Loading...
HomeMy WebLinkAbout03-23-1999 1 C+ k March 23,1999 Agenda Packet oil • .1, t u AGENDA AWI&IMI CITY OF DENTON CITY COUNCIL ~r March 23,1999 After determining that a quorum is present and conven!ng in an open meeting, the City Council will convene in a Special Called meeting of the City of Denton City Council on Tuesday, March 23, 1999 at 11:00 a.m. In the City Council Chambers at City Hall, 215 E. McKinney, Denton, Texas at which the following Items will be considered: I . Receive and open bids regarding City of Denton General Obligation Bonds, Series 1999. 2. Consider adoptio t of an ordinance authorizing the issuance, sale, and delivery of City of Denton General Obligation Bonds, Series 1999, levying the tax to pay same, and approving and authorizing Instruments and procedures relating thereto, and providing an effective date. 3. Receive and open bids regarding City of Denton Certificates of Obligation, Series 1999. 4. Consider adoption of an ordinance authorizing the Issuance, sale, and delivery of City of Denton certificates of obligation, series 1999, and approving and aulhoe.zing instruments and procedures relating thereto; and providing an effective date. CERTIFICATE 1 certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texss, on the day of 1999 at o'clock (a, m.) (p tn.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS 13 ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. TH$ CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARYS OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1.800- j RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED f THROUGH THE CITY SECRETARY S OFFICE. W 1 t u i~ OIM AGENDA INFORMATION SHEET AGENDA DATEi March 13,1999 DEPARTMENT1 Fiscal Operations ACME Kathy DuBose Fiscal and Municipal Service SUBJECT Receive and open bids regarding City of Denton General Obligation Bonds, Series 1999. BACKGROUND On March 23, 1999, David Medanlch, First Southwest Company, and Ted Briuolara III, McCall, Parkhurst, and Horton, will deliver and open the bids for City of Denton General Obligation Bonds, Series 1999, Tha City Charter requires sealed bids be publicly opened and tabulated before the City Council The bonds will provide funding of 58,215,000 for Parks and Recreation ($3,530,000), and Engineering and T;;rtsportation ($4,683,000), The projects were previously approved In the 19932003 Capital Improvement Program. PRIOR ACTIONIREVIEW (Council, Boards, Commlisions) On February 2, 1999, the City Council approved ordinance 99033 directing the publication , of Notice of intention to Issue City of Denton General Obligation Bonds, Series 1999, and directing the Issuance and publication of Notice of Sale of said bonds. It also provided for an effective date. Ir ISCAL INFORMATION z The General Obligation Bonds, Series 1999, will require an average annual debt service payment of dpproximately $633,000. Respectfully submitted: /I Diana 0. Ortiz f r Director of Fiscal Operations t . u AGENDA Allow his CITY OF DENTON CITY COUNCIL o March 23,1999 3N*b 942Z 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, March 23, 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: A. Censuhation with Attorney - Under TEX. GOVT, CODE Sec. 551.075. Discuss and consult with the City's attomey, Including outside legal counsel, litigation styled City ojbenton v. Denton County Fresh Water Supply District No. !A anti Denton County Fresh Water Supply District No. J, Cause No. 99.40158.362, filed in the 362nd District Court of Denton County, Texas, including strategy and possible settlement negotiations. D. Conference with Employees - Under TEX. G(?V'T. CODE See. 551.075. The Council may receive information from employees during a staff conference or briefing, but may not deliberate during the conference. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING OR ON INFORMATION RF.CEIVED IN A CONFERENCE WITH EMPLOYEES WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HE] D IN COMPLIANCE WITH TEX. GOVT. CODE Cit. 551. THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUIIIORIZED BY TEX. GOVT. CODE SEC, 551.001, ET SEQ. (TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF TILE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION SECTIONS 551.071.531.085 OF THE OPEN MEETINGS ACT. Regular Meeting of the Ci,.y of Denton City Council on Tuesday, March 23, 1999 at 6:00 p.m. In the Council Chambers at Chy Hall, 215 E. McKinney Street, Denton, Texts at which the { following Items will be considered; L Pledge of Allegiance A. U.S. Flag 1). Texas Flag "I lonor the Texas Flag - I pledge allegiance to thee, Texas, one and indivisible" 2, Consider approval of the minutes of November 17, 1998. 4 a QjIZEN REPORT ` I 3. Receive a report from Willie Hudspeth regarding drainage at 623 Newton Street. i tCity of Denton City Council Agenda March 23, 1999 x, Page 2 4. Receive a report from Carolyn Phillips regarding a growing concenr about the southeast Denton minority population as it relates to the Denton Plan of growth, S. Receive a report from Dcssie Goodson regarding "making a difference and partying". NOISE EXCEPTIONS 6. Consider a requesr for an exception to the noise ordinance for the Denton Unit of the American Cancer Association for the annual Relay for Life to be held Saturday, April 17, 1999, at Fouts Field from 12:00 noon to 12:00 midnight. CONSENT AGENDA 7. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to execute a conUact, on behalf of the City of Denton Engineering and Transportation Department as grantee, with the Texas Water Development Board, as grantor for the Federal Emergency Slartagerrent Administration's (FEMA) Flood Mitigation Assistance Program (F NIA) relating to elimination of flood hazards within the regulatory flood"y of Tributary PEC•4, a tributary of Pecan Creek; and declaring an effective date, 8. Consider approval of a resolutior, of the City of Denton Texas, authorizing the submission of an application of the Criminal Justice Divis on of the Office of the Governor, State of Texas, requesting funding for the Denton Delinquency Pro%cntioNintemention Program for Juveniles; providing for the return Of any lost or misused funds to the Criminal Justice Division of the office of the Governor, State of Texas; and providing an effective date. 9. Consider adoption of an ordinance abandoning an electric transmission/distribudon line casement situated on the north side of South Interstate Highway 35•L, approximately 700 feet northwest of Southern Hills Bivd„ recorded in Volume 325, Page 616 of the Deed Records of Denton County, Texas; and providing an effective date. 10. Consider adoption of an ordinance amending Ordina<tce Ao, 99.057 ordering an election to be held on May I, 1999, for the purposes of submitting to the registered voters of Denton. Texas amendments to the Denton City Chatter; by amending Amendment No. 2 and Amendment No. 5 to add some additional statutory references; to amend Proposition Nos. 2 and 4 to correct statutory and :.:coon references; to amend Proposition Nos. S, 7, and I I to eliminate redundant and unnecessary phraws, to amend Proposition Nos. 8 and 14 to change word references; providing a severability clause; providing a savings eiaase; providing an open meetings clause; and providing an effective date. PUBLIC HEARING r l 1, 11. Hold a public hearing and consider a Specific Use Permit for off-street remote parking, 'f he 0.2927 acre property is currently zoned Two-Family (2•F) and is located on the southeast corner of Carroll Boulevard and Congress Street. it is legally described as Lot i I t~ li I y ~ ■ i L City of Denton City Council Agenda March 23, 1999 a Page 3 7, Block 1, of the Barbs Addition in the Robert Beaumont Survey (Abstra.t 31). The Planning and Zoning Commission recommends approval 6-0. (Z-99.003) 12. hold a public hearing regardin f the proposed annexation of a 52,49 acre tract located on the south side of Ryan Road, 150 feet east of Forcstridge Drive. II lold a public hearing and consider amending a detailed plan for 5,491 acres located in Planned Development 12 (PD 12) zoning district. The property Is located on the south side of 1.35 East, north of Shady Shores Road, commonly known Ps 4984 South 1.35E or the Denton Lincoln-Mercury Dealership. The proposal is to increase the number of signs along the 1.35 Fast frontage road from one to three. The Planning and Zoning Commission recrnluncnds approval 6.0 with conditions. (Z-99.007) ANNEXATION ANJI ZONING 14. Consider formal action on two ordinances regarding property known as the "Ryan Tract": 14a. Consider adopting on ordinance anncAng a 114.76 acre tract located on the non' side of hickory Crock Road, nonhvrest of McNair Elementary School, Secon: Reading, A-78• I 14b. Consider adopting an ordinance for a 114,76 acre tract located on the north slde of Ilickory Creek Road, northwest of McNair Elementary School, establishing Planned Development (PD-169) zoning district classification and use designation through the approval or a detailed plan; and provide an effective date. (l.-98.056) VARIANCES 15. Consider an exaction variance from Section 34.114(17) of the Code of Ordinances concerning sldewalks for the Mill Street Addition. The applicant proposes no sIdcwatk along the frontage of the properly. The 0.51 acre property is located on the southeast corner of Fast Mill Street and Industrial Street, The Planning and Zoning Commission recommends denial 6-0. (V•99.002, Mill Street Addition) 16. Consider a variance from Section 34.114(17) of the Code of Ordinances concerning sid. walks on Robson Lane and Country Club Road and Section 34.114 of the Code of Ordinances concerning perimeter paving for Hobson Lane, and Seetio,t 34.114(11 b) of the Code of Ordinances concerning cul-de-sac length for the proposed plat of Regency Oaks Addition located on the east side of Country Club Road (F•M• 1830) and the south side of Ilobson Lane, (V-98-011, Regency Oaks Addition) ITEMS FOR IND ! MSIDERATION 17. Consider adoption of an ordinance of the City of Denton, Texas authorizing the Mayor to execute a fourth amendment to the existing agreement between the City of Denton and Texas Utilities Electric Company extending the term therefor for an additional six month period; finding and determining that the two meetings at which this ordinance Is passed are open to the public as required by law; providing for an effective date; and providing i I t ` c 1 , City of Denton City Council Agenda ti. March 23, 1999 Page 4 for acceptance of the agreement by Texas Utilities Electric Company and publication of notice ofthe passage of this ordinance. 18. Consider adoption of an ordinance declaring a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of a drainage easement In tAo parcels of land comprising 0.209 acres and 0.910 acres, respectively, located in the 11. Sisco Survey, Abstract No. A-1184, owned by Jasper Kuykendall, Sr.; authorizing the City Manager or his designate to make an offer to purchase the property for its fair market value and if such offer Is refused, authorizing the City Attorney to Institute the necessary proceedings in condemnation in order to acquire the properly necessary for the public purpose of constructing drainage improvements for the PEC•4 Tributary of Pecan Creek; and declaring an effective date. 19. Consider adoption of an ordinance declaring a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of a drainage easement in a parcel of land comprising 0.366 acres located in the 11. Sisco Survey, Abstract No. A•1184, owned by Jasper Kuykendall, Jr.; authorizing the City Manager or his designate tL make an offer to purchase the property for its fair market value and if such offer is refused, authorizing the City Attorney to institute the necessary proceedings in condemnation in order to acquire the property necessary for the pub1c purpose of constructing drainage improvements for the PEC-4 Tributary of Pecan Creek; and declaring an effective date. 20. C'onsidcr approval of a resolution nominating meta: s to the Appraisal Review Board of the Denton Central Appraisal District and declaring an effective date, i 21. Consider adoption of an ordinance amending Ordinance Nos. 88.189 and 95.191 and chapter 8 of the Code of Ordinances. which respcoh ely granted a franchise to Sammons Communications, Inc. and authorized the transfer of that franchise to Marcus Cable Associates, L.P., granting consent to the assignment and transfer of control of a cable television s) stem and franchise from Marcus Cable Associates L.L.C. to Paul O. Allen; and approving an acceptance agreement and an agreement in accordance with the terms and conditions of thir ordinance; providing for a savings clause; providing for publiration; provid:, for the effect of this ordinance upon other ordinances and reso'.ttions; and providing an effective date. (Second Reading) 22, Consider adoption of an ordinance amending Ordinance Nos. 87.112.93.140, and 97-299 and Section 3.2 of the Code of Ordinances of the City of Denton creating an Airport Advisory hoard to provide that the Board shall serve in an advisory capacity on policy m,itters concerning or pertaining to the Denton Municipal Airport; providing a severability clause; and providing an effective date. 23. Consider adoption of an ordinance of the City of Denton, Texas dissolving the Cable I'elcvision Advisory Board and repealing Section 8.130(b) of the Code of ordinances and repealing Ordinance No. 96.168 and portions of Ordinance No. 88.182 relating to the Cable Television Advisory Board and any other ordinance in conflict vn;9 this ordinance; convcying the appreciation of the Council to all current aml former members of the Cable Television Advisory Board; prodding a savings clause; and prescribing an immediate effective date. r City of Denton City Council Agenda Ma-eh 23, 1999 Page 5 24. Consider adoption of an ordinance of the City of Denton, Texas dissolving the Denton Downtown Ekvelopment Advisory Board and repealing Ordinances 91.021, 91 X71, 95• 259 and any other ordinance of the City of Denton, Texas, to the extent of any conflict; conveying the appreciation of the Council to all current and former members of the Denton Downtown Development Advisory Board; and prescribing an immediate effective date. 25. Consider adoption of an orC;:,ance amending Chapter 33 "Signs and Advertising Devices" Code of Ordinances, city of Denton, Texas by repealing Article 1, Section 33.6 to abolish Sign Board of Appeals; amending Chapter 33 "Signs and Advertising Devices" by adding new Section 33.6 providing for the appeals, variances and specials exceptions regardit,g Chapter 33 be heard by the Zoning Board of Adjustment, amending Chapter 33 "Signs and Advertising Devices" Code of Ordinances, City of Denton, Texas by amending Sections 33.49, 33.122, and 33.125 by replacing Sign Board of Appeals with Board of Adjustment; providing a severability clause; providing a savings clause; providing a penalty clause; and providing for an effectlve date. 26, Consider adoption of an ordinance amending Chapter 28 "Buildings and Building Regulations" Code of Ordinances, City of Denton, Texas by repealing Article 11, Division 2 "Building Code Board", Sections 28.41.29.42; repealing Article 111, Division 3 "Electrical Code Board", Sections 28.96.28'1 ; repealing Article IV, Division 3 "Plumbing and Mechanical Board", Sections 28.186.28190; repealing Article V, Division 2 "Plumbing and Mechanical Code Board", Sections 29.271.274; amending Chapter 28 "Buildings ant Building Regulations" by adding Article 10, providing for the creation of a "Construction Advisory and Appeals Board" to replace the Building Code Board, ftlectricei Code Bound, and Plumbing and Mechanical Code Board; amending Chapter 28 "Building and ButAing Regulations" Code of Ordinances, City of Denton, Texas by amending Sections 28.172, 28.231(f), 28.382, 28-396,28-426,29-429, 28.430, 28.431(x). 28.432(g) 28.434(a), 28.434(b)(3), and 28.437 by substituting Constriction Advisory and Appeals Coard for Plumbing and Mechanical Code Board and Building Code Board; amending Chapter 29 "Fire Code" Code of Ordinances, City of Denton, Texas by amending Section 29,2(A)(2) by eubstituhng Construction Advisory and Appeals Board for Building Code Board; providing a severability clause; providing a savings clause; providing a penalty clause; and providing for an effective date. 27. Consider adoption of an ordinance declaring a public necessity exists and finding that public welfare and convenience requires the taking of and scoutring of a street right-o6 way casement in 0.165 acres and a temporary construction and grading easement in 0.412 acres of land located in the Francis Batson Survey, Abstract No. 43, owned by Norma and D. Ocne Gamble; authorizing the City Manager or his designee to make an other to purchase the property for its fair market value and if such offer Is refused, authorizing the City Attorney to Institute the necessary proceedings In condemnation in order to acquire ' the property necessary for the public purpose of construction street Improvements for Westward Drive; and declaring an effective date. 28. Consider adoption of an ordinance authorizing the City Manager to execute an agreement on behalf of the City of Denton with R. It. of Texas, LTD. Partnership; providing for the payment of the cost of condemnation to construct street improvements for Westward Drive. l t~ City of Denton City Council Agenda March 23, 1999 Page 6 29. Consider nominations/appointments to the City's Boards and Commissions. 30. Miscellaneous matters from the City Manager. 31. New Businoss This item provides c section for Council Members to suggest items for future agendas. 32, Possible continuation of Closed Meeting under Sectio is 531-071-551.085 of the Texas Open Meetings Act. 33. Official Action on Closed Meeting items held under Section 551.071-551.083 of the Tcxns Open Meetings Act. Following the completion of the Regular Session, the Council will convene Into a Work Session to discuss the following: 1. Receive Information and give staff direction concerning the hours of operation for the 1999 Fry Street Fair, 2. Receive a report, hold a discussion, and give staff direction regarding an Impact Fee Feasibility Study. The study addresses Transportation Impart Fees, Drainage Impact F"t and Water/Wastewater Policy Optio~ts, and has been prepared by Duncan Associates of Austi;t, Texas. 3. Receive a report, hold a discussion, and give staff direction regarding implementation of the proposed land conveyance program, 4. Receive a report, hold a discussion, and give staff 't^:ction with regard to the possible annexation of two tracts of land and a request from the City of Argyle to release land from the city of Denton Extra-Territorial Jurisdiction (ETJ). 1. Trinity Meadows, Approximately 80.7 acres south of McKinney Street (FM 426) near Its intersection with trinity Road. A manufactured housing development is proposed. 2. Mesquite Meadows. Approximately 100.2 acres north of Loop 288, between Stuart and N. Locust Streets. Subdivision into two large lots is proposed. No specific development proposal has been stated. 3. Release of ETJ. An area betacen Argyle and Bartonville, south of FM 407. The cities of Argyle and Bamonville have agreed on a plan to annex tracts of land between their cities, including a tract of land currently Jesignated as City of Denton ET), Division 2. j 5. Receive a report, hold a discussion, and give staff direction regarding the economic development program. l a c. I City of Denton City Council Agenda March 23, 1999 { Page 7 i CERTIFICATE 1 certify that the above notice of meeting Nvas posted on the bulletin board at the City 1w) of the City of Denton, Texas, on the dayof ,1999 at oclock(a,m.) (P.m.) CITY SECRETARY DOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WALL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETINO. j PLEASE CALL THE CITY SECRETARY S OFFICE AT 349.8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1.800- RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARYS OFFICE. 1 t` 1 I AGENDA INFORMATION SHEET AGENDA DATE: March 23,1999 DEPARTMFNTt Fiscal Operations ACM; Kathy Du Bose Fiscal and Municipal Services S.UBdF~CT I Consider adoption of an ordinance authorizing the issuaiiee, sale, and delivery of City of Denton General Obligation Bonds, Series 1999, levying the tax to pay same, and approving and authorizing Instruments and procedures relating thereto; and providing an effective date, BACKGROUND i On March 23, 1999, David Medanich, First Southwest Company, and Ted Brizzolara 111, McCall, Parkhurst, and Horton, will deliver and open bin, for City of Denton General Obligation Bonds, Series 1999, The City Charter requires sealed bids be publicly opened and tabulated before the City Council. The bonds will provide funding of $8,215,000 for Parks and Recreation ($3,330,000), and Engineering and Transportation (S4,685,0M). The projects were previously approved in the 1998.2003 Cjpital Improvement Program. PRIOR.',CTIO /REVIEW (Council, Boards, Commisslons) , On February 2, 1999, the City Council approved ordinance 99.035 directing the publication of Notice of Intention to Issue City of Denton General Obl?gation Bonds, Series 1999, and directing the issuance and publication of Notice of Sale of said bonds. it also provided for an effective date. FISCAL INFORMATION , q The General Obligation Bonds, Scries 1999, will requie an average arutual debt sen!o payment of approximately $635,000. Respectfully submitted: Diana O.Ottiz { Directot of Fiscal Operations 1 i i' n ORDINANCE NO. 99- ORDINANCE AUTHORIZING 7HE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON GENERAL OBLIGATION BONDS, SERIES 1999, LEVYING THE TAX TO PAY SAME, AND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO; AND PROVIDING AN EFFECTIVE DATE THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON WHEREAS, an election was held on 1 ebruary 24, 1996 at which the City Council was authorized to Issue certain of the bonds hereinafter authorized; and WHEREAS, at Wd election the following bonds were authorized to be Issued: Amount Prop. Amount Amount Being Previously Voted ..N&- Authorized _ Issued_ Issued But unissued 1 $11,112,000 54,685,000 $6,423,000 S 2,000 2 7,238,000 -D• 4,930,000 2,308,000 3 7,630,000 3,530,000 4,120,000 -0- WIT P :1AS, the bonds hereinafter authorized and designated were voted and are to be issued, sold, and delive'ed pursuant to Vernon's Ann. Tex. Civ. St Articles 823 and 1175, Article IX of the City's Home Rule Charter, and other applicable laws; and WHEREAS, it is considered to be in the best interest of the city that said interest bearing bonds be issued, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Section 1. AMOUNT AND PURPOSE OF THE BONDS, The bond or bends of the City of Denton, Texas (the "Issuer") are hereby authorized to be issued end delivered in the aggregate principal amount of $8,215,600, FOR THE PURPOSE OF THE ACQUISITION OF PROPERTY AND MAKING IMPROVEMENTS FOR PUBLIC PURPOSES IN SAID CITY, TO-WIT: STREET AND TRAFFIC CONTROL IMPROVEMENTS AND PARK IMPROVEMENTS. ' Section2. DESIGNATION OF THE BONDS. Each bond issued pursuant totNiOrdiftVX4 shall be designated "CITY OF DENTON GENERAL OBLIGATION BOND, SERIES 1999, r'nd initially there shall be issued, sold, and delivered hereunder a single fully registered bond, without /r interest coupons, payable in installments of principal (the 'initial Bond"), b:' the initial Bond may be assigned and transferred and/or converted into and exchanged for alike aggregate principal 2 n c: 4 amount of fully registered bonds, without interest coupons, having serial maturitie?, and in the denomination or denominations of $5,000 or any integral multiple of $5,000, all in the stunner herein- after provided. The term "Bonds" as used in this Ordinance shall mean u,d Include collectively the Initial Bond and 0 substitute bonds exchanged therefor, as well as all other substitute bonds and replacement bonds issued pursuant hereto, and the term "Bonds" shall mean any of the Bonds. Section 3. INITIAL DATE, DENOMINATION, NUMBER, MATURITIES, IAIITIAL REGISTERED OWNER, AND CHARACTERISTICS OF THE INITIAL BOND. (a) The Initial Bond Is hereby authorized to be Issued, sold, and delivered hereunder as a single fully registered Bond, without interest coupons, dated March 15, 1949, in the denomination and aggregate principal amount of $8,215,000, numbered R-1, payable in annual installments of principal to the initial registered owner thereof, to-wit: or to the registe7ed assignee or assignees of said Bond or any portion or portions thereof (in each case, the "registered owner"), with the annual Installments of principal cf the Initial Bond to be payable on the dates, respectively, and in the principal amounts, respectively, stated in the FORM OF INITIAL BOND set forth in this Ordinance. (b) The Initial Bond (i) may be prepaid or redeemed prior to the respective scheduled due dates of installments of principal thereof, (ii) may be assigned and transferred, (iii) may be converted and exchanged for other Bonds, (iv) shall have the characteristics, and (v) shall be signed and sealed, and the principal of and interest on the Initial Bond shall be payable, all as provided, ani in the manner required or indicated, in the FORM OF INITIAL BOND set forth in thin Ordinance, Section 4. INTEREST. The unpaid prircipal balance of the Initial Bond shall bear interest from the date of the Initial Bond to the respective scheduled due dates, cr to the respectNv dates of prepayment or redemption, of the Installments of principal of the initial Bond, and said interest shall be payable, all in the manner provided and at the rates and on the dates stated in the FORM OF INITIAL BOND set forth in this Ordinance. Section 5. FORM OF INITIAL BOND, The form of the Initial Bond, including the form of Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be endorsed on the Initial Bond, shall be substantially as follows r r { 1 9 iFORM OF INiTtAt BOND NO. R•I $8,215,000 UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON GENERAL OBLIGATION BOND SERIES 1999 THE CITY OF DEMON, in Denton County, Texas (the "Issuer"), being a pol;~ical subdivision of the State c'Texas, hereby promises to pay to or to the registered assignee or assignees of this Bond or spy portion or portions hereof (in each case, the "registered owner") the aggregate principal amount of $8,215,000 (EIGHT MILLION TWO HUNDRED FIFTEEN THOUSAND DOLLARS) in annual installments of principal due and payable on February 15 in each of the years, and in the respective principal amounts, as set forth in the following schedule: PRINCIPAL PRINCIPAL UAR _AMOLfNr YEAR AMOUNT 2000 415,000 2010 410,000 2001 415,000 2011 410,000 2002 415,000 2012 410,000 2003 410,000 2013 410,000 2004 410,000 2014 410,000 2005 410,000 2015 410,000 2006 410,000 2016 410,000 2007 410,000 2017 410,000 2008 410,000 2018 410,000 2009 410,000 2019 410,000 and to pay interest, calculated on the basis of a 360-day year composed of twelve 30-day months, from the date of this Bond hereinafter stated, on the balance of each such Installment of principal, respectively, from time to time remaining unpaid, at the rates as follows: __24 per annum on the above Installment due in 2000 lr' per annum on the above installment due in 2001 per annum on the above installment due in 2002 per annum on the above installment due In 2003 per annum on the above installment due in 2004 3 I i I per annum on the above installment due in 2005 per annum on the above installment due in 2006 per annum on the above installment due in 2007 per annum on the above installment due in 2008 per annum on the above installment due in 2009 ,__°/o per annum on the above installment due in 2010 per annum on the above installment due in 2011 per annum on the above installment due in 2012 per annum on the above installment due in 2013 per annum on the above installment due in 2014 per annum on the above installment due in 2015 per annum on the above installment due in 2016 per annum on the above installment due in 2017 per annum on the above installment due in 2019 per annum on the above installment due in 2019 with said interest being first due and payable on February 15, 2000, and semiamnuelIy on each August 15 and February 15 thereafter while this Bond or any portion hereof is outstanding and unpaid THE INSTALLMENTS OF PRINCIPAL OF AND THE INTEREST ON this Bond are payable in lawful money of the United States of America, without exchange or collection charges. The installments of principal and the interest on this Bond are payable to the registered owner hereof through the services of CHASE BANK OF TEXAS, NATIONAL ASSOCIATION, DALLAS, TEXAS, which is the "Paying Agent/Registrar"for this Bond. Payment of all principal of and interest on this Bond shall be made by the Paying Agent/Registrar to the registered owner hereof on each principal and/or interest payment date by check, dated as of such date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required by the ordinance authorizing the issuance of this Bond (the "Bond Ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such principal and/or interest payment date, to the registered owner hereof, at the address ofthe registered owner, as it appeared at the close of business on the last day of the month next preceding each such date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described. The Issuer cove- nants with the registered owner ofthis Bond that on or before each principal and/or interest payment date for this Bond it will make available to the paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Bond Ordinance, the amounts required to provide for the payment, In immediately available funds, of all principal of and interest on this Bond, when due IF THE DATE for the payment of the principal of or interest on this Bond shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the City where the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such f 4 payment shall be the next succeeding day which is not such & Saturday, Sunday, legal holiday, or day ! l on which banking institutions are authorized to close; and payment on such date shall have the erne force and effect as if made on the original date payment was due. s i, I s t M THIS BOND has been authorized in accordance with the Constitution and laws of the State of Texas FOR THE PURPOSE OF TM ACQUISITION OF PROPERTY AND MAKING IMPROVEMENTS FOR PUBLIC PURPOSES IN SAID CITY, TO-WIT: STREET AND TRAFFIC CONTROL IMPROVEMENTS AND PARK IMPROVEMENTS, ON FEBRUARY 15,2009, or on any date whatsoever thereafter, the unpaid Installments of principal of this Bond may be prepaid or redeemed prior to their scheduled due dates, at the option of the Issuer, with funds derived from any available source, as & whole, or in part, and, if in part, the particular portion of this Bond to be prepaid or redeemed shall be selected and designated by the Issuer (provided that a portion of this Bond may be redeemed only in an integral multiple of S$,000), at the prepayment or redemption price of the par or principal amount thereof, plus accrued interest to the date fixed for prepayment or redemption THE PRINCIPAL INSTALLMENTS OF THE BONDS of this Series scheduled to mature on FEBRUARY 15, 2014 through FEBRUARY 15, 2019 are subject to mandatory redemption prior to their scheduled maturities, and shall be redeemed by the Issuer. In part, prior to their scheduled maturities, with money from the Mandatory Redemption Account of the Interest and Sinking Fund, with the particular Bonds or portion thereof to be redeemed to be selected by the Paying Agent/Registrar, by lot or other customary method (provided that a portion of a Bond may be redeemed only in an integral multiple of $5,000) at a redemption price equal to the par or principal amount thereof and accrued interest to the date of redemption, on the dates, and in the principal 1 amounts, respectively, as shown in the following schedules: February 15, 2014 Maturity A7andatorv Redemption Date s Principal Amounts , February 15, 2014 $ , February 15, 2015 February 15, 2016 • payable at maturity Februa 15.2019 Maturity Mandatory Redempti no Dates Principal Amounts \ February 15, 2017 $ February 15, 2018 February 15, 2019 'payable at maturity The principal amount of the Bonds required to be redeemed on each such redemption date pursuant to the foregoing operation of the Mandatory Redemption Account shall be reduced, at the option of the Issuer, by the principal amount of any Bands, which at least 4$ days prior to the mandatory sinking fund redemption date, (1) shall have been acquired by the Issuer and delivered to the Paying Agent/Rebistrar for cancellation, or (2) shall have been purchased and cancelled by the Paying i Agent,tRegistrar at the request of the Issuer at a price not exceeding the principal amount of such Bonds plus accrued interest to the date of purchase, or (3) have been redeemed pursuant to the r 1 optional redemption provisions set forth above and no: theretofore credited against a mandatory sinking fund redemption During any period in which aarnership of the Bonds is determined by a book entry at a securities depository for the Bonds, if fewer than all of the Bonds of the same a c• maturity and bearing the same interest rate are to be redeemed, the particular Bonds of such malurily and bearing such interest rate shall be selected in accordance with the arrangements between the issuer and the securities depository, AT LEAST 30 days prior to the date fixed for any such prepayment or redemption a written notice of such prepayment or redemption shall be mailed by the Paying Agent/Registru to the registered owner hereof. By the date fixed for any such prepayment or redemption due provision shall be made by the Issuer with the Paying Agent/Registrar for the payment of the required prepay. ment or redemption price for this Bond or the portion hereof which is to be so prepaid or redeemed, plus accrued interest thereon to the date fixed for prepayment or redemption If such written notice of prepayment or redemption is given, and if due provision for such payment is made, gas provided above, this Bond, or the portion thereof which is to be so prepaid or redeemed, thereby automatically shall be treated as prepaid or redeemed prior to its scheduled due date, and shall not bear interest after the date fixed for its prepayment or redemption, and shall not be regarded as being outstanding except for the right of the registered owner to receive the prepayment or redemption price plus accrued interest to the date fixed for prepayment or redemption from the Paying Agent/Registrar out of the funds provided for such payment. The Paying Agent/Registrar shall record In the Registration Books all such prepayments or redemptions of principal of this Bond or any portion hereof THIS BOND, to the extent of the unpaid or unredeemed principal balance hereof, or any unpaid and unredeemed portion hereof in any integral multiple of S5,000, may be assigned by the initial registered owner hereof and shall be transferred only in the Registration Books of the Issuer kept by the Paying AgenURegbtrar acting in the capacity of registrar for the Bonds, upon the terms and conditions set forth in the Bond Ordinance. Among other requirements for such transfer, this Bond must be presented end surrendered to the Paying Agent/ Registrar for cancellation, together J with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the 1 Paying Agent/Registrar, evidencing assignment by the initial registered owner of this Bond, or any portion or portions hereof in any Integral multiple of S5,000, to the assignee or assignees in whose name or names this Bond or any such portion or portions hereof is or are to be transferred and registered. Any instrument or Instruments of assignment satisfactory to the Paying Agent/Registrar may be used to evidence the assignment of this Bond or any such portion or portions hereof by the initial registered owner hereof Anew bond or bonds payable to such assignee or assignees(which then will be the new registered owner or owners of such new Bond or Bonds) or to the Initial registered owner as to any portion of this Bond which is not being assigned and transferred by the initial registered owner, shall be delivered by the Paying AgenVRegistrar in conversion of and exchange for this Bond or any portion or portions hereof, but solely In the form and manner as provided in the next paragraph hereof for the conversion and exchange of this Bond or any portion hereof. The registered owner of this Bond shall be deemed and treated by the Issuer and the Paying Agent/Registrar as the absolute owner hereof for all purposes, Including payment and discharge of liability upon this Bond to the extent of such payment, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary. 4 AS PROVIDED Above and in the Bond Ordinance, this Bond, to the extent of the unpaid or unredeemed principal balance hereof, may be converted Into and exchanged for a like aggregate j principal amount of fully registered bonds, without interest coupons, payable to the assignee or 7 v assignees duly designated in writing by the initial registered owner hereof, or to the initial registered owner as to any portion of this Bond which is not being assigned and transferred by the initial registered owner, in any denomination or denominations in any integral multiple of S5,000 (subject to the requirement heretrafler stated that each substitute bond issued in exchange fx any portion of this Bond shall have a single stated principal maturity date), upon surrender of this Bond to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the Bond Ordinance. If this Bond or any port ion hereof is assigned and transferred or converted each bond issued in exchange for any portion hereof shall have a single stated principal maturity date corresponding to the due dme of the installment of principal oftEs Bond or portion hereof for which the substitute bond is being exchanged, and shall bear interest at the rate applicable to and borne by such installment of principal or portion thereof Such bonds, respectively, shall be subject to redemption prior to maturity on the same dates and for the same prices as the corresponding installment of principal of this Bond or portion hereof for which they are being exchanged No such bond shall ba payable in Installments, but shall have only one stated principal maturity date. AS PROVIDED IN THE BOND ORDINANCE, 7 HIS BOND IN ITS PRESENT FORM MAY BE ASSIGNED AND TRANSFERRED OR CONVERTED ONCE ONLY, and to one or more assignees, but the bonds issued and delivered in exchange for this Bond or any portion hereof may be assigned and transferred, and converted, subsequently, as provided in the Bond Ordinance. The Issuer shall pay the Paying Agent/Registries standard or customary fees and charges for transferring, converting, and exchanging this Bond or any portion thereof, but the one requesting such transfer, conversion, and exchange shall pay any taxes or governmental charges required to be paid with respect thereto. The Paying Agent/Registrar shall not be required to make any such assignment, conversion, or exchange (i) during the period commencing with the close of business on any Record Date and ending with the opening ofbusiness on the next following principal or interest payment date, or, (ii) with respect to any Bond or portion thereof called for prepayment or redemption prior to maturity, within 45 days prior to its prepayment or redemption date. IN THE EVENT any Paying Agent/Registrar for this Bond is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Bond Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and promptly will cause written notice thereof to be mailed to the registered owner of this Bond IT IS HEREBY certified, recited, and covenanted that this Bond has been duly and validly voted, authorized, issued, sold, and delivered, that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this Bond have been performed, existed, and been done in accordance with law; that this Bond Is & general obligation of the Issuer, issued on the full faith and credit thereof; and that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Rond, as such interest comes due and such principal matwes, have been levied and ordered lobe levied against all taxable property in the Issuer, and have beta pledged irrevocably for such payment, within the limit pre- scribed by law 1 , BY BECOMING the registered owner of this Bond, the registered owner thereby acknowledges all of the terms and provisions of the Bond Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Bond Ordinance is duly recorded and available for i a o u R inspection in the official minutes and records of the g i oming body of the Issuer, and agrees that the terms and provisions of this Bond and the Bond Ordinance constitute a contract between the registered owner hereof and the Issuer. IN WITNESS WHEREOF, the Issuer has caused this Bond to be signed with the manual signature of the Mayor of the Issuer and countersigned and attested with the manual signature of the City Secretary of the Issuer, has caused the official peal of rho Issuer to be duly impressed on this Bond, and has caused this Bond to be dated March 15, 1999, ATTEST: CITY OF DENTON, TEXAS By: By: Jennifer Walters Jack Miller City Secretary, City of Denton, Texas Mayor, City of Dentot, Texas (CITY SEAL) (INSERT BOND INSURANCE LEGEND, IF ANY) 4 1 i 4 1 ILA f' t FORM OF REGISTRATION CERTIFICATE OF THE CONIFTROLLER OF PUBLIC ACCOUNTS (To be attached to Initial Bond only) r COMPTr.OLLER'S REGISTRATION CERTIFICATE: REGISTER NO. 1 hereby certify that this Bond has been examined, certified as to validity, and approved by the Attorney General of the State ofTexas, and that this Bond has been registered by the Comptroller of Public Accounts of the State of Texas Witness my signature and seal this Comptroller of Public Accounts of the State of Texas (COMPTROLLER'S SEAL) Section 6. ADDITIONAL CHARACTERISTICS OF THE BONDS Reg ration end Transfer (a) The Issuer shall keep or cause to be kept at the principal corporate trust office of CHASE BANK OF TEXAS, NATIONAL ASSOCIATION, DALLAS, 1EXAS (the "Paying Agent/Registrar") books or records of the registration and transfer of the Bonds (the "Registration Books"), and the Issuer hereby appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such books or records and make such transfers and registrations under such reasonable regulations as the Issuer and Paying Agent/Registrar may prescribe, and the Paying Agent/Registrar shall make such transfers and registrations as herein provided. The Paying Agent/Registrar shall obtain and record in the Registration Books the address of the registered owner of each Bond to µ hich payments with respect to the Bonds shall be mailed, as herein provided, but it shall be the duty of each registered owner to notify the Paying Agent/Registrar In writing of the address to which payments shall be mailed, and such interest payments shall not be mailed unless such notice has been given The Issuer shall have the right to inspect the Registration Books during regular business hours of the Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the Registration Books confidential and, unless ot'teraise required by law, shall not permit their inspection by any other entity. Registration of each Sond may be transferred in the Registration Socks only upon presentation and surrender of such Bond to the Paying Agent/Registrar for transfer of registration and cancellation, togetherwith proper written instruments of assignment, in formandw'th guarantee of signatures satisfactory to the Paying Agent/Registror, (i) evidencing the assignment of the Bond, or any portion thereof in any integral multiple of $5,000, to the assignee or assignees thereof, end (ii) the right of such assignee or assignees to have the Bond or any such portion thereof registered in the name of such assignee or assignees. Upon the assignment and transfer of any Bond or any portion thereof, a new substitute Bond or Bonds shall be issued in conversion and exchange therefor in the t manner herein provided The Initial Bond, to the extent of the unpaid or unredeemed principal balance thereof, maybe assigned and transferred by the initial registered owner thereofonceonly, and to one or more assignees designated in writing by the initial registered owner thereof All Bonds issued and delivered in conversion of and exchange for the Initial Bond shall be in any denomination 10 c. w or denoml nations of any integral multiple of S5,000(subjezt to the requirement hereinafter stated that each substitute Bond shall have a single stated principal maturity date), shall be in the form prescribed in the FORM OF SUBSTITUTE BOND set forth in this Ordinance, and shall have the characteristics, and may be assigned, transferred, and converted as hereinafter provided. If the Initial Bond or any portion thereof is assigned and transferred or converted the Initial Bond must be surrendered to the Paying Agent/Registrar for cancellation, and each Bond Issued in exchange for any portion of the Initial Bond shall have a single stated principal maturity date, and shall not be payable in installments; and each such Bond shall have a principal maturity date corresponding to the due date of the installment of principal or portion thereof for which the substitute Bond is being exchanged; and each such Bond shall bear interest at the single rate applicable to and bome by such installment of principal or portion thereof for which it is being exchanged If only a portion of the Initial Bond is assigned and transferred, there shall be delivered to and registered in the name of the initial registered owner substitute Bonds in exchange for the unassigned oalmee of the Wtial Bond in the same manner as if the initial registered owner were the assignee thereof 1f any Bond or portion thereof other than the Initial Bond is assigned and transc erred or converted each Bond issued in exchange therefor shall have the same principal maturity date and bear Interest at the same rate as the Bond for which it is exchanged A form of assignment shall be printed or endorsed on each Bond, excepting the Initial Bond, which shall be executed by the registered owner or its duly authorized attorney or representative to evidence an assignment thereof. Upon surrender of any Bonds or any portion or portions thereof for transfer of registration, An authorized representative of the Paying Agent/Registrar shall make such transfer in the Registration Books, and shall deliver a new fully registered substitute Bond or Bonds, having the characteristics herein described, payable to such assignee or assignees (which then will be the registered owner or owners of such new Bond or Bonds), or to the preAous registered owner in case only a portion of A Bond Is being Assigned and transferred, all in conversion of and exchange for said assigned Bond or Bonds or any portion or port ons thereof, in the same form and manner, And with the same effect, as provided in Section 6(d), belor, for the conversion and exchange of Bonds by any registered owner of a Bond. 