a registered voter and have the minimum eligibility requirements for a municipal officer set forth In the state law; to eliminate the requirements that a councilmember not be In debt to the City, not be interested in the emoluments of any contract, work, job, sent ice, or sale of any articles to the City, and not be an officer or director of a public service corporation? YES NO PROPOSITION NO. 6 - Shall Section 2.04 of Article 11 of the City Charier and Section 3.01 of Article pI of the city Charier be amended by requiring that municipal elections be held on uni- form election dates and in accordance with the requirements of the Texas Election Code? i YES NO PROPOSITION NO. 7 5t all Section 3.02 of Article III of the City Charter be amended to pro- vide that any person filing nor place on the ballot as a candidate for councilmemb.v be required to state that he or she is aware of the nepotism law and that a petition to nominate a person for councilmember be signed by the greater of 2S qualified voters of the City orone-half of one per- cent of the total vote received for all candidates for mayor in the most recent mayoral general election? YES NO _ PROPOSITION NO. 8 - Shall Sections 3.03 and 3.04 of Article 111 of the City Charter be amended to require that the official ballot be prepared aid early voting be conducted in accor- dance with the Election Code, that the election returns be canvassed not earlier than the third day ' or later than the sixth day alter the election, and that a runoff election, if necessary, be held not earlier than the twentieth or later than the thirtieth day after the date of the final canvass, in ac- cordance with the requirements of the Election Code? YEa NO Page 18 C R PROPOSITION NO.9 - Shell Section 6.03 of Article Vl orthu City Charter be amended to re- quire that Municipal Court No. I be established as a municipal court of record and the municipal judge and all assistant municipal judges have the qualifications and the powers when appointed provided by applicable state law? YES NO PROPOSITION NO. 10 - Shall Section 7.03 of Article VII of the City Charter be amended to provide the City with the power to collect taxes levied and Imposed and to sell or cause to be sold properly for the payment of all taxes, in accordance with the requirements of the Tax Code and all other applicable laws? r ES NO PROPOSITION NO. 11 - Shall Sections 8.04 and 8.03 of Article Vlll of the City Charter be } amended to provide for a public hearing on the budget after the 13"' day the proposed budget Is fl filed with the City Secretary, but before the City Council levies taxes, after notice is published not earlier than the thirtieth not later than the tenth day before the date of the public hearing, to provide that the budget be adopted after the conclusion orthe public hearing and that the City Manager's proposed budget will take effect if the Council takes no action before the end of the fiscal year and to allow the Council to make changes in the budget? YES NO PROPOSITION NO. 12 - Shall Section 8.07 of Article Vlll or the City Charter be amended to allow the City Manager, at any time during the fiscal year, to transfer all or part of unencum- bered appropriation balances within offices, departments, agencies, or organizational units of the City and to allow the City Council by resolution to authorize the transfer of all or part of the un- encumbered appropriation balance from one office, department, or organizational unit to an- other? YES NO PROPOSITION NO, 13 - Shall Sections 901 and 9.02 of Article IX of the City Charter be amended to require general obligation bond debt of the City to be Increased only by consent of the majority of the qualified voters of the City voting In an election for that purpose, and to eliminate the requirement for a revenue bond issue in excess of $1 million to be approved by a nonbinding referendum election? YES NO PROPOSITION NO. 14 - Shall Section 10,03(ax6) of Article X and Section 12.08 of Article XII of the City Charter be amended to reduce the number