'rhe Issuer shall r jy the Paying Agent/Registrar's standard or customary fees and charges for making such trans- fer and delivery of a substitute Bond or Bonds, but the one requesting such transfer shall pay any taxes or other governmental charges required to be paid with respect thereto. The Paying AgenAegistrar shall not be required to make transfers of registration of any Bond or any portion thereof(i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (ti) with respect to any Bond or any portion thereof eoilled for redemption prior to maturity, within 45 days prior to its redemption date (b) Ownership of Bontls. The entity In whose name any Bond shall be registered in the Registration Books at kny time shall be deemed and treated as the absolute owner thereof for all purposes of this Ordinance, whether or not such Bond shall be overdue, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary; and payment of, or on account of, the principal of, premium, if any, and interest on any such Bond shall be made only to such to registered owner. All such payments shall be valid and effectual to satisfy and discharge the liability / j - upon such Bond to the extent of the sum or sums so paid. tt c(c) PaMeit of Bonds and Interest. The Issuer hereby further appoints the Paying Agent/Registrar to act as the paying agent for paying the principal of and interest on the Bonds, and to act as its agent to convert and exchange dr replace Bonds, ail as provided in this Ordinance. The Paying Agent/Registrar shall keep proper records of all payments made by the Issuer and the Paying Agent/Registrar with respect to the Bonds, and of all conversio.ts and exchanges of Bonds, and all replacements of Bonds, as provided in this Ordinance. However, in the event or & nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have be :n received from the Issuer. Notice of the Special Record Date and of the scheduled payment date of the past due interest ("Special Payment Date", which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first class postage prepaid, to ti the address of each Holder of a Bond appearing on th, registration books of the Paying Agent/Registrar at the close of business on the 15th business day next preceding the dale of mailing of such notice. (d) Conversion and Exchange or Replecement: Authentication Each Bond issued and delivered pursuant to this Ordinance, to the extent of she unpaid or unredeemed principal balance or principal amount thereof, may, upon surrender of such Bond at the principal corporate trust office of the Paying Agent/Registrar, together with a written request therefor duly executed by the registered owner or the assignee or assignees thereof, or its or their duly authorized attorneys or representatives, with guarantee of signatures satisfactory to the Paying Agent/Registrar, may, at the option of the registered owner or such assignee or assignees, as appropriate, be converted into and exchanged for fully registered bonds, without interest coupons, in the form prescribed in the FORM OF SUBSTITUTE BOND set forth in this Ordinance, in the denomination of $5,000, or any integral multiple of SS,ooo (subject to the requirement hereinafter stated that each substitute Bond shall have a single stated maturity date), as requested in writing by such registered owner of such assignee or assignees, in an aggregate principal amount equal to the unpaid or unredeemed principal balance or principal amount of any Bond or Bonds so surrendered, and payable to the appropriate registered owner, assignee, or assignees, as the case maybe If the lnitial Bond is assigned and transferred or converted each substitute Bond issued in exchange for any portion oNhe Initial Bond shall have a singlestatedprincipalmaturity date, andshall notlr payable in installments; andeach suchBond shall have a principal maturity date corresponding tothedue dateofthe installment ofprincipal orportion thereof for which the substitute Bond is being exchanged; and each such Bond shall bear interest at the single rate applicable to and borne by such installment of principal or portion thereof for which it is being exch+ooged Its portion ofany Bond (other than the Initial Bond) shall be redeemed prior to its scheduled maturity as provided herein, a substitute Bond or Bonds having the same maturity date, bearing Interest at the same rate, in the denomination or denominations of any integral multiple of S5,000 at the request of the registered owner, and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the re,)stered owner upon surrender thereof for cancellation If any Bond or portion thereof (other than the Initial Bond) is assigned and transferred or converted, each Bond issued In exchange therefor shall have the same principal maturity date and / I bear interest at the same rate as the Bond for which it is being exchanged Each substitute Bond shall bear a letter and/or number to distinguish it from each ocher Bond The Paying Agent/Registrar shall convert and exchange or ;eplace Bonds as provided herei.:, and each fully registered bond delivered iZ r e in conversion of and exchange for or replacement of any Bond or portion thereof as permitted or required by any provision of this Ordinance shall constitute one of he Bonds for all purposes of this Ordinance, and may again be converted and exchanged or replaced It Is specifically provided that any Bond authenticated In conversion of and exchange for or replacement of another Bond on or prior to the first scheduled Record Date for the Initial Bond shall bear interest from the date of the Initial Bond, but each substitute Bond so authenticated after such first scheduled Record Date shall bear interest from the interest payment date next preceding the date on which such substitute Bond was so authenticated, unless such Bond is authenticated after any Record Date but on or before the next following interest payment date, in which case it shall bear interest from such next following interest payment date; provided, however, that if at the time of delivery of any substitute Bond the interest on the Bond for which it Is being exchanged is due but has not been paid, then such Bond shall bear interest from the date to which such Interest has been paid in foil. THE INITIAL BOND issued and delivered pursuant to this Ordinance is not required to bo, and shall not be, authenticated by the Paying Agent/Registrar, but on each substitute Bond Issued in conversion of and exchange for or replacement of any Bond or Bonds issued under this Ordinance there shall be printed a bond, in the form substantially as follows: "PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE It is hereby certified that this Bond has been issued under the provisions of the Bond Ordinance described in this Bond; and that this Bond has been Issued in convey lion of and exchange for or replacement of a bond, bonds, or a portion of a bond or bonds of an Issue which originally was approved by the Attorney General of the state of Texas and registered by the Comptroller of Public Accounts of the State of Texas CHASE BANK OF TEXAS, NATIONAL ASSOCIATION, DALLAS, TEXAS Paying Agent/Registrar Dated By Authorized Representative" An authorized represente,ive of the Paying Agent/Registru shall, before the delivery of any such Bond, date and manually sign the above Bond, and no such Bond shall be deemed :o be issued or out. standing unless such Bond is so executed The Paying Agent/Registrar promptly shall cancel all Bonds surrendered for conversion and exchange or replacement No additional ordinances, orders, or resolutions need be passed or adopted by the governing body of the Issuer or any other body or person so as to accomplish the foregoing conversion and exchange or replacement of any Bond or portion thereof, and the Paying Agent/Registrar shall provide for the printing, execution, and delivery of the substitute Bonds in the manner prescribed herein, and mid Bonds shall be of type composition printed on paper with lithographed or steel engraved borders of customary weight and strength. Pursuant to Vernon's Ann Tex. Civ. St. An 717k-6, and particularly Section 6 thereof, the duty of conversion and exchange or replacement of Bonds as aforesaid is hereby Imposed upon the Paying 13 sAgent/Registrar, and, upon the execution of the above Paying Agent/Registrar's Authentication Certificate, the convened and exchanged or replaced Bond shall be valid, incontestable, and enforceable in the same maruter and with the same effect as the Initial Bond which originally was issued pursuant to this Ordinance, approved by the Attorney General, and registered by the Comptroller of Public Accounts The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for transferring, converting, and exchanging any Bond or any portion thereof, but the one requesting any such transfer, conversion, and exchange shall pay any taxes or governmental charges required to be paid with respect thereto as a condition precedent to the exercise of such privilege of conversion and exchange. The Paying Agent/Registt ar shall not be required to make any such conversion and exchange or replacement of Bonds or any portion thereof (i) during the period commencing Aitb the close of business on any Record Date and ending with the opening of business on the next following principal of interest payment date, or, (ii) with respect to any Bond or portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date (e) In General All Bonds issued in conversion and exchange or replacement of any other Bond or portion thereof, (i) shall be issued in fully registered form, without interest coupons, with the principal of and interest on such Bonds to be payable only to the registered owners thereof, (G) may be redeemed prior to their scheduled maturities, (iii) may be transferred and assigned, (iv) may be converted and exchanged for other Bonds, (v) shall have the characteristics, (vi) shall be signed and sealed, and (0) the principal of and Interest on the Bonds shall be payable, all as provided, and in the manner required or indicated, in the FORM OF SUBSTITUTE BOND set forth in this Ordinance (f) Payment of Fees and Charges The Issuer hereby covenants with the registered owners of the Bonds that it will (i) pay the standard or customary fees and charges of the Paying Agent/Registrar for its services with respect to the payrnent of the principal of and interest on the Bonds, when due, and (ii) pay the fees and charges of the Paying Agent/ Registrar for services with respect to the transfer of registration of Bonds, and with respect to the conversion and exchange of Bonds solely to the extent above provided in this Ordinance (g) Substitute Paying Agent/Registrar. The Issuer covenants with the registered owners of the Bonds that at all times while the Bonds are outstanding the Issuer will provide a competent and legally qualified bank, trust company, financial institution, or other agency to act as and perform the services of Paying AgenuRegi-tray for the Bonds under this Ordinance, and that the Paying Agent/Registrar will be one entity. The Issuer reserves the right to, and may, at its option, change the Paying Agent/Registrar upon not less than 120 days written notice to the Paying Agent/Registrar, to be effective not later than 60 days prior to the next principal or Interest payment date after such notice. In the event that the entity at any time acting as Paying Agent/Registrar (or its successor by merger, acquisition, or other method) should resign or otherwise cease to act as such, the Issuer covenants that it will promptly appoint a competent and legally qualified bank, trust company, ' financial institution, or other agency to act as Paying Agent/Registrar under this Ordinance, Upon / any change in the Paying Agent/Registrar, the previous Paying Agent/Registrar shall promptly transfer and deliver the Registration Books (or s copy thereon, along with all other pertinent books and records relating to the Bonds, to the new Paying Agent/Registrar designated and appointed by 14 r i the Issuer. Upon any change in the Paying Agent/Registrar, the Issuer promptly will cause a written notice thereof to be sent by the new Paying Agent/Registrar to each registered owner of the bonds, by United States mail, first-class postage prepaid, which notice also shall give the address of the new Paying Agent/Registrar. By accepting the position and performing as such, each Paying Agent/Regis- trar shall be deemed to have agreed to the provisions of this Ordinance, and a certified copy of this Ordinance shall be delivered to each Paying Agent/Registrar. Section 7. FORM OF SUBSTITUTE BONDS. The form of all Bonds issued in conversion and exchange or replacement of any other Cond or portion thereof, including the form of Paying Agent/Registrar's Bond to be printed on each of such Bonds, and the Form of Assignment to be printed on each of the Bonds, shall be, respectively, substantially as follows, with such appropriate variation, omissions, or insertions as are permitted or required by this Ordinance. FORM OF SUBSTITUTE BOND (Book-Entry Only Legend, if appropriate) NO. UNITED STATES OF AMERICA PRINCIPAL. AMOUNT STATE OF TEXAS S_ COUNTY OF DENTON CITY OF DENTON GENERAL OBLIGATION BOYD SERIES 1999 ORIGINAL DATE INTEREST RATE [MATURITY DATE OF ISSUE C SU IP N0. ON THE MATURITY DATE specified above the CITY OF DENTON, In Denton County, Texas (the "Issuer"), being a political subdivision of the State of Texas, hereby promises to pay to or to the registered assignee hereof (either being hereinafter called the "registered owner") the primipal amount of and to pay interest thereon, calculated on the basis of a 360-day year composed of twelve 30-day months, from March 15, 1999, to the maturity date specified above, or the date of redemption prior to maturity, at the interest rate per annum specified above; with interest being first due and payable on February 13, 2000, and semiannually on each August 15 and February 15 thereafter, except that if the date of authentication of this Bond is later than the first Record bate (hereinafter defined), such principal amount shall bear interest from the interest payment date next preceding the date of , authentication, unless such date of authentication is after any Record Date (hereinafter defined) but ' s (r - on or before the next following interest payment date, in wh!chcase such principal amount shall bear interest from such next following interest payment date. is k THE PRINCIPAL OF AND INTEREST ON this Bond are payable In lawful money of the United States of America, without exchange or collection charges. The principal of this Bond shall C be paid to the registered owner hereof upon presentation and surrender of this Bond at maturity or upon the date fixed for its redemption prior to macurity, at the principal corporate trust office of CHASE BANK OF TEXAS, NATIONAL ASSOCIATION, DALLAS, TEXAS, which Is the "Paying Agent/Registrar" for this Bond. The payment of interest on this Bond shall be made by the Paying Agent/Registrar to the registered owner hereof on each interest payment date by check, dated as of such interest payment date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required by the ordinance authorizing the issuance of the Bonds (the "Bond Ordinance") to be on deposit with the Paying ASent/Registrar for such purpose as hereinafler provided; and such check shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such interest payment date, to the registered owner hereof, at the address of the registered owner, as it appeared at the close of business on the last day of the month next preceding each such date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described. However, the payment of such Interest may be made by any other method acceptable to the Paying Agent/Registrar and requested by, and at the risk and expense of, the registered owner hereof Any accrued interest due upon the redemption of this Bond prior to maturity as provided herein shall be paid to the registered owner at the principal corporate trust office of the Paying Agent/Registrar upon presentation and surrender of this Bond for redemp- tion and payment at the principal corporate trust office of the Paying Agent/Registrar. The Issuer covenants with the registered owner of this Bond that on or before each principal payment date, interest payment date, and accrued interest payment date for this Bond it will make available to the Paying Agent/ Registrar, from the "Interest and Sinking Fund" created by the Bond Ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on the Bonds, when due IF 711E DATE for the payment of the principal of or interest on this Bond shell be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the City where the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due, THIS BOND is one of an issue of Bonds Initially dated March 15, 1994, authorized in accordance with the Constitution and laws of the State of Texas in the principal amount of $8,215,000, FOR THE PURPOSE OF THE ACQUISITION OF PROPERTY AND MAKING IMPROVEMENTS FOR PUBLIC PURPOSES IN SAID CITY, TO-WIT: STREET AND TRAFFIC CONTROL IMPROVEMENTS AND PARK IMPROVEMENTS ON FEBRUARI 15, 2004, or on any date whatsoever thereafter, the Bonds of this Series may be redeemed prior to their scheduled maturities, at the option of the Issuer, with funds derived c (r % t from any available and lawful source, as a whole, or in part, and, if in hart, the particular Bonds, or portions thereof, to be redeemed sliall be selected and designated by the Issuer (provided that a portion of a Bond may be tedeemed only in an integral multiple of S3,000), at the redemption price of the par or principal amount thereof, plus accrued Interest to the date fixed for redemption. 16 THE BONDS of this Series scheduled to mature on FEBRUARY 15, 2014 through FEBRUARY 1 S, 2019 are subject to mandatory redemption prior to their scheduled maturities, and shall be redeemed by tha Issuer, in part, prior to their scheduled maturities, with money from the Mandatory Redemption Account of the Interest and Sinking Fund, with the particular Bonds or portion thereof to be redeemed to be selected by the Paying Agent/Registru, by lot or other customary method (provided that a portion of a Bond may be redeemed only in an integral multssple of 55,000) at a redemption price equal to the par or principal amount thereof and accrued interest to the date of redemption, on the dates, and in the principal amounts, respectively, as shown in the following schedules: ty Februuv 15. 2014 Maturi Mandato edemntion Dates Principal Amounts_ February 15, 2014 $ February IS, 2015 February 15, 2016 • payable at maturity February 15, 2019 Maturity Mandatory Redemntip ales Principal Amounts February 15, 2017 $ February 13. 2018 February 15, 2019 *payable at maturity i The principal amount of the Bonds required to be redeemed on each such redemption date pursuant to the foregoing operation of the Mandatory Redemption Account shall be reduced, at the option of the Issuer, by the principal amount of any Bonds, which at least 45 days prior to the mandatory sinking fund redemption date, (1) shall have been acquired by the Issuer and delivered to the Paying Agent/Regwrar for cancellation, or (2) shall have been purchased and cancelled by the Paying Agent/Re, ' 'ru at the request of the Issuer at a price not exceeding the principal amount of such Bonds plus accrued interest to the date of purchase, or (3) have been redeemed pursuant to the optional redemption provisions set forth above and not theretofore credited against a mandatory sinking fund redemption. During any period in which ownership of the Bonds is determined by a book entry at a securities depository for the Bonds, if fewer than all of the Bonds of the same maturity and bearing the same Interest rate are to be redeemed, the particulu Bonds of such maturity and bearing such interest rate shall be selected In accordance with the arrangements between the Issuer and the securities depository. AT LEAST 30 days prior to the date fixed for any redemption of Bonds or portlons thereof prior to maturity & written notice of ouch rodemption shall be published once in a financial publication, journal, or reporter of general circulation among securities dealers in The City of New York, New York (including, but not limited to, The Bond 8 yer and The Wall Street Journal), or In the State of Texas (including, but not limited to, The Texas Bond Reporter). Such notice also shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, not less than 30 days t prior to the date fixed for any such redemption, to the registered owner of each Bond to be redeemed at its address as it appeared on the 45th day prior to such redemption dale; provided, however, that the failure to send, mail, or receive such notice, or any dcfect therein or in the sending or mailing 17 i a thereof, shall not affect the validity or effectiveness of the proceedings for the redemption of any Bond, and it is hereby specifically provided that the publication ofsuch notice as required above shall be the only notice actually required in connection with or as a prerequisite to the redemption of any Bonds or portions thereof By the date fixed for any such redemption due provision shall be made with the Paying Agent/Registrar for the payment of the required redemption price for the Bonds or portions thereof which are to be so redeemed, plus accrued interest thereon to the date fixed for redemption. If such written notice of redemption is published and if due provision for such payment Is mode, all as provided above, the Bonds or portions thereof which are to be so redeemed thereby automatically shall be treated as redeemed prior to their scheduled maturities, and they shall not bear interest after the date fixed for redemption, and they shall not be t egarded as being outstanding except for the right of the registered owner to receive the redemption price plus accrued interest from the Paying Agent/ Registrar out of the funds provided for such payment. If a portier c{ any Bond shall be redeemed a substitute Bond or Bonds having the same maturity date, bearing interest at the same rate, in any denomination or denominations in any Integral multiple of $5,000, at the written request of the registered owner, and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon the surrender thereof for cancellation, tt the expense of the Issuer, all as provided in the Bond Ordinance. THIS BOND OR ANY PORTION OR PORTIONS HEREOF IN ANY INTEGRAL MULTIPLE OF $5,000 may be assigned and shall be transferred only in the Registration Books of the Issuer kept by the Paying AgenVRegistrar acting in the capacity of registrar for the Bonds, upon the terms and conditions set forth In the Bond Ordinance. Among other requirements for such assignment and transfer, this Bond must be presented and surrendered to the Paying Agent/Registrar, together with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment of this Bond or any portion or portions hereof in any integral multiple of $5,000 to the assignee or assignees in whose name or names this Bond or any such portion or portions hereof is or are to be transferred and registered. The form of Assignment printed or endorsed on this Bond shall be executed by the registered owner or its duly authorized attorney or representative, to evidence the assignment hereof A new Bond or Bonds payable to such assignee or assignees (which then will be the new registered owner or owners of such new Bond or Bonds), or to the previous registered owner in the case of the assignment and transfer oronly a potion of this Bond, may be delivered by the Paying Agent/Registrar in conversion of and txchange for this Bond, all in the form and manner as provided in the next paragraph hereof for the conversion and e!,change of other Bonds. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for making such transfer, but the one requesting such transfer shall pay any taxes or other governmental charges required to be paid with respect thereto. The Paying AgenrRegistrar shall not be required to make transfers of registration of this Bond or any portion hereof (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or Interest payment date, or, (11) with respect to any Bond or any portion thereof called for redemption prior to maturity, within 45 days prior to its redemption dale. The registered owner of this Bond shall be deemed and treated by the i Issuer and the Plying Agent/Registrar as the absolute owner hereof for all purposes, Including A payment and discharge of liability upon this bond to the extent of such payment, and the Issuer and the Paying Agent Registrar shall not be affected by any notice to the contrary. is H U 4 ALL BONDS OF THIS SERIES are issuable solely as fully registered bonds, without interest coupons, in the denomination of any integral multiple of $5,000. As provided in the Bond Ordinance, this Bond, or any unredeemed portion hereof, may, at the request of the registered owner or the assignee or assignees hereof, be converted into and exchanged for alike aggregate principal amount of fully registered bonds, without Interest coupons, payable to the appropriate reg;r erect owner, assignee, or assignees, as the case may be, having the same maturity date, and bearing interest at the same rate, In any denomination or denominations in any integral multiple of S5,000 as requested in writing by the appropriate registered owner, assignee, or assignees, as the case may be, upon sur- render of this Bond to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the Bond Ordinance The Issuer shall pay the Paying Agent/ Registrar's standard or customary fees and charges for transferring, converting, and exchanging any Bond or any portion thereof, but the one requesting such transfer, conversion, and exchange shall pay any taxes or governmental charges required to be paid with respect thereto as a condition precedent to the exercise of such privilege of conversion and exchange. The Paying Agent/Registrar shall not be required to make any such conversion and exchange (i) during the period commencing with the close of business on Any Record Date and ending with the opening of business on the next following principal or Interest payment date, or, (ii) with respect to any Bond or portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. IN THE EVENT any Paying Agent/Registrar for the Bonds is changed by the Issuer, resigns, or otherwise ceases to act es such, the Issuer has covenanted in the Bond Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and will promptly cause written notice thereof to be mailed to the registered owners of the Bonds. IT IS HEREBY certified, recited, and covenented that this Bond has been duly and validly voted, Authorized, Issued, sold, and delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or In the Authorization, Issuance and delivery of this Bond have been performed, existed, and been done in accordance with law; that this Bond is a general obligation of the Issuer, Issued on the full faith and credit thereof; and that annual ad valorem taxes sufficient to provide for the payment of the Interest on and principal of this Bond, as such interest comes due and such principal matures, have been levied end ordered to be levied against all taxable property in the Issuer, and have been pledged Irrevocably for such payment, within the limit pre- 1 scribed by law BY BECOMING the registered owner of this Bond, the registered owner thereby acknowledges all of the terms and provisions of the Bond Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Bond Ordinance is duty recorded and available for Inspection in the official minutes and records of the governing body of the Issuer, and agrees that the terms and provisions of this Bond end the Bond Ordinance constitute a contract between each registered owner hereof end the Issuer. 19 t, IN WITNESS WHEREOF, the Issuer has caused this Bond to be signed with the manual or facsimile signature of the Mayor of the Issuer ttnd countersigned and attested with the manual or facsimile signature of the City Secretary of the Issuer, and has caused the official seal of the Issuer to be duly impressed, or placed in facsimile, on this Bond. ATTEST: CITY OF DENTON, TEXAS By: By: Jennifer Walters Jack Miller City Secretary, City of Denton, Texas Mayor, City of Denton, Texas (CITY SEAL) FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE k fo be executed if this Bond Is riot accompsnled by an executed Registration Certificate of the Comptroller of Public Accounts of the State of Texas) It Is hereby certified that this Bond has been issued under the provisions of the Bond Ordinance described in this Bond; and that this Bond has been issued in conversion of and exchange ` for or replacement of a bond, bonds, or a portion of a bond or bonds of in issue which originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of public Accounts of the State of Texas CHASE BANK OF TEXAS, NATIONAL ASSOCIATION, DALLAS, TEXAS Paying Agent/Registrar \ Dated By Authorized Representative (INSERT BOND INSURANCE LEGEND, IF ANY) i tl/~'4 i 20 k a EMI OF ASSIGNMENT: k ASSIGNMENT 1 FOR VALUE RECEIVED, the undersigned registered owner ofthis Bond, or duly Authorized representative or attorney thereof, hereby assigns this Bond to I / (Assignee's Social (print or typewrite Assignee's name and Security or Taxpayer address, including zip code) Identification Number) and hereby irrevocably constitutes and appoints attorney to transfer the registration of this Bond on the paying Ab.at/Registraes Registration Books with full power of substitution in the premises. Dated i Signature Guaranteed. NOTICE Signature(s) must be Registered Owner guaranteed by Arl eligible guarantcr NOTICE This signature must correspond institution participating in a with the name of the Registered Owner securities transfer assuciatinn appearing on the face of this Cestificate in recognized signature guarantee every particular without alteration or program enlargement or any change whatsoever. Section S. TAX LEVY A special interest and Sinking Fund (the "Interest and S'nking Fund") is hereby created solely for the benefit ofthe Bonds, and the Interest and Sinking Furd shall be established and maintained by the Issuer at an official depository bank of the Issuer. The Interest and Sinking fund shall be kept separate and apart from all other funds and accounts of the Issuer, aid shall be used only for paying the Interest on and principal of the Bonda. All ad valorem taxes levied and collected for and on account of the Bonds shall be deposited, ai collected, to the credit of the Interest and Sinking Fund During each year tvhlle any of the 7londs or interest thereon are , outstanding and unpaid, the governing body of the Issuer shall compute and ascertain a rate and amount of ad valorem tax which will be sufficient to raise and produce the money required to pay the f r;- interest on the Itonds as such interest becomes due, and to provide and maintain a sinking fund .10 adequate to pay the principal of its Bonds as such principal matures (but never less than 2% of the original principal amount of the Bonds as a sinking fund each year), including such amounts as are 21 . t c: necessary to satisfy the mandatory sinking fund schedule for we Bonds maturing February 15, 2014 and February 15, 2019 as set forth in the Form of the Initial Bond and the Form of the, Substitute Bond contained herein, which amounts shall be deposited into the Mandatory Redemption Account, with such mandatory redemption constituting payment at maturity. Said tax :hall be based on the latest approved tax roils of the Issuer, with full allowance being made for tax delinquencies and the cost of tax collection. Said rate stnd amot,at of ad valorem tax is hereby levied, And is hereby ordered to be levied, against all taxable property in the Issuer for each year white any of the Bonds or interest thereon are outstanding and unpaid; and said tax shall be assessed and collected each such year and deposited to the credit of the Aforesaid Interest anu Sinking Fund, Said ad valorem taxes sufficient to provide for the payment of the Interest on and principal of the Bonds, as such interest comes due and such principal matures, are hereby pledged for such payment, within the limit prescribed by law. Section 10. DEFEASANCE OF BONDS. (a) Any Bond and the interest thereon shall be deemed lobe paid, retired, and no longer outstanding (a "Defeased Bond") within the meaning of this Ordinance, exr;ept to the extent provided in subsection (d) of this Section 10, when payment of the principal of su;h Bond, plus Interest thereon to the due date (whether such due date be by reason of maturit), upo:, redemption, or otherwise) either (i) shall have been made or caused to be made In accordance with the terms thereof (including the giving of any required notice of redemption), or (ii) shall have been provided for on or before such due date by irrevocably depositing with or making available to the Paying Agent/Registrar for such payment (1) lawful money of the Urited States of America sufficient to make such payment or (2) Government Obligations which mature as to principal and interest in rich amounts and at such times is will Insure the r i lability, without reinvestment, of sufficient money to provide for such payment, and when props arrangements have been made by the Issuer with the Paying Agent/Registrar for the payment of its services until all Defeased Bonds shall have become due and payable. Al such time as a Bond shall be deemed to be a Defeased Bond hereunder, as aforesaid, such Bond and the Interest thereon shall no longer be secured by, payable from, or entitled to the benefits of, the ad valorem taxes herein levied and pledged as provided in this Ordinance, and such principal and interest shall be payable solely from such money or Government Obligations (b) Any moneys so deposited with the Paying Agent/Registrarmay at the writtendirection of the Issuer Also , e invested in Government Obligations, maturing in the amounts and times as hereinbefore set forth, and all income from such Government Obligations received by the Paying AgentlReg!strm which is not required for the payment orthe Bonds and interest thereon, with respect to which such money has been so deposited, shall be turned over to the Issuer, or deposited as directed in writing by the Issuer (c) The term "Government Obligations" as used in this Section shall mean direct obligations of the United States of America, including obligations the principal of and Interest on which are unconditionally guaranteed by the United States of America, which maybe United States Treasury obligations such as its State and Local Government Series, which may be In book-entry ' form. (d) Until all Defeased Bonds shall have become due and payable, the Paying Agent/Registrar shat! perform the services of Paying Agent/Registrar for such Defessed Bonds the 22 same as if they had not been defeased, and the Issu-.r shall make proper arrangements to provide and pay for such services as required by this Ordinance, Section 11. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED BONDS. (a) Replacement Bonds. In Pic event any outstanding Bond is damaged, mutilated, lost, stolen, or destroyed, the Paying Agent/Registru shall cause to be printed, executed, and delivered, a new bond of the same principal amount, maturity, and Interest rate, as the damaged, mutilated, loot, stolen, or destroyed Bond, in replacement for such bond in the manner hereinafter provided. (b) Application for Replacement Bonds. Application for replacement of damaged, mutilated, lost, stolen, or destroyed Bonds shall be made by the registered owner thereof to the Paying Agent/Registrar. In every case of loss, theft, or destruction of a Bond, the registered owner applying for a replacement bond shall furnish to the Issuer and to the Paying Agent/Registrar such security or indemrity as may be required by them to save each of them hay Hess from any toss or damage with respect thereto. Also, in every case of lose, theft, or destruction of it Bond, the register J owner shall furnish to tha issuer and the Paying Agent/Registrar evidence to their satisfaction of the loss, theft, or destruction of such Bond, as the case may be, In every case of damage or mutilation of a Bond, the registered owner shall surrender to the Paying Agent/Registrar for cancellation the Bond so damaged or mutilated. (c) No Default Occurred Notwithstanding the foregoing provisions of this Section, in i the event of any such Bond shall have matured, and no default has occurred which Is then continuing in the payment of the principal of, redemption premium, if any, or interest on the Bond, the Issuer may authorize the payment of the same (without surrender thereof except in the case of & damaged or mutilated Bond) instead of issuing a replacement Bond, provided security or indemnity is famished as above provided is this Section (d) Ch4W for Issuing Replacement Bonds. Prior to the Issuance of any replacement bond, the Paying AgfWRegisirar shall charge the registered owner of such Bond with all legal, printing, and other exl enses in connection therewith Every replacement bond issued pursuant to the provisions of this Section by virtue of the feet that any Bond is lost, stolen, or destroyed shall constitute a contractual obligation of the Issuer whether or not the lost, stolen, or destroyed Bond shall be found at any time, or be enforceable by anyone, and shell be entitled to all the benefits of this Ordinance equally and proportionately with any and all other Bonds duly issued under this Ordinance. (e) Authority for Issuing Replacement Bonds In accordance with Section 6 of Vernon's Ann Tex Civ, St. Art 717k•6, this Section of this Ordinance shall constitute authority for the issuance of Any such replacement bond without neca,ity of further action by the governing body of the Issuer or any other body or person, and the duty of the replacement of such bonds is hereby authorized and imposed upon the Paying Agent/Registrar, and the Paying Agent/Registru shall authenticate and deliver such Bonds in the form and manner and with the effect, as s rovided In a Section 6(d) of this Ordinance for Bonds Issued in conversion and exchange for other Bonds. ..4 21 p Si Section 12, COVENANTS REOARDINO TAX-EXEMPTION. The Issuer covenants to refrain from taking any action which would adversely affect, or to take ruch action to assure, the treatment of the Bonds as obligations described in section 103 of the internal Revenue Code of 1986, as amended (the "Code"), the interest on which is not includable in the "gross income" of the holder for purposes of federal income taxation. In furtherance thereof, the Issuer covenants as follows (a) to take any action to assure that r. more than 10 percent of the proceeds of the Bonds or the projects financed therewith pess amounts deposited to a reserve fund, if any) are used for any "private business use", as defined in section 14I (bx6) of the Code, or if more than 10 percent of the proceeds or the projects financed therewith are to used, such amounts, whether or not received by the Issuer, with respect to such private business use, do not, under the terms of this Ordinance or any underlying arrangement, directly or indirectly, secure or provide for the payment of more than 10 percent of the debt service on the B.mds, In contravention of section 141(b)(2) of the Code; (b) to take any action to assure that in the event that the "private business use" described in subsection (a) hereof exceeds five percent of the proceeds of the Bonds or the projects financed therewith (less amounts deposited into a reserve fund, if any) then the amount in excess of five percent Is used for & "private business use" which Is "related" and not "disproportionate", vvithin the meaning of section 141(bx3) of the Code, to the govern. nental use, (c) to take any action to assure that no amount which is greater than the lesser of $5,000,000, or five percent of the proceeds of the Bonds (less amounts deposited into a reserve fund, if any) is, directly or indirectly, used to finance loans to persons, other than stale or local governmental units, in contravention of section 14l(c) of the Code; (d) to refrain from taking any action which would otherwise result In the Bonds being treated as "private activity bonds" within the meaning of section 14I(b) of the Code; (e) to refrain from taking any action that would result In the Bonds being "federally guaranteed" within the mearing of section 149(b) of the Code; i (t) to refrain from using any portion of the proceeds of the Bonds, directly or indirectly, to acquire or to replace funds which were used, directly or Indirectly, to acquire Investmentpropeny(ssdefinedinsection 141 hX2) of the Code) which produce 1 a materially higher yield over the term of the Bonds, oil,, than Investment property acquired with - (1) proceeds of the Bonds Invested for a reasonable temporary period of 3 years or less, or in the case of a refunding bonds, for a period ef:0 days or less until such proceeds are needed for the purpose for which the Bonds are Issued, a (2) amounts invested in abor,a fide debt senice fund, within the meaning of section i. I48.1(b) of the Treasury Regulations, and I 24 r (3) amounts deposited in any reasonably required reserve or replacement fund to the extent such amounts do not exceed 10 percent of the stated principal amount (or, in the case of a discount, the issue price) of the Bonds; (g) to otherwise restrict the use of the proceeds of the Bonds or amounts treated as proceeds of the Bonds, as may be necessary, so that the Bonds do not otherwise contravene the requirements ofsection 148 of the Code (relating to arbitrage), section 149(g) of the Code (relating to hedge bonds), and, to th j extort applicable, section 149(d) of the Code (relating to advance refunding%); and (h) to pay to the United Slates of America at least once during each five-year period (beginning on the date of delivery of the Bonds) an amount that is at least equal to 90 percent ofthe "Excess Earnings", within the meaning of section 148(1) of the Code and to pay to the United States of America, not later that 60 days after the Bonds have been paid in full, 100 percent of the amount then required to be paid as a result of Excess Earnings under section 148(f) of the Code The Issuer understands that the term "proceeds" includes "disposition proceeds" as defined in the Treasury Regulations and, in the case of refunding bonds, transferred proceeds (if any) and proceeds of the refunded bonds expended prior to the date of issuance of the Bonds. It is the understanding of the Issuer that the covenants contained herein are intended to assure compliance t with the Code and any regulations or rulings promulgated by the U.S. Department of the Treasury pursuant thereto. In the event that regulations or rulings are hereafter promulgated which modify, or expand previsions of the Code, as applicable to the Bonds, the Issuer will nut be required to comply with any covenant contained herein to the extent that such modification or expansion, in the opinion of nationally-recognized bond counsel, will not adversely affect the exemption from federal income taxation of interest on the Bonds under section 103 of the Code. In the event that regulations or rulings are hereafter promulgated which impose additional requirements which are applicable to the Bonds, the Issuer agrees to comply with the additional requirements to the extent necessary and reasonably possible, in the opinion of nationally-recognized bond counsel, to preserve the exemption Gom federal income taxation of interest on the Bonds under section 103 of the Code, In furtherance of such intention, the Issuer hereby authorizes and directs the Mayor of the Issuer to execute any documents, cenificates or reports required by the Code and to make such elections, on behalf of the Issuer, which may be permitted by the Code as are consistent with the purpose for t'te Issuance of the Bonds In order to facilitate compliance with the above covenant (h), a "Rebate Fund" is hereby established by the Issuer for the colt 1 cuefit of the United States of America, and such fund shall not be subject to the claim of any other person, Including without limitation, the bondholders The Rebate Fund is established for the additional purpose of compliance with section 148 of the Code. Section 13. ALLOCATION OF, AND LIMITATION ON, EXPENDITURES FOR THE PROJECT. The Issuer covenants to account for the expenditure of sale proceeds and Investment earnings to be used for the purposes described '.t Section 1 of this Ordinance (each such purpose referred to herein and Section 14 hereof as a "Project") on its books and records by allocating 25 tf proceeds to expenditures within 18 months of the later of the date that (1) the expenditure is made, or (2) the Project is completed The foregoing notwithstanding, the Issuer shall not expend sale proceeds or investment earnings thereon more than 60 days after the later of (1) the fifth anniversary of the delivery ofthe Bonds, or (2) the date the Bonds are retired, unless the Issuer obtains an opinion of nationally-recognized bond counsel that such expenditure will not adversely affect the tax-exempt status of the Bonds. For purposes hereof, the Issuer shall not be obligated to comply with this covenant if it obtains an opinion that such failure to comply will not adversely affect the excludability for federal income tax purposes from gross Income of the interest Section 14. DISPOSITION OF PROJECT. The Issuer covenants that the property constituting the Project will not be sold or otherwise disposed in a transaction resulting in the receipt by the Issuer of cash or other compensation, unless the Issuer obtains an opinion of nationally- recognized bond counsel that such sale or other disposition will not adversely affect the tax-exempt status of the Bonds. For purposes hereof, the Issuer shall not be obligated to comply with this covenant if it obtains a legal opinion that such failure to comply will not adversely affect the excludability for federal income tax proposes from gross income of the interest. Section IS CUSTODY, APPROVAL, AND REGISTRATION OF BONDS; BOND COUNSEL'S OPINION, CUSIP NUMBERS, PREAMBLE AND INSURANCE. TheMayorofthe Issuer is hereby authorized to have control of the Wtial Bond Issued hereunder and all necessary records And proceedings pertaining to the Initial Bond pending its delivery and its investigation, I examination, and approval by the Attorney General of the State of Texas, and its registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of the Initial Bond said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate on the Initial Bond, and the seal of sail Comptroller shall be impressed, or placed in facsimile, on the Initial Bond. The Approving legal opinion of the Issuer's Bond Counsel and the assigned CUSIP numbers may, at the option of the Issuer, be p, inted on the Initial Bond or on any Bonds issued and delivered in conversion of and exchange or replacement of any Bond, but neither shall have any legal effect, and shall be solely for the convenience and information of the registered owners of the Bonds The preamble to this Ordinance is hereby adopted And made A part hereof for all purposes If insurance is obtained on any of the Bonds, the Initial Bond and all other Bonds shall bear an appropriate legend concerning insurance as -arovided by the insurer. Section 16. SALE OF INITIAL BOND. The Initial Bond is hereby sold and shall be delivered to _ , for cash for the par value thereof and accrued interest thereon to date ofdelivery, plus a cAsh premium of S . It is hereby officially found, determined, and declared that the Initial Bond has been sold at public sale to the bidder offering the lowest interest cost, after receiving sealed bids pursuant to an oM. Cial Notice of sale and Bidding Instructions and Offirial Statement dated March 9, 1999, prepared and distributed in connection with the sale of the Initial Bond Said Official Notice of Sale and Bidding Instructions and Official Statement, and any addenda, supplement, or amendment thereto have been and are ! f, hereby approved by the Issuer, and their use in the offer and We of the Bonds is hereby approved, It is further officially found, determined, and declared that the statements and representalions I zs f i contained in said Official Notice of We and Official Statement are true and correct in all material respects, to the best knowledge and belief of the City Council, I Section 17. INTEREST EARNINGS ON BOND PROCEEDS. Interest earnings derived from the;nvestment of proceeds from the sale of the Initial Bond shall be used along w;th other bond proceeds for the acquisition and construction of the improvements for which the Bonds are issued; provided that after completion of such improvements, if ary of such interest earnings remain on hand, such interest earnings shall be deposited in the Interest and Sinking Fund. It is further provided, however, tha' any interest earnings on bond proceeds which are required to be rebated to the United States of America pursuant to Section 12 hereof in order to ('event the Bonds from being arbitrage bonds shall be s3 rebated and not considered as interest earnings for the purposes of this Section. Sectionlg. DTC REGISTRATION. The Bonds htiailyshall be issued and detiveredin such manner that no physical distribution of the Bonds will be made to the public, and the Depository Trust Company ("DTC"), New York, New York, initially will act as depository for the Bonds. DTC has represented that it is a limited purpose trust company incorporated under the laws of the State of New York, a member of the Federal Reserve System, a "clearng corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered under Section 17A of the federal Securities Exchange Act of 1934, as amended, and the Issuer accepts, but in no way verifies, such representations, The Initial Bond authorized by this Ordinance shall be delivered to and registered in the name of the Purchaser. However, it is a condition of delivery and sale that the Purchaser, immediately after such delivery, shall cause the Paying Agent/Registrar, as provided for in this Ordinance, to cancel said Initial Bond and deliver in exchange therefor a substitute Bold for each maturity of such Initial Bond, with each such substitute Bond to be registered in the name of CEDE & CO , the nominee of DTC, and it shall be the duty of the Paying Agent/Registrar to take such action It is expected that DTC will hold the Bonds on behalf of the Purchaser and/or The DTC Participants, as defined and described in the Official Statement referred to and approved in Section 16 hereof (the "DTC Participants"). So long as each Bond is registered in the nameofCEDE&CO., the Paying Agentacgistrar shall treat and deal with DTC in all respects the same as if it were the actual and beneficial owner thereof It is expected that DTC will maintain abook entry system which will identify beneficial ownership of the Bonds by DTC Participants in integral amounts of $3,000, with transfers ofownershir being effec led on the records of DTC and the DTC Participants pursuant to rules and regulations established by them, mud that the substitute Bonds initially deposited with DTC shall be immobilized and not be further exchanged for substitute Bonds except as hereinafter prodded The Issuer is not responsible or liable for any functions of DTC, will not be responsible for paying any fees or charges with respect to its services, will not be responsible or liable for maintaining, supervising, or reviewing the records of DTC or the DTC Participants, or protecting any interests or rights of the ber.aficial owners of the Bonds. It shall be the duty of the Purchaser and the DTC Participants to make all arrangements with DTC to establish this book-entry system, the beneficial ownership of the Bonds, and the method of paying the fees and charges of DTC. The Issuer does m,,t represent, nor does it in any way covenant that the initial book-entry system established with DTC will be maintained in the future. The Issuer reserves the right and option at any time in the future, in its sole discretion, to terminate the DTC (CEDE & CO ) book-entry only regis• tration requirement described above, and to permit the Bonds to be registered in tr name of any owner. If the Issuer exercises its right and option to terminate such requitement, it sl• ! give%Thlen 27 i u n notice of such termination to the Paying Agent/ Registrar and to DTC, and thereafter the Paying Agent/Registrar shall, upon presentation and proper request, register any Bond in any name ►s provided for in this Ordinance. Notwithstanding the initial estabhshm it of the foregoing book-entq system with DTC, if for any reason any of the originally delivered substitute Bonds is duly filed with the Paying Agent/R4strar with proper request for transfer and substitution, as provided for in this Ordinance, substitute Bonds will be duly delivered as provided in this Ordinance, and there will be no assurance or representation that any book-entry system will be maintained for such Bonds. Section 19. CONTINUING DISCLOSURE. (a) Annual Reports. (i) The Issuer shall provide annually to each NRMSIR and any SID, within six months after the end of each fiscal year ending in or after 1999, financial information and operating data with respect to the Issuer of the general type included in the final Official Statement authorized by Section 16 of this Ordinance, being the information described in Exhibit A hereto, which Exhibit is attached to and incorporated in trtis Ordinance as if written word for word herein. Any financial statements so to be provided shall be (1) prepared in accordance with the accounting principles described in Exhibit A hereto, or such other accounting principles as the Issuer may be required to employ from time to time pursuant to state law or regulation, and (2) audited, if the Issuer commissions an audit of such statements and the audit is comple,ed within the period during which they must be provided If the audit of such financial statements is not complete within such period, then the Issuer shall provide unaudited financial statements by the required time and will provide audited financial statements for the applicable fiscal year to each NRMSIR and any SID, when and if the audit report on such statements become i available, (ii) If the Issuer changes its fiscal year it will notify each NRMSIR and any SID of the change (and of the date of the new fiscal yerr end) prior to the next date by which the Issuer otherwise would be required to provide financial information and operating data pursuant to this Section The financial information and operating data to be provided pursuant to this Section may be set forth in full in cne or more documents or ma- be included by specific reference to any document (including an official statement or other of ering document, if it is available from the MSRB) that theretofore has been provided to each NRMSIR and any SIP or filed with the SEC, (b) Material Event Notices. The Issuer shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any of the following events with respect to the Bonds, if such event is material within the meaning of the federal securities laws: I. Principal and interest payment delinquencies; 2 Non-payment related defaults; 3, Unscheduled draws on debt service reserves reflecting financial difficulties; 4 Unscheduled draws on credit enhancements reflecting financial difficulties; 1 / S. Substitution of credit or liquidity providers, or their failure to perform; 28 x. b. Adverse tax opinions or events affecting the tax-exempt status ofthe Bonds; 7. Modifications to rights of holders of the Bonds; g. Bond calls; 9. Defeasa ±ces; 10, Release : ubstitution, or sale of propel ty securing repayment of the Bonds; and 11, Rating cLric-c.. The Issuer shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any failure by the Issuer to provide financial information or of erating data in accordance with subsection (a) of this Section by the time required by such subsection. (c) Limitations Disclaimers and Amendments (i) The Issuer shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the Issuer remains an "obligated person" with respect to the Bonds within the meaning of the Rule, except that the Issuer in any event will give the notice required by Subsection (b) hereof of any Bond calls and defeasance that cause the Issuer to no longer be such an "obligated person". (i) The provisions of this Section are for the tole benefit of the registered owners and beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person The Issuer ; undertakes to provide only the financial information, operating data, financial statements, and notices 1 µhich it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the Issuer's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The Issuer does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Bonds at any future date. (iii) UNMER NO CIRCUMSTANCES SHALL THE 1SSUEP,, ITS OFFICERS, AGENTS AND EMPLOYEES, BE LIABLE TO THE REGISTERED OWNER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, iN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE ISSUER, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REN'?DY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR Ok ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE, r~ (iv) No default by the Issuer in observing or performing its obligations under this Sectio r shall comprise a breach of or default under the Ordinance for purpos a of any other provision of thi ; 20 t. s. Ordinance. Nothing in this Section is intended or shill act to discia* waive, or otherwise limit the dur;;s of the Issuer under federal and state securities laws. (v) The provisions of this Section may be amended by the Issuer from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the Issu,-r, but only if (1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Bonds in the i primary offering of the Bonds in compliance with the Rule, taking into account any amendments or I interpretations of the Rule since such offering as well as such changed circumstances and (2) either (a) the registered owners of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the outstanding Bonds consent to such amendment or (b) a person that is unaffiliated with the Issuer (such as nationally recognized bond counsel) determined that such amendment will not materially impair the interest of the registered owners and beneficial owners of the Bonds If the Issuer so amends the provisions of this Section, it shall include with any amended financial information or operating data next provided in accordance with subsection (a) of this Section an explanation, in narrative form, of the reason for the amendment and of the impact of any change in the type of financial information or operating data so prodded, The Issuer may also amend or repeal the provisions of this continuing disclosure agreement if the SEC amends or repeals tie applicable provision of the Rule or a court of final jurisdiction enters judgment that such provisions of the Rule are invalid, but only if and to the extent that the provisions ofthis sentence would not prevent an underwriter from lawfully purchasing or selling Bonds in the primary offering of the Bonds. (d) Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below, "NISRB" means the Municipal Securities Rulemaking Board. "NRMSIR" means each person whom the SEC or its staff has determined to be a nationally recognized municipal securities information repository within the meaning of the Rule from time to time "Rule" means SEC Rule I Sc2-12, as amended from time to time "SEC" means the United States Securities and Exchange Commission. "SID" means any person designated by the State of Texas or an authorized department, officer, or agency thereof as, and determined by the SEC or its staff to be, a state irformation depository within the meaning of the Rule from time to time Section 20 17URTHER PROCEDURES. The Mayor of the Issue., the City Secretary of the Issuer, and all other officers, employees, and agents of the Issuer, and each of them, shall be and they l are hereby expressly authorized, empowered, and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge, and deliver in the name and under the corporate seal and on behalf of the Issuer all such in itruments, whether or not herein mentioned, 30 4 h t as may be necpp¢¢sa,ry or desirable ~ order to carry out the terms and provisions of this Bond Ordinance, the 9,6 24, t#ie sale of the Blonds, and the Notice of Sale and Official Statement; ar d the Assistant City ManagerjF'inanu qh a City shah cause the expens:s of issuance of the Bottds to be paid from the pr'ocelds of sale of s Initial Bond or from any other lawfully available funds of the Issuer, In case any officef w se signature shall appear on any Bond shall cease to be such officer before the deU b~ aut h ~ond, ouch signature shall nevertheless be valid and sufficient for all purposes the same is if itich okter had reauined in office until such delivery. Section 21, d°P.N WETINGS. The City Council has found and determined that the m&ling it which this Ordinance is considered is open to the public and that notice thereof vas given in accordance with Q provisions D( the Texas Open Meetings, Law, Tex. Gov't. Code, Chapter SS 1, as amended. Section 22. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its passage and appto'vai. At e r tr ~ t, V PASSED AND APPROVED this the 23rd, day of March, 1999, Jack Hitler, Mayor ATTEST: i lennifer Walters, City Secretary By: APPROVED AS TO LEGAL FORM: Herbert L. Prouty, City Anomey By' a i 32 t• M FAHM" DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following information is referred to in Section 19 of this Ordinance: Annual Financial Statements and Operating Data The financial information e0 operating data with respect to the Issuer to be provided annually in accordance with such Section are as specified (and included in the Appendix or under the tables of the Offird Statement referred to) below: Tables numbered I through 14, inclusive, under the captions "Tax Information", "Debt Service Requirements" and "Financial Information" in the Official Statement. Appendix B in the Official Statement. Accounting Principles The accounting principles referred to in such Section are the accounting principles described in the notes to the financial statements referred to in the paragraph above. i i 33 t AGENDA INFOILMATION SHEET l AGENDA DATE: March 23,1999 DEPARTMENT: Fiscal Operations ACM: Kathy DuBose Fiscal and Municipal Seri-ices IV { SLIB,1ECT Receive and open bids regarding City of Denton Certificates of Obligation, Series 1949. BACKGROUND On March 23, 1999, David Medanich, First Southwest Company, and Ted Brizzotara III, McCall, Parkhurst, and Horton, will deliver and open bids for City of Denton Certificates of Obligation, Series 1999, The City Charter requires sealed bids be publicly opened and tabulated before the City Council. The bonds will provids funding of 56,935,000 for an airport fuel facility ($175,000), communication upgrade ($440,000), central fire station remodelin3 ($815,000), fire equipment ($1,500,000), early warning sirens ($230,000), fleet maintenance and fuel facilities ($2,635,000), solid waste equipment ($1,000,000), and costs for issuance of the bonds. The projects were previously approved in the 1998-2003 Capital Improvement Program. PRIOR ACTIONIREVIEH' (Council, Boa: is, Commissions) On February 2, 1999, the City Council approved ordinance 99.036 directing the publication of Notice of Intention to Issue City of Denton Certificates of Obligation, Series 1999, and directing the issuance and publication of Notice of Sale of said bonds. It also provided for an effcct've date. FISCAL. INFO NATION The certificates of Obligation, Series 1999, will require an average annual debt service payment of approximately 5516,000. Respectfully submitted, t Diana U. Ortiz Director of Fiscal Operations i APO ' D1h ~ - AGENDA INFORMATION SHEET AGENDA DATE: March 23,1999 DEPARTMENT: Fiscal Operations ACM: Kathy DuBose Fiscal and Mnolclpal Services SUBJECT Consider adoption of an ordinance authorizing the issuance, sale, and delivery of City of Denton Certificates of Obligation, Series 1999, and approving and authorizing instruments and procedures relating thereto; and providing an effective date. BACKGROUND On March 23, 1999, David Medanich, First Southwest Company, and Ted Brizzolara 111, McCall, Parkhurst, and Horton, will deliver and open bids for City of Denton Certificates of Obligation, Series 1999. The City Charter requires scaled bids be publicly opened and tabuiaW before the City Council. The bonds will provide funding of $6,935,000 for an airport fuel facility (5175,000), communication upgrade ($440,000), central fire station remodeling (5875,000), fire i equipment ($1,500,000), early warning sirens (5250,000), fleet maintenance and NO facilities ($2,635,000), solid waste equipment ($1,000,000), and costs for issuance of the jl bonds, The projects were previously approved in the 1998-2003 Capital Improvement Program. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On February 2, 1999, the City Council approved ordinance 99-036 directing the publication of Notice of Intention to iss,o City of Denton certificates of Obligation, Series 1999, and directing the issuance and publication of Notice of Sale of said bonds. It also provided for an effective date. FISCAL INFORMATION The Certificates of Obligation, Series 1999, vill require an average annual debt service payment of approximately $516,000, Respectfully submirted: Diana 0. Ortiz Director of Fiscal Operations t ai I 11 t I e ORDINANCE NO. 99- ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON CERTIFICATES OF OBLIGATION, SERIES 1999, AND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO, AND PROVIDING AN EFFECTrirE DATE THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON WHEREAS, the Certificate of Obligation Act of 1911, as amended and codified (the "Acs") permits the City to issue and sell for cash the Certificates of Obligation hereinafter authorized, and W'HEREA'S, the City has duly caused notice of its intention to issue the Certificates of Obligation hereinafter authorized to be published at the times and in the manner required by the Act and no petition has been filed protesting the issuance thereof, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Section 1. XMOUNT AND PURPOSE OF THE CERTIFICATES. The certificate or certificates of the City of Denton, Texas (the "Issuer") are hereby authorized to be issued and delivered in the aggregate principal amount of $6,935,000, fo, the purpose of paying all or a portion of the City's Coid-actual Obligations incutsed pursuant to contracts for the purchase of certain t.-al and personal property, to-wit (a) fuel facilities at the City's airport, (b) upgrades to the , ity's communication system, (c) renovation to fire stations and acquisition of fire equipment, (d) fuel and maintenance facilities for the City's vehicl s and (e) various equipment for the City's landfill, and also for the purpose of paying all or a portion of the City's Contractual Obligations for professional services of Engineering, Attorneys, and Financial Advisors in connection with the above contracts and said Certificates of O'u'.gation. l Section 2 DESIGNATION OF THE CERTIFICATES. Each certificate issued pursuant to this Ordinance shall be designated "CITY OF DENTON CERTIFICATE OF OBLIGATION, SERIES 1999", and initially there shall be issued, sold, and delivered hereunder a single fully registered certificate, without interest coupons, payable in installments of principal (the "Initial Certificate"), but the Initial Cenificate may be assigned and transferred and/or converted into and exchanged for a like aggregate principal amount of fully registeri,l eertifcates, without interest coupons, having serial maturities, and in the denomination or denominations of $5,000 or any integral multiple of $5,000, all in the manner hereinafter provided. The term "Certificates" as used in this Ordinance shall mean and include collectively the Initial Certificate and all substitute certificates ex- changed therefor, as well as all other substitute certificates and replacement certificates issued pursuant hereto, and the term "Certificates" shall mean any of the Certificates. (J 9 t Ci C? 1 I Section 3. INITIAL DATE, DENOMINATION, NUMBER, MATURITa. t INITIAL REGISTERED OWNER, AND CHARACTERISTICS OF THE INITIAL CERTMC c. (a) The Initial Certificate is hereby authorized to be issued, sold, and delivered hereunder as a single fully registered Certificate, without interest coupons, dated March 15, 1999, in the denornhimion and aggregate principal amount of $6,935,000, numbered R•1, payable H annual installments of principal to the initial registered owner thereof, to-wit: or to the registered a Wgnee or assignees of said Certificate or any portion or portions thereof (n each case, the "registered owner"), with the annual instalments of principal of the Initial Certificate to be payable on the dates, respectively, and in the pr nmApal amounts, respectively, stated in the FORDS OF INITIAL. C'cRTIFICATE set forth in this Ordinance. (b) The Initial Certificate (i) may be assigned and transferred, (ii) may be converted and exchanged for other Certificates, (iii) shall have the characteristics, and (iv) shall be signed and sealed, and the principal of and interest on :he Initial Certificate shalt be payable, all as provided, and in the manner required or indicated, in the FORM OF INITIAL CERTIFICATE set forth in this Ordinance, Section 4. INTEREST. The unpaid princtprl balance of the Initial Certificate shall bear interest from the date oftbe lnitial Certificate to the respective scheduled due dates ofthe installments of principal of the Initial Certificate, and said interest shall be payable, all in the manner provided and at the rates and on the dates stated in the FORM OF INITIAL, CERTIFICATE set forth in this Ordinance, Sections. FORM OF INITIAL CERTIFICATE TheformoftheInitialCertificate, Including the form of Registration Certificate of the Comptroller of Public Accounts of the State of Texas to ' be endorsed on the Initial Certificate, shall be substantially as follows: 3 1 I t' FORM M INITIAL CERTIFICATE NO. R-1 $6,935,000 UNITED STATES OF AMERICA S~'ATE OF TEXAS C6~INTY OF DENTON CITY OF DENTON CERTIFICATE OF OBLIGATION SERIES 1999 THE CITY OF DENTON, In Denton County, Texas (the "Issuer"), being a political subdivision of the State of Texas, hereby promises to pay to or to the registered assigtee or assignees of this Certificate or any portion or portions hereof (in each case, the "registered owner") the aggregate principal amount of $6,935,000 (SIX MILLION NINE HUNDRED THIRTY FIVE THOUSAND DOLLARS) in annual installments of principal due and payable on February 15 in each of the years, and in the I respective principal amounts, as set forth in the following schedule PRINCiPAL PRINCIPAL YEAR AMOUNT YEAR AMOUNT 2000 500,000 2010 295,000 2001 500,000 2011 295,000 2002 500,000 2012 295,000 2003 500,000 2013 195,000 2004 500,000 2014 295,000 2005 300,000 2015 295,000 2006 300,000 2016 295,000 2007 295,000 2017 295,000 2008 295,000 2018 195,000 2009 295,000 2019 195,000 and to pay interest, calculated on the basis of a 360-day year composed of twelve 30-day months, from the date of this Certificate hereinafter stated, on the balance of each such installment of principal, respectively, from time to time remaining unpaid, at the rates as follows per annum on the above installment due in 2000 / f ° per annum on the above installment due in 2001 per annum on the above installment due in 2002 per annum on the above installment due in 2003 per annum on the above installment due in 2004 4 i per annum on the above installment due in 2005 _°/a per annum on the above Installment due in 2006 _O/o annum on the above installment due in 2007 per annum on the above installment due in 2008 _°/a per annum on the above installment due in 2009 °/a per annum on the above installment due in 2010 per annum on the above instalment due in 2011 per annum on the above Installment due in 2012 per annum on the above installment due in 2013 per annum on the above installment due in 2014 °i° per annum on the above installment due in 2015 % per annum on the above installment due in 2016 °io per annum on the above installment due in 2017 °io per annum on the above installment due in 2018 per annum on the above installment due in 2019 tvith said interest being first due and payable on February 15, 2000, and semiannually on each August 15 and Fcbn,ary 151hereafler while this Certificate or any portion hereof is outstanding and unpaid THE INSTALLMENTS OF PRINCIPAL OF AND THE INTEREST ON this Certificate art payable in lawful money of the United States of,'.merica, without exchange or collection charges The installments of principal and the interest on this Certificate are payable to the registered owner hereof through the services of CHASE SANK OF TEXAS, NATIONAL ASSOCIATION, DALLAS, TEXAS, which is the "Paying Agent/Registrar" for this Cenificate. Payment of all proci- pal of and interest on this Certificate shall be made by the Paying Agen+/Registrar to the registered owner hereof on each principal andror interest payment date by check dated as of such date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the lrsuer required by the ordinance authorizing the issuance of this Certificate (the 'Certificate Ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check shall be sent by the Paying Agent/Registrar by United States mail, first-class postage i)repaid, on each such principal and/or interest payment date, to the registered owner heteof at the address oftheregistered owner, as it appeared at the close of business on the last day of the month next preceding each such date (the "Record Date") on the Registration Books kopt by the Payin3 Agent/Registrar, es hereinafter described The Issuer covenants with the registered owner of this Certificate that on or befc -ach principal and/or interest payment date for this Certificate it will make available to the Payi .Agent/Registrar, from the "interest and Sinking Fund" created by the Certificate Ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on this Cenificate, when due i IF THE DATE for the payment of the principal of or interest on this Certificate shall be a i Saturday, Sunday, alegal holiday, ora day on wl tchbanking institutions in the City where the Paying Agent/Registrar is located are authorized by law or executive order to close, then the data for such pt.) ment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions Ara authorized to close; and payment on such date shall have the same force and effect as if made on the ririginal date payment was due 5 I i THIS CERTIFICATE has been authorized In accordance with the Constitution and laws of the State of Texas in the principal smount of $6,935,000 for the purpose of paying all or a portion of the City's Contractual Obligations incurred pursuant to contracts for the purchase of certain real and personal property, to-wit: (a) fuel facilities at the City's airport, (b) upgrades to the City s communication system, (c) renovation to Are stations and acquisition of fire equipment, (d) fuel and maintenance facilities for the City's vehicles and (e) various equipment for the City s landfill, and also for the purpose of paying all or a portion of the City's Contractual Obligations for professional services of Engineering, Attorneys, and Financial Advisors in connection with the above contracts and said Certitaies of Obligation. ON FEBRUARY 15, 2009, or on any date whatsoever theraRer, the unpaid Installments of principal of this Certificate of Obligatior -my be prepaid or redeemed prior to 0,eir scheduled due dates, at the option of the Issuer, with funds derived t}om any available source, as a whole, or in part, and, if in part, the particular portion of this Certificate of Obligation to be prepaid or redeemed shall be selected and designated by the Issuer (provideu that a portion of this Certificate of Obligation may be redeemed only in an integral multiple or55,000), at the prepayment or redemption price of the par or principal amount thereof, plus accrued interest to the date fixed for prepayment or redemption. THE PRINCIPAL INSTALLMENTS OF THE CERTIFICATES of this Series scheduled to mature on FEBRUARY 15, 2014 through FEBRUARY 15, 2019 are subject to mandatory redemption prior to their scheduled maturities, and shall be redeemed by the Issuer, In part, prior to their scheduled maturities, with money from the Mandatory Redemption Account of the Interest and Sinking Fund, with the particular Certificates or portion thereof to be redeemed to be selected by the Paying Agent/Registrar, by lot or other customary method (provided that a portion of & Catificate may be redeemed orq in an integral multiple of $5,000) at a redemption price equal to the par or principal amount thereof and accrued interest to the date of redemption, on the dates, and In the principal amounts, respectively, as shown in the following schedules, February 15, 2014 Maturity Mandatory Redemption Dates Principal Amounts February 13, 2014 $ February 15, 2015 February 15, 2016 payable it maturity February 13. 2019 Maturity Mandatory Redemption Date P ncinal Amounts February 15, 2017 s February IS, 2018 February 15, 2019 *payable at maturity The principal amount of the Certificates required to be redeemed on each such redemption date ; pursuant to the foregoing operation of the Mandatory Redemption Account shall be reduced, at the option of the Issuer, by the principal amount of any Certificates, which at least 45 days prior to the mandatory sinking fund redemption date, (1) shall have been acquired by the Issuer and delivered to the Paying Agent/Registru for cancellation, or (2) shall have bean purchased and cancelled by the 6 t Paying Agent/Registrar at the request of the Issuer at a price not exceeding the principal amount of such Certificates plus accrued interest to the date orpurchase, or (3) have been redeemed pursuant to the optional redemption provisions set forth above and not theretofore credited against a mandatory sinking fund redemption During any period in which ownership of the Certificates is determined by a book entry at a securities depository for the Certificates, if fewer than all of the Certificates of the same maturity and bearing the same interest rate are to be redeemed, the particular Certificates of such maturity and bearing such interest rate shall be selected in accordance with the arrangements between the Issuer and the securities depository. AT LEAST 30 days prior to the dote fixed for any such prepayment or redemption a written notice of such prepayment or redemption shall be mailed by the Paying Agent/Registrar to the registered owner hereof By the date fixed for any such prepayment or redemption due provision shall be made by the Issuer with the Paying Agent/Registrar for the payment of the required prepay. ment or redemption price for this Certificate or the portion hereof which is to be so prepaid or re- deemed, plus accrued interest thereon to the date fixed for prepayment or redemption. If such written notice of prepayment or redemption is given, and if due provision for such payment is made, all as provided above, this Certificate, or the portion thereof which is to be so prepaid or redeemed, thereby automatically shall be treated as prepaid or redeemed prior to its scheduled due date, and shall not bear interest after the date fixed for its prepayment or redemption, and shall not be regarded as being outstanding except for the right of the registered owner to receive the prepayment or redemption price plus accrued interest to the date fixed for prepayment or redemption from the Paying ` Agent/Registrar out of the funds provided for such payment The PayingAgent/Registrar shall record in the Registration Books all such prepayments or redemptions of principal of this Certificate or any portion hereof THIS CERTIFICATE, to the extent of the unpaid principal balance hereof, or any unpaid portion hereof in any integral multiple of S5,000, may be assigned by the initial registered owner hereof and shall be transferred only in the Registration Books of the Issuer kept by the Paying Agent/Re}stray acting in the capacity of registrar for the Certificates, upon the terms and conditions set forth in the Certificate Ordinance Among other requirements for such transfer, this Certificate must be presented and surrendered to the Paying Agent/Registrar for cancellation, together with proper instruments ofassignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignmeut by the initial registered owner of this Certificate, or any portion or portions hereof in any integral multiple of $3,000, to the assignee or assignees in whose name or names this Certificate or any such portion or portions hereof is or are to be transferred and registered Any instrument or instwments of Assignment satisfactory to the Paying Agent/Registrar maybe used to evidence the a+signment of this Certificate or any such portion or portions hereof by the initial registered owner hereof. A new certificate or certificates payable to such assignee or assignees (which then will be the new registered owner or owners of such new Certificate or Certificates) or to the initial registered owner as to any portion of this Certificate wFL:h is not being i assigoed and transferred by She initial registered owner, shall be delivered by the Paying Agent/Regis- tray in conversion of and exchange for this Certificate or any portion or portions hereof, but solely in the form and manner as provided in the next parigraph hereof for the conversion and exchange of this Certificate or any portion hereof The registered owner of this Certificate shall bedeemed and treated by the Issuer and the Paying Agent/Registrar as the absolute owner hereof for all purposes, a ti. including payment and discharge of liability upon this Certificate to the extent of such payment, and the lssu:r and the Paying Agent/Registrar shall not be affected by any notice to the contrary. AS PROVIDED above and in the Certificate Ordinance, this Certificate, to the e, tent of the unpaid principal balance hereof, maybe converted into and exchanged for a like aggregate principal amount of fully registered certificates, without interest coupons, payable to the assignee or assignees duly designated in writing by the initial registered owner hereof, or to the initial registered owner as to any portion of this Certificate which is not being assigned and transferred by the initial registered owner, in any denomination or denominations in any integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitute certificate issued in exchange for any portion of this Certificate shall have a single stated principal maturity date), upon surrender of this Cenificate to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the Certificate Ordinance IMsCenificateoranypanionhereof isassigned andtransferred or converted each certificate issued in exchange for any portion hereof shall have a single stated principal malurity date corresponding to the due date of the instaltment of principal of this Certificate or portion hereof for which the substitute certificate is being exchanged, and shall bear interest at the rate applicable to and borne by such installment of principal or portion thereof. No such certificate shall be payable In installments, but shali have only one stated principal maturity date. AS PROVIDED IN THE CERTIFICATE ORDINANCE, THIS CERTIFICATE IN ITS PRESENT FORA1 MAY BE ASSIGNED AND TRANSFERRED OR CONVERTED ONCE ONLY, and to one or more assignees, but the certificates issued and delivered in exchange for this Certificate or any portion hereof may be assigned and transferred, and convened, subsequently, as provided in the Certificate Ordinance The Issuer shall pay the Paying Agent/Registraes standard or customary fees and charges for transferring, converting, and exchanging this Cert;ficale or any portion thereof, but the one requesting such transfer, conversion, and exchange shall pay any taxes or governmental charges required to be paid with respect thereto The Paying Agent/Registrar shall not be required to make any such assignment, conversion, or exchange during the period commencing with the close of business on any Record Date and ending with the opening of business on the next follow;ng principal or interest payment date. IN THE EVENT any Paying Agent/Registrar for this Certificate is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Certificate Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and promptly will cause written notice thereof to be mailed to the registered owner of this Certificate. IT IS HEREBY certified, recited, and covenanted that this Certificate has been duly and validly authorized, issued, and delivered; that alt acts, conditions, and things required or proper Lobe performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this Cenificate have been performed, existed, and been done in accordance with law; that this Certificate is a general obligation of the Issuer, issued on the full faith and credit thereof; and that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Certificate, A as such interest comes due and such principal matures, have been levied and ordered to be levied 1 against all taxable property in the Issuer, and have been pledged Irrevocably for such payment, within the limit prescribed by law; and that, together with other parity obligations, this Certificate additionally is payable from and secured by certain surplus revenues (not to exceed $10,000 in a t~ r III p aggregate amount) derived by the Issuer from the ownership and operation of the City's Utility System (consisting of the City's combined waterworks systert% sanitary sewer system, and electric light and power system), all as provided in the Certificate Ordinance. THE ISSUER has reserved the right to issue, in accordance with law, and in accordance with the Certificate Ordinance, other and additional obligations, and to enter into contracts, payable from ad valorem taxes and/or revenues of the City's Utility System, on a parity with, or with respect to said revenues, superior in lien to, this Certificate. BY BECOMING the registered owner of this Certificate, the registered owner thereby acknowledges all of the terms and provisions of the Certificate Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Certificate Ordinance is duly rtcorded and available for inspection in the official minutes and records of the governing body of the Issuer, and agrees that the terms and provisions of this Certificate and the Certificate Ordinance constitute a contract between the registered owner hereof and the Issuer. IN WITNESS WHEREOF, the issuer has caused this Certificate to be signed wits the manual signature of the Mayor of the Issuer mid countersigned and attested with the manual signature of the City Secretary of the Issuer, has caused the official seal of the issuer to be duly impressed on this Certificate, and has caused this Certificate to be dated March IS, 1999. ATTEST: CITY OF DEMON, TEXAS By By: Jennifer Waiters Jack Miller City Secretary, City of Denton, Texas Mayor, City of Denton, Texas (CITY SEAL) (INSERT BOND INSURANCE LEGEND, IF ANY) i 9 F FORM OF REGISTRATION CERTIF ATE FI 3 COMPTROLLER OF PUBLIC ACCOUNTS: COMPTROLLER'S REGISTRATION CERTIFIt:ATE: REGISTERNO I hereby certify tharnis Certificate has been examined, certified as to validity, and approved by the Attorney General o jshe State of Texas, and het this Certificate has been registered by the Comptroller of Public Accounts of the State of Texas. Witness my signature and seal this Comptr Jar of Public Accounts of the State of Texas (COMPTROLLER'S SEAL) Section 6. ADDITIONAL CHARACTERISTICS OF THE CERI IFICATES. Re2i trg ation and Transfe (a) The Issuer shall keep or cause to be kept at the principal corporate trust office of CHASE BANK OF TEXAS, NATIONAL ASSOCIATION, DALLAS, TEXAS (the "Paying Agent/Registrar") books or records of the registration and transfer of the Certificates (the "Registration Books"), and the issuer hereby appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such books or record and make such transfers and registrations under such rasonable regulations as the Issuer and Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such transfers and registrations as herein provided, The Paying Agent/Registrar shall obtain and record in the Registration Books the address of the registered owner of each Certificate to which payments with respect to the Certificates shall be mailed, as herein provided, but it shall be the duty of each registered owner to notify the Paying AgentlRegistrar in writing of the address to which payments shall be mailed, and such interest payments shall not be mailed unless such notice has been given. The Issuer shall have the right to inspect the Registration Books during regular business hours of the Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the Registration Books confidential and, unless otherwise required bylaw, shall not permit their inspection by any other entity, Registration of each Certificate may be 1 transferred in the Rtaastration Booksonly upon presentation and surrender ofsuch Certificate to the Paying Agent/Reg;strar for transfer of registration and cancellation, together with proper written instruments of assignment, in fort" and with guarantee of signatures satisfactory to the Paying AgentlRevs;r_r, (i) evidenci.ig the assignment of the Certificate, or any portion thereof in any integral multiple of $5,000, to the as.~enee or assignees thereof, and (ii) the right of such assignee or assignees to have the Certificate or any such portion thereof registered In the name of such assignee or assignees Upon the assignment and transfer of any Certificate or any portion thereof, a new substitute Certificate or Certificates shall be issued in conversion and exchange therefor in the manner herein provided. The lnit',t Certificate, to the extent of the unpaid principal balance tbersof, maybe assigned and transferred by the initial registered owner thereof once only, and to one or more l assignees designated in writing by the initial registered ow: er thereof. All Certificates issued and de• livered in conversion of and exchange for the initial Catificate shall be in any denomination or denominations of any integral multiple of $5,000 (subject to the requirement hereinafter slated that to I t , each substitute Certificate shall have a single stated principal maturity date), shall be in the form prescribed in the FORM OF SUBSTITUTE CERTIFICATE set forth in this Ordinance, and shall have the characteristics, and maybe assigned, transferred, and converted as hereinafter provided, If the Initial Certificate or any portion thereof is assigned and transferred or converted the Initial Certificate must be surrendered to the Paying Agent/Registrar for cancellation, and each Certificate issued in exchange for any portion of the Initial Certificate shall have a single stated principal maturity date, and shall not be payable in installments; and each such Certificate shall have a principal maturity d de corresponding to the due date of the installment of principal or portion thereof for which the substitute Certificate is being exchanged; an It ;h such Certificate shall bear interest at the single gate applicable to and borne by such installment o ,'principal or portion thereof for which it is being ex- changed If only a portion of the Initial Certificate is Assigned ard transferred, there shall be delivered to and registered in the name of the initial registered owner substitute Certificates in exchange for the una.signed balance of the Initial Certificate in the same manner as if the initial registered owner were the assignee thereof. If any Certificate or portion thereof other than the ]niti&I Certificate is assigned and transferred or converted each Certificate issued in exchange therefor shall have the same principal maturity date and bear interest at the same rate as the Certificate for which it is exchanged. A form orassignment shall be printed or endorsed on each Certificate, excepting the Initial Certificate, which shall be executed by the registered owner or its duly authorized attorney or . epresentative to evidence an assignment thereof Upon surrender of any Certificates or any portion or portions thereof for transfer or registration, an authorized representative of the Paying Agent/Registrar shall make such transfer in the Registro6on Books, and shall deliver a new fully registered substitute Certificate or Certificates, having the characteristics herein described, payable to such assignee or assignees (which then will be the registered owner or owners of such new Certificate or Certificates), or to the prv,ioas registered owner in case only a ponionof aCertificate is being assigned and transferred, all in conversion of and exchange for said assigned Certificateor Certificates or any portionor portions thereof, in the same form and manner, and with the same effect, as provided in Section 6(d), below, , for the conversion and exchange of Certificates by any registered owner of a Certificate The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for making such transfer and delivery or a substitute Certificate or Certificates, but the one requesting such transfer shall pay any taxes or other governmental charges required to be paid with respect thereto. The Paying Agent/Registrar shall not be required to make transfers of registration of any Certificate or any portion thereof during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date (b) Qwnership of Certificatfj. The entity in whose name any Certificate shall be registered in the Registration Books at any time shall be deemed and treated as the absolute owner thereof for all purposes Vthis Ordinance, whether or not such Certificate shall be overdue, and the Issuer and the Paying %aent/Registrar shall not be affected by any notice to the contrary; and payment of, or on account oi,, the principal of, premium, if any, and interest on any such Certificate shall be nude only to such registered owner. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Certificate to the extent of the sum or sums so paid c ,c) Payment of Certificates and Interest. The Issuer hereby further appoints the Paying Age;.v Registrar to act as the paying agent for paying the principal of and interest on the Certifi ates, and to act as its agent to convert and exchange or replace Certificates, all as provided in this tt i i Ordinance The Paying Agent/Registrar shall keep proper records of all payments made by the Issuer and the Paying Agent/Registrar with respect to the Cenifcates, and of all conversions and exchanges of Certificates, and all replacements of Certificates, as provided in this Ordinance However, in the event or a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new :."cord date for such interest payment (a "Special .1ecord Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the Issuer, Notice of the Special Record Date and of the scheduled payment date of the past due interest ("Special Payment Date", which shall be fifteen(] S) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first class postage prepaid, to the address of each Holder of a Certificate appearing on the registration books of the Paying Agent/Registrar at the close of business on the i 5th business day next preceding the date of mailing of such notice (d) Conversion and Exchanize or R idcement: Authentication. Each Cettifrc-dte issued and delivered pursuant to this Ordinance, to the extent of the unpaid principal balance or principal amount thereof, may, upon surrender of such Certificate at the principal corporate trust office of the Paying Agent/Registrar, together with a written request therefor duly executed by the registered owner or the assignee or assignees thereof, or its or their duly authorized attcrneys or representatives, with guarantee of signatures satisfactory to the Paying Agent/Registrar, may, at the option of the regis- tered owner or such assignee or assignees, as appropriate, be converted into and exchanged for fully registered certificates, without interest coupons, in the form prescribed in the FORSI OF SUBSTITUTE CERTIFICATE set forth in this Ordinance, in the denomination of $5,000, or any integral multiple of $5,000 (subject to the reluirement hereinafter stated that each substitute Certificate shall have a single stated maturity date), as requested in writing by such registered owner or such assignee or assignees, in an aggregate principal amount equal to the unpaid principal balance or principal amount of any Certificate or Certificates so surrendered, and payable to the appropriate re,"istered owner, assignee, or assignees, as the case maybe. If the Initial Certificate is assigned and troisferred or converted each substitute Certificate issued in exchange for any portion ofthe Initial Certificate shall have a single stated principal maturity date, and shall not be payable in installments; and each such Certificate shall have a principal maturity date corresponding to the due date of the installment of principal or,2artion thereof for which the substitute Certificate Is being exchanged; and each such Certificate shall bear interest at the single rate applicable to and borne by such installment of principal or portion thereof for which it is being exchanged. If any Certificate or portion thereof (other than the Initial Certificate) is assigned and transferred or convened, each Cenificate Issued in exchange therefor shall have the same principal maturity date and bear interest at the same rate as the Certificate for which it is being exchanged. Each substitute Certificate shall bear r letter and/or number to distinguish it from each other Certificate The Paying Agent/Registrar shall convert and exchange or reilace Certificates as provided herein, and each fl lly registered certificate delivered in com ersion of and exchan v for or replacement of any Certificate or portion thereof as permitted or requii cd by any provi,ion 41 this Ordinance shall constitute one of the Certificates for all purposes of this Ordinance, and may afain be converted and exchanged or replaced It is specifically provided d , that anv Certificate authenticated in conversion of and exchange for or replacement of another I ! i, Cenificate on or prior to the fit %t scheduled Record Date for the Initial Certificate shall bear interest from the drtc of the Initial Certificate, but each substitute Certificate so authenticated after such first scheduled Record Date shall bea, interest from the interest payment date next preceding the date on t2 i i which such substitute Certificate was so authenticated, unless such Certificate is authenticated after any Record Date but on or before the next following interest payment date, in which case it shall bear interest from such next following interest payment date; provided, however, that if at the time of de- livery of any substitute Certificate the interest on the Certificate for wV, : h it is being exchanged is due but has not been paid, then such Certificate shall bear interest from the date to which such interest has been paid in full. THE INITIAL CERTIFICATE issued and delivered pursuant to this Ordinance is not required to be, and shall not be, Authenticated by the Paying Agent/Registrar, but on each substitute Certificate issued in conversion of and exchange for or replacement of any Certificate or Certificates issued under this Ordinance there shall be printed a certificate, in the form substantially as follows: "PAYING AGENTIREGISTRAR'S AUTHENTICATLON CERTIFICATE It is hereby certified that this Certificate has been issued under the provisions of the Certificate Ordinance described on the face of this Certificate, and that this Certificate has been issued in conversion of and exchange for or replacement of a certificate, certificates, or a portion of a certificate or certificates of an issue which originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texai, CHASE BANK OF TEXAS, NATIONAL ASSOCIATION, DALLAS, TEXAS t Paying Agent/Registrar Dated By Authorized Representative" An authorized representative of th, Paying Agent/Registrnr shall, before the delivery of any such Certificate, date and manually sign above Certificate, and no such Certificate shall be deemed to be issued or outstanding unless such' rl:ficateissoexecuted The Paying Agent/Registrarpromptly shall cancel all Certificates surrenders jr conversion and exchange or replan ment No additional ordinances, crdcrs, or resolutions neet ^ s passed or adopted by the governing body of the Issuer or arty other body or person so As to acct lish the foregoing conversion and exchange or replacement of any Certificate or portion thereof, t r r the Paying Agent/Registrar shall provide for the printing, execution, and delivery of the substitt..: Certificates in the manner prescribed herein, and said Certificates shall be oftype composition printed on paper with lithographed or steel engraved borders of customary weight and st•ength Pursuant to Vernon's Ann Tex, Civ. St, Art. 717k-6, and particularly Section 6 thereof, the duty of conversion and -xchange or replacement of Certificates as aforesaid is hereby Imposed upon the Paying Agent/Registrar, and, upon the execution ofthe above Paying Agent/Registrars Authentication Certificate, the converted and exchanged or replaced , Certificate shall be valid, incontestable, and enforceable in the same manner and with the same effect as the Initial Certificate which originally was issued pursuant to this Ordinance, approved by the Attorney General, and registered by the Comptroller of Public Account: The Issuer shall pay the ✓1 Paying Agent/Registrar's standard or customary fees and charges for transferring, converting, and exchanging any Certificate or any portion thereof, but the one requesting any such transfer, is conversion, and exchange shall pay any tars or governmental charges required to be paid with respect thereto as a condition precedent io the exercise of such privilege of conversion and exchange. The Paying Agent/Registrar shall not be required to make any such conversion and exchange or replacement of Certificates or any portion thereof during th ~ period commencing with the close of business on any R ecord Date and ending with the opening of business on the next following principal or interest payment date. (e) In General. All Certificates issued in conversion and exchange or replacement of any other Certificate or portion thereof, (i) shall be issued in fully registered form, without interest coupons, with the principal of and interest on such Certificates to be payable only to the registered owners thereof, (ii) may be transferred and assigned, (iii) may be converted and exchanged for other Certificates, (iv) shall have the characteristics, (v) shall be signed and sealed, and (vi) the principal of and interest on the Certificates shall be payable, nll as provided, and in the manner required or indicated, in the FORM OF SUBSTITUTE CERTIFICATE set forth in this Ordinance. (f) Payment of Fees and Charges, The Issuer hereby covenants with the registered owners of the Certificates that it will (i) pay the standard or customary fees and charges of the Paying Agent/Registrar tbt its services with respect to the payment of the principal of and interest on the Certificates, when due, and (ii) pay the fees and charges of the Paying Agent/Registrar for services with respect to the transfer of registration of Certificates, and with respect to the conversion and exchange of Certificates solely to the extent above provided in this Ordinance, (g) t titute Pavinn Ac ng t Ile isg trar. The Issuer covenants with the registered owners of the Certificates that at all times while the Certificates are outstanding the Issuer will provide a competent and legally qualified bank, trust company, financial institution, or other agency to act as and perform the services of Paying Agent/Registrar for the Certificates under this Ordinance, and that the Paying Agent/Registrar will be one entity The Issuer reserves the right to, and may, at its option, change the Paying Agent7Registrar upon not less than 120 lays written notice to the Paying Agent/Registrar, to be effective not later than 60 days prior to the next principal or interest payment date after such notice In the event that the entity at any time a:ting as PayiQ Agect/Registrar (or its successor by merger, acquisition, cr other method) should resign or otherwise rldse to act as such, the Issuer covenants that it will promptly appoint a competent and legally qualified bank, trust company, financial institution, or other agency to act as Paying Agent/Registra: under this Ordinance t!pon any change in the Paying Agent/Registmr, the previous Paying Agent/Registrar shall promptly transfer and deliver the Registration Books (or a copy thereof), along with all other pertinent books and records relating to the Certificates, to the new Paying Agent/Registrar designated and appointed by the Issuer Upon any change in the Paying Agent/Registrar, the Issuer promptly will cause a written notice thereof to be sent by the new Paying Agent/Registrar to each registered owner of the Certificates, by United States mail, first-class postage prepaid, which notice also shall give the address of the new Paying Agent/Registrar By accepting the position and performing as such, each Paying Agent/Registrar shall be deemed to have agreed to the provisions of this Ordinance, and a certified R copy of this Ordinance shall be delivered to each Paying Agent/Registrar t 14 t 1 Section 7. FORM OF SUBSTITUTE CERTIFICATFS. The form of all Certificates issued in conversion and exchange or replacement of any other Certificate or portion thereof, 'including the form of Paying Agent/Registroes Certificate to be printed on each of such Certilicates, and the Fors of Assignment to be printed on each of the Certificates, shall be, respectively, substantially as follows, with such appropriate variations, omissions, or insertions as are permitted or required by this Ordinance. FORM OF SUBSTI LUTE CERTIFICATE (Book-Entry Only Legend, if appropriate) NO. UNITED STATES OF AMERICA PRINCIPAL AMOUNT STATE OF TEXAS S COUNTY OF DENTON CITY OF DENTON CERTIFICATE OF OBLIGATION SERIES 1999 ORIGINAL DATE INTEREST RATE MATURITY DATE OF ISSUE _ CUSIP NO ON THE MATURITY DATE specified above the CITY OF DENTON, in Denton County, Texas (the "Issuer"), being a political subdivision of the State of Texas, hereby promises to pay to or to the registered assignee hereof (either being hereinafter called the "registered owner") the principal amount of and to pay interest thereon, calculated on the basis of a 360-day year composed of twelve 30-eay months, from March 15, 1999, to the maturity date specified above, at the interest rate per annum specified above, with interest being first due a id payable on February 15, 2000, and semiannually on each August 15 and February 13 thercafter, except that if the date of authentication of this Certificate is later than the first Record Date (hereinafter defined), such principal amount shall bear interest from the interest payment date next preceding the date of authentication, unless such date of authentication ! is after any Record Date (hereinafter defined) but on or before the next following interest payment t date, in which case such principal amount shall bear interest from such next following interest ' ' ` payment date is THE PRINCIPAL OF AND INTEREST ON this Certifi^ate toy payable in lawful money of the United States of America, without exchange or collection charges. The principal of this Certificate shall be paid to the registered owner hereof upon presentation and surrender of this Certificate at maturity, at the principal corporate trust office o; CHASE BANK OF i'EXAS, NATIONAL ASSOCIATION, DALLAS, TEXAS, which is the "Paying Agent/Registrar" for this Certificate, The payment of interest no this Certificate shall be made by the Paying Agent/Registrar to the registered owner hereof on es., interest payment date by check dated as of such interest pay? ent date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the issuer required by the ordinance authorizing the issuance of the Certificates (the "Certificate Ordinance") to be on deposit with the Paying Agent/Registru for such purpose as hereinafter provided; and such check shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such interest payment date, to the registered owner hereof, at the address of the registered owner, as it appeared at the dose of business on the last day of the month next preceding each such date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described. However, the payment of such interest may be made by any other method acceptable to the Paying Agent/Registrar and requested by, and at the rsk and expense of, the r4s- tered owner hereof. The Issuer covenants with the registered owner of this Certificate that on or before each principal payment date, intern t payment date, and accrued interest payment date for this Certificate it will make available to the Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Certificate Ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on the Cenificates, when due. IF THE DATE for the payment of the principal of or interest on this Certificate shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the City where the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to close, and payment on such date bhall have the Same force and effect as if made ors the original date payment was due THIS CERTIFICATE is one of an issue of Certificates irntially dated Much 15, 1999, authorized in accordance with the Constitution and laws of the State afTexas in the principal amount of $6,935,000, for the purpose of paying all or a portion of the City's Contractual Obligations incurred pursuant to contracts for the purchase of certain real and personal property to-wit: (a) fuel facilities at the City's airport, (b) upgrades to the City's communication system, (c) renovation to fire stations and acquisition of fire equipment, (d) fuel and maintenance facilities for the City's vehicles and (et variov- equipment for the 0y s landfill; and also for the purpose of paying all or a portion Ir the City's Contractual Obligations for professional servi^a of Engineering, Attorneys, utd Financial Ad6sirs in connection with the above contracts and said Certifeaw of Obligation, ON 4EBRUARY 15, 2009, or on ary date whatsoever thereafter, the Certificates of this Scries may be redeemed prior to their scheduled m,durities, at the option of the Issuer, with funds 1 derived from any available and lawful source, as a whole, or in part, and, if in part, the particular Certificates, or portions thereof, to be redeemed shall be selected and designated by the Issuer (provided that a portion of a Certificate may be redeemed only in an integral multiple of $5,000), at 16 I the redemption price of the par or principal anount thereof, plus accrued interest to the date fixed for redemption. 713E CERTIFICATES of this Series scheduled to mature on FEBRUARY 15, 2014 through FEBRUARY 15, 2019 are subject to mandatory redemption prior to their scheduled maturities, and shall be redeemed by the Issuer, in part, prior to their scheduled maturities, with money from the Mandatory Redemption Account of the Interest and Sinking fund, with the particular Certificates or portion thereof to be redeemed to be selected by the Paying Agent/Registrar, by lot or other customer method (provided that a portion of a Certificate may be redeemed only in an integral multiple of $5,000) at it redemption price equal to the par or principal amount thereof and accrued Interest to the date of redemption, on the dates, and in the principal amounts, respectively, as shown in the following schedules; February 15.2014 Maturity Mandatory Redemption Date Principal Amount February 15, 2014 S_ February IS, 2015 February 15, 2016 _ $ payable at maturity Februan t S. 2019 Maturity Mandatory Redemption Dates Principal Amounts February 15, 2017 $ February IS, 2019 February 15, 2019 " 'payable at maturity I The principal amount of the Certificates required to be redeemed on each such redemption date pursuant to the foregoing operation of the Mandatory Redemption Account shall be reduced, at the option orthe Issuer, by the principal amount of any Certificates, which at least 45 days prior to the mandatory sinking fund redemption date, (1) shall have been acquired by the Issuer and delivered to the Paying Agent/Registrar for cancellation, or (2) sh611 have been purchased and cancelled by the Paying Agent/itegistrar at the request of the Issuer at a price not exceeding the principal amount of such Certificates plus accrued interest to the date of purchase, or (3) have been redeemed pursuant to the optional redemption provisions set forth above and not theretofore credited against a mandatory sinking fund redemption During any period in which ownership of the Certificates Is determined by a book entry at a securities depository for the Certificates, if fewer than all of the Certificates of the same maturity and bearing the same interest rate are to be redeemed, the particular Certificates of such maturity and bearing such interest rate shall be selected In accordance with the arrangements between the Issuer and the securities depository. AT LEAST 30 days prior to the date fixed for any such prepayment or redemption is written notice of such prepayment of redemption shall be mulled by the Paying Agent/Registrar to the / registered owner hereof. By the date fixed for any such prepayment or redemption due provision shall k made by the Issuer with the Paying Agent/Registrar for the payment of the required prepay- ment or redemption price for this Certificate or the portion hereof which is to be to prepaid or re- i t. I 11 { ii tell deemed, plus accrued Interest thereon to the date fixed for prepayment or redemption. If such written notice of prepayment or redemption is given, and if due provision for such payment is made, all es pro, tided above, this Certificate, or the porticin thereof which is to be so prepaid or redeemed, thereby automatically shall be treated as prepaid or redeemed prior to its scheduled due date, and shall not bear interest after tha date fixed 'ir its prepayment or redemption, and shall not be regarded Asbeing outstanding except for the right of the registered owner to receive the prepayment or redemption price plus accrued interest to the date fixed for prepayment or redemption from the Paying Agent/Registrar out of the funds provided for such payment. The Paying Agent/Registrar shall i-ecord in the Registration Books all such prepayments or redemptions of principal of this Certificate or any portion hereof I TH IS CERTIFICATE OR ANY PORTION OR PORTIONS HEREOF IN ANY INTEGRAL MULTIPLE OF S3,000 may be assigned and shall be transferred only in the Registration Books of the Issuer kept by the Paying Agent(Registrar Acting in the capacity of registrar for the Certificates, { upon the terms and conditions set forth in the Certificate Ordinance, Among other requirements for such assignment and transfer, this Certificate must be presented and surrendered to the Paying Agent/Registrar, together with proper Instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment of this Certificate or any portion or portions hereof in any Integral multiple of S5,000 to the assignee or assignees in whose name or names this Certificate or any such portion or portions hereof is or are to be transferred and registered The form of Assignment printed or endorsed on this Certificate shali be executed by the registered owner or its duly authorized attorney or representative, to evidence the Assignment hereof A new Certificate or Certificates payable to such assignee or assignees (wtdch then will be the new registered owner or owners of such new Certificate or Certificates), or to the previous registered owner in the case of the assignment and transfer of only a portion of this Certificate, may be delivered by the Paying Agent/Registrar in conversion of and exchange for this Certificate, All in the form and manner as provided in the next paragraph hereof for the conversion and exchange of other Certificates. The Issuer shall pay the Paying Agent/Registrer's standard or customary fees and charges for making such transfer, but the one requesting such transfer shall pay any taxes or other got ernmental charges required to be paid with respect thereto. The Paying Agent/Registrar shall not be required to make transfers of registration of this Certificate or any portion hereof during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment data The registered owner of this Certificate shall be deemed and treated by the Issuer and the Paying Agent/Registru as the absolute owner ho cof for all purposes, including payment and discharge of tiamay upon this certificate to the extent of such payment, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary. ALL CERTIFICATES OF THIS SERIES are issuable solely as fully registered certificates, without interest coupons, in the denomination of any integral multiple of $5,000. As provided In the Certificate Ordinance, this Certificate, may, at the request of the registered owner or the assignee or assignees hereof, be converted into and exchanged for a like aggregate principal amount of fully registered certificates, without interest coupons, payable to the appropriate registered owner, assignee, or assignees, as the case may be, hating the same maturity date, and bearing Interest at the same rate, in any denomination or denominations in any integral multiple of S3,000 as requested in _ '16 I i w writing by the appropriate registered owner, assignee, or assignees, as the case may be, upon sur- render of this Certificate to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedures set forth In the Certificate Ordinance. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for transferring, convening, And exchanging any Certificate or any portion thereof, but the one requesting such transfer, conversion, and exchange shall pay any taxes or governmental charges required to be paid with respect thereto as a condition precedent to the exercise of such privilege of conversion and exchange The Paying Agent/Registrar shall not be required to make any such conversion and exchange during the period commencing with the close of business on any Record Date and ending with the opening of business on the next follow. ing principal or Interest payment date IN TFffi EVENT any Paying Agent/Registrer for the Certificates is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Certificate Ordinance that it promptly will Appoint A competent and legally qualified substitute therefor, and will promptly cause written notice thereof to be mailed to the registered owners of the Certificates. IT IS HEREBY certified, recited, and covenanted that this Certificate his been duly and validly authorized, Issued, and delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this Certificate have been performed, existed, and been done in accordance with law; that this Certificate is a general obligation of the Issuer, issued on the full faith and credit thereof, and that annual ad valorem taxes sufficient to provide for the payment of the interest on end principal o1`0 ; Certificate, as such interest comes due and such principal matures, have been levied and ordered to be levied e gainst all taxable property In the Issuer, and have been pledged irrevocably for such payment, within the limit prescribed by law; and that, together with other parity obligations, this Certificate, and the other Certificates of this Series, additionally are payable from and secured by certain surplus revenues (not to exceed S 10,000 in aggregate amount) derived by the Issuer from the ownership and operation or the City's Utility System (consisting of the City's combined waterworks system, sanitary sewer system, and electric light and power system), All as provided in the Certificate Ordinance. TILE ISSUER has reserved the right to issue, in accordance with law, and in accordance with the Certificate Ordinance, other and additional obligations, and to enter into contracts, payable from ad valorem taxes and/or revenues of the City's Utility System, on a parity with, or with respect to sold revenues, superior in lien to, this Certificate BY BECOMING the registered owner of this Certificate, the registered owner thereby acknowledges all of the terms and provisions of the Certificate Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Certificate Ordinance is duly recorded end available for inspection in the official minutes and records of the governing body of the issuer, and agrees that the terms and provisions of this Certificate and the Certificate Ordinance constitute a contract between each registered owner hereof and the Issuer. A t 19 i u h IN WITNESS WHEREOF, the Issuer has caused this Certificate to be signed with ..manual or facsimile signature of the Mayor of the Issuer and countersigned and attested with the manual or facsimile signature of the City Secretary of the Issuer, and has caused the official seal of the Issuer to be duty impressed, or placed in facsimile, on this Certificate. ATTEST: CITY OF DENTON, TEXAS By: By: Jennifer Walters Jack Miller City Secretary, City of Denton, Texas Mayor, City of Denton, Texas (CITY SEAL) FORM OF PAYING AGENMGISTKWS AUTHENTICATION CERTIFICATE PAYING AGENTIREGISTRAR'S AUTHENTICATION CERTIFICATE { 1 ; It is hereby certified that thisCertilicate hasbeen Issued under the provisions ofthaCertifiate Ordinance described on the face of this Certificate; and that this Certificate has been issued In conversion of and exchange for or replacement of a cenificate, certificates, or a portion of a certificate or certificates of an issue which originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts +f the State of Texas. CHASE BANK OF TEXAS, NATIONAL ASSOCIATION, DALLAS, TEXAS Paying Agent/Registrar Dated By Authorized Representative I (INSERT BOND INSURANCE LEGEND, IF ANY) ~ Ile " r• so •I i~ FORM OF ASSIGNMENT: ASSIGNMENT FOR VALUE RECEIVED, the undersigned registered owner of this Certificate, or duly authorized representative or attorney thereof, hereby assigns this Certificate to (Assignee's Social (print cr typewrite Assignee's name and Security or Taxpayer address, including zip code) Identification Number and hereby irrevocably constitutes and appoints attorney to transfer the registration of this Certificate on the Paying Agent/Registrar's Registration Books with full power of substitution in the premises Dated _ Signature Guaranteed. _ I NOTICE Signature(s)most be Registered Owner guaranteed by an eligible guarantor NOTICE This signature must institution participating in a correspond with the name ofthe securities transfer association Registered Owner appearing on recognized signature guarantee the face of this Certificate program Section S. TAX LEVY, A special Interest and Sinking Fund (the "Interest and Sinking Fund") is hereby created solely for the benefit of the Certificates, and the Interest and Sinking Fund shall be established and maintained by the Issuer at an official depository bank of the Issuer. A Mandatory Redemption Account is hereby established within the Interest and Sinking Fund. The Interest and Sinking Fund shall be kept separate and apart from Ali other funds and accounts of the Issuer, and shall be used only for paying the interest on and principal of the Certificates. All ad valorem taxes levied and collected for and on account of the Certificates shall be deposited, as collected, to the credit of the Interest and Sinking Fund During each year while any of the .4 Certificates or interest thereon are outstanding and unpaid, the governing body of the Issuer shall ! compute and ascertain a rate and amount of ad valorem tax which will be sufficient to raise And .,4 produce the money required to pay the interest on the Certificates as such interest becomes due, and to provide and maintain a sinking fund adequate to pay the principal of its Certificates as such 21 r principal matures (but never less than 2% of the original principal amount of the Certificates as a sinking fund each year), Including such amounts as are necessary to satisfy the mandatory sinking fund schedule for the Certificates maturing February 15, 2014 and February 15, 2019 as set forth in the Form of Initial Certificate and the Form of Substitute Certificate contained herein, width amounts shall be deposited into the Mandatory Redemption Account, with such mandatory redemption constituting payment at maturity. Said tax shill be based on the latest approval tax rolls of the Issuer, with full allowance Will made for tax delinquencies and the cast of tax collection. Said rate and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable property In th s Issuer for each year while any of the Certiflates or Intere; i thereon are outstanding and unpaid; aid said tax shall be assessed and collected each such year and deposited to the credit of the aforesaid interest and Sinking Fund. Said ad valorem taxes sufficient to provide for the psymer., of the interest on and principal of the Certificata, as such Interest comes due and such principal matures, are hereby pledged for such payment, within the limit prescribed by law. Section 9. SURPLUS REVENUES, The Certiflates additionally shall be payable from and secured by surplus revenues, to the extent hereinafter permitted, derived by the Issuer from the ownership and operation of the Issuees Utility System (consisting of its combined waterworks system, sanitary sewer system, and electric light and power system) remaining after (a) payment of all amounts constituting operation and maintenance expenses ofsaid Utility System, and (b) payment of all debt service, reserve, and other requirements and amounts required to be paid under all ordinances heretofore or hereafter authorizing (i) all bonds and (ii) all other obligations not on a parity with the Certificates, which are payable from and secured by i ny Utility System revenues, and (c) payment of ail amounts payable from any Utility System revenues pursuant to contracts heretofore or hereafter entered into by the Issuer in accordance with law (the "Surplus Revenues"). If, for any reason, the Issuer fails to deposit ad valorem taxes levied pursuant to Section 8 hereof to the credit of the Interest and Sinking Fund in an amount sufficient to pay, when due, the principal of and interest on the Certificates, then Surplus Revenues, to the extent hereinafter permitted, shall be deposited to the credit of the Interest and Sinking Fund and used to pay such principal and/or Interest. A maximum aggregate of S 10,000 of Surplus Revenues may be used to pay principal and/or interest on the Certificates and any obligations on a parity therewith. The Certificates and any obligations on a parity therewith are not, and shall not be deemed to be, payable from or secured by any Surplus Revenues in excess of an aggregate of $10,000, Until and unless an aggregate of S 10,000 of Surplus Revenues actually is use4 to pay any such principal and/or Interest, additional obligations, payable from and secured by all or any remaining unused part of said aggregate of $10,000 of Surplus Revenues, may be issued by the Issuer on a parity with the Certificates and any other then outstanding parity obligations, with the Certificates and all such additional parity obligations to be payable from and secured equally and ratably by all or any remaining unused part of said aggregate. The Issuer reserves, and shalt have, the right to Issue bonds, and other obligations not on a parity with the Certificates, and to enter Into contracts, in accordance with applicable laws, to be payable from and secured by any Utility System revenues other than the aggregate of $10,000 of Surplus Revenues as described above. The Certificates are on a parity with those Issues of City of Denton Certiflates of Obligation, Series 1987, Series 1989, Series 1989•A, Series 1991, Series 1992, Series 1993, Series c 1993•A, Series 1994, Series 1995, Series 19% and Series 1998 (the "Outstanding Certificates"), as l permitted in the Ordinances authorizing same; and it is hereby found and determined that none of the I 27 j C' above defined Surplus Revenues have ever been used to pay any principal and/or Interest on the Outstanding Certificates. Section 10. DEFEASANCE OF CERTIFICATES, (a) Any Certificate and the Interest thereon shall be deemed to be paid, retired, and no longer outstanding (a "Defeaaed Certificate") within the meaning of this Ordinance, except to the extent provided in subsection (d) ofthis Section, when payment of the principal of such Certificate, plus interest thereon to the due due either (1) shall have been made or caused to be made in accordance with the terms thereof, or (it) shall have been provided for on or before such due date by irrevocably depositing with or making available to the Paying Agent/Registrar for such payment (1) lawful money of the United States of America sufficient to make such payment or (2) Government Obligations which mature as to principal and Interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money to provide for such payment, and when proper arcangementa have been made by the Issuer with the Paying Agent/Registrar for the payment of its services until all Defeased Certificates shall have become due and payable. At such time u a Certifiate shall be deemed to be a Defeated Certificate hereunder, as aforesaid, such Certificate and the interest thereon shall no longer be secured by, payable from, or entitled to the benefits of, the ad valorem taxes herein levied and pledged as provided in this Ordinance, and such principal and interest shall be payable solely from such money or Government Obligations. (b) Anymoneys so deposited with the Paying ASent/Registrst may at thewritten& ection of the Issuer also be Invested in Government Obligations, maturing in the amounts and times as hereinbefore set forth, and all income from such Government Obligations received by the Paying Agent/Registrar which is not required for the payment of the Certificates and Interest thereon, with respect to which such money has been to deposited, shall be turned over to the Issuer, or deposited as directed in writing by the Issuer. (c) The term "Government Obligations" as used in this Section shall mean direct obligations of the United States of America, including obligations the principal of and Interest on which are unconditionally guaranteed by the United States of America, which may be United States Treasury obligations such as its State and Local Government Series, which may be in book-entry form. (d) Until all Defeased Certificates shall have become due and payable, the Paying Agent/Registrar shall perform the services of Payh g Agent/Registrar for such Defessed Certificates the same as if they had not been defeased. W the Issuer shall make proper arrangements to provide and pay for such services as required by thiu Ordinance . Section It. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED CERTIFICATES. (a) emplacement Certificates In the event any outstanding Certificate is damaged, mutilated, lost, stolen, or destroyed, the Paying Agent/Registmr shall cause to be printed, execu;,,d, and delivered, a new certificate of the same principal amount, maturity, and interest rue, as the damaged, mutilated, lost, stolen, or destroyed Certificate, In replacement for such Certificate in the manner hereinafter provided, 2l i t i i (b) Application for Replacement Certificates. Application for replacement of damaged, mutilated, lost, stolen, or destroyed Certificates shall be made by the registered owner thereof to the PaylrS Agent/Registrm, In every case of Ids%, theft, or destruction of a Certificate, the registered owner applying for a replacement certificate shall furnish to the Issuer and to the Paying Agcnt/Registrar such security or indemnity as may be required by them to save each ofthem harmless { from any loss or damage with respect thereto. Also, In every case of loss, theft, or destruction of it Certificate, the registered owner shall furnish to the Issuer and the Paying Agent/Registrar evidence to their satisfaction of the loss, theft, or destruction of such Certificate, as the case maybe In every case of damage or mutilation of a Certificate, the registered owner shall surrender to the Paying Agent/Registrar for cancellation the Certificate so damaged or mutilated (c) No Default Occurred Notwithstanding the foregoing provisions of this Section, in the event of any such Certificate shall have matured, and no default has occurred which is then continuing in the payment of the principal of, or interest on the Certificrte, the Issuer may authorize the payment of the same (without surrender thereof except in the case of a damaged or mutilated Certificate) instead of Issuing a replacement Certificate, provided security or Indemnity is furnished as above provided in this Section. (d) Charge forIssuing ReolacementCertificatea Prior to the issuance of any replacement certificate, the Paying Agent/Registrar shall charge the registered owner of such Certificate with all legal, printing, and other expenses In connection therewith. Every replacement certificate issued pursuant to the provisions of this Section by virtue of the fact that any Certificate is lost, stolen, or destroyed shall constitute a contractual obligation of the Issuer whether or not the lost, stolen, or destroyed Certificate shall be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and.proportionately with any and all other Certificates duly issued under this Ordinance (e) Aut bority for Issuing Replacement Certificates. In accordance with Section 6 of Vcrrion's Ann. Tex Civ St. Art 717k•6, this Section of this Ordinance shall constitute authority for the issuance of any such replacement certificate without necessity of further action by the governing body of the Issuer or any other body or person, and the duty of the replacement of such certificates is hereby authorized and imposed upon the Paying AgenvRegistrar, and the Paying Agent/Registrar shall authenticate End <'eliver such Certificates in the form and manner and with the effect, as provided in Section 6(d) of this Ordinance for Certificates issued in conversion and exchange for other Certificates. Section 12. CUSTODY, APPROVAL, AND REGISTRATION OF CERTIFICATES; CERTIFICATE COUNSEL'S OPINION, CUSIP NUMBERS, PREAMBLE AND INSURANCE, The Mayor of the Issuer is hereby authorized to have control of the Initial Certificate issued hereunder and all necessary records and proceedings pertaining to the Initial Certificate pending Its delivery and its investigation, examination, and approval by the Attorney General of the State of r ' a Texas, and its registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of the Initial Certificate said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller`4 Registration Certificate on the Initial Certificate, and the seal of said Comptroller shall be Impressed, or placed in facsimile, on 2e t r u w the Initial Certificate. The approving legal opinion of the Issuer's Bond counsel and the assigned CUSIP numbers may, at the option of the Issuer, be printed on the Initial Certificate or or. any Certificates Issued and delivered In converslon ofand exchange or replacement ofany Certificate, but neither shall have any legal effect, and shall be solely for the convenience and Information of the registered owners of the Certificates. The preanUe to this Ordinance Is hereby adopted and made Apart hereof for all purposes. If insurance Is obtained on any of the Certificates, the Initial Certificate and all other Certificates shall bear an appropriate legend cunceming insurance as provided by the insurer Section 13. COVENANTS REOARDINO TAX-EXEMPTION. The Issuer covenants to refrain from taking any action which would adversely affect, and to take any action required to ensure, tite treatment of the Certificates as obligations described in section 103 of the Internal Revenue Code of 1986, as amended (the "Code"), the interest on which is not includable In the "gross income" of the holder for purposes or federal income taxation, In furtherance thereof, the Issuer covenants as follows: (a) to take any action to assure that no more than 10 percent of the proceeds of the Certificates or the project financed therewith (less amounts deposited to a reserve fund, if any) are used for any "private business use", as defined in section 141(bK6) of the Code or, if more than 10 percent of the proceeds or the project financed therewith are so used, such amounts, whether or not received by the Issuer, with respect to such private business use, do not, under the terms of this Ordinance or any underlying arrangement, directly or indirectly, secure or provide for the payment of more then 10 percent of the debt service on the Certificates, in contravention of section 141(b)(2) of the Code; (b) to take any o,.ion to assure that in the event that the "private business use" described in subsection (a) hereof exceeds S percent of the proceeds of the Certificates or the project financed therewith (less amounts deposited into a reserve fund, if any) then the amount in excess of 5 percent is used for a "private business use" which is "related" and not "disproportionate", within the meaning of section 141(bx3) of the Code, to the governmental •use; (c) to take any action to assure that no amoint which is greater than the lesser of $5,000,000, or 5 percent of the proceeds of the Certificates (less amounts deposited Into a reserve fund, if any) is directly or indirectly used to finance loans to persons, other than state or local governmental units, in contravention of section 141(c) of the Code; (d) to refrain from taking any action which would otherwise result In the Certificates being treated as "private activity bonds" within the meaning of section 141(b) of the Code, (e) to refrain from taking any action that would result in the Certificates being _ (},r "federally guaranteed" within the meaning of section 149(b) ofthe Code; 75 I` f L(fj to refrain from using any portion of the proceeds of the Certificates, directly or Indirectly, to acquire or to replace funds which were used, directly or Indirectly, to acquire Investment property (as defined In section 148(bx2) of the Code) which produces a materially higher yield over the term orthe Certificates, other than Investment property acquired with (1) proceeds of the Certificates invested for a ressonabletemporaryperiod of 3 years or less, or in the case of a refunding certificale for a period of 30 days or less, until such proceeds are needed for the purpose for which the certificates are issued, (2) amounts invested In a bona fide debt service fund, within the meaning of section 1.148.1(b) of the Treasury Regulations, and (3) amounts deposited in any reasonably required reserve or replacement fund to the extent such amounts do not exceed 10 percent of the stated principal amount (or, in the case ofa discount, the Issue price) of the Certificates; (g) to otherwise restrict the use of the proceeds of the Certificates or amounts treated as proceeds of the Certificates, as may be necessary, so that the Certificates do not otherwise contravene the requirements of section 148 of the Code (relating to arbitrage), Section 149(g) of the Code (relating to hedge bonds), and, to the extent applicable, section 149(d) of the Code (relating to advance •efundings); and i (h) to pay to the United States of America at least once during each five-year period (beginning on the date of delivery of the Certificates) an amount that Is at least equal to 90 percent of the "Exxss Earnings", within the meaning of section 148(f) of the Code and to pay to the United States of America, not later that 60 days after the Certificates have been paid in full, 100 percent orthe amount then required to be paid as a result orExcess Earnings under section 148(1) of the Code. The issuer understands that the term "proceeds" includes "disposition proceeds" as defined in the Treasury Regulations and, in the case of refunding bonds, transferred proceeds (if any) and proceeds of the refunded bonds expended prior to the date of issuance of the Bonds. It Is the understanding of the Issuer that the covenants contained herein us Intended to assure compliance with the Code and any regulations or rulings promulgated by the U.S. Department of the Treasury pursuant thereto. In the event that regulations or rulings see hereafter promulgated which molt or expand provisions of the Code, as applicable to the Certificates, the Issuer will not be required to comply with any covenant contained herein to the extent that such modification or expansion, In the opinion of nationallyrecogaized bond counsel, will not adversely affect the exemption from federal income taxation of interest on the Certificates under section 103 of the Code. In the event that regulations or rulings are hereafter promulgated which Impose additional requirements which are applicable to the Certificates, the Issuer agrees to comply with the additional requirements to the extent necessary and reasonably possible, In the opinion of nationally-recognized bond counsel, to J preserve the exemption from federal income taxation of interest on the Certificates under section 103 orthe Code In furtherance of such Intention, the Issuer hereby authorizes and directs the Mayor of 26 i II I I i i the issuer to execute any documents, certificates or reports required by the Code and to make such elections, on behalf of the Issuer, which may be permitted by the Code as are consistent with the ! purpose for the Issuance of the Certificate. In order to facilitate compliance with the above covenant (h), a "Rebate Fund" Is hereby established by the Issuer for the sole benefit of the United states of America, and such fund shall not be subject to the claim of any other person, including without limitation, the owners of the Certificates. The Rebate Fund is established for the additional purpose of compliance with Section 148 of the Code. Section 14. SALE OF INITIAL CERTffICATE. The Initial Certificate is hereby sold and shall ba delivered to . for cash for the par value thereof and accrued interest thereon to date of delivery, plus a cash premium of S . Such premium shalt, upon receipt, be deposited into the Interest and Sinking Fund It is hereby officially found, deter- mined, and declared that the Initial Certificate has been sold at public We to the bidder offering the lowest Interest cost, after receiving sealed bids pursuant to an Official Notice of Sale and Bidding Instructions and Official Statement dated March 9,199 , prepared and distributed In connection with the We of the Initial Certificate, Said Official Notics of Sate and Bidding Instructions and Official Statement, and any addenda, supplement, or amendment thereto have been and are hereby approved by the Issuer, and their use in the offer and We of the Certificates is hereby approved. It is further officially found, determined, and declared that the statements and representations contained In said Official Notice of We and Official Statement are true and correct in all material respects, to the best knowledge and belief of the City Council and the Issuer, Section IS. ALLOCATION OF, AND LIMITATION ON, EXPENDITURES FOR THE PROJECT. The Issuer covenants to account for the expenditure of sale proceeds and investment earnings to be used for the purposes described in Section 1 of this Ordinance (the "Project") on Its books and records by allocating proceeds to expenditures within 18 months of the later of the date that (I) the expenditure is made, or (2) the Project is completed. The foregoing notwithstanding, the Issuer shall not expend sale proceeds or Investment earnings thereon more than 60 days after the earlier of (1) the fifth anniversary of the delivery of the Certificates, or (2) the date the Certificates are retired, unless the Issuer obtains an opinion of nationallyrecoozed bond counsel that such expenditure will not adversely affect the tax-exempt status of the Certificates. For purposes hereof, the issuer shall not be obligated to comply with this covenant if it obtains an opinion that such failure to comply will not adversely affect the excludability for federal income tax purposes from gross income of the ?nterest. Section 16. DISPOSITION OF PROJECT. The Issuer covenants that the property constituting the Project will not be sold or otherwise disposed in a transaction resulting In the receipt by the Issuer of cash or other compensaticn, unless the Issuer obtains an opinion of nationally recognized bond counsel that such We or other disposition will not adversely affect the tax-exempt status of the Certificates. For purposes hereof, the Issuer shall nut be obligated to comply with this k r. covena.t if it obtains a legal opinion bat such failure to comply will not adversely affect the l' excludability for federal Income tax proposes from gross income of the interest. 