of days prior to the beginning of the budget year that the Planning Contmission must submit a list of recommended general obligation i Page 19 I M ` capital improvements, which the Planning Commission deems should be constructed during the forthcoming five-year period, to the City Manager from 90 days to 60 days? ! YES NO PROPOSITION NO. IS - Shall Section 10.05 of Article X of the City Charter be amended to eliminate the requirement for the Planning Commission's approval on all purchases and sales of real property or on the widening, vacating, or changing of any street? i YES NO _ I PROPOSITION NO. 16 - Shall Section 10.01(a) of Article X and subsections (a) and (b) of Section 12.07 of Article XII of the City Charter be amended to increase the number of members of the Board of Adjustment and the Public Utility Board from five to seven members and to re- quire that the meetings of the Boards shall be held in accordance with the Open Meetings Act? YES NO PROPOSITION NO. 17 - Shall Section 10.08 of Article X and Section 14.13 of Article X1V of the City Charter be amended to correct statutory references to the modem codified statutes? YES NO PROPOSITION NO. IS - Shall Section 11.02 of Article XI of the City Charter be amended by deleting the Park and Recreation Board from r:,e City Charter and requiring that the City Council shall, by ordinance, establish a board to adv ;se the Council on parks and recreation and to consist of seven residents of the City, having qualifications and powers established by the City Council? YES NO PROPOSITION NO. 19.- Shalt Section 12.01 of Article XII of the City Charter be amended by allowing the City to own, acquire, construct, maintain, and operate any other public utility with- out the necessity of having that decision approved by a majority of qualified voters voting there- fore at an election held for such purpose? YES NO PROPOSITION NO. 20 - Shall Section 13.03 of Article XIl1 of the City Charter be amended by requiring the grantee In any franchise granted by the City to pay a fee not less than 2% of the gross receipts, or any other fee or charge authorized by law, including access line fees, which the fr', 4 City may legally charge for use of its streets or other public property? t (tt YES NO Page 20 ` a i PROPOSITION NO. 21 - Shall Section 14.04 of Article XIV Cie City Charter be amended by requiring that any officer or employee having a substantial interest in a business entity, as that term is defined by chapter 171 of the Texas Government Code, shall comply with chapter 171 and, if necessary, shall abstain from voting on a matter on which the person has a substantial in- terest and to file an affidavit setting forth the substantial interest in the matter to be voted upon? YES NO SECTION 111. That the election shall be conducted at the same time and in the same manner as prescribed in Ordinance No. calling the general election on May 1, 1999, for the election of councilmembers for Districts 1, 2, 3, and 4. The physical means of voting, the designated polling places, and the officers shall be the same as these prescribed in Ordinance No. SECTION 1V. That early voting shall be conducted in the same manner, at the same lo- cation, and on the same dates and time as provided in the aforementioned ordinance for the gen- eral election on May 1, 1999. SECTION V. That said election shall be held under the provisions of the Charier of the City of Denton, the Constitution and the laws of the State of Texas, the Voting Rights Act of 1965, as amended, insofar as they may be applicable. SECTION VI. That this ordinance shall constitute the order and may serve as notice of the election. SECTION VII, That the caption of this ordinance shall be published Ina newspaper of general circulation in the City of Denton, in compliance with the provisions of the law, Further, this ordinance may be published in pamphict form and shall be admissible in such form in any court, as provided by law. SECTION Vlll. That if any sectioi,, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any