27 t, f Section 17, INTEREST EARNINGS ON CERTIFICATE PROCEEDS. Interest earnings derived from the investment of proceeds from the sale of the Initial Certificate shall be used along with other proceeds for the purposes for which the Certificates are issued; provided that after completion of such purposes, if any of such interest earnings remain on hand, such interest earnings shall be deposited in the Interest and Sinking Fund It is further provided, however, that any interest earnings on certificate proceeds which are required to be rebated to the United States of America pursuant to Section 13 hereof in order to prevent the Certificates from being "arbitrage bonds" within the meaning of the Code shall be so rebated and not considered as interest earnings for the purposes of this Section. Section I & DTC REGISTRATION. The Certificates initially shall be issued and delivered in such manner that no physical distribution of the Certificates will be made to the public, and The Depository Trust Company ("DTC"), New York, New Ycrk, Initially will act as depository for the Certificates DTC has represented that it is a limited purpose trust company incorporated under the laws of the State of New York, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered under Section 17A of the federal Securities Exchange Act of 1934, as amended, and the Issuer accepts, but In no way verifies, such representations The Initial Certificate authorized by this Ordinance shall be delivered to and registered in the name of the Purchaser. However, it is a condition of delivery and sale that the Purchaser, immediately after such delivery, shall cause the Paying Agent/Registrar, as provided for in this Ordinance, to cancel said laitial Certificate srtd deliver in exchange therefor a substitute Certificate for each maturity of such Initial Certificate, with each such substitute Certificate to be registered in the name of CEDE & CO., the nominee of DTC, and it shall be the duty of the Paying Agent/Registrar to take such action It is expected that DTC will hold the Certificates on behalf of the Purchaser and/or the DTC Participants, as defined and described in the Official Statement referred to and approved in Section 14 hereof (the "DTC Participants"), So long as each Certificate is registered in the name of CEDE & CO,, the Paying Agent/Registrar shall treat and deal with DTC in all respects the same as if it were the actual and beneficial owner thereof. It is expected that DTC will maintain a book entry system which will Identify beneficial ownership of the Certificates by DTC Participants In integral amounts of $5,000, with transfers of ownership being efTected on the records of DTC and the DTC Participants pursuant to rules and regulations established by them, and that the substitute Certificates initially deposited with DT'C shall be immobilized and not be further exchanged for substitute Certificates except as hereinafter provided The Issuer is not responsible or liable for any functions of DTC, will not be responsible for paying any fees or charges with respect to its services, will not be responsible or liable for maintaining, supervising, or reviewing the records of DTC or the DTC Participants, or protecting any interests or rights of the beneficial owners of the Certificates it shall be the duty of the Purchaser and the DTC Participants to make all arrangements with DTC to establish this book-entry system, the beneficial ownership of the Cenificates, and the method of paying the fees and charges of DTC, The Issuer does not represent, nor does it in any way covenant that the initial book-entry system established with DTC will be maintained in the future The Issuer reserves the right and option at any time in the ' future, in its sole discretion, to terminate the DTC (CEDE & CO.) book-entry only rtgistration l f requirement described above, and to permit the Certificates to be registered in the name of any owner If the Issuer exercises its right and option to terminate such requirement, it shall give written notice of such termination to the Paying Agent/Registrar and to DTC, and thereafter the Paying 20 i• i k Agent/Registrar shall, upon presentation and proper request, register any Certificate in any name as provided for in this Ordinance. Notwithstanding the Initial establishment of the forelloing book-entry system with DTC, if for any reason any of the originally delivered substitute Certifl :aces is duly filed with the Paying Agent/Registrar with proper request for transfer and substitution, as provided for In this Ordinance, substitute Certificates will be duly delivered as provided in this Ordnance, and there will be no assurance or representation that any book-entry system will be malatained for such Certificates. Section 19, COMPLIANCE WITH RULE ISc2.12. (a) Annual ReggM. (i) The Issuer shall provide annually to each NRMSIR and any SID, within six months after the end of each fiscal year ending in or after 1999, financial information and operating data with respect to the issuer of the general type included in the final Official Statement authorized by Section 14 of this Ordinance, being the information described in Exhibit A hereto, which Exhibit Is attached to and incorporated in this Ordinance as if written word for word herein, Any financial statements so to be provided shall be (1) prepared in accordance with the accounting principles described in Exhibit hereto, or such other accounting principles as the Issuer may be required to employ from time to time pursuant to state law or regulation, and (2) audited, if the Issuer commissions sn audit of such statements and the audit is completed within the period during which they must be provided, If the audit of such financial statements is not complete within such period, then the Issuer shall provide unaudited financial statements by the required time and will provide audited financial statements for the applicable fisCal year to each NRMSIR and any SID, when and if the audit report on such statements become available (ii) If the Issuer changes its fiscal year, it will notify each NRMSIR and any SID of the change (and of the date of the new fiscal year end) prior to the next date by which the Issuer otherwise would be required to provide financial information and operating data pursuant to this 1 Section. The financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document, if it is available from the AISRB) that theretofore has been provided to each NRMSIR and any SID or filed with the SEC. (b) Material Event Notices. The Issuer shall notify arty SID and either each NRMS IR or the NISRB, in a timely manner, of any of the following events with respect to the Certificates, if such event is material within the meaning of the federal securities saws w I Principal and interest payment delinquencies; 2 Non-payment related defaults; 3. Unscheduled draws on debt service re.erves reflecting financial difficulties; i 4. Unscheduled draws on credit enhancements reflecting financial difficulties; i. Substitution of credit or liquidity providers. or their failure to perform; Z9 I r i I i 6, Adverse tax opinions or t •-nts affecting the tar-exempt status of the Certificates; 7. Modifications to rights of holders of the Certificates; 8. Certificate calls; 9. Defeasances; 10. Release, substitution, or sale of property securing repayment of the Certificates; and 11. Rating changes. The Issuer shall notify any SID and either each NRMSIR or the MSRB, In a timely manner, of any failure by the Issuer to provide financial information or operating data in accordance with subsection (a) of this Section by the time required by such subsection. (c) Limitations. Disclaimers. and Amendment, (i) The Issuer shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the Issuer remains an "obligated person" with respect to the Certificates within the meaning of the Rule, except that the Issuer in any event will give the notice required by Subsection (b) hereof of any Certificate calls and defeasance that cause the Issuer to no longer be such an "obligated person". (ii) The provisions of this Section are for the sole benefit of the registered owners and beneficial owners of the Certificates, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. fhe Ii, uer undertakes to provide only the financial information, operating ilatr, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any othe- information that may be relevant or material to a complete presentation of the Issuer's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The Issuer does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Certificates at any future data (iii) UNDER NO CIRCUMSTANCES SHALL THE ISSUER, ITS OFFICERS, AGENTS AND EMPLOYEES, BE LIABLE TO THE REGISTERED OWNER OR BENEFICIAL OWNER OF ANN' CERTIFICATE OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE ISSUER, WHEE.i'HER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH A PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE, 30 c! a (iv) No default by the Issuer in observing or performing its obligations under this Section shall comprise a breach of or default under the Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the Issuer under federal and state securities laws i (v) The provisions of this Section maybe amended by the Issuer from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, ors change in the identity, nature, status, or type of operations of the Issuer, but only if (1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Certificates in the primary offering of the Certificates in compliance with the Rule, taking into account any amendments or interpretations of the Rule since such offering as well as such changed circumstances and (2) either (a) the registered owners of & majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that Authorizes such An amendment) of the outstanding Certificates consent to such amendment or (b) a person that is unaffiliated with the Issuer (such as nationally recognized bond counsel) determined that such amendment will not materially impair the interest of the registered owners and beneficial owners of the Certificates If the Issuer so amends the provisions of this Section, it shall Include with any amended financial information or operating data next provided in accordance with subsection (a) of this Section an explanation, in narrative form, of the reason for the amendment and of the Impact of any change In the type of financial Information or operating date so provided. The Issuer may also amend or repeal the provisions of this continuing disclosure agreement if the SEC amends or repeals the applicable provision of the Rule or a court of final jurisdiction enters judgment that such provisions of the Rule are invalid, but only if and to the extent that the provisions of this sentence would not prevent an undem rifer from lawfully purchasing or selling Certificates in the primary offering of the Certificates. (d) Definitions. As used in this Section, the following terms have the meanings ascribed to 1 such terms below: i "hSSRB" mans the Municipal Securities Rulemaking Board. "NRMSIR" mevn +ch person whom the SEC or its staff has determined to be a nationally recognized municipal securities information repository within the meaning of the Rule from time to i lime "Rule" means SEC Rule iM-12, as amended from time to time. "SEC" means the United States Securities and Exchange Commission. "SID" means any person designated by the State of Texas or an authorized department, officer, or agency thereof as, and determined by the SEC or its staff to be, a state Information depository within the meaning of the Rule from time to time, t Section20, FURMERPROCEDURES. The Mayor of the Issuer, the City Secretary of the Issuer, and all other of icers, employees, and agents of the Issuer, and each of then, shall be and they are hereby expressly authorized, empowered, and directed from time to time and at any time to do 31 and perform all such acts and things and to execute, acknowledge, and deliver in the name and under the corporate seal and on behalf of the Issuer all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provsions of this Certificate Ordinance, the Certificates, the sale of the Certificates, and the Notice of Sale and Official Statement; and the Assistant City Manager/Finance of the City shall cause the expenses of issuance of the Certificates to be paid from the proceeds of We of the Initial Certificate or from other lawfully available funds of the Issuer. In case any officer whose signature shall appear on any Certificate shall cease to be such officer before the delivery of such Certificate, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. Section 21, OPEN MEETINGS, The City Council has found and determined that the meeting at which this Ordinance is considered is open to the public and that notice thereof was given in accordance with the provisions ofthe Texas Open Meetings, Lew, Tex. Govt. Code, Chapter SS 1, as amended. i Section 22. EFFECTIVE DATE, This Ordinance sfAll become effective immediately upon its passage and approval. • ' I I A 4 sa r i (3 I i PASSED AND APPROVED this the 23rd day of Much, 1999. ATTEST: lack Miller, Mayor i Jennifer Walters, City Secretary APPROVED AS TO LEGAL FORM Herbert L. Prouty, City Attorney Jay: i t 644 v ' r i , i t f c EXHIBIT A DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following Information Is referred to in Section 19 of this Ordinance: Annual Financial Statements and Operating Data The fina;,cW information and operating data with respect to the Issuer to be provided annually in accordance with such Section are as specW (and included in the Appendix or under the tables of the Official Statement referred to) below: Tables numbered 1 through 14, inclusive, under the captions "Tax Information", "Debt Service Requirements" and "Financial Information" In the Official Statement. Appendix B in the Official Statement Accounting Principles The accounting principles referred to in such Section are the accounting principles described in the notes to the financial statements referred to in the paragraph above. t i 3/ U t~ AQ1~ ~ CITY OF DENTON CITY COUNCIL MINUTES November 17, 1998 q After determir ng that a quo= was present and convening in an open meeting, the City Council convened in a Closed Meeting on Tuesday, November 17, 1998 at 5:15 p.m, in the Council Work Session Room a\City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance, Krisloferson and Young, ABSENT: None 1. The Council considered the following in Closed Meeting: A. Conference with Employees - Under TEX. GOVT. CODE Sec. 551.075. The Council received information from employees during a staff conference or briefing, but did not deliberate during the conference The Council convened into a Regular Meeting on Tuesday, November 17, 1998 at 6:00 p.m. In the Council Chambers of City Hall. PRESENT: Mayor Miller; Mayor Pro Tern Beasley; Council Members Burroughs, Cochran, Durrance, Kdsloferson and Young. ABSENT: None 1. Pledge of Allegiance The Council and members of the audience recited the Pledgeof Allegiance to the U.S. and Texas flags, f 2. The Council received a presentation from Kirk Hemphill regarding Census 2000. Mr. Hemphill stated that the Census wanted to partner with the City for the upcoming census taking in April 2000, It was felt that advanced notice would help the Bureau receive the correct information regarding the Census. That would help the City receive all of the Information it could. The Bureau was hiring workers In local communities to help with the taking of the census. PRES E NTATI ON SIA WARDS 3. Proclamations Mayor Miller presented a proclamation for Denton Family Week. r+ , CITIZEN REPORTS 4. The Council received a report from Ross Chadwick and family to say thanks. Mr. Chadwick and family thanked the citizens, staff and fellow employees for their support during their time of need after the fire In their home. ' c< ci City of Denton City Council Minutes November 17, 1998 Page 2 5. The Council received a report from Margaret Tillman regarding rezoning an area thet was in a I00•year flood plain Ms, Tillman was not present at the mating. I 6. The Council received a report from Becky Parton regarding the City's policy on animal releases as it related to animal welfare organizations. Mg. Parton slated that she would like to see the ordinance changed to benefit animal adoption. One factor in the destroying of animals was the method of adopting the animals. Currently an organization had to adopt an animal as an individual, pay the fee, etc, and do the paperwork to adopt the animals. Prepaid vet bills were also a problem. Her proposal was to allow animal welfare groups to have the ability to transfer an animal out of the shelter without having to pry the fees associated with the adoption of the animals. Denton residents would be first in the adoption of animals and the ort Anizations would only be dealing with the animals scheduled to be destroyed. 7. The Council received a report from Amber Pearson regarding the need for more bike lanes in Denton. i Ms. Pearson stated that more bike lanes were needed in the City of Denton. Those lanes would provide easy access to downtown and would provide safe transportation to children and others using such lanes. She did not have all the answers on how to do this but was willing to work with staff to develop where to place the lanes and to keep up maintenance of he lanes. Council Member Durance indicated that he would suggest a future work session item to consider bike lanes on Highway 380 and other major arterials in the City. ' NOISE EXCEPTIONS 8. The Council considered a request for in exception to the noise ordinance for a wedding reception to be held at Fair Hall on the North Texas Fairgrounds on Thuru'..ry, November 19, 1 1998. " Beasley motioned, Young seconded to approve the exception. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", ar.d Mayor Miller "aye Motion carried unanimously. CONSENT AGENDA Durrance motioned, Beasley seconded to approve the Consent Agenda and accompanying r t ; c ordinances. On roll vote, Beasley "aye", Burroughs "aye", Durrance "aye", Kristoferoon "aye", Young "aye", and Mayor Miller "aye", Motion cared unanimously. ,Jl c. City of Denton City Council Minutes November 17, 1998 Page 3 9. NO. 98-375 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER 03 TO A LEASE AGREEMENT FOR PC'S, MONITORS AND PERIPHERAL EQUIPMENT BETWEEN THE CITY OF DENTON AND IBM CORPORATION; PROVIDING FOR AN INCREASE IN THE QUANTITY OF ITEMS AND AN INCREASE IN THE ANNUAL LEASE PAYMENT AMOUNT; AND PROVIDING AN EFFECTIVE DATE. (Lease #2045 to IBM Corporation in the amount of $1,130,274.26 + Change Ordcr #3 in the amount of $1.4,276.00) 10. NO. 98-376 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER #1 TO THE CONTRACT FOR ACQUISITION, LICENSURE AND MAINTENANCE OF COMPUTER, SOFTWARE AND SUPPORTING INFORMATION OF THE CUSTOMER INFORMATION SYSTEM (CIS) BETWEEN THE CITY OF DENTON AND HARRIS COMPUTER CORPORATION; PROVIDING FOR A CHANGE IN THE CONTRACT AMOUNT; AND PROVIDING AN EFFECTIVE DATE. (RFSP #2102 CIS SOFTWARE AWARDED TO HARRIS COMPUTER CORPORATION - CHANGE ORDER 41 IN THE AMOUNT OF $127,194.00) i 11. NO. 98.377 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE PAYMENT BY THE CITY OF DENTON FOR I PLANNED LOSSES ASSOCIATED WITH ELECTRICITY TRANSMISSION TO THOSE UTILITIES PROVIDING ENERGY TRANSMISSION AS SERVICES TO ' THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE. (CHECK REQUEST TO TU ELECTRIC DATED 10-29-98 IN THE AMOUNT OF $77,428.19) 12. NO. 98-378 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF A PUBLIC WORKS CONTRACT FOR THE ANNUAL CONTRACT FOR CONCRETE WORK; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (DID 02281 - ANNUAL CONTRACT FOR CONCRETE WORK AWARDED TO CALVERT PAVINO CORPORATION IN THE ESTIMATED AMOUNT OF $350,000.00) 13. NO. 98-379 f AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR NORTH LAKES AND DENIA RECREATION CENTER or EXPANSION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2287 - NORTH LAKES AND DEN1A RECREATION CENTER EXPANSION AWARDED TO MCWILLIAMS ENTERPRISES, INC., IN THE AMOUNT OF $1,399,400.00) i SCity of Denton City Council Minutes November 17,1998 Page 4 14. NO. 98-390 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE 1999 QUARTERLY PAYMENTS BY THE CITY OF DENTON FOR A SOLID WASTE PERMIT FEE CALCULATED AT 3.5% OF REFUSE COLLECTION FEES TO THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE, (PO #90910 TO TEXAS NATURAL RESOURCE CONSERVATION COMMISSION (TNRCC) IN THE AMOUNT OF S 130,000.00) 15. NO, 98.381 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH LOUIS BERGER & ASSOCIATES, INC. FOR SERVICES RELATING TO THE VALUATION OF ELECTRIC TRANSMISSION AND DISTRIBUTION SYSTEM; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (RFSP 02286 - VALUATION OF ELECTRIC TRANSMISSION AND DISTRIBUTION SYSTEM AWARDED TO LOUIS BERGER & ASSOCIATES, INC. IN THE AMOUNT OF $95,000.00) 16. NO. 98-392 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH WORKER'S ASSISTANCE PROGRAM, INC. FOR AN EMPLOYEE ASSISTANCE PROGRAM; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (RFSP #2277 - EMPLOYEE ASSISTANCE PROGRAM AWARDED TO WORKER'S ASSISTANCE PROGRAM, INC. IN THE ESTIMATED AMOUNT OF SI5,710,88) I 17. NO. 98-383 i AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASE OF MATERIALS, SUPPLIES AND SERVICES FOR THE PURPOSE OF MAINTAINING A KODAK 1S 70 NCEA COLOR COPIER WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STA'i E LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENI'S OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. (PO #90834 TO DANKA IN THE AMOUNT OF $26,760.00 PER YEAR; TOTAL AWARD 580,280.00) k 18. N0.98.3°4 AN ORDINANCE AWARDING A CONTRACT FOR THE PUt(CHASE OF A 70 PAGE PER MINUTE COLOR PRINTER/COPIER AS AWARDED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION; PROVIDING FOR THE I I l M `U I i Ili II I City of Denton City Council Minutes November 17, 1998 G Page 5 EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (PO #90833 TO DANKA IN THE AMOUNT OF $95,075.00) 19. NO. 98-385 AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF A MINOLTA CF900 COLOR COPIER AND ACCESSORIES AS AWARDED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (PO #90835 TO MINOLTA IN THE AMOUNT OF $32,830.00) 20. NO. 98-386 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF TREE TRIMMING ON MISCELLANEOUS ELECTRIC LINES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2288 - TREE TRIMMING AWARDED TO NORTH TEXAS TREE DBA HORTON TREE SERVICE IN THE ESTIMATED AMOUNT OF $50,000.00) } 21, NO. 98-387 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF FIRE FIGHTER STATION/WORK UNIFORMS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2289 - FIRE FIGHTER STATION/WORK UNIFORMS AWARDED TO CASCO INDUSTRIES IN THE APPROXIMATE AMOUNT OF $35,000.00) 22, NO. 98-388 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE RENTAL OF APPROXIMATELY 3,000 SQ. FT. OF OFFICE SPACE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID 02296 - RENTAL OF APPROXIMATELY 3000 SQ. FT. OF OFFICE SPACE AWARDED TO DENTON I AREA TEACHERS CREDIT UNION IN THE AMOUNT OF $3,000.00 PER MONTH OR $36,000.00 PER YEAR) 23. NO. 98-399 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A SEWER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND BEL AIR DEVELOPMENT, LTD. FOR PARTICIPATION IN THE OVERSIZING OF A SEWER MAIN AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. t~ City of Denton City Council Minutes November 17,1998 Page 6 PUBLIC HEARINGS 24. The Council held a joint City Council/Planning and Zoning Commission public hearing to hear comments regarding the draft interim Condor Ordinance. Dave Hill, Director of Planning and Development, stated that this would be ajoint public hearing with the Planning and Zoning Commission regarding the Corridor Ordinance. There were two types of corridors defined - gateways and entranceways. Entranceways consisted of U.S. highways or farm-to-market roads that had less traffic capacity than the gateways. The designation for Highway 380 was changed from a gateway to an entranceway, A joint meeting with the Planning and Zoning 0%nmission was required due to the alternative notification process used that notified property owners outside the normal notification area. The draft ordinance combined a site plan review process with design guidelines to allow consideration of individual properly features and development characteristics. Specific site plan information for Planning and Zoning Commission and City Council review and approval would have to be submitted by the property owners. Unless accompanied by a request for a zoning change, planned development detailed plan, or specific use permit, the site plan review procedure would not require a public hearing. The time for processing would be reduced to 2-3 weeks dependirg on the proposal. Another major difference was that only the portion or land inside the corridocs would be affected, if a property owner were expanding a current structure or developing a new I structure and those activities took place entirely outside the corridor, it would be exempt from a site plan review. The purpose of this meeting was to receive public comments on the revised ordinance and no formal action would be taken. City Council action was anticipated for December 81h with an effective date of March 15, 1999 for the ordinance. That would allow current projects to be completed. Included in the agenda materials was a letter from the Chamber 1 of Commerce endorsing the ordinance with the exception of limited visibility uses. Staff had provided Council with a technical opinion of that section of the ordinance. Limited visibility land uses were In the original ordinance and was not negotiated with the Chamber. The basic function of the proposed ordinance would not be impacted whether that section was in the ordinance or not. Council Member Young asked about a grandfather clause. (till stated that there were no retroactive provisions In the ordinance. Any existing legally established use would remain that way. If an existing business were expanded by 2S% or less, it would be exempt from the provisions of the ordinance. Council Member Young asked if studies on this issue had been done in Texas and questioned if there was a city in this area that might have a similar ordinance. If so, ha! any of those cities had lawsuits filed in connection with their ordinance. Hill slated that there were other communities in the area with similar regulations such as South Lake and Plano. Council had been provided exact copies of those ordinances. If the provisions stated that the regulations were for aesthetic quality, a defensible provision was established. The Mayor opened the public hearing. c t c. t City of Denton City Council Minutes November 17, 1998 Page 7 The following individuals spoke during the public hearing: Joe Winkle, 1907 Virginia Street, Denton, 76101 - opposition Clyde Fisher, Miller Beer Distributor In Denton County - opposition Zeke Martin, 17 12 S. Bonnie Brae, Denton, 76205 - opposition Michael Denis, Denton Regional Medical Center-supported Chamber position Dave Greenlee, P.O. Box 2628, Fort Worth, 76113 - opposition Les Holland, 3760 Holland Lane, Denton, 76208 - opposition Valorie Meredith, 3428 Teasley Lane, Denton, 76205 - opposition Alice Pockrus, 3909 S 135-E, Denton, 76205 - opposition John Weber, 1300 Lindsay Street, Denton, 76205 - favor George Highfill, 3204 Windy Hill, Denton, 76201 - representing Chamber. neutral Joe Mulroy,119 Ridgecrest, Denton, 76205 - support Melvin Haisier, 4500 N. Locust, Denton, 76207. opposition Roy Wilshire, Hunt Petroleum Corp. - opposition Tom Silva, 2201 Longmeadow Street, Denton, 76201 - neutral Tom Farlow, Ft, Worth Drive, Denton, - opposition Mayor Miller Indicated that he had speaker cards from the following individuals who did not wish to address the Council: J.B. and Shirley 11aisler, 1200 Cowling Road, Sanger, 76266 - opposition Weldon Burgoon, 345 E. Hickory, Denton, 76201 - opposition Bill £nlow, 1206 Shady Rest, Corinth, 76208 - opposition J Tony Clark, 3516 Belmont, Denton, 76205 - favor pith deletion of Section 8 1 Dick Smith, 1903 Maid Marian, Denton, 76201• favor with deletion orSection 8 Bill Check, Jr., 1200 vista Verde, Denton, 76205 - opposition Jesse Coffey, 3513 Granada Trail, Denton, 76203 - opposition i The Mayor closed the public hearing. 25. The Council held a public hearing to hear citizen comments regarding the drat! Growth Management Strategy. 'The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. i 26. The Council held a public hearing and considered a request to rezone a 2,267-acre tract of land from an agricultural (A) zoning district to a Light Industrial (L1) zoning district. The property was located In east Denton on the east side of Mayhill Road, approximately 400 feet north of E. McKinney Street (FM 416). Expansion of an existing business was proposed. (The Planning And Zoning Commission recommended approval 5-0.) (Z-98-411, 104 A14y6111) Dave Hill, Director of Planning and Development, stated that this rezoning request was located ff 1 tIII/ I City of Denton City Council Minutes November 17,1998 Page 8 in east Denton with a requested change from agriculture to light-industrial zoning. An expansion of an existing business was the reason for the request. Because the property was annexed as agriculture, the use was considered a legal non-conform):.g use. The ar+!icen+ was asking for rezonin; to accommodate a small expansion for additional warehouse space. The light industrial zon!ng would permit the current operation of the business and allow for expansion in the future. There were four conditions recommended by the Planning and Zoning Commission as indicated in the back-up materials. The most Important condition was that the total developed floor area would not exceed a 3 to l ratio. The other three other conditions were designed to minimize the impact on neighboring homes. The Mayor opened the public hearing, No one spoke during the public hearing, The Mayor closed the public hearing, The following ordinance was considered, NO, 98.390 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE LIGHT INDUSTRIAL CONDITIONED (LI[c]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 2.267 ACRES OF LAND LOCATED EAST OF MAYNILL ROAD, APPROXIMATELY 400 FEET NORTH OF EAST MCKINNEY STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Kristoferson motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller 11aye'. Motion carried unanimously. 27. The Council held a public hearing and considered rezoning 33.116 acres from a Planned Development (PD) zoning district to a Conditioned Commercial (C[c]) zoning district. The 33.776 acre properly was legally described as being part of Block IU, Wimbleton Village, Phase V, part of Block 11, all of Block 12, and part of Block 13 Wimbleton Village Phase IV, and all or the dedicated right-of-way known as Walden Place (shown on the revised plat of Wimbleton Village, Phase IV, now legally vacated). It was located on the south side of 1.35E, east of State School Rd. The purpose was to expand an auto sales and service dealership. (The Planning and Zoning Commission recommended approval 3•0 with conditions.) (Z-0-051, Jumea Wood 1 r Awo) Dave Hill, Director of Planning and Development, stated that this request was to rezone 33.776 acres from planned development to conditioned commercial. The change was needed In order to expand an auto sales and service dealership. The Planning and zoning Commission recommended approval with 4 conditions as noted In the agenda materials. The 201/. rule was /y City of Dcnton City Council Minutes November 17, 1998 Page 9 not in effect for this case. Two neighborhood meetings were held with no one attending the first and the applicant holding the second at his own accord. At this time the properly was not platted. The Mayor opened the public hearing. James Wood stated that landscaping would be at the front of property so as to better serve the neighbors. The back portion of the property would not be developed at this time so as to have room for future expansion if needed, Vicki McCombs stated that she was in favor of the proposal. Mr. Wood had done a great job dealing with the neighbors. He had voluntarily changed the current lighting so as to not interfere with the neighbors. Don White stated that he was in favor of the proposal, The Mayor closed the public hearing. The following ordinance was considered; NO. 98-391 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM PD-12 ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO CONDITIONED COMMERCIAL (C(c)) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 33.776 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF 1.35e, EAST OF STATE SCHOOL ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000,00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Burroughs motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "ayc", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye', and Mayor Miller "aye". Motion earricd unanimously. 28. The Council held a public hearing and considered rezoning 1,5694 acres at 3805 W. University from in Agricultural (A) zoning district to an Office (0) zoning district. The 1.5694• acre property was legally described as Lot One (1), Block One (1) of the Bethel Temple Parsonage Addition. 11 was located on the south slde of University (U.S, 380) at the T- intersection of Marshall Road and University. The proposal was to allow for a photographer's studio and single family restricted dwelling on the same tract. (The Planning & Zoning < Commission recommended approval 4-0 wi.h conditions.) (Z-98-016) Dave Hill, Director of Planning and Development, stated that five conditions were recommended by the Planning and Zoning Commission as noted in the agenda materials. The 20% rule was not in effect for this proposal. The property was platted but would have to be replatted prior to development. C 1 City of Denton City Council Minutes November 17, 1998 Page 10 The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing The following ordinance was considered; NO. 98-392 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURE (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO OFFICE (0) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 1.569 ACRES OF LAND LOCATED AT 3803 W. UNIVERSITY; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. 1 Kristoferson motioned, Cochran seconded to adopt the ordinance with the condition that any sign i not exceed 6 feet. Oa roll vole, Beasley "aye', Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "nay", and Mayor Miller "aye". Motion carved with a 6.1 vote. 29. The Council held a public hearing and considered rezoning 15.088 acres, amending the approved concept plan and approving a detailed plan for PD-132 zoning district: , A. rezoning 15.088 acres from an Agricultural (A) zoning dislsicl to Planned Development 132 (PD-132) zoning district; b. amending the approved concept plan. The proposed concert plan contained 428 acres and included a combination of single-family, multi-family, community facility, school, general retail and open space (parks) land uses; and 1 C. approving a detailed plan The detailed plan contained 138 acres and included single-family land uses located in the southern portion of the zoning district. The district extended north from Shady Shores Road Just north of 1.35 East and the east of Swisher Road (The Planning and Zoning Commission recorwncndod approval 7.0 with conditions.) (L- 93-011 and7.-98-017, TbePresemr) r Dave Hill, Director of Planning and Development, slated this was a public hearing to consider rezoning 15.08 acres to add to PD 132. This was property that the Council had recently ! 1~. approved the annexation with the intent to add it to the Preserve Planned Development, The proposal would also amend the approved concept plan. The second part of the proposal was to approve a 139 acre detailed plan The change requested was for a mix of permitted uses for SF- MF, a community facility, a school, general retail and open space including parks as land uses. Since the approval by the Planning and Zoning Commission, the project had been delayed due to i• City of Denton City Council Minutes November 17, 1998 u Page I I the applicant dealing with transportation issues and school impacts. The 20% rule was not in effect. A neighborhood meeting was held in August with more than 30 people attending, most were residents of Corinth or Shady Shores. Transportation improvements had to be done before development of the property was started. The concept plan amendment did not significantly change the character of the original concept plan. There was a decrease in non-residential square footage from the original concept plan plus a decrease in general retail and neighborhood service by nearly 2D0,000 square feet. The previous concept plan for Soutltvdew contained 18 acres for parks and open :pace and this proposal contained 67,5 acres for park land that was well above the requirement of the park dedication ordinance. Both plans provided for the location of a school site. A letter from the DISD Indicated that a 15-acre site had been donated to the DISD for an elementary school site. The tra"fic impact analysis was the most complicated portion of the proposal. There was a list of 18 improvements and what would trigger those improvements before a building permit would be approved. That list was included in the agenda materials. The Mayor opened the public hearing. John Wilson stated that the approach for this proposal was to look at t.,a land and identify what made the land unique. This property was on a tributary of Pecan Creek that ran north to south in the property. They had spent a large amount of time on the property to help develop the property to its best use, They dealt with five principles of development, The first was preservation of nature 1 W this proposal used a preservation of a trail theme. The second principle dealt with a family and recreation based community. There would be a diversity of community recreational facilities in this proposal. Community support facilities was the third principle. Schools, daycares, community gathering facilities and small retail shopping would be included in this proposal. The fourth principle wua diversity of neighborhoods. This proposal included diversity of housing products i from townhomcs to different single family lot sizes. The Iasi principle was a visual theme that would tc created in the community with fencing, lighting, signage, etc, This would be a multi. mo'ude community with hiking, biking, etc, Mark I • ck stated that the goal of the proposed community was that it would not be a straight housing community. The split road would give a feeling of open space and natural settings. They had held four neighborhood mectings in the area with a diverse group participating in those meetings. They had tried to address all concerns of those present at those meetings. Three months ago they had started working with the DISD for a school site in area, He felt the DISD was happy with the agreement for the 15-acre site of an elementary school. Puri of the transportation analysis and related items would be triggered by development of Tracts 11 and 1. There was a broad range of housing In the proposal. Nancy Ustick stated that she had participated In several meetings with the developer and had been kept updated regarding the development. This project would be a leader In the community. She wus in favor of the proposal. The Mayor closed the public hearing. i The , flowing ordinances were considered, I t, City of Dcnton City Council Knutes November 17, 1998 " Page 12 NO. 98-393 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AN AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 15.088 ACRES OF LAND LOCATED ON THE EAST SIDE OF SWISHER ROAD AND IMMEDIATELY WEST OF THE INTERSECTION OF SWISHER ROAD AND EDWARDS ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF 52,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. NO. 98-394 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE APPROVAL OF AN AMENDED CONCEPT PLAN FOR PLANNED DEVELOPMENT 132 (PD 132) ZONING DISTRICT, AS THE 427,616 ACRES DESCRIBED IN EXHIBIT "A" APPLY TO THE 414.9 ACRES OF LAND DESCRIBED IN ORDINANCE 89.101 AND ORDINANCE SS-166; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.10 FOR VIOLATIONS THEREOF. AND PROVIDING FOR AN EFFECTIVE DATE. NO. 98495 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE APPROVAL OF A DETAILED PLAN FOR 138.992 ACRES LOCATED WITHIN PLANNED DEVELOPMENT 132 (PD 132) ZONING DISTRICT; THE SUBJECT PROPERTY IS LOCATED NORTH OF SHADY SHORES ROAD JUST NORTH OF 1- 33 EAST AND EAST OF SWISHER ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000,00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE, Young motioned, Burroughs seconded to adopt the above ordinances. On roll vow, Beasley "aye". St -Toughs "aye", Cochran "aye", Durrance "aye", Kristorerson "aye", Young "aye", and Mayor Miller "aye', Motion tarred unanimously. ITEMS FOR INDIVIDUAL. CONSIDERATION 30. The Council considered adoption of an ordinance of the city of Denton, Texas, amending Chapter 31 "Landscape" of the Code of Ordinances of the City of Denton providing for new standards for applicability of ordinance when remodeling, redeveloping or reconstructing; t, providing for a new list of exclusion from the ordinance; providing for new measuring of trees (l' under tree requirements and providing new credits for preservations of trees; providing definition for landmark tree and procedure for designation; providing for new replacement requirements on public r,opcrty; providing for an alternttive landscape plan; providing o penalty in the maximum amount of 5500,00 for violations thereof; providing a severabitity clause; providing a savings clause and providing for an effective date. (Planning & Zoning recommended approval 4.0.) City of Denton City Council Minutes November 17, 1998 Page 13 Dave Hill, Director of Planning and Development, stated that this was the final action for amendments to the current landscape ordinance. There had been extensive discussion regarding each item identified in various staff reports. At the Council's last work session staff had been asked to look at a list of plant materials and whether or not certain species should be added for tree credits. The appropriate tables had been amended to allow anything on the list to be used for tree credit. If a plant were alive and healthy it would be allowed for tree credit, Council Member Young asked if there would be a change in the 20% rule. Hill stated that there was a lot of discussion at the last work session regarding the formation or a task force. Steff indicated that they would look Into the formation ora task force, That item was tabled to a date uncertain. The following ordinance was considered: NO. 98-396 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 31 "LANDSCAPE" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON PROVIDING FOR NEW STANDARDS FOR APPLICABILITY OF ORDINANCE I WHEN REMODELING, REDEVELOPING OR RECONSTRUCTING; PROVIDING FOR A NEW LIST OF EXCLUSION FROM THE ORDINANCE; PROVIDING FOR NEW MEASURING OF TREES UNDER TREE REQUIREMENTS AND PROVIDING NEW CREDITS FOR PRESERVATIONS OF TREES; PROVIDING DEFINITION FOR LANDMARK TREE AND PROCEDURE FOR DESIGNATION; PROVIDING FOR NEW REPLACEMENT REQUIREMENTS ON PUBLIC PROPERTY; PROVIDING FOR AN ALTERNATIVE LANDSCAPE. PLAN; PROVIDING A PENALTY IN THE MAXIMUM AMOUNT OF $300.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILiTY CLAUSE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Beasley motioned, Burroughs seconded to adopt the ordinance. Council Member Young stated that he had been againrt the ordinance from the beginning and still supported the idea of a task force. He felt the business community had not had enough input into the ordinance. On roll vote, Beasley "aye", Burroughs "ayc", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "nay", and Mayor Miller "aye", Motion carried with a 6.1 vote. 31. The Council considered adoption of an ordinance suspending the proposed rate increase in the statement of in;cnt filed by Lone Star Gas Company for the rates for sales of natural gas to residential and commercial consumers in the City of Denton, Texas on October 23, 1998, for 90 days beyond the intended effective date; adopt',-tg declarations and findings in the preamble; providing the reasons therefore; providing it severability clause; and providing for an effective date. City of Denton City Council Minutes November 17, 1998 Page 14 City Attorney Prouty stated that this ordinance would suspend Lone Star Gas' application for a rate increase for 90 days from the effective date of November 27th, That would allow Council reasonable time to investigate the request and determine whether or not a rate Increase was reasonable. If the increase were granted, Lone Star Gas would experience an increase in annual revenue by $476,000 per year or a 6.24% increase. There would be a slight decrease for commercial rates and overall residential rates might be larger or smaller than 614 % depending on usage. Staff was recommending the hiring of a rate expert to investigate this request. Council Membe; Burroughs stated that the agenda item did not include approving a rate consultant. City Attorney Prouty stated that staff had indicated in the back-up materials a recommendation to hire an outside consultant, There was also one finding in the "whereas clauses" indicating the necessity to hire a rate expert to analyze the request. Council Member Young felt that this could be done in-house without an outside consultant. Kirk King, Lone Star Gas, stated that he was in suppo,l of the proposal and would work closely with staff to review the rate request. The last rate increase by lane Star Gas was done in 1981, Council Member Cochran stated that he was in favor of the extension. He questioned doing the rate review in-house, He asked what recourse Lone Star Gas would have if the City's Assessment were different from what Lone Star was requesting. City Attorney Prouty stated that Lone Star could appeal to the Railroad Commission if there was no agreement on a rate Increase Council Member Cochran stated he would prefer to do the study in-house rather than with an ' outside consultant. Mayor Pro Tem Beasley asked for the reason for an outside consultant, Kathy DuBose, Assistant City Manager for Finance, stated that rate making and rate changes required a long period of time and required an expertise In that area. The follo•ving ordinance wss considered: NO. 99-391 AN ORDINANCE SUSPENDING THE PROPOSED RATE INCREASE IN THE STATEMENT OF INTENT FILED BY LONE STAR OAS COMPANY FOR THE RATES FOR SALES OF NATURAL OAS TO RESIDENTIAL AND COMMERCIAL CONSUMERS IN THE CITY OF DENTON, TEXAS ON OCTOBER 23,1998, FOR 90 DAYS BEYOND THE INTENDED EFFECTIVE DATE; ADOPTING DECLARATIONS AND FINDINGS IN THE PREAMBLE; PROVIDING THE REASONS THEREFORE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. i Jl 1 t~ \s City of Denton City Council Minutes November 17, 1998 Page 15 Mayor Pro Tem Beasley motioned to adopt the ordinance and hire an outside rate expert to assist in reviewing the rates. Council Member Durrance seconded the motion and stated that this was a complex area with many legal aspects. Council Member Cochran felt that the City was capable of reviewing the rate and determining If the proposal was not adequate. The issue was rate of return on investment in the City and not the setting of rates. Council Member Burroughs felt that if staff was not comfortable reviewing the rates, a consultant should be hired. On roll vote, Beasley "eye", Burroughs "aye", Cochran "aye", Durrance "aye', Kristoferson "aye', Young "nay", and Mayor Miller "aye", Motion carried with a 6.1 vote, 32. The Council considered adoption of an ordinance approving a real estate contract between the City of Denton and State Street Bank and Trust Company as trustee for the electronic data systems corporation retirement plan and trust, relating to the purchase of 0.835 acre of land for the expansion of U.S. Highway 77 (Parcel 11); authorizing the expenditure of funds therefore; and providing an effective date. The following ordinance was considered; N0.98-398 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE , CITY OF DENTON AND STATE STREET BANK AND TRYST COMPANY AS TRUSTEE FOR THE ELECTRONIC DATA SYSTEMS CORPORATION RETIREMENT PLAN AND TRUST, RELATING TO THE PURCHASE OF 0.835 ACRE OF LAND FOR THE EXPANSION OF U.S. HIGHWAY 77 (PARCEL 11); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. Cochran motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye', Kristoferson "aye", Young "aye", and Mayor Miller "aye'. Motion carried unanimously. 33. The Council considered adoption of an ordinance authorizing the City Manager to execute a personal services contract with Roger Wilkinson to provide technical support for the acquisition of right-of-way parcels and utility easements relating to the U.S. Highway 77 project; authorizing the expenditure of funds therefor; and providing an effective date. The following ordinance was considered: I I p City of Denton City Council Minutes s November 17, 1998 Page 16 NO. 98-399 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PERSONAL SERVICES CONTRACT WITH ROGER WILKINSON TO PROVIDE TECHNICAL SUPPORT FOR THE ACQUISITION OF RIGHT-OF-WAY PARCELS AND UTILITY EASEMENTS RELATING TO THE U.S, HIGHWAY 77 PROJECT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, Durrance seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye', Cochran "aye", Durrance "aye", Kristoferson %ye", Young "aye", and Mayor Miller "aye'. Motion carried unanimously. 34. The Counci' considered adoption of an ordinance abandoning a certain t6 foot drainage easement consisti:.g of 1,924 square feet of land on the east side of Bridges Road, approximately 535 feet north of Spencer Road, situated within property recorded in the deed records of Denton County, TL cm at Volume 960, Page 723, and described as a part of the M.E.P. & P. RR Survey, Abstract 927; and providing for an effective date. The following ordinance was considered: i i NO, 98-400 AN ORDINANCE ABANDONING A CERTAIN 16 FOOT DRAINAGE EASEMENT f CONSISTING OF 1,924 SQUARE FEET OF LAND ON THE EAST SIDE OF +1 BRIDGES ROAD, APPROXIMATELY 535 FEET NORTH OF SPENCER ROAD, SITUATED WITHIN PROPERTY RECORDED IN THE DEED RECORDS OF DENTON COUNTY, TEXAS AT VOLUME 960, PAGE 723, AND DESCRIBED AS A PART OF THE M.E.P. & P. RR SURVEY, ABSTRACT 927; AND PROVIDINO FOR AN EFFECTIVE DATE. Kristoferson motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "eye", Young "aye", and Mayor Miller "aye'. Motion carried unanimously. 33. The Council considered adoption of an ordinance amending Chapter 29 of the Code of Ordinances of the City of Denton, Texas to provide for the adoption of the Uniform Fire Code, 1997 Edition; providing for amendments thereto; re-establishing permit fees; providing for a penalty in the amount of SI,000 for violations thereof; providing for a severability clause; repealing all ordinances in conflict therewith; and providing for an effective date. .h , The following ordinance was considered: 1 r NO. 98-401 AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR THE ADOPTION OF THE I City of Denton City Council Minutes November 17, 1998 Page 17 UNIFORM FIRE CODE, 1997 EDITION; PROVIDING FOR AMENDMENTS THERETO; RE-ESTABLISHING PERMIT FEES; PROVIDING FOR A PENALTY IN THE AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE Cochran motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye', Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 36, The Council considtred adoption of an ordinance of the City of Denton, Texas appointing Sharon Mays to act as the designated representative and Guy Phil Rennaker to act as the alternate designated representative for the City of Denton, Texas, in order to effectuate the requirements of federal regulations and laws relating to the "Acid Rain Program" under the 1990 Amendments to the Federal Clean Air Act; authorizing the City Manager to execute the designated representative agreement, and providing an effective date. The following ordinance was considered: N0.98-402 AN ORDINANCE OF THE CITY OF DENTON. TEXAS APPOINTING SHARON MAYS TO ACT AS THE DESIGNATED REPRESENTATIVE AND GUY PHIL RENNAKER TO ACT AS THE ALTERNATE DESIGNATED REPRESENTATIVE FOR THE CITY OF DENTON, TEXAS, IN ORDER TO EFFECTUATE THE REQUIREMENTS OF FEDERAL REGULATIONS AND LAWS RELATING TO THE "ACID RAIN PROGRAM" UNDER THE 1990 AMENDMENTS TO THE FEDERAL CLEAN AIR ACT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE DESIGNATED REPRESENTATIVE AGREEMENT, AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "syc". Motion carried unanimously. 37. Miscellaneous matters from the City Manager. City Manager fez did not have any items for Council, 38. New Business The following items of New Business mere suggested by Council for future agendas: .IJ A. Council Member Cochran stated that PD-86 was not addressed by the alternate overlay zoning proposal of adequate service proposal. He requested overlay zoning not less than SP-10 prior to the adoption of the comprehensive ordinance for PD-86. He also requested staff look into the creation of an overlay ordinance to fit over PD 86 permitting SF-10 and above in t t. City of Denton City Council Minutes November 17, 1998 Pdge Is the residential category. Council Member Kristoferson questioned if it was only for PD-86 or all planned developments. Council Member Cochran indicated that he was only concerned about PD-86 because of the amount of comments he had received from citizens. He did feel there were others that were not adequately taken care of by the adequate service proposal. He asked the other Council Members to bring vp any other planned developments they were concerned with to the staff for consideration. The staff proposal for adequate service was good but did not serve all of the planned developments. Council Member Kristoferson suggested having staff bring back a draft ordinance to determine how quickly the process could move on this. The adequate facilities ordinance did not have a lot of available information regarding it for review. Council Member stated that if Council was going to consider how to apply growth management strategies and what tools might be available, not only in the interim but also in addition to tho adequate facilities public services ordinance, ss it related to the Interim ordinance. B. Council Member Durmnce suggested discussing the possibility of coordinating I with TxDot the widening of University to Loop 288 to 1-35 regarding multi-module transportation means such as bike lanes, etc. Council Member Cochran suggested including a pedestrian crossings across Unive,.-aity Drive ~I 39. There was no continuation of Closed Meeting under Sections 351-071-SS 1.085 of the Texas Open Meetings Act. 40. There was no or icial action on Closed Meeting items held under Section 351-071- 551.085 of the Texas Open Meetings Act. With no fLnhcr business, the meeting was adjourned at 12:00 midnight. JACK MILLER, MAYOR CITY OF DENTON, TEXAS r~ JENNIFER WALTERS CI] Y SECRETARY CITY OF DENTON, TEXAS Apttndlt print .71d 4 AGENDA INFORMATION SHEET Dab AGENDA DATE: March 23, 1999 DEPARTMENT: City Manager's Oflice CM: Michael W. lez, City Manager, 349.830 SUBJECT Consider a request for an exception to the noise ordinance for the Denton Unit of the American Cancer Association for the annual Relay for Life to be held Saturday, April 17, 1999, at Fouts Field from 12,00 Noon to 12:00 midnight BACKGROUND The Denton Unit of the V the American Cancer Society is sponsoring the fourth annual i Relay for Life at the University of North Texas' Fouts field on Saturday, April 17, 1999, from 12:00 p.m. (noon) to 12:00 a.m. (midnight). Teams made up of ten to fifteen participants representing all areas of the community will walk or run on the track for twelve hours. Each team member solicits donations to sponsor them in this event. Last year sixty-five teams participated in the Relay for Life. During the entire time, a full schedule of games, activities, music and entertainment will be in progress on the football field. The main source of noise will be from amplified sound from the stadium loudspeakers for announcements and entertainment. This event was held last year at Fouts Field and no complaints were received. As you know, the noise ordinance declares loudspeakers, amplifiers, and musical instruments a noise nuisance, particularly after 10:00 p.m. Monday through Saturday and anytime on Sunday (Attachment 3). The ordinance does, however, provide that the City Council may make exceptions when the public interest ig served. The organizers have been informed that should Council approve this request, responsible use of K amplified sound is still required by Section 20.1 of the City of Denton Code of Ordinances. In particular, Section 20-1(a) states: It shall ix unlawful for any person to make or cause any unreasonably loud, f disturbing, unnecessary noise which causes or may cause material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof. j 1 ~ II c, PRIOR ACTION/REVIEW (Council. Hoards. Commissional None. i FISCAL INFORMATION None. { Respectfully submitted: i I Se Will' s Assistant to the City Manager 1 Attachments: 1, Request from LaVona Duyea, Co-Chairman Relay for Life Committee 2. Noise ordinance 2 % t' t• RE LAY O 3109 Westgate Drive ton, Texas 76207 20 February 199? UM Den r Denton City Council IN 215 East McKinney Denton, Texas 76201 M RAM MM! TO f O ♦ ~ Dear City Council Members a The Denton Unit of the American Cancer Society is planning its fourth annual Relay for Life which is a fund raiser to benefit cancer research and patient services. This year's event will be held et UNT's Fouts Field on April 17, 1999, from 12:00 p.m. until 12100 a.m. midnight. During this time a full sphedule of games, activities, music, and entertainment will be in progress on the foe 'call field. Teams are made up of tca to fifteen participants repriaenting departments and student organizations from UDT and TWU, local clubs, schools, churchev, and businesses, who will walk or run on the track for twelte hours. Each team member solicits donations to sponsor then in this event. Last year we had sixty-five teams participate in the Relay. Corporate sponsors of this event include Denton Record- Chronicle, Denton Regional Medical Centqr, Denton Community Hospital, Texas Bank, Texas Oncology, Duryea Moving 6 Storagep International Isotopes, Guaranty Natioaal Bank, teller Williams Realty, and many others. Last year this Relay raised $70,000.00. This year's goal is $100,000.00: We are requesting an exception to the City sound ordinance ~I from 1000 p.m. until 12100 a,m. on Saturday, April 17, 1999. We plan to use the stadium sound system. There are several bands and other o. -anizations scheduled to perform. After dark there will be a lum,:iria service with special lighting and music honoring those who ha%a survived cancer and in memory of those who havo lost the battle to cancer. . We do not believe our Relay activities will be a disturbance to area residents. The closest residential area is approximately two blocks north of Fouts Field. The interstate is to the south and west, and UNT is to the east, Last year the Council graciously approved this exception request, and there were no reports of excessive noise. i i 3 M U i t~ KELAYI 0 Denton City Council Page Not -2- OPM 20 February 1999 'or additional information concerning this event, please contact me at (940) 566-2136 or (940) 591-9362 at your convenience. A~► ~r 1b I would ba available to appear at a Council meeting to answer any questions regardin5 this request. a Your consideration of this sound ordinance exception is j greatly appreciated. Thank you. Sincerely$ / -"v~- avoe' ~ Co-Chairman Relay for Life Committee f ~ 1 I 5 J J ' tie-, f' i t~ F I I ~ 1 Chnpter 20 NUISANCES' Art. 1. In General, 0120-1-20-30 Art. If. Abandoned Property, 44 2031-20.70 Div. 1. Generally, If -'0-31-20-40 Div. 2, Dlntor Vehicles, 14 20.41-20.10 Art. Ill. Grass and Weeds, 11 2071-20.73 ARTICLE 1. IN GENERAL Sea 20.1. Nol;o. (s) it shall be unlawful for any person to make or cause any unreasonably loud, disturbing, unnecessary nolse which causes or may cause mole:iel distress, discomfort or iniv y to persona of ordinary sensibilities In the Immediate vlc!nily thereof. (b) It shall be unlawful for any person to make or cause any noise of svch character, Intensity and continued duration as to substantially Interfere with the comfortable enjoyment of private homes by persons of ordinary sensibilities. (c) The following acts, among others, are declared to be noise nuisances in vlol•.tionof this Code, but such enumeration shell not be deemed to be exclusive: (1) The playing of any phonogreph, television, radio or any musical Instrument in such + manner or with such volume, particularly between the Sours of 10:00 p.m. and 7:00 a.m., as to annoy or disturb the quiet, comfort or repose of persons of ordinary sensibilities In any dwelling, hotel or other type or residence; 12) The use of any stationary loudspeaker, amplifier or musical Instrument In such manner or with such volume as to annoy or disturb persons of ordinary sensibilities In the Immediate vicinity thereof, particularly between the hours of 10:00 p.m. and 7'.00 a.m , or the operation of such loudspeaker, amplifier or musical instrument at any time oat Sunday; provided, however, that the city council may make exceptions upon application when the public Interest will be served thereby; W) The blowing of any steam whistle attached to any alotlonary boiler or the blowing of any other loud or fsr•reaching steam whistle within the city limits, except to give notice of the time to begin or stop work or as a warning of danger; (4) The erection, excavation, demolition, alteration, or repair work on any building at anytime other than between the hours of coo mm, and 8:30 p.m. Monday through ~ Friday from June II to September 30; between 7:00 a.m. and 8:30 p.m. Monday through Friday from October l to May 31; between 8:00 a.m. and 8:30 p.m. on 'Cross tefetenees-Protected migratory bird roosts declared nuisance, 1 6.81; inepec- tion and abatement warrants, 119-98 et seq.; Insect and rodent control In mmbile home and recreational vehicle parks, 131-01, Supp Ne.a 1369 5 I C, 1 , ti I 20-I DENTON CODE l Saturday-, and between 1,00 p, m, and u0 p m. on Sunday; provided, however that the city council may issue special permits for much work at other hours in case of urgent necessity ohd in the Interest of public safely and convenlence. 15) The creation of any laud and excessive noise In connection with the loading or unloading of any vehicle or the opening or destruction of bales, boxes, crates or containers, (6) The use of any drum, loudspeaker or other Instrument or Oevice for the purpose of attracting attention by the creation of noises to any performance, show, theatre, motion picture house, We or merchandise or display which causes crowds or people to block or congregate upon the sidewalks or streets near or adjacent thereto. (Code 1966, If 14-20, 1/-31; Ord. No. 95.184, 11. 9.12-95) Cross reference-Animal no(so, 16-26. See. 20.2. Odors. (a) It shall be unlawful for any person to create or cause any unreasonably noxious, unpleasant or strong odor which causes materiel distress, discomfort or injury to persons a' ordinary sensibilities in the Immediate vicinity thereof. (b) It shall be unlawful for any person to create or cause any odor, stench or sa.ell of such C character, strength or continued duration as to substantially interfere with the comfortable enjoyment of private homes by persona of ordinary sensibilities. (c) 'Ae following acts or conditions, among others, are declared to be odor nuisances in violation rnf this Code, but such enumeration shall not be deemed to be exclusive: (1) Offensive odera from cow lots, hog pens, fowl coops and other similar places where animals are kept or fed which disturb the comfort and repose of persons of ordinary sensibilities; (2) Offensive odors from privies and other similar placer, (3) Offensive odors from the use or possession of chemicals or from industrial processes or activities which disturb the comfort and repose of persona of ordinary sensibilities; (4) Offensive odors from smoke from the burning of trash, rubbish, rubber, chemicals or other things or substances, 15) Offensive odors from stagnant pools allowed to remain on any premises or from rotting garbage, refuse, offal or dead animals on any premises. (Code 1966, If 14-27, 14-231 Sec. 2". Garbage, trash and rubbish nuisances-Generally. (s) Storing or keeping garbage, trash and rubbish. The storing or keeping of any and all stacks, heaps or piles of old lumber, refuse, junk, old ears or machinery or parts thereof, garbage, trash, rubbish, strop material, ruins, demolished or partly demolished structures or buildings, piles of stones, bricks or broken rocks on any premises bordering any public street Supp.No 1 1390 6 • U I AOladl ~ "him AGENDA INFORMATION SHEET AGENDA DATE: March 23, IM I DEPARTMENT: Engintering & Traospottatlon CM/DCMlACM: Rick Svehla, Deputy City Managero SUBJECT: AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, ON BEHALF OF THE CITY OF DENTON, ENGINEERING AND TC<ANSPORTATION DEPARTMENT AS GRANTEE, WITH THE TEXAS WATER DEVELOPMENT BOARD, AS GRANTOR FOR THE FEDERAL EMERGENCY MANAGEMENT ADMINISTRATION'S (FEMA) FLOOD b.ITIGATION ASSISTANCE PROGRAM (FMA) RELATING TO ELIMINATION OF FLOOD HAZARDS WITHIN THE REGULATORY FLOODWAY OF TRIBUTARY PEC-4, A TRIBUTARY OF PECAN CREEK; AND DECLARING AN EFFECTIVE DATE BACKGROUND: We received two grants last year - a Mitigation Plan and a grant to buy properly on PEC•4. This grant is to purchase three properties identified as being at risk to flooding and having obstacles in the development of drainage solutions. See attached map for property locations - (1) Sycamore, (2) Stroud, and (3) Prairie. These are located in Pecan Creek T6butw; 4 upstream from properties purchased in the last grant. PRIOR ACTIONIREVIEW (Council. Boards, CamnaLslons) • Al the March 2`,1999 City Council Meeting, Council approved the recommendation of the Oversight Committee to fund our 549,022 contribution from Miscellaneous:i nage Funds. FISC I INFORMAT10N_-The Grant b for 514UM. Ourparricipar(on will be $49,022. The fatal cost lr ther $196,087. ed: pectfuI y submitt ryCl , rector ngine ng & Transportation A, t • t- i tI j { SECTION II. STANDARD AGREEMENT ARTICLE I. RECITALS I, WHEREAS, •he CONTRACTOR applied through the BOARD for a FEMA project grant under the FMA program to mitigate specific flood problems as identified in Exhira B, the original grant application which is incorporated herein and made a permanent part of this CONTRACT; I WHEREAS, the CONTRACTOR and PARTICIPANTS will commit cash and/or in-kind services to pay for the LOCAL SHARE OF THE TOTAL PROJECT COSTS; WHEREAS, the CONTRACTOR is the entity who will act as administrator of the grant and will be responsible for the execution of this CONTRACT; WHEREAS, on the FEMA APPROVAL DATE, FEMA approved the CONTRACTOR's application for financial assistance; NOW, THEREFORE, the BOARD and the CONTRACTOR agree as follows: ARTICLE H. AGREEMENTS The United States of America, through the Director of FEMA, has agreed to fund to the M CONTRACTOR, through the BOARD, the FEDERAL SHARE OF THE. TOTAL PROJECT COSTS. By acceptance of the funds awarded, the CONTRACTOR agrees to abide by the terms and conditions of this CONTRACT as set forth in this document and the documents identified therein and made a part hereof by reference, including the federal laws and rules listed in Attachment A. ARTICLE III. PERIOD OF PERFORMANCE The period of performance of this CONTRACT shall be from the CONTRACT EFFECTIVE DATE to the PROJECT COMPLETION DATE, unless otherwise amended. ARTICLE IV. FEDERAL LAWS AND RULES THAT APPLY Ik FEMA requires all grant recipients to comply with federal laws and rules. These federal laws and rules are listed in Exhibit A, which is incorporated herein and made a permanent part of this t CONTRACT. CONTRACTOR will comply with all federal laws and rules listed in Exhibit A. Copies of those federal laws and rules are available upon request. I 3 of 9 VI\RPFGM\FEMA\contt&ot\FMA Denton county.doc ` Q I ARTICLE V. TERMS AND CONDITIONS The specific terms and conditions of this CONTRACT are as follows: I. The BOARD shall reimburse the CONTRACTOR for costs determined by FEMA to be allowable, allocable, and reasonable in accordance with OMB Circular A-87. 2. To request reimbursement hereunder, the CONTRACTOR shall submit an original Standard Form 270 (FEMA Form 20.17), Request for Reimbursement Form, to the BOARD's contract manager for this CONTRACT. Each voucher shall show the CONTRACT NUMBER, costs for the billing period, and costs to date. 3. The CONTRACTOR shall follow pr'or approval requirements found in 44 CFR Part 13.30. 4. The grant is conditioned upon compliance with the National Environmental Policy Act (NEPA) and related legislation as implemented under 44 CFR Part 10 such that the CONTRACTOR is precluded from drawing federal 'finds beyond administrative activities, preliminary feasibility ,tudies or preliminary design/engineering for individual projects until the environmental and historic preservation reviews are complete and approved by FEMA. CONTRACTOR is encouraged to integrate NEPA compliance with the initial planning and decision making process for this program. I 5. The CONTRACTOR shall follow matching or cost sharing requirements found in 44 CFR Part 13.24. 6. The CONTRACTOR shall transfer to the BOARD, for return to FEMA, the appropriate share, based on the Federal support percentage, of any refund, rebate, credit or other accounts arising from the performance of this CONTRACT, along with accrued interest, if any. The CONTRACTOR shall take necessary action to effect prompt collection of all monies due or which may become due and to cooperate with the BOARD and FEMA in any claim or suit in connection with the amounts due. 1 7. Prior to th,7 start of any construction activity, the CONTRACTOR shall ensure that all applicable Federal, State, and local permits and clearances are obtained. S. The CONTRACTOR is free to copyright any original work developed in the course of or under this CONTRACT, The BOARD and FEMA reserve a royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use, the work for govemrnental purposes. Any publication resulting from work performed under this CONTRACT shall include an acknowledgement of FEMA financial support and a statement that the Nublication does not necessarily reflect the views of FEMA :r the BOAR)). A 4 of 9 V~\AMMJEMA\contract\FM Denton County.doc 3 v i c. w i 9. No subsequ::at giants,; ooperative agreements, monetary Increase amendments or time extension amendments will be approved unless all overdue financial or performance reports have been submitted by the CONTRACTOR to the BOARD. Exceptions to this policy can by approved only by the Assistance Officer at FEMA. 10. The CONTRACTOR agrees by accepting funds under this CONTRACT to comply with all provisions of 44 CFR 13.3 1, Equipment. FEMA Forth 20.18, Government Property Form is to be used to repo.-t Government Property. See Exhibit D for a copy and preparation instructions. Instructions on which property items are to b: reported should be provided in writing by the Assistance Officer at FEMA. ARTICLE VI. DISTRIBUTING GRANT FUNDS 1, The BOARD will reimburse the CONTRACTOR in a total amount not to exceed the FEDERAL SHARE OF THE TOTAL PROJECT COSTS identified in Section I of this CONTRACT. The CONTRACTOR will contribute local matching funds in sources i:nd amounts defined as the LOCAL SHARE OF THE TOTAL PROJECT COSTS. 2. The CONTRACTOR shall submit vouchers and documentation for reimbursement billing in accordance with the VOUCHER SUBMISSION 'CHEDULE. For all billings including any subcontractor expenses, the EXECUTIVE ADMINISTRATOR must have provided written I approval of REQUIRED INTERLOCAL AGREEMENT(S) and contracts or agreements between the CONTRACTOR and subcontractor. The CONTRACTOR is fully responsible for paying all charges by subcontractors prior to reimbursement by the BOARD. 3. The CONTRACTOR and its subcontractors shall maintain satisfactory financial accounting documents and records, including copies of invoices and receipts, and shall make them available for examination and audit by the EXECUTIVE ADMINSTRATOR. Accounting by the CONTRACTOR and its subcontractors shall be in a manner consistent with generally accepted accounting principles. 4. A progress report and the following documentation which documents the TOTAL PROJECT COSTS incurred to date shall be submitted by the CONTRACTOR to the EXECUTIVE ADMINISTRATOR for reimbursement billing: A. CONTRACTOR's VENDOR IDEN fIFICATION NUMBER; B. TWDB Contract Number; C. Total expense for the billing period; D. Copies of all invoices and receipts for costs incurred to date; E. Total In-kind Services; F. "Total In-Kind Services for this billing period 1 , G. Total Local Share monies paid for this billing period (1 11. Total FEDERAL SHARE OF TOTAL PROJECT COSTS for the billing period; 5 of 9 V:\RPFCN%FEM.A\contract\rm Denton County.doc 4 _ I l~ w 1. Total costs to be reimbursed by the BOARD for the billing period' and J. Certification, signed by the CONTRACTOR's authorized representative, that the expenses submitted for the billing period are a true and correct representation of amounts paid for work performed d:rect'.y related to this CONTRACT. 5. For direct expenses incurred by the CONTRACTOR for outside consulting services, billing shall include copies of invoices to the CONTRACTOR showing the tasks that were performed; the percent and cost of each task complete; a total cost figure for each d rect expense category, including labor, fringe, overhead, travel, communication and postage, technical and computer services, expendable supplies, printing and reproduction, the total dollar amount paid to the consultant, and evidence of payment by the CONTRACTOR. 6. After reviewing and approving the progress report and the documentation required in Item N4, above, the BOARD will reimburse CONTRACTOR for 75% of the incurred costs for that period as long as the total amount reimbursed to date does not exceed the FEDERAL SHARE OF THE TOTAL PROJECT COSTS. ARTICLE VII. FINANCIAL REPORTS The CONTRACTOR shall submit an original and three (3) copies of the Financial Status Report Form 269 (FEMA Form 20-10), to the BOARD's contract manager within thirty (30) days following the end of each quarter of the project with the exception of the final Financial Status Report, which shall be due ninety (90) days after project completion. All other reporting requirements in accordance with Section g of the General Provisions for Grants and Cooperative Agreements,. Exhibit C, are applicable. ARTICLE Vill. PERFORMANCE REPORTING 1. Ou eriv. The CONTRACTOR shall submit an original and three (3) copies of the quarterly Performance report (FEMA Form 20.22, Narrative Report Form) and any supporting documentation to the BOARD's contract manager within thirty (30) days following the end of each quarter. Aa other reporting requirements in accordance with Section 9 of the General Provisions for Grants and Cooperative Agreements are applicable. 2. Final Rens-rt. The CONTRACTOR shall submit an original and three (3) copies of a final report (FEMA Form 20.22, Narrative Report Form) and any supporting documentation which details all die work performed under the CONTRACT. The report shall be submitted \vthin three (3) months of project completion. k , 6 of 9 V:\RYnMLFEMA\co.itract\rM nenton County.doe 5 ` I t ' 1 ARTICLE IX, NO DEBT AGAINST THE STATE This CONTRACT shall not be construed as creating any debt by or on behalf of the State of Texas and the BOARD, and all obligations of the State of Texas are subject to the availability of funds. To the extent the performance of this CONTRACT transcends the biennium in which this CONTRACT is entered into, this CONTRACT is specifically contingent upon the continued authority of the BOARD and appropriations therefor. ARTICLE X. INSURANCE For the purposes of this CONTRACT, the CONTRACTOR will be considered an independent contractor and, therefore, solely responsible for liability resulting trom negligent acts or on.issions, The CONTRACTOR shall obtain all necessary insurance, in the judgment of the CONTRACTOR, to protect itself, the BOARD, and employees and officials of the BOARD from liability arising out of this CONTRACT, The CONTRACTORS shall indemnify and hold the BOARD and the State of Texas harmless, to the extent the CONTRACTOR may do so ir. accordance with state law, from any and all losses, damages, liability, or claims therefore, on account of personal injury, death, or property damage of any nature whatsoever caused by the CONTRACTOR, arising out of the activities under this CONTRACT, ARTICLE XI. SEVERANCE PROVISION Should any one or more provisions of this CONTRACT be held to be null, void, voidable, or, for any reason whatsoever, of no force and effect, such provision(s) shall be construed as severable the remainder of this CONTRACT and shall not affect the validity of all other provisions of from this shall remain in full force and effect. CONTRACT which ARTICLE XIL SUSPENSION AND TERMINATION PROCEDURES If the CONTRACTOR fails to comply with the terms, conditions or standards of this CONTRACT, the BOARD may, upon written notice, temporarily suspend reimbursement payments pending corrective action by the CONTRACTOR or terminate the CONTRACT, Necessary ALLOWABLE COSTS that the CONTRACTOR could not reasonably avoid incurring dwing the period of suspension or after termination will be reimbursed pursuant to this CONTRACT. In addition, this CONTRACT may be terminated if both parties agree that the continuation of the project would not produce beneficial results commensurate with the further expenditure of funds. If termination of the CONTRACT occurs, the procedures described in Item #11 of the Federal Emergency Management Agency General Provisions for Grants and Cooperative Agreements, f Exhibit C, which is incorporated into this CONTRACT, will be followed. 7 of 9 `I V:\RPFCM\FEMA\ccntract\FMA Denton Coanty.dor I b t. ARTICLE X111. CORRESPONDENCE, REPORTS, AND BILLINGS All correspondence, reports, and blilings related to this CONTRACT shall be made to the following addresses- For the BOARD: For the CONTRACTOR W. Craig D. Pedersen Executive Administrator Texas Water Development Board P.O. Box 13231, Capitol Station Austin, Texas 78711.3231 Attention: Mr. Gilbert Ward Contract Manager Office of Planning t r 8 of 9 V,\APr M\r6MA\contract\rMA Denton CaintyAOC t. Exhibit ~j Federal Laws.CdRule FEMA, through its Orant Agteemenl with the Texas Water Development Board, requires all gra A recipients to comply with the following federal laws and rules: 1, 44 CFR, Pail 13: Uniform Administrative Requirements for Grants mid Cooperative Agreements to State and Local Governments. 2. 44 CFR, Part 7: Nondiscrimination in Federal Assistance Programs 3. 44 CFR, Part 10: Environmental Considerations 4. 44 CFR, Part 14: Administration of Grants: Audits of State and Local Governments 5. 44 CFR, Part 17: Govemment-wide Debarment and Suspension (non-procurement) and Government-wide Requirements for Drug-Free Workplace 6. 44 CFR, Part IS: New Restrictions on Lobbying 7. 44 CFR, Subchapter B - Insurance and Hazard Mitigation 8. 44 CFR, Subchapter C - Fire Prevention and Control 9. 44 CFR, Subchapter D - Disaster Assistance 10. ~A CFR, Subchapter E - Preparedness 11.44 CFR Section 205.6 - Funding Techniques 12. Public Law 95-224 - Federal Grant and Cooperative Agreement Act of 1997 13. Public Law 101-336 - Tice Americans With Disabilities Act 14, Executive Order 12372 - Intergovernmental Review of the Federal Emergency Management Agency Programs and Activities 1S. OMB Circular A-102 - Uniform Administrative Requirements for Grants and Cooperative Agreeroents with State and Local Governments 16.OM5 Circular A•87 - Cost Principles for State and Local Governments 17, OMB Circular A-110 - Uniform Administrative Requirements for Grants and Cooperative Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations 18. OMB Circular A-21 - Cost Principles for Educational Institutions 19, OMB Circular A-133 - Audits of Institutions of Higher Education and Other Non-Profit Organlx 3tions 1 20. OMB Circular A-122 - Cost Principles for Non-Profit Organizations 21.OMB Circular A-123 - internal Control System 22. OMB Circular A-50 - Audit Follow-up 23. FEMA Manual 2700.1 - Advance Financing Payment Systems 24. Original grant application, Exhibit B i 25. General Provisions for Grants and Cooperative Agreements, Exhibit C i i .A r G } 9 of 9 v,`,PPram\rtKA\contr&et\t•% Denton county.doe ij l ~ , c~ i 0 EXHIELZ@ Original ApplicstW for Flood Mitigation Assistance Project Grant I i i 9 t h FLOOD MITIGATION ASSISTANCE (FMA) PROGRAM PROJECT GRANT APPLICATION } i0111 I 1. Name of Applicant (legal nature ofendty): City of Denton, Texas I vUN 19 1948 i Addrut (Sweet, City, Zip): t Engineering and Transportation I~ept.P=~tiRAQdEpUr~n 221 N. Elm Street Denton, Texas 76201 A 1t the applicant a current (not on probation ) NFIP parrklpatlnp community? (Yes or No) Yea send what it the CRS rating of the applicant? 8 NFIP Community Number 480194 f. Point-of-ContactorQQ7ctel Reprerentadve(NameandMe): CJerry iro of Eng. Transportation S. PhoneNuntber. (940) 349-8358 & Fax Number: (940) 349-8376 7. Demonstrate that the applicant has the total authorfty to plan for add control f loodfng, and has toning and building code jurirdiction over the project area The project area falls completely vithin the City limits of Canton, Texas d. Project Narratlve, (provide the project narrative on separate pain as an attachment): Describe the need and the objectives of the proposed project, the approach, results or benefits of the project, and the proposed project schedule (also provide a map Indicating the project location, relation to the I00-year flood plain. and the area effected by evidence Include such information as: the number of structures effected by the prof of the name of repetitive losses to the structures over the past 10 years; demonstrate the project will result in a loop-term solution to the problem and/or a decrease In NEIP related claims; refer to the Flood Mitigation Platt, is the proposed project in conformance; Is then a muld-objective purpose to the project; etc. 4. Pleats provide the followint at atrachmenu to the application: Attttt;hments Provided fve: or nu71 Flood MidWon Plan (or equlWent) yes Cost-Benefit Analysis Sea Narrative Federal Standard Form 424 Yea t , Environmental Quesdoaruire Sea Narrative ~ Evidence of Local Flamial Partlcipadon See I.Pplicatioa J Project narrative front 07 above yes I 10 l• H. F.adnwtedCost dlProposdProject: 5196087 +k 11. FEMA Funding Requested S 147,065 12 How Does Apples Propose to Finance Non-Federd Shan ojProjectt Misc. drainage funds from the Capital Improvements Program and from Ceneral Lunde, 13. Has applicant ever recelved an #VA project grant bejarel Yes {fso, when? 1997 Amount? '$46,670 14. $/Pat i 1S. 77t1s. ASok Svehla, Deputy City mangler It D&V. June 18, 1998 Please return completed applleation form and necessary attachments to: I Texas Water Development Board Attn. Ms. Phyllis Liahtaer-Gaynor 1700 N, Congress Avenue P.U. Box 13231 Austin, Texas 78711.3231 f i I APPLICATION FOR WE AWGY1l No. 03484M FEDERAL ASSISTANCE ~OAnw lppe"db'n01Nf June 194 1498 1. TYPE Of SUBMI/SION: DATE WCpYED BY STATE /be Applalbn marmisr A San Pres [D cored ueuon p gottavocbm 4. DATE BY FEDERAL AGENCY Federal $derWkf Non "matrueOon No,IJronaWdlar S. APPLICANT MFORMATICN Legal Name' orwtt hm City of Denton, Texas En inter dry, counry, Stab, d tipeaft Name and left Mi Tr~aevo number of panen b W eOntiWd an mater Imatr 221 N. Elm Street, City !fall West 94app/a50(ow&vg006) Denton, Texas 76201 Jerry Clark, P.E., (940) 349-8338 e. EMPLOYER IDENTIFICATION NU MB ER (FJAp: F. TYPE OF IPPLICANT: (anfarapprepAae IeCarN b04 ❑ 7 S-6 00 01 5= C A. woo K tndearded Sot+eol OWL 1. TYPE-OF APPLICATION: B. Cows/ I. She C"hkd "hAbn of Higher L"ming ® Nov ❑ cow rulum ❑ RavlOloe C, Muddp,•t A Private UnIvsreSy a Twff&4 K Indian Ttbe If Revlebn, Oder oppropdale beer(s) h We&) E. Intentele L MdAdual F. tnermwrdpal ht From Organttetbn A. Inemee Award B. Decrease Award C. Increase Duration O. SpeoW Ob"kt N. Peter (Spo*M 0. Deorsaes Dunoon Other(apoary): e. NAME OF FEDERAL AGENCY: FEMA 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 11. DESCWME TITLE Of APPLICANT/ PROJECT: M83 3 6 Pecan Crook i Tributaries I TITLE: Flood Mitigation Assistance Property Acquisition Program 13. AREAS AFFECTED BY PROJECT(CG'ee. CavnseA Stares d(c): City of Denton 13. PROPOSED PROJECT 14. CONGRESIIONAL OISTIUCT/ OF: S:in Data Endue Dee a. Applked b. Prated 8198 12199 4, 13, 26 13 11. ESTIMATEO FUNDING: It. V AaPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE oa;ea+m/ PROelu7 a. Federal S 147,065 a. YES. THIS PREAPPUCATIONIAPPLICATION VMS MADE ` b Ap,xlead S 49, 022 PROLABLE T THE STATE EXECUTIVE ORDER 12372 AVAI FOR REVIEW ON: 0. Stile S DATE Q Loml b, No. 13 PROGRAM IS NOT COVERED BY E. 0.11377 a. OIMf 1 ® OR PROORJ(1J HAS NOT BEEN SELECTED BY STATE FOR REVIEW L Program Inooma S 17. I/ THE A►PL ANT DELNJOUENT ON ANY FEOlML OEBTT g TOTAL 196,087 ❑ria ll'Yaa,'suctlaneapbsatlan. ®Ne 4e if. TO THE BEST OF MY K40W LION AND BELIEF, ALL DATA W THIS APPLICA PLJCATION ARE TRUE AND OORRE . THE DOCUMENT HAS 919N DULY RUTH )R13ZO BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL C04MLY WITH THE r , ATTACHED ASSUMNC11 IF THE ASSISTANCE IS AWAROIW , .✓f a Typo Name of AOt Repmd"Ime b. Two e. Tab ~hena ear Rick Sv a Deputy City manager (940) 349-830: Q. Egnalwa or ulnona a. Dee StpnaQ June Pmbw dlUan Useela - Stirkard FOmt 474 (Rev. 74n Autrarteed tot Loal Rapmdue ! Prom bed by OMB C6-Aht k10 11 ` i tr R BUDGET INFORMATION • Construction Programs 01,18 Approval No. 0316.001 NOTE Cando Federor assistance rognnrs reams addnbnsl eatbns a low at 010 FedmA share a poled c, 1s a brp" on, M EWA Is IM We wo be mWad. COST CLASSIFICATION A. Total Coat b. Co its Not Allow" a Total Allow" Costs ar Garscl Ion Columm u 6 1. Administrative and legal expenses $ I5,500 .00 .00 i t 150500 - 2. Land, structures, rtpht"l-way, approlsala, ek, $ 139,587 -00 Il -00 $139,587 .00 3. Relocation expenses and payments $ 12,000 .00 S ,00 S 12,000 .00 Architectural and engineering fees 5 00 $ 00 $ 00 5 Other architectural and engineering fees $ .00 $ .00 i pp 8. Project Inspection fees $ .00 $ .00 S .00 1. SRO work $ .00 $ .00 5 .00 0. Demostan and removal S 21,000 .00 5 .00 5 21,000 9, Construction $ .00 i 00 S .00 N 10. Equipment 5 .00 S .00 _ .00 11. Misce"aneous C10e1ns i insurance 8,000 .00 5 .00 If 81000 gg 124 SUBTOTAL (sur.i Junes 141) $ .00 5 00 $196,087 .00 13. Contigeneses $ .00 i .00 5 .00 IA. SUBT04AL $ .00 5 ,00 S 15. Project (program) Income $ 00 S .00 i OD 16. TOTAL PROJECTCOSTS (sublrscl#13from is 14) $ 196,087 '00 S M S196s087 A0 FEDERAL FUNDING 17, Federal assistance requested, c6culate as fohows: (Consull Federal agency for Federal percentage ahere.) Enter the resulting Federal shara Enter eligible costs from kw 160 Multiply % 73 % Sly 1, 065 .00 , , Prsvlous Edition Ussbte Authorlsed for Loeat Reproduction flu xamd Force 12aC 111w. t-!tl Pr"01/0/ by OIMS Clre do A-1 02 FLOOD MITIGATION ASSISTANCE PROGRAM PROJECT GRANT APPLICATION CITY OF DENTON, TEXAS Project Narrative PROJECT OBJECTIVES This project is designed to aid in minimization and/or elimination of flood hazards to structures located within the regulatory floodway of Tributary PEC4, a tributary of Pecan Creek in central Denton. Three structures have been targeted for acquisition and demolition These structures are among those identified In the Flood Mitigation Plan prepared in 1997.1998 for the City of Denton for removal. Based on a Manor Drainage Study conducted for the City of Denton in 1996, these residential structures are subject to damage in a 10-yeu storm. In fact, while a 10•year storm was the smallest evaluated in that study, the results Indicate that the subject homes ate at risk of flood damage in significantly less Ma a 10-year norm. In addition to the existing risk, the referenced study proposed Mute channel Improvements that would require removal of each of the subject structures Elimination of flooding risk and accommodation of future drainage Improvements is the ultimate objective of this project, f Maps are attached showing the location of the project, the floodplaiq and the subject structures. 1 PROJECT APPROACH City staff will approach the affected property owners with an offer to purchase the subject properties. The City will negotiate with the proptrty ownerin good faith, without threat of condemnation or other mandatory compliance. Because relocation assistance will be offered the project budget Includes some relocation r:woy i PROJECT BENEFITS This project provides benefits in a number of ways, First, removal of the structures 4om the floodway will eliminate an obstruction to flow, and will provide the necessary space for Apure channel construction. In addition, because the structures ace subject to flood risk in a relatively frequent norm event, potential claims to the NFIP ate eliminated. Finally, because these structures are In the floodway, substantial reconstruction or remodeling earwt be undertaken without raising the door above the base flood elevation or Boodproofing. Both measures are frequently at ben con prohibitive and at worn, physically imposu'ble, i f. / I 13 yy I i COST EFFECRVENFSS The Denton County Appraise) District (DCAD) value of each of the designated properties is indicated in the table below. Both the total property value (for acquisition purposes) and tt e Improvements value (for repair mWor mpLcwmd purposes) Is shown in addidoN given that FEMA S WdInw dente substantial improvement as those whose cost exceeds 30% of the value of the mcwr- nrior to damage, d.e table shows the level of good damage that would trfUer prolu'bited improvements, rendering the property virtually worthless. Total DCAD DCAD Appraised SOS of Structure Appraised Value Structure Value Value 301 W. Sycamore $41,089 $30,575 S15,298 300 Stroud $70,067 $58,1SS $39,092 J~ 215 Stroud $28,431 $17,415 $8,707 If these structum are not removed, and good damage occurs st or above the cost levels shown m the table, there is a strong Wdg*W that repairs will not be made. Ttis wig result In abandoned structures or unsafe living conditions, and the obstruction to sow will continue to ardst. PROJECT SCREDUIX Property acquisition and dernolition will take place between August 1998 and De tuber, 1999. I C ENVMON?A7NTAL CONSIDERATIONS, The project consists of ac4uiatica of several properdms and de"don of the rWdendal structures situated on the lots. As such, the project Is categorically excluded from Environmental I Assessment requirements. The project is situated along it concrete lined channel, designated u Tnb PFE ;-4. It Is upstream of channel improvements soon to be underway on PEC■1. That channel improvement project will be constructed under the authority of it NoWmide 26 permit (No. 149800284) issued by the U. S. Army Corps of Engineers, The Corps ks reviewed that constme a project and detaT&A that there Is mWnW environmental hnopet. Significant Impacts require application for on Individual Pemit. 6,1 i i o• i, OMB 4prorai ft, tj4:-0Cj` ASSURANCES CONSTRUCTION PROGRAMS Public reporting burden for this collection of information Is esl matad to average 13 minutes per response, including time for revtewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and revlewing the collection of s mronmahon. Send comments regarding the burden estimate or any other ssped of this collection of informatln, Including suggestions for reducing this burden, to the Office of Management and Sudgel, Paperwork Reduction Projsd (03464042), Washington. DC 20503. . -EASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO TVE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of theme assurances may not be spl,llcabte to your project or program. If you have questions, please contact the Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify b oeditional assurancea. It such Is the ease, you call be notlAed. As the dory authorized representative of N applicants I certify Thal the applicant 1, Has the legal authority to apply for Federal assistance, S. Will campy with the Intergovernmental Personnel Act and the Irstitutional, managerial and AnandsT capability of 1970 (42 U.S.C. 114728-4763) retating to prescribed (including funds sufficient to pay the ran-Federal chars standards for merit systems for programs funded of project costs) to ensure proper planning, under one of the 19 statutes or rcgulatlons specified in management and completion of the project described In AppendlA A of OPM's Standards for a Merit System of this application. Personal Administration (S C.F.R. 000. SuSpart F). 2. 011 give the awarding agency, the Comptroller General Q. Wit comply with the Lead-Samed 'atnt Polsoning of the United States and, H appropriate, the State, Prevention Act (42 U.S.C. 1§4801 at seq) which through any authorized rapraeentative, access to and prohibits the use of lead-based paint in eanstNct3n or the right to examine erg reocrde, books, papers, or rehablIkaton of reaidence structures. documents related to the oseistanae; and call establish a proper accounting system in Kv,,dance with 10. Wit comply with all Federal elatutas relating to nom- generally accepted s=urrtlng standards or agency discrimination. These Include but are not limited to: (a) directives. Title VI of Vies Chfi Rights Ad of 1964 (P.L, 88-352) which prohibits discrimination on the basis of race, ! 3. Will not dispose of, r ify the use of, or chanty the color or national orlpln; (b) TWe IX of the Edmlion terms of the rail property No, or other interest In the Amendments of 1972, as amended (20 U.S.C. §§1681 { stle and hciAGee without permission and Instructions 1683, and T665.1586), which prohibits dlscriminstkn from It,e mwordmi; agency. Will retard the Federal on the basis of sex; (c) Jecdon 304 of the interest In the bits of real property In accordance with Rehabilitation Ad of 1073, as amended 09 U.S.C. i swardtng agency directives and will Include a covenant §194), which prohibra diserfmination on the basis of in the title of real property squired In whole or In part handicaps; (d) the Age Discrlmination Ad of 1975, as with Federal assistanoo funds to essure non- amended (42 U.S.C. §§6101-0101), which prohibits discrimination during the useful Woof the project dioeriminadon on the basis of age; (a) the Drug Abuse Office and Treatment Act of 1012 (P.L. 92.258), as 4, Wig comply with the requirements of the assistance amended, relating lo nondiscnmination on the boils of awarding agency with regard to the dralling, review end drug abuse; (Q the Comprehensive Akohcl Abuse end approval of construction plans and specifIcatlons, Alcoholism Prevention, Treatment and RehabgRefion Act of 1910 (P.L. 01.616), u emended, relating to 5. Will provide and maintain competent and adequate nondiscrimination on the bash of alcohol abuse of engineering eupervlelon at the construction INe to ecoholism; (9) §§S23 and S27 of the Public Health ensure that the complete work conforms with the Service Ad of 1012(42 U.S.C. §;200 dd-S and 290 roe approved plans and specifications and will furnish 3), as amended, relating to wrifdentialify of skohof progress reports and such other Information oa may be and ring abuse patient records; (h) Tide VIII of the required by the asslstana awarding agency or State. CIA Rights Ad of 1066 (42 U.S.C. 113601 et seq.), as amended, relating to norldiscrlmbabon In the mail, 6. Will Irltiate and complete 1M work within the sppkable rental or snarift of houing; p) any other time frame after receipt of approval of the awarding rind-soriminatlon provislone in the swifle statute(s) agency. under which application for Federal assistance Is being r~ made, and, Q) the "Inimenta of any other r 7, Will estabgsh esfeguarda to prohlbit omploysee from nondiscrimination statute(s) which may apply to the using their poslbona for a purpose that constBuNe or application. preseata the appeerence of personaf or orgenlzetlonal con Mai of interest, or personal gain. sundard Form 4140 lRes. T 17l svicus Cditlan Usable Authorized for Local Reprodvedon Pfastribed by 0110 Circular A-102 14 i 11. Wig comply, or has already compiled, whh fie National Environmental Policy Act or 1969 (P.L 91• requtremenls of Thess 11 and III of the Uniform Relocation 190) and Executive Order (F.0) 11514; (b) noti6caWn Assistance and Real Property Aetrulshlon POtklas Ad of of vtola*v faditles pursuant b EO 11738; (C) 1970 (P.1 91440) wNch provide for fair and equitable prrWcWm of wetlands pursuant to EO 11900; (d) fl treatment of persons displaced or whose properly Is evaluation of flood hazards in 8oWplatns in am rdance acquired as s result of Fedow and federspy salded with EO 11088; (e) assurance of poled ccnsM"cy programs. These requirements apply lo an Interests In real with too approved Stets Man"~ program property acquired for project purposes regardless of 'developed under fie Coastal Zone Management Act of Federal parOdpatlonin purohases. 1072 (t6 U.S.C. HUM et seq.); (f) conformny of Federal actions to State (Clean Air) Implem"totlon 12. Wig campy with the proviebns of tie Hatch Act 15 U.S.C. Wane under SeWon 178(c) of the Clean Air Act of 1 §41501.1506 and 73:4-7328) which Omit the poN W 1955, as amended (42 U.S.C. 117401 N aq.Y (0) ec"as of employees whose pMctpsl employment protection of undwOround sources of ddnkkr0 water acUvlnea are funded In whale or In pan with Federal funds. under the Safe DMking Water Act of 1974, as amende9 (RL 03.523); and, (h) protection of 13. Wig comply, as applksbit, with the provisions of the Osvts- endangered species under the EndargerW Spades Act Bacon Act (40 U.S.C.11276s to 270&.n the Copeland Ad of 1973, as amended (111. 93-205). (40 V.S.C. 1278c and 18 U.S.C. 1874), and the Contract Work Hours and Safely Standards Act (40 U.S.C. §1327 18. WIN Comply with tie Wild and Scenic Rivers Ad of 333) regerdIng labor standards for f*dv y-suWW 1985 (18 U.S.C. 111271 at seq.) related b protKdn9 construction subegrMmMts, OompoMnia Or P0161081 OOmpOnOrda Of NN national wnd and sank rivers system. 14. Will comply with hood Insurance purchase rsqutrsmante Of Section 132(s) of fie Flood Matter Protection Act of 1073 17, WIN seem ow awarding 80enclr in assurNg compliance (P.L 93.234) which requdra recOWA N a k"cW flood with Section 106 of am Natorel Htstoric Preservation hazard area b pertlelpeas In eM program and b puraha 4 Act of 1988. as wnwWW (18 U.S.C. {470), EO 11593 flood Insurance N NN fotel poet of Insurable construction pdentMatlon and protwom or hislorb properties). and end aequWWM Is 110,000 or more. the ArehaaologloW and Hlsb& Pmerrstlon Ad of 1974 (10 U.S.C. {}48118.1 M 2"1 ) 15. WIN comply with environmental standards v'udr may tai prescribed pursuant to the Ibhowklg: (a) Insta tim of 18. Wits cause b be performed tlN required Handal and environmental quality control measures under the compliance sudita in axbrdance with the Singte Audit Act Amw4rente of 1998 end OMB Circular No. A•133, 'Audna of Slats, Local Oovenmmsnte, and Non-ProM 0-panitatiorle.' I 19. WIN comply with all applicable requirements of an other Federal laws, exeoutlve orders, regulations, and pone!" 2ovemlrrg this program. I I I ~ I SIONATU QF A HORIZEO CEATIFYINO OFFICIAL TITLE r Deputy City MAOSSee APPL CANT 0 ZATION GATE SU&MITTED Citt~ of Deotoa En3aeerinE and trans ortation Departtaot 221, X..110 Ar City Hall West June 16, 1998 Denton ax IHr4f40 (Ica, r47) eaetr E ZONE _ b+o °7 X pIl.lr tlr ROOD Wa he DATE MM ErfERrvt DATE .ea'. V .W {NIK III AnYmine +Mn A Wall DON M a tlrueriiN ~~wo wN*e r~ W,KEaV a/opDd WIl K b w atwNl,hod. STR Diversion To dramow K Rood kdom n to w lugge. cW00 M Swww'o lotm LT `t PRAIRIE P" call Dw Notlon►' Flwd Inwr,nc, Iroyru ,t 1 0016DSee04 C! ~ ~AMt9 ZONE ZONE IMAPLE x t A APPROXIMATE SCALE IN FEET 0 b c--ca~ t ~ ON ONE AE x u IT IE p "Al~SSOURI- ! ZO E X rorA,s -IN RLRN !TREAT NATIONAL FLOOD iNSUMCE PROGRAM ■ E SMITH STREET F!R/M ~J n noon INSURANCE RATE MAP OAUONERTT ENTON STREET TEXAS AND COUNTY, KEY T NUMBERED STREET! ALLEN STREET INCORPORATED AREAS' I /LOVNT STREET { COOK STREET •...N CROSS TIMBER STREET • • • • • • . FEROU 3 PANEL NO OF 750 KANN ON STREET • MANN STREET•• • )SEE MAP INDEX FOR PANEL! NOT PRINTED) INOUSTIIfAI STREET......•.. JACKSON STREET •XJ ® KENT STREET { MADDOX STREET , 11 { MILL STREET , MINGO ROAD..... . A { PAULINE STREET . . 1 JMNS: RAILROAD AVENUE • . T OMMIAM ~iMBER !ANAL F°Lt I 1d. ROBERTSON STREET IS dT SKINNER STREET. ••U K9UNM1 WAINWA6GMT STREET -1 WNT04 KNT NOcm r or D M W M cMG i ZONE X CITY OF DENTON 480194 ZONE X LONDONOaRRv :T"SET MAP NUMBER ZONE X 4812100360 E I!ticket ern EFFEMVE DATE; a} „•Il la" APRIL 211991 lTW1'SO" Fedall Emergency MEDEgement Agency 15 (r a+s t3TAEfr FMIRY 1. u zoNr ~~~R NPan~iL ~ r X CORDELL Zo r x hyt~ START Yy CRUCINT A. • TMIAD melt M18 N a $ICON STREET COLLE 1 Cr ~ {TAE LINDEN STREET 4 6A A AS STREET ICNM T= BROADWAY S STAE T TEXAS iTRE T ~A ZO IIAE Z NE x iy WtTMEA{ rot T IUN tf ZONE X A {TAIr RM17 ZONE ITIIE [T VNGRE{{ Z ON ST'RIT ►AARW Y iTAFtl i PFAAL O Poo" 0WA 891" RMt MaCINN ITREn GREGG scs Dow rte PECAN ZO E x DAR MIT DiwnloA UMiT P.o-s6 ! , HICKORY °~A 1 STREET ZONE zo r x., x e MUL/ERRY finFET t sEKCw MDU TR L Awnio R 8 PdC 1 ZONE X svcAMr,AE pREET 616 « Z XN! CMISTNL11 ZONE X STR DEwrlfoR ►RAME "I Ac 4A I 6RM14 ZONE j MIDMLAND frAEFT x ZONE 1API1 IMAM ' x 6 ON a Et ~t9 eLau D NMI ON At 11 ~ N MSSCWR!- , TANNIN ' ZONE x ws s MMGrE AUTM STAEIr d CoLI WS GRE NLEE It~E T st l WITH YTAEET V DAUDMERTI O SIREFT STREIT L 1RER REY TO NUMIEAED fTAEFi! UNDSEY \ 16 AIIFN (tAAit . ~ . '1 ILDUNT tir._tt 14 f III i • lil . i . I 1 f 7 04 104 !pj S1! ! 1 f !00 1 1 1 1 at 1Il + 1 WE97 HICKORY e f i.;; e1 f1 S1 11 0 t :I pi tf ot t! 1 ' ~ l0f I ! I 'Ills III • 1 0 1!0 I • 411! 01 00 Its 1 I 110 Its I ri 7♦11 I 1 0 [ F." I 10 s ~ ! pf~ C 414 10 0 0 0! G; 4 f sti o:' S r f 1 i ! 1 • W • 1 o Q e a+' ~ ft~41 ~ ~ : 11 ~ 11 e I~ 3 d 09 wee ~ d p H ~p 1 41 ~ ~ 0o!1 1 ~ 14: Vi X17 N .5}:~..r 1Il1 f 401 ` t S10 4 ! It O s n S I Il J 11! 