person or circumstance Is held to be uncon- stitutional, such holding shall not effect the validity of the remaining portions of this ordinance, the City Council of the City of Denton hereby declares that they would have enacted such re- maining portions despite any such invalidity. SECTIO iX. That this ordinance shall become effective immediately upon Its passage and approval. PASSED AND APPROVED this the day of ,1999. rrf 1 JACK MILLER, MAYOR Page 21 j c c~ /NONM DENTON CITY ATTORNEY FAX NO.1 9497927123 61-22-99 *41580 j i ATTEST: ENNWER WALTERS, CITY SECRETARY BY: ! APPROVED AS TO LEGAL FORM: HERBERT L. PROUTYI CITY ATTORNEY BY:. anH.awar+.ru~agwuw...ra.Wrwfn+...wri. I i Puce 22 I c it ~r i I HANDOUT TO COUHCL OU"I". RESEARCH APPRAISAL SUPPORT APPRAISAL DEPT, TRANSFER DEPT, DEPT, R LAND DEPARTMENT TRANSFER The Land Department is responsime lot developing felt and cantor.' TRANSFERS PROBLEMS -LAND market values lot all land accounts In the CAD. Tne Lsnd Depa+ gathers data on regional economic tortes such as demograpnk p regional kzatanal factors, general bends in property prkel, titer trends, and the availability d land In the C.A.D., to aid In the appr; LAND land. Duties include performing value studies, rata reporls, and RENDITIONS statistical analysis on land values. Since land values change Ima in response to the economy. Vie Land Department hot to stay cur land sales. SPLIT OUTS, LAND VALUE, COMMERCIAL PROPERTY DEPARTMENT COMM., IND. The Commercial Department 1s responr.uie tot developing fair an, IMPROVEMENTS TAXPAYER PROBLEMS market values lor lee apartmants, commercial, and Irdustriel p,op COMM. IMP., IND. IMP, the C.A D. This department also cluatfias or disqualifies all agrku exemption applications a well is many miscellanemue eaemplion applications App,alee residential properties that are outside city not subdivided, as well as those eel ale within city ernes, rot su AO EXEMPTIONS and cvet five acres in size. Vacancy ratio In apartments, [alai M commercial casttar1MCommerclalpap NEW RENDITIONS to loly SUBDIVISIONS RESIDENTIAL D0ARTMENT The RoWemlal Separiment Is rewonslble for developing tak and TAXPAYER PROBL'YS market value; la 31 rnsidenllalclassed Improved properties n ii RESIDENTIAL, MOBILE We$ li me discovery, eating, and valuation of "ovemen HOME motile "as in lubdiwshn accounts, and mottile homes in mob, CORRELATION parks, and improvements on tey coded abgraci accounts eve act AND UPDATH OF uni The Increased scarcity of residential pmpolrol Ir the DFy NEW MA1+9 RENDITIONS RESIDENTIAL caushg an hcresse h houshg [h Denton County, The increased r ledriving fl9k entlal construction coq upward, The Incresses in MOBILE HOME properties places an Irweesed burden on M's department. BUSINESS PERSONAL DEPARTMENT f Ti Business Personal Department is ro sii for the alcove Pl IT OUTS, i TAXPAYER PROBLEMS • and valuations of IN comn>rltlal and IndusfiAl personal property, 0 RESIDENTIAL PERSONAL PROPERTY C A D. Business personal wo7orty is genefst y considered to be i MOBILE HOME permanently nPixed to a pan rf lest estate, examples are furnem t.MPROVEMENTS machlnary, equipmentandvd,cks, Business Personal Property to value because of U availah',aty to W moved and concealed, D RENDITIONS PERSONAL a crude developing vatustror, schedules and depleclatbet tablet a. PROPERTY necessary and maintain vqualron telerencs Wary as wet n sou materials for discovery of property yr EXEMPTIONS HS,DP,OA,DV ADDRE69 CHANGES J\ 4 c ci DATA PROCESSING APPRAISAL DEPT. DATA PROCESSING JURISDICTIONS DEPT. DEPT. i 4 I I I i i 1 1 1 a hint I i Inems st rate Tsai of ter t ad~areiy i 1 •nl on PROOF ROLL i LAND I I I ; I tundorm 1 1 U$ in turat PROOF ROLL COMM, IMP., IND. IMP. mrta and L hd6ed, ~ ~ reed a/ a I sanam ~ ~ DATA DATA FINAL APPRAISAL PROCESSING PROCESSING ROLL JURISDICTIONS unov m fcAD, a and e Mme PROOF ROIL It and RESIDENTIAL rarea is MOBILE NOME demand r Ndanl al . y Nsr•p, p the PROOF ROIL n„•s not PERSONAL r.•ues. "01-cueq ce Df ON CENTRAL APPRAISAL DISTRICT i OPERATIONS FLOWCHART • c~ c~ END OF FILE f