41 7 i♦ 11 14 I oa ' ' N iw 1e © r F1 104.. 40 a.._ 4 l~ i 4l0 ~01 4(~ I Lf1 t Aa! •p p 5 EASEMENT EASI MAPS MAPSC 17 1 (1 e . GOO~ i J L J L l ~.l ~~p ~ I • jl ❑ n t] 0 D Q tea--- o~l I 0 13 b00 0 . I + 4- n I ` I P. - -Ck~NNIL nwmw ° PRO 4-7 x FL I I e W RF„ ti ❑ ❑ ..s-.~~y ste►..._ w~s~~ .r• ist ~wr 3'ui.i~ Sy . C• G i i T,XHIRIT-c FEMA16 Genhal Provolone fof Gnats end Cooperative ASreetnents Guidelines rot AcVtsitlon Projects FEMA Form 201 T--0utiey Repots end Requmei for Reltnburnmeni FEMA Form 2010--FIrmcial Status Report k . I i 1 19 ` OWL ' tY C: . r~.wFU.ao. .rw.nu n.r I ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, ON BEHALF OF THE CITY OF DENTON, ENGINEERING AND TRANSPORTATION DEPARTMENT AS GRANTEE, 'AqTH THE TEXAS WATER DEVELOPMENT BOARD, AS GRANTOR FOR THE FEDERAL EMERGENCY MANAGEMENT ADMINISTRATION'S (FEMA) FLOOD MITIGATION ASSISTANCE PROGRAM (FMA) RELATING TO ELIMINATION OF FLOOD > .AZARDS WITHIN THE REGULATORY FLOODWAY OF TRIBUTARY PEC•4, A 7RIBUTARY OF PECAN CREEK, ; AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: 1 SECTION 1. That the City Manager is authorized to execute a contract, on behalf of the City of Denton, Engineering and Transportation Department as Grantee, with the Texas Water Development Board, as Grantor for the Federal Emergency Management Administration's (FEMA) Flood Mitigs ion Assistance Program (FMA) relating to the minimization and/or elimination of flood hazards to structures located within the regulatory floodwsy of Tributary PEC-4, a tributary of Pecan Creek in central Denton, a copy of such contract being attached hecAo and made a part hereof for all purposes. SECTION 11. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,1999, I JACK MILLER, MAYOR j ATTEST. JENNIFER WALTERS, CITY SECRETARY 1 1 BY: APPROVED AS TO LEGAL FORM: r HERBERT L. PROUTY, CITY ATTORNEY BY: /lift ~c~? 20 c, v I i I MILIKUMNIN onto 31 "am mum In 101111~U Wdlium R. Nladdcn, I;.heirtwn Ni>t fetnincict, Nn-CUmss EtLine \t. NrOn, M D.. Afewber Ct&* D. None" Jack Hunt, Member Chadca L Caen„ 11rn,4r rAerwmtAdmowitrnrrr Tales H. h6dden, Jr., Mr4er i February 17, 1999 Mr. Rick Svehla Deputy City Manager City of Denton 221 N. Elm Denton, Texas 78201 Re: Texas Water Development Board (Board) Consideration of Grant Applications for Flood Mitigation Assistance Submitted in Response to the Boards Request for Proposals Published June 12, 1998 in the Texas Reoister Dear Mr. Svehlo: I am pleased to Inform you that the Tetras Water Development Board, at its February 17, 1999 meeting, approved negotiation and execution of a contract with the City of Denton In an amount not to exceed $147,085.00. The contract must be negotiated and executed co or before May 19, 1999. The Board's staff looks forward to working with you on this project, If you have say questions concerning this contract, please contact Mr. Gilbert Ward, the Board's designated Contract Manager for this project, at (512) 483-8418. Sincerely, ommy I I deputy Exe ive Administrwtor Office of Planning Cc: Senator Jane Nelson Senator David Sibley Senator Tom Hclywood Representative Ronny Crownover Representative Mary Denny Representative Burt R. Solomons is Mr. Jerry Clark, City of Denton a~ u~arn~,a, (1ai.fr lor,LtJnp, tx Gnrr.tlr•rnn uo-lJm.,n, ioi~,oinu me In rn~Fo•rf4nsm(, tnmenanon, eul nfos, ibd drvluymrs!„f's+r,n~r Tn.n. PU,Il,,c1.52l1 a 1'0CN,G,nrretrAtrnue0 Auuin. Tesaa'6'1L~7S1 Triephnnc ON1 03--44' a Tclerat (512) 4'S 1u7! a i Am- RELAY T!( (rar lht hearimE impaitedi E l'ItL Add,r,t hltp 0"vw tmO iwe to ue a E \lail AdQmer: Inr"gtwdb.na1tAX Vr QPrintrd nn Recy<Icd paper 21 t, AP06 ~ AW4i AGENDA INFORMATION SHEET AGENDA DATE: March 23,1999 DEPARTMENTt Finance/I'reasury C111/DCMIACMt Kathy DnBose, Assistant City Manager Fiscal Management and Municipal Service SUBJECT= A resolution of the City of Denton, Texas, authorizing the submission of an application of the Criminal Justice Division of the Office of the Governor, State of Texas, requesting funding for the Denton Delinquency Prevention/Intervention Program for Juveniles; providing for the return of any lost or misused funds to the Criminal Justice Division, of the Office of the Governor, State of Texas; and providing an effective date. BACKGROUND., The City of Denton has been utilizing a Title V grant since 1995 to fund the Denton Tten Court and the Fred Moore After School programs and has applied for continuel f tnding after the April 1, 1999 expiration. The grant requires a resolution from the Goviming Body authorizing the submission of the grant application and assuring the return of any lost or misused grant funds. the Denton Teen Court and the Fred Moore After';chool programs were established as a result of a study done by a community planning tcsk force appointed by the City Council. This group consists of persons from governmental and community interest organizations covering the full spectrum of the community, The City of Denton, Denton County, Denton Independent Sc9ooi District, Texas Woman's University and The University of North Texas have all had an active role in creating ar!d maintaining this program. OPTIQNS. O Continue the Pro $ram utilizing grant funds O Continue the Program utilizing City of Denton and Denton County funds O Discontinue Program RECOMMENDATION ? to Staff recommends approving the resolution as required by the grant for continuing the Program utilizing grant funds. ESTIMATED SCHEDULE OF PROS►ECT: The Progre-n fiecal year is April 1999 through Mach 2000. PRIOR ACTIONMEVIEW (CeunciL Boardo, CommisM, The Council has passed a resolution to authorize submission of a grant to fund the Program for the past three years. FISCAL INFORMATION: 'fhe funding requested is $97,800 for operation of the Program, BID FORMATION, No bidding Is necessary. MAP, No. Ress/ttfuy submi Ied: -ti°q°r°c I Diana Ortiz Director of Fiscal Operations Prepared by: Tom )oscy Municipal Court Administrator a' ,F 9 t CRIMINAL JUSTICE PLAN FOR TEXAS All regalred attachments and the circumstances under which an applicant must submit rhrm are below. Forms for most required attachments are in tite CID Forms packet, which Is a part of the CID Application Elf. Some required attachments do not have accompanylt g forms. In these cases, the explanations below include a complete description of the require- ments. All Appilcoilons Unless otherwise Indicated, every application for CID funds must Include; O Resolution-Applicants must include with each local application a resolution hm the governing may, for example the city council, county commh4loners' court school board, or board of directors. This resolution mule authorlu submission of the application to CID and clearly Identify the project ror which funding Is requested. The resolution must also Include: • a commitment for cash match, If applicable. U the applicant Is no! providing all of the matching funds, then the other participating entities who are providing portions of any cash match must also submit resolutions. an aulhoriration to designate an authorized official, U the entity wished to empower a person who is not the chlef executive oMcer in accept reject or alter a grant a statement that In the event of loss or misuse of CID funds, the guverning body assures that dye funds will be returned to CID In full, for nonprofit organizations, this statement must assure CID that the g.^ndng body wit secure a ndelity bond covering the full amount or CID funds upon acceptance of any grant award, If such a bond has not already been purchased and a copy provided In the grant appllation. See Bonding and Insurance, page 59. U Texas Review and Comment System (TRACS)--This system provides opportunities for stale and local o0clais to review and comment on applications afferting their jurisdictions prior to final funding action, The only oppllcadons exempted from this poilcy are those under the Crime Stoppers AmIslance fund. All others must submit a copy of their application for TRACS review. • Applicants for I" projects meet this requirement automatically when the submit their applications to the appropriate regional council of governments. Any applicant that receives a favorable comment in a TRACS review h not guaranteed that their application will be prioritized by the COG or that CID will fund the application, A favorable comment only means that the application Is not In opposition to regional or slate prWifles; such a comment is not a funding tecommendation. , • Appllunts for statewide projects must meet this requirement by submitting a copy of the application to the state single point of contact, Mr. Tom Worts, Governors Di ice of Budget and Planning, post Office Box 12428, Austin, Texas 78111. Thts copy must be submitted for TRACS review either before or at the same time as the application Is submitted to CJ D. Q Map of Service Area-If the service area of a proposed WI or regional appitcatbn h not an entire city or county or group of entire titles and counties, then applicatians must submit a map that shoves she service area. This map should Indicate spectilcally where the boundaries of the target arts are within the city, county. or group or cities and cauniles. This map should not exceed III x I V, U Independent Annual Audit Certinutiori-This form is found in the CID forms Packet, Nonprofit Ofganlzafrons Every application submitted by a non profit organization must Include: r U Tax Exempt and Nonprofit Information-This form is found In the CID Forms packet r A• - r; L) Board Member List -A list of the applying nsonprof.1 agency's board members with their phone numbers, addresses, agency names, and titles. J 0 Copy of Fidelity Bond-All nonprofit agencles applying for conhnuallon funds from CID must include a copy of a fidelity bond Indemnifying CID against the then. Ions or misuse of the entire amount of grant funds. New nonprofit applicants may submit a copy arm bond aner a grant award, but should do so Immediately is CID win withhold funds until a bond Is received. See Ibndlne and 1xurance, page S9. 3 40 t• RESOLUTION NO. i A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE SUBMISSION OF AN APPLICATION OF THE CRIMINAL JUSTICE DIVISION OF THE OFFICE OF THE GOVERNOR, STATE OF TEXAS, REQUESTING FUNDING .OR THE DLNTON DELINQUENCY PREVEN710NIINTERVENTION PROGRAM FOR JUVENILES; PROVIDING FOR THE RETURN OF ANY LOST OR MISUSED FUNDS TO THE CRIMINAL JUSTICE DIVISION, OF THE OFFICE OF THE GOVERNOR, STATE OF TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS. the City of Denton is eligible to receive Ponds from the Criminal Justice Division of the Office of the Governor, State of Texas, and desires to increase the effectiveness of the Denton Delinquency Preventionfinten,ention Program for Juveniles by providing funding to the Fred Moore After School Program and the Teen Court of Denton; and WHEREAS, in order to receive such funds, it Is necessary for the Council of the City of Denton to authorize the submission of a Title V Juvenile Delinquency Prevention Grant Application to the Criminal Justice Division of the Office of the Governor, State of Texas, requesting funding; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION h That the City of Denton, Texas, certifies that it Is eligible to receive a funding allocation from the Criminal Justice Division of the Office of the Office of the Governor, State of Texas, for a Title V Juvenile Delinquency Prevention Grant for the Denton Delinquency Prevention/Intervention Program for Juveniles. SECTION 11. That the City Council au!horizes and directs the City Manager, or his ' designee, to represent and act on behalf of the City of Denton in applying for and working with the Criminal Justice Division of the Office of the Governor, State of Texas, in regard to such grant application. SECTION III. That in the event of loss or misuse of any Criminal Justice Division Ponds awarded by this grant, the city of Denton assures that the lost or misused funds will be returned in full. SECTION! IV. That the City Manager, or his designee, shall forward a copy of this resolution to the Criminal Justice Division of the Office of the Governor, State of Texas. - TIO V, That th;s resolution shall become effective Immediately upon its passage 1 and approval, r ' f /'t/eL` ri R i 4 n u PASSED AND APPROVED this they day of _ .1494 JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: I APPROVED AS TO LEOAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 4 VAait$JtOLOL1Out Dacument,'Resolutlom19Mnton Delinquency Rewlution doe C a TICE DENTON DELINQUENCY PREVENTIONANTERVE."TION PROGRAM ° 1. Teen Court The Denton Teen Court provides an alternative to the juvenile fustice system as a diversionary program for young offenders 12 to 17 years of age charged with Class C Misdemeanor offenses, The early intervention aspect of the Teen Court reduces the likelihood of recidivism or escalation to more serious crimes, The primary goal of teen court focu :s on requiring offenders to be accountable for their actions and accepting their guilt. The Teen Cos+rt process allows teens to be judged by their peers which includes determination of the consequences for their behavior. These consequences may be sentences of: working a number of community service hours, visits to a local youth correctional facility and serving terms of duty as a Teen Court participant, Defendants are also required to participate in other Teen Court sessions. Some of the sites receiving community service from Teen Court participants include: a Early Childhood Depvlmcrtt at Texas Woman's University • Keep Denton Beautiful • Denton Central and South Libraries • Dcnia Recreation Center a Boys and Girls Club After School Program a North Lakcs Recreation Center • Martin Luther King Recreation Center • Denton Civic and Senior Centers • Chisolm Trait RSVP • Denton Fire and Police Departments 2. Fred Moore After School The Boys and Girls Club of Denton, operating out of the Fred Moore High School gym, provides juveniles within targeted locations with supervised alternatives in the following areas; personal development, cultural enrichment, outdoor/ physical recreation, and educational opportunities which decrease the probability of criminal activity. Services are free of charge, and the Denton Independent School District host facility is within walking distance for the majority of the participants. Because the potential for delinquent activity occurs during unsupervised time, the program provides a structured alternative to reduce potential criminal behavior for at-HAjuveniles in the communit. This program is made possible by donations of personnel time and money from the City of Denton, Denton County Precinct S Justice of the Peace, the Denton lndependent School District, with Federal grant funds Lvailab'e through the Criminal Justice Division, Office of the Governor, State of Texa+. 6 Aosatpt Nu, - D I l AGENDA INFORMATION SHEET AGENDA DATE: March 23,1999 DEPARTMENTi Engineering & Transportatioa CM/DCMlACM: Rick Svehla, Deputy City Manager SUBJECT: Consider an Ordinance Abandoning an Electric Transmission/Distribution Line Easement Situated on the North Side of South Interstate Highway 35-E, Approximately 700 Feet Northwest of Southern MIN Blvd., Recorded in Volume 325, Page 616 of the Deed Records of Denton County, Texas; and Providing an Effective Date. BACKGROUND: Axley & Hargrove, P.C., representing the property owner and working through Republic Title Company, is requesting that the City abandon an easement originally dedicated for electric distribution to a former residence. The easement was originelIy granted to T, P. & L fa 1046, and recorded in Vo'vme 325, Page 616, D. R. D. C. T. Subsequently, the easement ww 3<55gaed by T. P. & L. to the City in 1972, and this assignment recorded in Volume 1740, Page 768, D. R. D. C. T. The easement is approximately 195 feet In length, with no specified width, located on a 30.65 acre tract of land presently owned by Epic Development, inc,, and situate) on the north ` side of South 1. H. 35•F, approximately 7fn1 fat northwest of ;outhem Hills Blvd. The original structure has been removed and a residence no longer occupies the site for which the easement was originally intended. OPTIONS: Approval removes an unnecessary encumbrance from the sut+ject property of an electric easement no longer in use. Denial retains an easement for an electric service line where no use exists and encumbers the subject property unnecessarily. RECOMMENDATION: i Approval Is recommended in order to remove an tnnecessary encumbrance from the subject Property t (1 ` , c ! ESTIMATED SCHEDULE OF PROJECTi None t fI t 1 C ~ i I I I i I i PRIOR ACTIONIREVIEW (Council. Hoards. Commisaioask ! I The Development Review Committee recommends approval. The Planning & Zoning Commission recommends approval. FISCAL INFORMA'T'ION: i None HID INFORMATION: None MAP, ` Attached Respectfully submitted: En ' ng Transportation zkle7--, ! C k, rector i teve Anson, Technical Assistant N C i I f. N wvww p1 n ra ■ 1 rw~ n 6 nas ww rr r rr I' r 1 rN 1 ~ I k~ w ! 5. I c ISO: ■t d i R ti, )1 1 Its i• Lai r, LOOT r b FAC[ Y alow" r LI - ~F•ai3ailS. 1r•r•r r■ [hG amaf1A7R. lC. OIL. rr.w,r IJl tr. b S. I 30.!36 Aa Il^ ti / 1Tj'O 1\ r I /fir u • \ 1 Xl~ (F r r / ' ' r~1 [/IC a[Y'aaAlOlf. llC. y ra. I/rl, w. w \ .f• ~ ,...r'' ~ . TIT LL1.1./. ~ . ♦ l 410' .w 571tia /I ■ rwr ~ r •ar 1 ~ / v M 3rrafY ~ .r M 1 49 ■ ww" Knl, w. la , 1 a a ~ ~wW Il.t1.1. ~ rri / ' r1+ MNiM. ~ ~r r ~ ~ a~ 1k 64 00"~'Al • 10 1.1./ l ~w ~y Lyr~1 LLT, .101 l1~■ IIc~y AN `I~ IrIL,l~I IM MYn M M' 1 M'IYYY r A s Ilw.r an, pg'11' Mn' 140/1111" a rw is, 11.L' rlfir rYY' 1004'1411, A 64.1' 111.11' 11'n'1 10,611 1 0040.1" a M o. a' wlPrr wn n, 1 11004" a 16 400, M o. r W'd NO w,wr 1 WOO-Om a we NO Polo- lo~n- w. w luwtilm 4 L f EXCERPTED DRAFT MINUTES FLANNINO AND ZONINO COMMISSION December 16, 111ft The regular meeting of the Planning and Zoning Commission of the City of Denton, Texas was held on Wednesday. December 16, 1M. N 5:20 p.m. In the City Council Chamber at City hail, 215 E. McKinney, Denton, Texasi Present Eitzsbeth Gourd's, Salty Rlshei, Susan Apple, Jim Engelbrach6 Rudy Morro, Carol Ann Garver, and Bob Powell Present from Stall: Mike &xok, First Assistant City Attorney; Merit Donaldson, Assistant Director of Planning, John Gillette, Assistant Fire Marshal; Wayne Reed, Planner 1; David Salmon, Engineerlg Adminialrstor, Trims McElmath, Planner fl ITEMS FOR INDPA2V L CONSIDERATIO 12. Consider making a recommendation to the City Council tonaeming the abandonment of an aaeement for f'"trio distribution, located on 04 naM olds of South IN•2111-E, northwest of Southern Hills Bou'.evard. Commissioner Engelbrecht: Okay. Wa'N reconvene the mooting at this time. Mr. Donaldson had a request, and I would ask him to voice Shat to the Commis.tbn as a whole Mr. Donaldson: Item 012, which you asked us to skip. Is a wry short Kam. Its an abandonment of an Med easement. I think.,. Ms. Apple: Can you talk really fast? Mr. Donaldson: David an talk really fast, and 0 we do R. then we free him up to go do other work for the City this evening yet, s0.... Ms. Apple: Okay-lf you'% promise to talk really fast. i Me Garter. This N not a public hearing-right? Commissioner "llbrecht. No, This Is an Item for lmdlvlduat Consideration, so k's not a public hearing. AN right, let me begin by saying we will now take up Rom 012--conekler making a recommendation to the City Cound concerning the abandonment of on sessment of etedric distribution, located Orel the north side of South IH•25 E, northwest of Southern Hills Boulevard, Mr. Salmon's gokg to do the staff repot. Mr. David Salmon presented the staff report Mr. Salmon Thank you, Chair and members of the Commission. 11 make this very qukdt. WaYe got on old Tex" Power end tight easement that was dedicated In 100 to serve a single-family residence at this baton thal's shown on the map, The City of Denton inherited this sasament from them book In the 70s, and the house that 4 served has %Inc* been tom down. We don't need it to serve anythlrg, and the people who own the property don't want 4, either, They plan to develop N property IMO comet itg sloe, to we recommend that we abandon this old electric easement. CommisWor Engelbreeht: Any quesliws for Mr. Salmon? Mr. R*W: No. , l Ms. Genzer: I'd like to make a motion. Commissioner Engerxecht: Is there anyone who would he to speak to this Issue? Thank you. Yes--motion. Ms Gamer: I'd k r to make J nation. I move thet we recommend for the City CcunnJl Approval of the 1 abandonment f I an saument for elecirltat distrlbutkn bested on the north We of South Interstate Highway 36E, northwest of 6„uthern kills Boulevard and" recorded In volume 225, page did and In volume 144, page 166 of it • i i c. c: i i I I I I I r unnxq ono Lm.ij %Ammmoon Mxxnm Dtwamber it, 1001 I Pne 2 o12 04 Dw Reoada o(Danton County, Tan. I Mr. RisW: rd OMa to aaooed that. Comma OW Emoobwft It's bean Mond and second to rooww*md approval DhcumOon on Ow ww 7 At in hva• Pima ra" yaw r%ht hand. Motion arrWe w+onimoudy. (1- 0) Pi2t7tPOMMNUTE6•E~oonpldlNmt~.6oe I r 6 r • P i~ ORDINANCE NO. AN ORDINANCE ABANDONING AN ELECTRIC TRANSMISSIONMISTRIRUTION LINE EASEMENT SITUATED ON THE NORTH SIDE OF SOUTH INTERSTATE HIGHWAY 35- E, APPROXIMATELY 700 FEET NORTHWEST OF SOUTHERN HILLS BLVD. RECORDED IN VOLUME 325, PAGE 616 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE, WHEREAS, an electric transmission/distribution line easement exists on land owned by Epic Development, Inc which no longer serves the residence formerly situated on the north side or South Interstate Highway 33-E, approximately 701 feet northwest of Southern Hills Blvd., which such property owner desires abandoned; and WHEREAS, the easement waa conveyed in 1946 to T.P.& L. per Volume 325, Page 616 of the Deed Records of Denton County, Texas and assigned to the City of Denton per Volume 1740, Page 768 of such decd records; and WHEREAS, the Planning and Zoning Commission of the City of Denton, Texas reviewed the requested abandonment and recommended approval on December 16, 1998; and WHEREAS, the Council of the City of Denton, Texas has determined that such electric transmission/distribution easement is no longer needed for public use; and WHEREAS, that the process for determining the fair market value of the easement above, as applicable, pursuant to Section 272,001 of the Texas Local Government Code relating j to the conveyance of easements to abutting property owners who own the underlying fee simple shall be followed in effectuating this abandonment; NOW THERFORE, , THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION 1. Thal the electric transmission/distribution line evicement located on the north tide of South Interstate Highway 35-E, approximately 700 feet northwest of Southern Hills Blvd, conveyed to T.A.& L. per Volume 325, Page 616 of the Deed Records of Denton County, Texas, and assigned to the City of Denton per Volume 1740, Page 768 of such deed records, is permanently vacated and abandoned as a public easement. SECTION II. That by reason of such vacation the City of Denton's property Interest in the said easement shall, by operation of law, revert to the owner or owners abutting the easement herein abandoned, and the City of Denton releases any and all claims to the use of the vacated property as a public easement. SECTION Ill. That this ordinance shall become effective immediately upon its passage and approval 7 c, 0 PASSED AND APPROVED this the _ day of '1999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS. CITY SECRETARY BY: APPROVED AS TO LEOAL FORM: HERBERT L, PROUTY, CITY ATTORNEY BY: 42(ee-( I 1 i 5:\Nr ik+:nmentOrdimmm'991pie Abaidooment.dw 8 tu ~~rrfo 94-D// ~ AGO* BMW ~ ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 99-057 ORDERING AN ELECTION TO BE HELD ON MAY 1, 1999; FOR THE PURPOSES OF SUBMITTING TO THE REGISTERED VOTERS OF DENTON, TEXAS AMENDMENTS TO THE DENTON CI1V CHARTER; BY AMENDING AMENDMENT NO. 2 AND AMENDMENT NO. 5 TO ADD SOME ADDITIONf t. STATUTORY REFERENCES; TO AMEND PROPOSITION NOS. 2 AND 4 TO CORRECT STATUTORY AND SECTION REFERENCES; TO AMEND PROPOSITION NOS. 5, 7, AND 11 TO ELIMINATE REDUNDANT AND UNNECESSARY PHRASES; TO AMEND PROPOSITION NOS. 8 AND t4 TO CHANGE WORD REFERENCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE, PROVIDING AN OPEN MEETINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE, WHEREAS, the City Attorney has found it necessary to make non-substantial technical changes to Amendment No. 2, Amendment No. S, Proposition Nos. 2, 4, 5, 7, 8, 11, and 14 of Ordinance No. 99.057 calling a City Charter Election to comet statutory, section, and other references in order to simphry and correct the language of the ordinance and ballot; and WHEREAS, the City Council deems it in the public interest to amend the Ordinance to make these changes; NOW,'MEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Section 1, Amendment No, 2 of Ordinance No. 99-057, passed by the City Council on February 16, 1999, Is hereby amended to add an additional statutory reference so that Amendment No. 2 hereby now reads as follows: AMENDMENT NO.2 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 specifically those powers made available to cities of more than rive tho: sand (5,000) inhabitants by what is known a9 the Home RAt Amendment to the Constitution of Texas (Article X1, Section 5 and the Home Rule Enablieb Act (VispNr 11 Pernon'r Texas Codes .4nnorared, Texas Lucal Government Code Section 5.004, Chapter 9, Chapter 26, and Subchapter E of 0aprer 51), as these laws now read or may hereafter be at tendril. The City may acquire property within or without its corporate limits for any municipal purpose; may cooperate with the government of Texas ur any agency thereof, or with the federal government -J r III I I or any agency thereof, or with the government of any tourtY, citY, or political subdivision to ; accomplish any lawful purpose for the advancement of the health, mor:.1% safety, conveairnce, or welrare of the city or its inhabitants; may sell, lease, mortgage, hold, manzer, and control such property as its interest may require; provided the City shall not sell, convey, lemi mortgage, or E otherwise alienate the entire assns of any public utilitysystem or any portion thew ofessenrial to continued effective utilityservice without the prior approval by a majority of the qualified voters of the City who vote at an election held for this purpose; and may exercise the power of eminent domain when necessary or desirable to carry out any of the powers conferred upon it by this Charter or the Constitution or taws of Texas. The enumeration of particular powers in this Charter shall not be held or deemed to be exclusive, but in addition to the powers enumerated j herein, implied thereby or appropiate to the exercise thereof, the City shall have and may exercise all other powers which under the Constitution and general laws of this state it would be competent for this Charter to specifically enumerate. SECTION II. That Section 1, Amendment No. S of Ordinance No. 99-057, passed by the City Council on February 16, 1999, Is hereby amended to correct the statutory reference in subsection 4 of Section 2.02 "Qualirfcations" so the same shall hereafter read as follows: AMENDMENT NO. S That Article ii orthe Charter shall be amended by amending Section 2.02 Qualirrcatiorrsi' so that the same shall hereafter read as follows: See. 2.02. Qualiflestions. (a) Each member of the Council, in addition to having the other qualifications prescribed , by law: J (1) Shal l be a quelifis vswr 6 registered to vote in the City; 1 (2) Shall have resided for at least one year next preceding his or her election within the corporate limits of Denton and, [running within a single member geographic district as set forth in Section 2.01, in the district in which elected; (3) Shall M81 199 Ift WORM IN 1144 PGYM!hl Of MY Wdl Of 91144F WNW A01 dM! IM fiyy (4) (3) Shall not hold any ether public office of emolument; (4} Shall have and maintain the eligibility requirements jar mrmicipal gQicers set forth in Section 141.001 of the Texas Election Code, Vernon or ?bias Civil Statures Annotated hereinafter referred to as "Election Code" as it may now read or hereafter be r (t;-~ amended. PAGE 2 M t, II I li ~I f` 4 I (5) w441!-tTlO-G ~10601&d In AM NO$ to of ti~- *0 Qt)- Of My ailtie e , , -Of 108 FAB! r within the Gi1y, e~ n~..wwr iii T (b) Ira member of the council shag after being elected, cease to possess any of these qualifications or eligibility requirements, or shall hold another once of emolument, or enter a plea of guilty to a felony, or be convicted of a felony he or she shall Immediately forfeit his or her office. SECTION 111. That Section 11, Proposition No. 2 of Ordinance No. 99-057, passed by the City Council on February 16, 1999, is hereby amended by amending Proposition No. 2 disposal of utilities and to add the phrase "and to correct statutory references" so that the same shall hereafter read as follows: PROPOSITION NO, 2 - Disposal of Utilities: 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 provide that the City may not I sell, lease, mortgage, or otherwise alienate the entire assets of any utility system or any essential portion thereof without the approval of a majority of all the qualified voters voting at an election held for that purpose and to correct statutory references? SECTION I.V. That Section 11, Proposition No. 4 of Ordinance No. 99-057, passed by the City Council on February 16, 1999, is hereby amended to change the reference to Section 1.08 to Section 1.07 so that the same shall hereafter read as follows; PROPOSITION NO. 4 - Gender Neutral; Shall Article I of the City Charter be amended by adding a new Section 1.07 so that the Charier becomes gender neutral by extending all references in the Charter to the masculine gender to apply also to females and where applicable to firms, partnerships, and corporations? SECTION V. That Section 11, Proposition No. S of Ordinance No. 99037, passed by the City Council on February 16, 1999, is hereby amended to eliminate unnecessary and redundant phrases so that the saint shall hereafter read as follows PROPOSITION NO.5 - Municipal Elections: Shall Article It and Article III of the City Charter b,,- amended by amending Section 2.02 requiring each member of the Council to be a registered %%,or and have the minimum eligibility requirements for a municipal officer set forth In the state r r law, reside for one year prior to the election in a single member district for which the person Is runn;ng; to eliminate the requirements that a councilmember Mt be in debt to the City, not be it terested in the emoluments of any contract or transaction Wth the City, and not be an officer or dirator of a public service corporation, and to require forfeiture of the office upon ceasing to possess these qualifications or upon conviction of a felony; by amending Sections 2,04 and 3.01 PAGE3 i i I i to require municipal elections to be held on uniform election dates in accordance with applicable laws; by amending Sections 3.02, and 3.04 to acknowledge awareness of nepotism laws in the petition to nominate a candidate for councilmember, changing the required number of signatures on the petition, and to require canvassing and the holding of a runoff election in compliance with applicable laws? SECTION VI. That Section II, Proposition No. 7 of Ordinance No. 99.037, passed by the City Council on February 16, 1999, is hereby amended to remove the redundant last phrase so that the same shall hereafter read as follows: PROPOSITION NO. 7 - Taxation: Shall Section 7.01 of Article VII of the City Charter be amended to provide the City's power to lax shall be consistent with the Tax Code and to delete Sections 7.02, 7.03. and 7.04 regarding the payment, collection, levying, seizure, and sale of property for delinquent taxes, delinquency penalties, and establishment of tax liens, and to renumber the remaining sections, so that these matters will be governed by the Tax Code and other applicable laws? SECTION VII. That Section 11, Proposition No. 8 of Ordinance No. 99-031, passed by the City Council on February 16, 1999, is hereby amended to change the word in the next to !ast line "officers" to "offices" so that the same shall hereafter read as follows: i PROPOSITION NO. 8 - B2dW: Shall Article VIII of the City Charter be amended by amending Sections 8.04 and 8.03 to provide for a public hearing on the budget after the le day the proposed budget is filed with the City Secretary but before taxes are levied; to provide for notice to be published in accordance with applicable laws; to provide for adoption of the budget after the public hearing; allowing the proposed budget to take effect if the Council takes no action before the end of the fiscal yoar; allowing Council to make changes in the budget; and amending Section 8.07 to authorize transfer of certain unencumbered funds within and between offices, departments, agencies, and organizational units during the fiscal year? SECTION ViII• That Section 11, Proposition No. I1 of Ordinance No. 99-037, passed by the City Council on February 16, 1999, is hereby amended to eliminate an unnecessary subsection reference and to change section references so that the same shall hereafter read as follows; PROPOSITION NO. I I - Deletion of City I Mgr: Shall Article X, Section 10.07, Article XI, Section 11.02, and Article X11, Sections 12.07 and 11.08 of the City Charter be amended by deleting the Board of Adjustment, the Parks and Recreation Board and the Public Utility Board from the City Charier and requiring that the City Ccuncil, by ordinance, establish a Board of , Adjustment and boards to advise the Council on parks and recreation and public utilities, , consisting of at least seven (7) members having the qualifications, powers, duties, and terms established by the City Council and providing that the current hoard of Adjustment, Parks and Recreation Hoard and Public Utilities Board shall con.inue to function under these provislons of the Charter until the ordinances creating these Boards are effective and renumbering the remaining sections accordingly'l PAGE 4 t, cI I Q SECTION IX. That Section 11, Proposition No. 14 of Ordinance No. 99-057, passed by the City Council on February 16, 1999, Is hereby amended to insert the word "of"after "Article XIV" and to insert the word "Local" after the word "Texas" to that the same shall hereafter read as follows: PROPOSITION NO. 14 - Conflict of Interest: Shall Section 14.04 of Article XIV of the City Charter be amended by eliminating LSe current conflict of interest requirements and substituting the requirement that any officer or emr loyee having a substantial interest in a business entity, as that term is defined by chapter 171 of the Texas Local Government Code, shall comply with chapter III and, if necessary, shall abstain from voting on a matter on which the person has a substantial interest and file an affidavit setting forth the substantial Interest In the matter to be voted upon? SECTION X. That save and except as amended hereby, all the sections, subsections, paragraphs, sentences, clauses, and phrases of Ordinance No. 99-057 shall remain In MI force and effect. SECTION X.I. That if any section, subsection, paragraph, sentence, clause, phrase or wont in this ordinance, or application thereof to any person or circumstances is held Invalid by any ciurt of competent jurisdiction, such holding shall not afYect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION X1I. That the City Council has found and determined that the meeting at which this ordinance is considered Is open to the public and that notice thereof was given in , accordance with provisions of the Texas open meetings law, TEX. GOVT CODE ch. $51, u amended, and that a quorum of the City Council was present. SECTION XW, That this ordinance shall become effective Immediately upon its passage and approval. PASSED AND APPROVED this the day of 1999. JACK MILLER, MAYOR PAOE 5 h ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY C~ BY: ' i i 4 / f PAG86 AGENDA INFORMATION SHEET Agenda No._Q,,(Z(L_ Agenda Item- /1. _ 1 Date ??•49~~ AGENDA DATE- March 23, 1999 DEPARTMENT: Planning Department CM/D0IlACN1: Rick Svehla, 349.7713 SUBJECT-Z-99-003: (Denton Chamber of Commerce SUP) 1 Hold a public hearing and consider a Specific Use Permit for Off-Street Remote Parking. The 0.2927 acre property Is currently zoned Two-Family (2-F) and is located on the southeast corner of Carroll Boulevard an : Congress Street. It is legally described as Lot 7, Block 1, of the Barbs Addition in the Robert Beaumont Survey (Abstract 31). The Planning and Zoning Commission recommended approval (6-0, absent member Susan Apple) with conditions. (Z-99-003) BACKGROUND The applicant Is requesting a Specific Use Permit for Off Street Remote Parking to serve the Denton Chamber of Commerce. The applicant has included a site plan with the SUP request indicating a total of twenty-five (23) parking spaces which includes one (1) handicap space ThIs 0,2927 acre property is located In a Two-Family (2-F) zoning district which allows Off-Street Remote Parking with an approved Specific Use Permit, The property also falls within the boundaries of the Central Business District. The property is currer,;y undeveloped. The request for ibis Specific Use Permit Is consistent with the 1988 Denton Pfvelopment Plan (DDP) and the j 1998 Denton Plan (DP) Policies as applicable (see Attachment 1-Comprehensive Plan Analysis section). Thirteen property (13) property owners were notified of the zoning request. Five (S) responses were received, Three (3) responses were received in favor of the request. One (1) response was neutral and one (1) response was received In opposition. This calculates to.004% of responses received are in opposition. 'therefore, the Twenty (20) Percent Rule does not apply in this case The subject property was placed in the Two-Family (2-F) zoning district and land use classification by Ordinance 69.01 on January 14, 1969. PRIOR ACT ON/REVIEW January 14, 1999-Zoning application filed. February 10, 1999.1 he Planning and Zoning Commission recommended approval (6.0, absent member Susan Apple) with Conditions. r ESTIMATED SCHEDUL.. OF PROJECT r if approved, this will be the final action for this zoning case prior to platting, FISCAL INFORMATION Dcvelopmcnl of this property will increase the assessed value of the city, county, and school district, It will require no short4crm public improvements that are the responsibility of the city. 1, t i r c, F RECOMMENDATIONS The Planning and Zoning Commission recommended approval per the site plan with the following conditions: l • Require a minimum amount of landscaping as shown in the existing site plan. • Require a six (6) foot high solid wood fence constructed along the eastern property line subject to the regulations in place for building such a fence In the City of Denton. • Lighting on the property shall be designed and maintained so as not to shine on or otherwise disturb, surrounding residential properly or to shine and project upward to prevent the diffusion Into the night sky. OPTIONS 1. Approve as submitted. 2. Approve with conditions 3. Deny. 4. Postpone consideration. S. Table item. ATTACHMENTS 1. Planning and Zoning Commission Report, February 10, 1999 (Z•99.003). 2. Planning and Zoning Commission minutes from February 10, 1999. 3. Draf Ordinance I Res tfullyy ssubmi Hill Director of Planning and Development Prepared by: Nilssen Planner 1 t u 2, ATTACHMENT 1 99, O3 Agenda Na Aperde Item n DEW _c?s~o-Qg ~PLANNING AND ZONING COMMISSION STAFF REPORT Sublec : Denton Chamber of Commerce SUP Case Number: Z-99-003 Staff: Kathryn Nilsson, Planner I Agenda Date: February 10, 1999 Hold a public hearing and consider making a recommendation to the City Council concerning the request for a Specific Use Permit for Off-Street Remote Parking. The 0,2927 acre property Is currently zoned Two-Fandly (2-F). The Intention is to allow for twenty-five (25) parking spaces to exclustvley serve the Denton Chamber of Commerce. I k. NIL- on W so r■ SITE ■ ~ 1 • ! s ;111 Q~ • l AV WL w • y ~ r L. C TION MAP Location: Southeast corner t• 4. Carroll Boulevard and Congress Street, Size: 0.2927 acres fdenav 3. i V v Applicant: Charles Carpenter Owner: Denton Chamber of Commerce Denton Chamber of Commerce P.O. Box P P.O. Box P 414 Parkway 414 Parkway Denton, Texas 76202 Denton, Taxes 76202 i I! Section 35-7 of the Code of Ordinances outlines the rules of procedures for amendments to it zoning boundary or district. In general, any person having proprietary interest In any property may petition city council for a change or amendment to the provislons of the Zoning Ordinance, or the Planning and Zoning Commission may on its own motion or on request from the City Council Institute study and proposal for changes and amendments In the public interest. The applicant is requesting a Specific Use Permit for Off-Street Remote Parking. The applicant has Included a elte plan with the $UP request Indicating a total of twenty-five (25) parking spaces which includes one (1) handicap space. This 0.2927 acre property Is located in a Two-Family (2-F) zoning district which allows Off-St Beet Remote Parking with an approved Specific Use Permit The property also falls within the bounda,,es of the Central Business District. ram 4. h v I i i I tee. ~I 1988 Denton Development Plan Analysis I The 1988 Denton Development Plan (DDP) shows this area to be within a Major Activity Center. These areas are the largest centers strategically located to encourage the concentration of commercial, retail, office, light Industrial and multl-family housing. They are intended to serve as a hub for eoonomlc activity and employment. Vehicular trlp generation due to development wRhln a Major Activity Center to nL t restricted. Staff finds the proposed development to be consistent with both the policies and trip intensity standards of the 1988 DDP. The table below provides a summary of the 1988 Denton Development Pion policies applicable to this project; Denton Development Plan Policy Analysts Summary Major Activity Center Development Rating vs. Pollcy sor"Immult POLICY COMMENTS tno wwout consiatert Intent These areas are the largest centers sbategk* butw to tnmrrape the concentration or coarse did ratan, OfIce, Ight krdusMal and m rRamlty housing. x intmalty /tandard. Thor! Is W Ilmlt to the number of bips to be generated by C!velopment' in maim Acuty Centers. x Public luNtllas. Adequate pubac Irdrastruct m Rich as roads end utUrdes, atauld be avetlable to support Me centers. x land Lend use dversity, U" L* ndudAI h ggi'& Usa va ~ housing, ahou~ j encouraged ,;new -derdt; howng x shood elyyhborhection. low dens ty Ths prokd would sense to ellminaU Ck resQenbal a eas a Mve of the Maio new for visitors to the Chan> w or Activity Centers shoutd be protected. Commerce to And their own overflow Trarfk to and rrom the antes should parkim whepkr I be paridng on the avoid use of local resldenbat street', street or using other cornmendal lots, x I ra4.wme t S, 1 1998 Denton Plan Policies Analysis l The 1998 Denton Plan (DP) is to be used in conjunction with the 1988 Denton Development Plan In evaluating the consistency of proposed development with the long range vision for the city. Stall finds the proposed development to be consistent with the policies of the 1998 DP. The tabie below provides a summary of the 1998 Denton Plan F olicles applicable to this project: Denton Plan Pour Analysis Summary Development Rating vs. Policy CATAGORY POLICY Inconsistent ConsNtent Transportation. Compllments Denton's long-Range Thoroughfare Plan. % Promotes Access Management Practees x optimlies operations for !merger f service provident and other pubic service providers, x Promotes public transportation system. X Contributes to the Denton Traus network. Stormwater Dralnage. Protects tog,year Roociplain areas in accordance with Denton'; watershed management plans. X Conforms to but subdivisor regulatone It Contributes to reglnnal detention fadlibes, provides rn nabral nparlar a tvironment along floodplain, Upgrades existing substandard drdnage systems as InfIN and redevelopment occur, Water and 0ew.4ops and maintains property and private wastewater, Infrastructure. X Creases opportunity rur everting water and wastewater tines to meet Muff development demands Provides revkw or proposed water and wastewater infrastructure to ensure public safety and health. Promote%infiil Improvements aver new the extensions. X Electric. Provides underground electric service for new residental end ronreselenbal development. 1 Solid Waste. Promotes efRclent aaess to ail devebpment for sotld waste service delivery. Parts and Recreation. locates parks and recreation faditles hr accordame with the Parks and Recreation Strstegk Plan. Enharxes parks and recreation opportunities For residents. Preserves Roodplaln for parks and open space to old In fioodpraln conservatlon eflorts x Allows combning a parks with other We radllbe i to achieve cost ,effective delivery of pubic seroces. Residential development should eleelkate land or fees In v J.' Illu of tend for neighborhood parks, 1 Environmental Promos r rv n Quality. Promotes p ese alb of natural resources. X Integrates envlronmenteq protecum with wonic growth ant community deaeimmenL X Fileum ' 6, t u 1998 Denton Plan Policies Analysis (continued) Denton Plan Policy Analysis Summary Development Rating vs Policy CATAGORY POLICY Irr"stent AppncMe consident Neiyhberhoode. Provides smess to pubik and oommunlty fadlltks kr reddened neghb0cods It fro w" a Ott" of land um ttat behest reddmts, It Avtecte and preserves vMng nelghOcwhoods, x ften hs *Yde and ~am tnAk wtbNn and between ndghba 00ds to reduce ve*iAv trips. Howrig. W" of f ~ d* Ippeat to Owing Offers a wntrty d single-hmity tot slm, bulking sloes, and prise rwpes. Preserves WWII housl% kwu&g aNwdeble hoWng. Increases Ill h*Wnq tarutrWW, 1CO"OMtC C"IA M to a and ~,henMed bcd ecowny by Dlvenifictttl0n. k creasinO OMOO W and enpar~lnp ft to base. Oovemment Enw$M lnhrpovsMrt tel coodnatbtt to v*Mo costOlctlve ptrelk servkes. Urban Dwon. Addresses contrnun{ty appearance In a comprshe WA manner, x Drverslfles arcNWo .rd appearance of bum armmnenenl. Neghborfaod WN dttvdoptnent should be ca o t le wish awOng land uses and mcflnos, x { Prop v Ind press m DenNnt srehnecV10, culturd and htt rIcd mouroes; x , "MM the appearance a maJa entrarkew4% Aromotes tN preservdm of beet and *4oupltq. x Public Invalvamm6 Provides an opportuMY fa pubfk opnbn A+rtrq tlx pianNnq praasf, It u A, I 7. t r I i 1. Transportation A. Trip generation Vehicular trip generation due to development within a Major Activity Center Is not restricted. S. Access I The property has direct access to Congress Street with Indirect access to N. Carroll Boulevard. C. Road Capacity N. Carroll Boulevard Is Identified as a six (8) lane primary major arterial road by the 1998 Denton Mobility Plan. The addition of this Off-Street Remote Parking should not adversely Impact traffic counts, Congress Is defined as a collector and the direct access onto Congress is in compliance with the current Subdivision Regulations. D. Pedestrian Linkages Sidewalks currently exist along Congress Street and N. Carroll Boulevard. 2. Utilities This site has acoass to existing public utilities. 3. Drainage and Topography New development will be required to design and construct a drainage system to city standards, A preliminary drainage study will br required with the submission of a preliminary plat. The study must Include calculations of the 10P-year storm for all drainage areas on this property and any area that drains towards this property. The developer must indicate the method by which the run-off will be carried across the property or stored on the property. 4. Signs New development must comply with sign ordinance. 8. Landscaping Although this property Is exempt frorn the landscape Code because it falls within the Central Business district, the applicant has chosen to landscape the property per the site plan (see Enclosure 2), Staff suggests that the landscaping per the site plan be accepted as a condition to the zoning. ,1. 8. Lighting ' l Lighting should be addressed to prevent Intrusion Into surrounding properties. Akrumc i B. I I 7. Environmental Quality Impacts i Staff recommends additional screening on the east side of the lot to buffer any noise (or other adverse conditions that may occur) from Impacting the property to the east. This screening should corslst of a six (6) foot high solid wood fence constructed along the entire length of the eastern property line. J 11 January 14, 1969 - The subject property was placed in the Two-Family (2-F) zoning district and land use classification by Ordinance 69-01 which adopted the first zoning ordinance and map for the City of Denton (see Enclosure 3), 'rho subject property Is not platted and would need to be platted prior to any development. Notice of the zoning request was published In the Denton Record-Chronicle on January 31, 1999, Thirteen (13) property owners were notified of the request on January 29, 1999 (see Enclosure 4). As of this writing, there have been two (2) responses, both In favor of the request. The representative for the applicant did not feel a relghborhood meeting would be necessary. The property owner to the adjacent eastern property was approached Individually with no { objections (per the representative,) Section 35.112 of the Code of Ordinances provides that a Specific Use Permit shall be Issued if al conditions as listed in the section are met (see Enclosure 6). Staff flnds the application (par the 1 site plan) meets all conditions. Section 35-113 of the Code of Ordinances provides for additional conditions if warranted (see Enclosure 5), Staff recommends approval of 2.99.003 with the following conditions; 1. Require a minimum amount of landscaping as shown In the exlsting site plan. , r, 2. Require a six (6) foot high solid wood fence constructed along the entire length of the eastern property line. 3. Lighting on the property shall be designed and maintained so as not to shine on or otherwise disturb, surrounding residential property or to shine and project upward to prevent the diffusion into the night sky. Pima" 9. l 1 a u k I move to recommend approval of Z.-09-003 with the conditions as outlined by staff: t 1. Recommend approval as submitted, 2. Recommend approval with conditions, 3. Recommend dental. 4. Postpone consideration, 6. Table item. I 1. Vicinity Map. 2. Site Plan. 3. Zoning Map. 4. 200' Properly Owner Notification Map. 6. Sectlon 35.112 Conditions for Approval/Section 35-113 Additional Conditions. i I i E I I F I r k ro, li ENCLOSURE 1 e N H Z-99-003 (Denton Chamber of Commerce SUP) SITE ■f Ron ~ ` i ~ srre DENTON L COFC ~ ip z w PARKWAY n ■ ■ ■ VICINITY MAP i Agenda Dale: February 10, 1999 11. Scale: None l~ ENCLOSURE 2 w erau ~wwre r ~ L H r I I i r r I t.•~ 12. . .r DD IFE11111 C. f ENCLOSURE 3 NORTH Z-99.003 (Denton Chamber of Commerce SUP) I SITE • 2F ■ ■ Mr'-' will PD 62 Now ■ .p L Wen ST SIFE c ■ 2 F PDi43 2F 7 y 0 • I w oawcwa~ Y ~T W MRKMfA = A!F-1 r 2F 3 ZONING MAP ~'II a Agenda Date: February 10,1999 Scale: None 13. I c• ENCLOSURE 4 NORTH Z-99-003 (Denton Chamber of Commerce SUP) NO ■IO r , • • rww ~ • SITE ■ Wt. R -I rf ■ ' 200.500 FOOT NOTICE MAP Agenda Date: February 1,,), 1999 14. Scale: None t' ENCLOSURE 5 Sec. 35.112. Conditions for approval. A specific use permit shall be Issued only if all of the following condition have been found: (1) That the specific use will be compatible with and not injurious to the use and enjoy- ment of other property nor significantly diminish or impair property values within the immediate vicinity; (2) That the establishment of the specific use will not impede the normal and orderly development and Improvement of surrounding vacant property; (3) That adequate utilities, access roads, drainage and other necessary supporting facil- ities have been or will be provided; (4) The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; (5) That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; (6) That directional lighting will be provided so as not to disturb or adversely affect . neighboring properties; and (7) That there Is sufficient landso iping and screening to ensure harmony and compati• bility with adjacent property. (Ord. No. 69.1,1 I(App. 8, Art. 10E), 1.14.69; Ord. No. 61.103, 11, 11-3-81; Ord. No. 84.92.1 1, 7.2484; Ord. No. 65.33, 56 1, 2, 2.19.86) See. 85.118. Additional conditions. In authorizing a specific use permit, the planning and coning commisslon may recommend and the city council may Impose additional reasonable conditions necessary to protect the public Interest and welfare crthe community, including a time period for which a specific use permit Is valid. (Ord. No. 69.1, 1 I(App. B, Art, 10F), 1.14.69; Ord. No. 81.103, 41, 11.3 1; Ord. No. 84.92, 9 1, 7.2484; Ord. No. 6533, If 1, 2, 2.19.85) 6upp. NO. 1 2634 • i / Ay ~ ~ i 1 f ~ \ 15. i ATTACHMENT 2 Page 115 t x1R F,NGrrBRECH r: Any other comments? Mt. I In this case we're way, way over trip 2 Rishei. 2 generation and there are many other source or uses that 7 Ma .wstlEL: I appreciate the dcvclaper 3 could carne, at least, much, much closer to allowable 4 being here aril putting forth a plan that mlght 4 trip generation. So with that in mind, and 1 also want 5 eventually something that might help the neighbors 3 to echo what 'a been said with regard to the approach 6 eventually buffer the sound that's going to come off of 6 with which the opposition came in this evening and you 7 that road because I do Net it's going to get worse 7 were organized and mintHied the amount of time required 8 before it gas better. I can't tell you how pleased wt a for your public presentations, and we appreciate that a 9 arc as P & Z members to have so many people in our 9 great deal. Any other comments? All in favor of the 10 audicrtce that want to speak and feel that they're going to motion, please raise your tight hand. Motion carries I I to be heard before our body and the t om ents that they t I unanimously. 12 have are going to be ILstered to and the Input that you 12 MR RisHEr: Pm only disappointed that 13 have and the time that you've taken on this Issue is 13 we're going to lose so much of our gallery. 14 valuable to us. 14 Mp ENGFLORECHT, YOU can stay for the next 15 When we start to See things that there are I s case if you'd like. 16 so much opposition from neighbors that doesn't comply 16 Item 10 this evening is to told a public 17 with our pescrvation or neighborhoods, who it doesn't 17 hearing and consider making a recommendaiion to the City I s comply with our staff recommendations and our planning is Council concerning the request for a Specific Use Permit 19 that we've done strategically, these all become red 19 for off-street remote parking, The 2.9 acre tract is 20 flags to us as a community and as a Board and I think 20 currently zoned Two-Family and Is located on the 21 that this is going to be a very difficult piece of 21 southeast comer of Csrroll Boulevard and Congress 21 property to develop. I think if we knew more about how 22 Street. it is legally described as Lot 7, Block 1 of 23 this was flushed out and the detail or how this might be 23 the Barbs Addition. The proposal is for Off•Su ct 24 presented, I'd like to we this brought back before us 24 Remote Parking totaling 25 spaces And Ms. Nilsson is 2s in it different format, with much heavier resuiccon and 25 going to provide us with a staff report and Page 114 Page 116 I preservation of neighborhoods. Thank you. 1 recommendation. 2 MR. ENGE1 BRECHT; Yes, Mr. Moreno. 2 Ms. NIISSEN. Thank you very much. As 3 mx MORF.NOr mt. Chairman, I'd like to echo 3 mentioned, this is a request for a Specific Use Permit 4 Mr. Rishel's remarks. Cm very appreciative of the 4 for Off-street Remote Parking for the Denton Chamber. s neighborhood, the way it got organimd, taw it showed s And it is located on the southeast cornet of North 6 its Cohesiveness in its opposition to the plan without 6 Curoll Boulevard and Congress Street. 7 keeping us here till midnight I'm very appreciative of 7 The applicant has included a site plan with a that a his application and it does total 75 parking spaces with 9 MR. 6NGU BRri:H r l would like to say also, 9 one handicapped space. It's a .2927 acre property. to I will be voting with 'hc motion, There hat berm some to It's located in a two-family toning district, which does I I discussion among members that we don't know what's going t 1 allow Off•Strect Remote Parking with an approved 11 to go here. We have a plan that was developed in 1988 12 Specific Use Pernut. The property also falls within the 13 that says this is to be low density. Most of these 13 boundaries of the Central Business District. 14 residents arc purchased since that period of time, so 14 In the comprehensive plan analysis, we the 13 they bought going in with the City telling them this is IS staff finds that it is consistent with the policies and l6 the plan. There is on area right there, M124, which 16 trip intensity standards of the 1998 DDP, It also V 17 is designed fa the neighborhood service area. It's j7 consistent with the policies of the 1998 Denton Plan, is already been zoned. This may in order to get is Due to the fact that it's a major activity center, trip , 19 somewhere within the density requirements may raced to be 19 generation is not restricted. The property does havs 4, , 20 something such as a nursing home or something of that 20 direct access to Congress Stmt with indimt access to 21 nature if single family won't quite work. But it 21 North Carroll Boulevard. The sidewalks are currendv 22 wouldn't be 545 percent above a loud trip generation 22 existing along Congress Stmt and North Carroll 23 We have (crKk f to bump up that a little bit when we saw 23 Boulevard. TIrrc is no problem with dtc traffic going 24 something that seemed appropriate and there was there 24 off of Cor, ass onto Carroll. Actually the Congress is 73 wasn't anyway around it. 25 a collector and the direct access onto Congress is in The Reporting Profe"lonals Q40) 484-6053 Pogo 113 • Page 11 16. ' Ct c. I Condenselt"' Page 117 Page 119 i compliance with the subdivision regulations, 1 questions, I'll be glad to try to answer them for you. 2 The only issue I have really is the 2 MIL ENGELB RFCHT: Yes, Ms. Goordit, a' 3 landscaping. Although this property is exempt from the 1 Ms. OWRDIE: t was just curious. Haw 'a 4 Landscape Code because it 110113 within the Central 4 the access to the amber Building going to work from s Business District, the applicant has chosen to Include 5 this parldng lot? 6 landscaping per the site plan. So staff does rcoomnxnd 5 Ma oiuDGEs: Presently the way we've 7 that the site plan be "red u a condition to the 7 planned it is to use the sidewalk across the drainage to 8 toning. Also, for environmental quality impacts, staff 8 get to there. It's possible that there may be a ramp of 9 recommends a 6-foot high solid wood fence be constructed 9 something, but it will still we'll ask wc'IL have 10 along the eastern property line to buffer any noise or 10 to conic back to the back to the City again to ask for 1 I any vdaer adverse conditions that may Imi, `et that I 1 anything else to be added and we don't have the 12 property to the e.st. Public erotica was published to 12 financial ability right now to consider anything, w we 13 the Denton R xord Chronicle on January 31 st, 1999. 11 would be using the sidewalk 14 Thirteen property owners were notified 14 MS, owittim Carroll Boulevard? Is I did receive throe more since this writing is MR Ba1oGEs: Yes. 16 total ling five. Three were in favor, one wu neutral, 16 Ms. O_: 'Rrim. Titanic you. 17 and one was opposition. And that totals to.004 percent 17 Ma EreEwkFcHT; Odkr questions? IB in opposition, which mans the 20 Percent Rule does not 18 MS. oxwER: i was going to ask the same' 19 apply. In my analysis, Section 3$112 of the Code of A thing, 20 ordinances provides the specific use permit shall be 20 MR S1GELaBECHT: 074 Okay. Thank YOU Is 21 Issued if all conditions as listed in the section are 21 there anyone Present who would like to speak in favor of 22 met and staff finds the the application Per the site 22 this petition? I do have a card 23 plan mats all conditions. 23 MIL CARPENTER: Jeff Carpeota, I1 l2 24 Therefore, staff ncommcnds approval of 24 Pennsylvania We jusi had a question on the six-foot 25 this ° of Z•98003 with the following conditions. One, 25 solid wood fence. Does that go all the way to the Page leg Page 120 1 require a minimum amount of landscaping as shown in the 1 stmct boundary, to the street? 2 existing site plan. Two, to require a sIx-foot high 2 MIL "OFLBRECHT: we'll ask Ids. NiIssen to 3 solid woad fella constructed along the entire length or 3 I believe there's a set back on that { 4 the eastern property line. And, three, lighting on the 4 MR DONALnsoN: in the front yard you'll 5 property shall be designed and maintalm'd so as not to s have to drop it down to four feet along the front 6 shine or otherwise disturb surrounding residential 6 yard along Congress. 7 property which is to shine and project upward to pr--vent 7 MA CARPENTER: Is this going to be in a diffusion into the night sky. S; the specs going to be in writing because these guys are 9 aiR. ENGFUAIFCF T: ComMiSSlotletS, any 9 raising money for this and I'm just trying to figure out 10 questions for staff? is the petitioner or petitioner's 10 how much more 11 representative present? I I to NILSSEN: Yeah, that's something you 12 If you would give us your name and husincss t 2 work out with the building inspection. 13 address. 13 MR. CARPENTEIL Okay. 14 MR. BRIDGES: My name is Joe Bridges and I'm 14 Ms.0OU01E: w'e!l, here it says along the 15 with Leadership Iknton, the 1998-99 class and we look 15 eastern length of the property. 16 this parking lot as our project and so that's the Mawr 16 AIS. Nn.SsEN. well, within reason. As 1 11 I'm here for the Chamber of Conuncroc. And my business 17 explained to the representative, where I've Said along ld address is 127 North Woodrow Lane. And I really have 18 the eastern length of the property line and that's !i t9 nothing to add other than what staff has already added 19 -slurning that taking Into consideration the building 20 except we will have to nave sonic veguiation off that 20 codes and the pemiits and the regulations that are site to put up the nix-foot fence. And you need to 21 already in place for placing a fence, It's merely to r2 realm that we will have a tradeoff that. We'll move 22 indicate that we require that the fearing for a buffer 2) sonic icgctuti .t And I don't know if there's --the 23 be placed there. 24 trocs will fall into that line or not, but the a is 24 Mk MORENO. Question, Mat I'm reading is 25 vegetation on that site, And if ycxa have any other 25 a six-foot fence will be required along the entire The Reporting Professionals (940) 4134-6053 Page 117-Page 12C I7, I t~ I I~ _ Condenult"" Page 121 Page 123 1 length and this is your recommendation. Can we I received five back. Throe were in favor. One was 2 clinunate the word 'entire and still satisfy all 2 neutral, ani one was opposed. % 3 concerned? 3 MR. MHEL: And with regard to what was 4 Ms. h tsSEN: if you're more comfortable 4 opposed, what was what did they oppose to the plan? S with that, yes, sir. That would be fine. S MS. NILSSEN: They didn't specify. They b MR MoxENo. okay. Thank you. 6 just said "opposed to request." 7 Ma Rimt; what is your recommendation, 7 MR. RISHEL: okay. Thank you. 6 Rudy? 8 MR. ENGELBRECHT: Thank you. Is there 9 M0. MoitENO strike the word 'entire' under 9 anyone else present who would like to speak in favor of 1o excuse mc. We're still in public hearing so we're to this petition? Anyone else present to speak in favor of i I just kind of tatking riot now, I guess, but so I'm 11 the petition? In that case, anyone present to speak In it not making a motion or anything. I'm just suggesting we it opposition to the petition? Anyone present to speak in it might want to consider some rewording there . 13 opposition to the petition? Seeing no opposition, we 14 MS. sit" EN: we could say along the 14 will waive rebuttal. The public hearing is closed. Ms. 15 eastern property line subject to the regulations that 13 Nilssen, do you have any final staff remarks? 16 are in place for building such it fence. Would that id MS. NaMEN: No, I don't. I7 suffice? 17 Ms. GANzER: Mr. Chair, I would like to make 18 MR. ENGELBRECHT: I mighl like 10 ask you, is a motion, please. Seeing as how this Is long overdue, 19 given that this qucuion has come up by Mr. Carpenter, 19 this Chamber has needed this for a long time, I would 20 was this staff recommendation provided to the petitioner 20 like to recommend approval of Z-99-003 with the 21 before the meeting? 1 mean, were they aware of it? it conditions as outlined by staff. 22 Ms. s-wmN: Yes, I did speak with the 22 MR. RLSIIEL: Second. 23 aim Bryan who Las been working with me on he's also a 23 MR. ENGELBRECHT: it's been moved and 24 member of the Leadership Group and I did speak with him 24 seconded to recommend approval. Comrnissloters, any 25 last week regarding the fence. : 5 discussion on the motion? Yes. Ms. Gourdie. Page 122 Page 124 1 MR. ENGELSRECHT: And what is driving the I MS. OOVRDIE: I just want to say thanks 2 request for the fence? Is that consistent with what 2 y'all for being forethinkLrs and voluntarily doing the 3 we've been doing on other sites, requiring on other 3 landscaping. 1 think that's wonderful and 1 see y'all 4 sites? 4 as leaders by taking that step that you didn't have to 3 MR. DONALDSON. we have a provision in our 3 lake, so thank you. 6 Landscape Ordinance that requires buffering between 6 MR. POWFLL: t have a comment. 7 commercial and residential properties. A fence can 7 MR. ENOELBRECHT: W. Powell s sent as part of that buffcring. This particular cast a MR. Poli'ELL: I'd like to mention that it's 9 had some vegetation along there now that probably will 9 rare when you get a County Judge to say as little as io be thinned out over time, to Judge Bridges did tonight. He's a good friend of mine 3 I i Ms. NILSSEN: And they certainly have the I1 and I'm sure I'll catch it tomorrow, but 1 couldn't 12 option. I have not said that it has to be on the 12 mist that. I3 properly line. I'm saying a!c ng the eastern property 13 MR ENGELBRECHT: well, we've moved Into a 14 line. So I iltink they certainly have the option of 14 new area up here now. Any other discussion on the is discussing with that property owner finding out is motion? I do want to say I appreciate what is being 16 exactly where that vegetation lies, but the due to 16 done here by de Leadership Denton and the Chamber, n7 the fact that the properly is so close to this proposal it first off, it's certainly beneficial fa the Chamber to i s that staff fell that in order to alleviate any future is have this parking. Beyond that, it's very beneficial r r t9 problems, that a fence would be appropriate, 19 for the Central Busioess District to have this parking, 20 MR. F.4GFLBRECHT; All right, Okay. 20 which has been an issue for us in thds whole arca all 21 MR. RISHEL: M5. Nilisen, in relationship to 21 along as a City. So additional parking is always great 22 the notices that were sett out on this, and you said you 22 in this area. We appreciate it and the plan as well 23 had how many that were in favor, how many that wcrc 23 All in favor of the motion please raise your right hand, 24 neutral and bow many were opposed? 24 Motion carries unanimously. Thank you. 25 Ms. NILSSEN: Tlurtc n were sent out. And I 25 Item I I this evening is hold a public The Repotting Professionals Q40) 484-6033 Page 121 • Page 124 1B, t, ATTACHMENT 3 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERKT TO ALLOW FOR OFF-STREET REMOTE PARKING ON A 0.2027 ACRE TRACT OF LAND LOCATED AT THE SOUTHEAST CORNER OF CARROLL BOULEVARD AND CONGRESS STREET, WITHIN A TWO-FAMILY (2-F) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-003). WHEREAS, the Denton Chamber of Commerce, on behalf of the Denton Chamber of Commerce, initiated a regltest to allow Off-Street Remote Parking on a 0.2927 acre tract of land located at the southeast corner of Carroll Boulevard and Congress Street, within a Two-Family (1-F) toning district classification and use designation; and WhFREAS, on February 10, 1996, the Planning and Zoning Commission recommended approval of the Specific Um Permit; and WHEREAS, the City Council finds that the Specific Use Permit will be in compliance with the 1986 Denton Development Plan and the 1996 Denton Plm Policies; and WHEREAS, in accordance with Article III, Division 4, of Chapter 3s of the code of Ordinances of the City of Denton, Texas, the City Council finds that all of the following conditions exist: That the specific use will be compatible with and not injurious to the t:-ze and enjoyment ci other property nor significantly diminish or impair property values within the immediate vicinity; That the establishment of the specific use will not impede the normal and orderly development and improvement of surTOunding vacant property; That adequate utilities, access roads, drainage, and other necessary supporting facilities have been or will be provided; That the design, location, and arrangement of all driveways and parking spar ; provides for the safe and convenient movement of vehicular and pedestrian tra tic without advcrsay affect ng the general public or adjacent developments; That adequate nuisance prevention measures have been or will be taken to prevent 1 or control offensive odor, fumes, dust, noise, and vibration; That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; That there is sufficient landscaping and s:rcening to ensure harmony and compatibility with adjacent property; NOW,. IIEREFORE. 19. ` t• KM[d..OLN..Nq,HAIOn Owr»rd.Y.lO3 Mal M i 1 THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That a Specific Use Permit to allow Off-Street Remote Parking on a 0.2927 acre tract of lend described in the legal deacription attached hereto and incorporated herein as Exhibit "A" and located at the southeast comer of Carroll Boulevard and Congress Street, within a Twc- Family (2-F) zoning district classification and use designation, and the site plan attached hereto and incorporated herein as Exhibit "B", ate approved subject to the following conditions: 1. Require the minimum amount of landscaping as shown on the attached site plan. 2. Require a six (6) foot high solid wood fence be constructed along the eastern property line subject to the regulations io place for building such a fence in the City of Denton. 3. Lighting on the property shall be designed and maintained so as not to shine on or otherwise disturb, surrounding residential property or to shine and project upward to prevent the diffusion into the night sky. SECTION Il. That the Citys official zoning map is amended to show the change in zoning district classification. SECTION ill. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 1V. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be 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: JENNIFER WALTERS, CITY SECRETARY BY. APPROVED AS TO LEGAL FORM: r HERBERT L. PPRROUTY, CITY ATTORNEY BY: ! rte i a 20. i d u EXHIBIT A rd LEGAL DESCRIPTION ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE R03ERT BEAUMONT SLRtVEY, ABSTRACT NUMBER 31, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING PART OF LOT 7 BLOCK 1, OF BARBS ADDITION, AN ADDITION TO THE CITY OF DENTON. AS RECORDED IN VOLUME 0, PAGE 137 OF THE DEED RECORDS OF DENTON, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 7 AT AN IRON PIN SET FOR CORNER; THENCE SOUTH 89 DEGREES 58 MINUTES 40 SECONDS WEST WITH THE SOUTH LINE OF LOT 7 AND THE NORTH LINE OF LOT 1 A DISTANCE OF 15.00 FEET TO AN IRON PIN SET FOR CORNER ON THE EAST RIGHT OF WAY OF CARROLL F+IULEVARD, T HENCE NORTH 00 DEGREES 54 MINUTES 14 SECONDS EAST WITH THE EAST LINE OF CARROLL BOULEVARD A DISTANCE OF 150.00 FEET TO AN IRON PIN SET FOR CORNER AT THE INTERSECTION OF THE EAST LINE OF CARROLL BOULEVARD AND THE SOUTH LINE OF CONGRESS STREET; THENCE EAST WITH THE SOUTH LINE OF CONGRESS STREET A DISTANCE OF $3.00 FEET TO AN IRON PIN SET FOR CORNER ON THE EAST LINE OF LOT 7; i THENCE SOUTH 00 DEGREES 54 MINUTES 24 SECONDS WEST WITH M EAST LINE OF LOT 7 AND THE WEST LINE OF LOT S A DISTANCE OF 150,00 FEET TO THE PONT OF BEGINNING AND t CONTAINING IN ALL 0 2927 ACRE OF LAND. I 4 i 21. i i EXHIBIT B P~ Mrl MIM.Ur 1 di ow WNE i ftft"LiWft 22 ~ neva ~ w s renri S i r AGENDA INFORMATION SHEET Agenda No. AGENDA DATE: March 23,1999 Agenda hem DEPARTMENT: Plannin; Department CMJDCi11JACA1: Rick Svchla, 349.7715 K~ ;zrJ""T - Thistle Hill Estates Annexation: (A-79) Hold a public hearing regarding the proposed annexation of it 52.49 acre tract located on the south side of Ryan Road, one hundred and filly (150) feet east of Forestridge Drive. BACKGROUND Ryan Road Enterprises Is proposing to develop the subject properly as a single-family residential subdivision, At present, it is located in the Exwcnitorial jurisdiclier. (ETJ) of the City of Ucnton, providing the City of Denton with subdivision regulation of the development. The developer is proceeding with subdivision procedures. The Planning and Zoring Commi-sion approved a preliminary plat for Thistle )fill Estates Addition, providing for one hundred and twenty-nine (129) lots, on December 28, 1998 (see Attachment 5). The proposed subdivision design provides lots that confo" to the minimum lot area requirements of single-family 10 (SF- 10) and Single-family 16 (SF-16) zoning districts. The developer wishes to zone the northern twenty-one and a half (21.49) acres SF-16 and the remaining thirty (31) acres SF-10 concurrent with the annexation. The final plat is under review by the Development Review Committee (DRC). The development of Thistle Hill Estates subdivision will require several public improvements; I. Right-of-way dedication along Ryan Road and proposed collector street, Walt way. 2. Lefl•tt m and right-turn lanes on Ryan Road. 3. Participation in traffic signal at Ryan Road and Teasley Lane. 4. Construction of internal streets, 5. Sidewalks along ail public streets, including Ryan Road and Watt Way. 6. Extension of water and sewer lines, 7. Storm water drainage improvements. 8. Installation of fire hydrants. 9. ftcdicatiun of public utility casements, The development is subject w the Park Dedication Ordinance (O:d. 99.039). A fee in lieu of dedication will be required for the subject prcperty, equal to the pre-development value of 0.903 t, acres of the tract, during the platting process. The developer is required to pay the fees at time of release of the final plat. Pmk development fees will be collected during the building permit stage equal to 5291 per lot. If the residential subdivision were completely built-out as proposed, total fees for park development would equal 537,539 (129 single-family lots x $291 per lot), 1. c' c- v In accordance with the City's annexation policy plan, approved in ]une of 1993, the City will •'asv.ss on a case by case basis the annexation of areas in the ET] when significant developments are proposed." Staff has conducted a preliminary annexation assessment of the proposed annexation in accordance with policy guidelines. An Annexation Study and Service Plan have been prepared for Council and public review during the annexation process (set Attachments 6 and 7). Tha capacity of infrastructure such as water, wastewater, streets and electric service and service such as police, fire, recreation, and general government are evaluated with respect to the proposed annexation. This is the first or two public hearings conducted by City Council. The schedule for public hearings consistent with the requirements of State law Is attached (see Attachment 9). RECOMMENDATION A public hearing before the Planning and Zoning Commission was held on February 24, 1999, at which a recommendation for approval (6-0) was received for both the a nexation and concurrent zoning request for Single-family 16 (SF-16) on 20.98 acees and Singic-family 10 (SF-10) on the remaining 30,31 acres. (Commissioner Carol Ann as^<er was absent.) PRIOR ACTION EVIEW (Council. Bonds. Commissions) City Council approved the original Annexation Schedule for Thistle Hills on February 9, 1999 A revised schedule (see Attachment 9) was developed when the original schedule was not followed due to a staff error, A February 16, 1999, City Council public hearing was conducted In regard to the Thistle Hill annexation, but can not be used toward compliance with state public hearing requirements. FISCAL INFORMATION None at this time. ATTACHMENTS I, Location Map 2, Vicinity Slap 3. Zoning Map 4. Utilities Map 5. Site Plan (Thistle Hil Fatates Addition) 6. Ann:xation Study (3 pages) 7. Service Plan (2 pages) S. Service Analysis (8 pages) 9, Annexation Schedule 10, Denton Mobility Plan Slap I ~ Ai' , r. 11. Planning and Zoning Commission Staff Report for Z-98.0381 A•79 (witlhlut Enclosures), February 24, 1999 12. Planning and Zoning Corrunission Minutes, February 24,1999. 1 vu ~;i.d Npirr /!1'uldi'!L'nriri,~.l l~V)ihn2 h t W Respectfully submitt Da i11 © r for of Planning and Development Prepared by, Wayne Red Planner 11 i it i I 1'J/15m,1il7rv~Ml'u!u'ii'Ilra~uq'I: LVUdivr; I e' c~ i ATTACHMENT 1 A-79 (THISTLE HILL ESTATES NORTH \w°\ 1 µN' ~I~1!° Y rT Ji5 \ q iR yk e ~ .kr T r 1~~ K v ~ LOCATION MAP Agenda Date: March 23, 1999 Scale: None 4. I AT1'►C}iMENT 2 f)R'TH A•79 (THISTLE HILL ESTATES) N j AAAL fBn' NoaeoN S ^FIRE $701 ft M r F. !"T g~ T;~ ' I I Ili Irk ~ AN RO 1 y iSS] VICINITY MAP y. ~ fir; C, Agenda Date: March 23, 1999 Scala: None s. I J) i ATTACHMENT 3 A-79 (THISTLE HILL ESTATES) NORTH i a ,N - - q ~ .ti I if•7 ~ I A A F•16 RYAN RD I I PD 92 A I PD 22 1 wr+--- SITE ~ L....-r---- I f w A i ss»as~ zw . r ~rw A ------r-r-r}- f~ I aF•7 I rl I F SF-7Ic) f A I C O_ I { F tiF•10 6F•71 SF-7 I OF-7 I A ZONING MAP { Agenda Date: March 23, 1999 Scala: None 6. s ~ wry. ~ Y ATTACHMENT 4 A-79 (THISTLE HILL ESTATES) NORM ff i s i J 3 ~ r "j SITE ' l 1 1Y A EXISTING UTILITIES MAP 1 Hydrants - - Water Line (W. L.) + • • - Sewer Line (S. L.) ` 1' c Agenda Date: March 23, 1999 Scale, None I _ _ t ATTACHMENT 5 P M'../111347 ' riutP b QOM 1 I %~ht:a 1 I ' f f~.; tfY an of OWrtou 1 CRY p}DIMON If I N f / 1 fill 1 r • _ L F D OV nD Y z - • _ _ t • _ I III ~I ~ lis~ Mlt I arv COCKMa, ' ~jpyY,;V~ I e r..►e.wwiu `V I+a .P J I ATTACHMENT 6 I a, ANNEXATION STUDY (A-79) Thistle Hill Estates OHner Information: Ryan Road Enterprises Charles Stafford and Debbie Johnson 1172 Dent Oaks Denton, TX 76205 Developer Information: Ryan Road Enterprises It 72 Dent Oaks Denton, TX 76205 Location and Size: On the south side of Ryan Road, approximately one hundred and filly (150) feet east of Forestridge Drive. Existing Land Use: Undeveloped Surrounding Land Use: West: Undeveloped East: Undeveloped North: Single-family subdivision South: Undeveloped Proposed Development: A one hundred and twenty-nine (129) residential lot subdivision with Single-Family 10 (SF-10) and Single- Family 16 (SF-16) zoning districts (see Attachment 5), The SF-16 zoning district area, covering the nonhem 21.49 acres adjacent to Ryan Road, mould contain thirty-six (36) lots. The remaining thirty-one acres in the SF-10 zoning district would be subdivided into ninety-three (93) lots. Anal)sis: It is the genera) policy of the City of Denton to assess on a case-by-case basis the annexation of areas in the ETJ when significant developments are proposed, occurring, or likely to occur in the near future. 71ie following arc guidelines for determining Ahcn an annexation study should be considered: (1) Single family developments over five acres; or (2) Sluki-family, industrial orcommercial development over one acre; or (3) Any area where the density exceeds 500 units per square mile; or (4) Any development or area that might have a significant impact upon the city, including j but not limited to service costs, increased traffic, drainage impact, utility needs or utilization, safety or health hazards. 1 9. I I I I i i i F I ANNEXATION STUDY (A-79) Thistle Hill Estates Guidelines for scope of study: In studying the questions of whether cr not an area should be annexed, the following criteria shall be coniidered; i (1) The ability of the city to furnish normal city services equal to other comparable areas Inside the city limits. (A) Sircers and Roads: The existing road in the rzea, Ryan Road, will need paving improvements, The Long Range Mobility Plan Identifies Ryan Road as a secondary major arterial and calls for a collector on the southern boundary of the proposed development. (H) WaterlWasiewarer Sendces: Water and sewer service in the area will need to be extended, at the developer's expense, along Ryan Road. The subdivision will tic into an existing twelve (12) inch waterline located on Ryan Road at the intersection with Ferestridge Drive and into an existing eight (8) inch gravity sanitary sewer that runs down Ryan Road across the entire frontage of the subject tract. This sewer line is connected to the Granada lift station. (C) F_lectrir Distribution: Electric distribution is capable of providing service to the area. (0) Solid 11'asle Collrrrlon and Disposal: The city currently provides solid waste services in the immediate area. Any development in this area will result in an increased demand for services. Additional personnel and equipment will be necessary to provide service to significant development in the area, (E) Police Sendres: Any future development of the properly will result +n increased demand for police services in the area, The area surrounding this property is already within the city. Response time to tho subject properly would be comparable to that of surrounding property in the city. Additional personnel and equipment may be necessary to provide service to significant development in the area. (F) fire Prorecrion and F.nrergency Medical Services (EATS): Any future development of the property will result in increased demand for fire protection and EMS services in the area, Fire Station b 6 is located near the intersection of Teasley Lane and Lillian Mil:cr Parkway, approximately one and three quarters of a mile from the property and would adequately serve the proposed development. (G) Parks and Recreation Sendces; No parks or facilities are currently adjacent to this property. The South Lake Park is located approximately one mile north at the Forestridge Drive and Robson Road intersection. In addition, a twenty-five (25) acre park is pending dedication in the River Oak! Subdivision; this pack would be located to the south of Thistle hill Estates, approximately three (3) miles by way of Ryan Road to Teasley Lane to Hickory Creek Road. Participation in the development of r neighborhood parks will be required as development occurs. Additional community ~ facilities community and regional facilities may be necessary to provide service to the residents of the area if significant development in the area occurs. ANNEXATION STUDY (A-79) Thistle Hill Estates (H) Library Services: Existing facilities cannot meet proposed annexation. xpansion requirements cannot be determined until the forthcoming Library Master P an Study is completed, the results of which are anticipated on January 20, 1999. (1) Code Fnjor,emenr, Building Insperfions and Consumer Ilealth Services: New building activity will trigger additional case work for the Code Enforcement, Building Inspections, and Consumer Health departments. At present, there is no excess capacity in any of these divisions. (J) Planning and Development Services: Zoning, platting and development activity will trigger additional case work for the Planning and Development department At present there is no excess capacity in any division orthe department. (K) Miscellaneous: Any future development of the property will result in increased demand for general government services in the area. Additional personnel and facilities may be necessary to provide services to significant development in the area. (L) Capital Improvements Program (CIP): The CIP of the city is prioritized according to the following guidelines: (1) Provision of Capital Improvements as compared to other areas will be based on characteristics of topography, land utilization, population density, magnitude of problems as related to comparable as.as, established technical standards and professional studies. (2) The avetall cost effectiveness of providing a specirk facility or improvement. The annexed area will be considered for public improvements in the upcoming CiP. This property will be considered according to the established guidelines. (1) The reliability, capacity and future public cost, If any, of current and planned provisions for community facilities such as roads, drainage, utilities, eta (A) Sbects and Roads: The property's access will be via Ryan Road. The city's mobility j plan identifies this road as a secondary major arterial street. Several transpo Cation improve ments will the responsibility of the developer: sight-of-way dedication along Ryan Road and proposed collector street, Watt Way; Ieft-tum and right-Cum lanes on Ryan Read; participation in traffic signal at Ryan Road and Teasley Lan.; construction of internal streets; and sidewalks along all public streets, including Ryan Road and Watt Way, There may be long term costs to the city to provide necessary upgrades and improvements to Ryan Road and the proposed collector. (B) IlaferlWaswalcr Scrvires: Water dist-ibution and wastewater collection systems are in proximity to the property, Water and Wastewater treatment facilities have capacity. Both are "Enterprise Funds' so that any necessary improvements will not impact the general fund. Recently approved impact fees are deposited into the Enterprise Fund. Extension of service lines to and within the property will be the responsibility of the 1 c developer. (C) F.lerrric DistrihuNon: Facilities to provide electric service to the property may be necessary. Again, the electric utility is an 'Enterprise Fund" so that any necessary improvements will not impact the general fund. Service connections will be the responsibility of the developer. 11. lid i I I I 1 it ANNEXATION STUDY A-79 Thistle Hill Estates (D) Solid Water Collection and Disposal: Equipment to provide services to the property will be necessary when fully devclupcd. The solid waste utility is also an Enterprise Fund. (E) Potice, Fire and Emergcnry Medical Services: These departments are driven by response time. As additional development in this area occurs, more personnel and equipment may be necessary to maintain current response tim.3, Fire Station #6 is approxima".ely two miles from this property. (F) Parks and Recreation, LOrary and Gencrul Government Services: The demand for these services is a function of resid-mial population. Additional development will result in more residents, which would result in more demand for farilities and services in the city. (3) The need and quality of land use and building controls. Private controls Hitt be cons!dered. This property is adjacent to a Single Family 16 (SF-16) district, which is located just to the north or the other side of Ryan Road. Control of the quality of land and building development "ill be required. (4) lmpact on the City, both current and long range, including at a minimum: (A) Fiscal Cost and Benefits: The proposed development plan indicates that the residential ~ development will have a gross density of 2.46 units per acre. With significant public benefits, including the construction of a collector on the south side of the subject tract. (B) Traffic, Ryan Road "ill bo the primary access point for this development until other development occurs to co:rtplcte the construction of the alternative collector streets that will disscrse traffic in other directions, (C) Infrastructure near Roads, 0dilirs and Other C'ommunity' Facilities: Water distribution and wastcaater collection systems must be extended at the developer's expense. Both systems are currently adjacent to the property. Electric service can be provided. Ryan Road must be enhanced in the near future, Other community facilities may be necessary if significant development occurs rapidly. (D) Safery and Health: The proximity of this property to fire station N6 will provide adequate response times fir fire and emergency services, The area is already within the police service area. Significant additional development may require additional equipment and personnel to provide adequate response times. r~ (E) Building or Development 0alay: The property is not currently zoned. The developer R is petitioning that it be zoned Single-family 16 (SF-16) on the northern twenty-one and 1 l; a hair(21.49) acres and Sint;le-family 10 (SF-10) on the remaining thirty-one (31) acres. The Planning and Zoning Commission recently approved a preliminary flat with one hundred and twenty-nine (129) lots that would confirm to the minimum lot size restrictions of these two zoning districts (sec Altachm.,it S). 12. U i u i r ANNEXATION STUDY (A-79) Thistle Hill Erates (F) AciActle Quality: The City's landscape or linance and sign ordinance *Ad apply to this new development + f incorporated Into th i City of Denton, (t3) Community Character. The existing predom'.nant character in the area is single family residential development. The only adjacent residential subdivision is the Forestridge. It is classified as a Single-family 16 (SF-16) zoning district. This new development will match the existing character of this subdivision on the north end adjacent to Ryan Road, (S) Conformance with or need to ensure conformance with the officially adopted master plans of the city. The 1988 Denton Development Plan identifies this area as a" Low intensity Area". The low intensity designation Is the least intense development district in the city. Residential development of this property with appropriate neighborhood-oriented mixed use . , n conform to the low intensity development standard. f i i ' t' . A r.4 IC's 0 I 13. r , f~ is ATTACHMENT 7 A ANNEXATION SERVICE PLAN CASE NUMBER: A•79 (Thistle Hitl Estates) AREA: 32.49 acres LOCATION: On the south side of Ryan Road, one hundred and fifty (150) feet east of Forestridge Road in Denton's extraterritorial jurisdiction (ETJ). l Municipal services to the site described above shall be furnished 1:1 or on behalf of the 01y of Denton, Texas, at the following levels and in accordance with the following schedule: A. Streets and Roads The property's access will be via feyan Road. The city's mobility plan Identifies this toad as a secondary major arterial street. Several transportation improvements will the responsibility of the developer right-of-way dedication a'ong Ryan Road and proposed collector street, Watt Way. B. WalerlWastewitter Services Water and sewer service In the area will need to be extended, at the developer's expense, along Ryan Road. The subdivision will tie into an existing twelve (12) inch waterline located on Ryan Road at the intersection with rorestridge Drive and into an existing eight (8) inch gravity sanitary sewer that runs down Ryan Road across the entire frontage of the subject tract. This sewer line is connected to the Granada lift station. C. Electric Distribution Electric service is currently available in this area. D. Solid Waste Collection and Disposal The city can serve this property. Service may require additional equipment, personnel and operating resources. One rear loader, a three person crew, and an additional residential route are needed to serve each additional 1,300 households in the city. E. Police Services The department estimates that service can be provided within average response times for the city as a whole. The city's priority response time Is 8.06 minutes, while its average response time is I I minutes, Three additional personnel and additional vehicles will be required to serve this area, F, Fire Protection and Emergency Medical Services (ESIS) r The city currently serves adjacent property. Fire Station # 6 is located near the Intersection of Teasley Lane and Lillian Miller Parkway, approximately one and three quarters of a mile 1!" \ from the property nd would adequately serve the proposed development. 14, E tl ~ I, ANNEXATION SERVICE PLAN (A-79) Thistle HI11 Estates C. Parks and Recreation Services The South Lake Park Is located approximately one mile north at the Forestridge Drive and Flobsoy Road Intersection. In addition, a twenty-tiw (25) acre park is pending dedication In the River Oaks bubdivision; this park would be tocated to the south of Thistle Hill Estates, approximately three (3) miles by way of Ryan Road to Teasley Lane to Hickory Creek Road. H. Library Services The Library anticipates that increased demand resulting from development In the city can not be met using existing mPterials, facilities and personnel. Future needs of the library are to be determined with the after January 20, 1999, the anticipated date of the library master plan study. 1. Code Enforcement, Building Inspections and Consumer Health Services 'The city currently serves adjacent property on the north side of Ryan Road, J. Planning and Development Services The city currently serves this property by way of subdivision and land development regulations. K. Capital Improvements Program (CIP) The CIP of the city is prioritized according to the following guidelines! (i) Provision of Capital Improvements as compared to other areas will be based on characteristics of topography, land utilization, population density, magnitude of ' problems as related to comparable areas, established technical standards and professional studies. (2) The overall cost effectiveness of providing a specific facility or improvement The annexed area will be considered for public improvements in thi upcoming CIP. This property will be considered according to the established guidelines. 4j 1 1 Iu.•ur;, 'r nnrl'liin.frK' 15. t c; ATTACHMENT 8 SERVICE ANALYSIS A•79 1f31NEERINO AND TRANIPOR161I0I1 1. What existing roads, bridges and other transportation facilities will be Impacted by this proposed annexation and development In terms of needed Improvements or upgrades? 2. Are any of the a Improvements presently scheduled to be done at state or federal expense? &Jo , If yes, please Identify facility and anticipated date Improvements will begin. 3. Please Ilst any drainage improvements that may require local funding, and Include estimated cost (if no specific improvements can be d,termined, please make general co~ce concernin drainage). 4. Will additional equipment and facilities be needed as a specific result of this annexation ` and development? _ /Ve . If yes, what type of equipment or facility? 5. Please comment on the cumulative impact of annexation and development. At what population level would additional equipment be required? ~1----- is there an acce pled equipment to population ratio that can be used for planning purposes? 0 Is there an a :cgpled employee to population ratio that cti be used for planning purposes? /L/D I' A dAdiltinonal Comments: ,i,t O/t~R, r 1"'-# 4 . Person to con act If re re questions Date 1` 1 F A•79 Engineering Service Info Request.doc 16. c, SERVICE ANALYSIS WATER I WAdTEWMR A•79 1, What Is the nearest City of Denton water tine? Size water tine, !nl t- Locati Location of water line. 4yeeg~• at ,.~i+~b►tttl~.w Distance from proposed annexation, z f eo o,,u v 2, What Is the nearest City of Donlon sewer line? Size of sewer tine, - Location of sewer line. RM" Distance from proposed annexation. 'aJ44tv Ai" 3. According to the City of Denton master plan what type of lines and facilities would be required for this area and when are those lines and facilities proposed for construction. Size Year LocAtiort Water lines /:haw IQa~ Sewer lines 4, Are there any City of Denton lines Included In the proposed annexation? 6. Please comment on the ci,mulatlve impact of annexation and development. At what population level would additional equlpment be required? Is there an accepled equipment to population ratio that can be used for planning purposes? I Is there an accepted employee to population ratio that can be used for planning purposes? Additional Comments: MN~1`ti'IIMftK ~t~~ I~+"0~~+-x999 i Person to conlaot i there are questions ba :e r A•79 Service Info Request.doc r • l~ SERVICE ANALYSIS A•79 ELECTRIC UTILITIES 1. What Is the distance to, location of, and size of the nearest City of Denton electric line? 2. What type of tines and faclllties would be required to serve this area? No, 1 vv- a11n tMee /j v l . j 1C VI4r SO✓~ fly C-O"dY0 3. Are any new lines or facilities proposed for construction to serve this area? ~e 4. Are there any potential responsibilities if this area Is annexed? 5. Please comment on the cumulative Impact of annexation and development. At what population level would edditional equipment be required? Is there an accepted equipment to population ratio that can be used for planning purposes? Is there an accepted employee to population ratio that can be used for planning purposes? ' Additlonal Comments: r~1 e Xrn~~~''J je/ v tle GI r e b l~c~+~tl1~ f~I~L.GiL1f1/r~ a/Y~~p- rt., ~ . Person to contact If there are q estiona Dole t u i i A•79 Service Info Request.doo 1s, i . i SERVICE ANALYSIS solid Waste A-78 1. Is residential solid waste service evatlable too the proposed ores for annexation? X g.t 2. Is commercial solid waste service available to the proposed area for annexation? 3. What Is the estimated cost to provide thts area with solld waste service? Equipment and Maintenance. Personnel. 4. What Is the typical revenue collected per: Household. 30 cjdS s Commercial Business _yar,'• 6. Will additional equipment bo needed to serve thls area If annexed or developed? Type of Equipment. Ssw1~-J Cost ut Equipment, --mss 000 81 Will additional employees be needed to serve this area If annexed or developed? Type of Employees. Number of Employees, R 7. Please comment on the cumulative Impact of annexation and development. At what population level would additional equipment be required? Pt Ne act 7° "04 c~,n a.sld,',op4t.I IPac Rj:kfe. a /3a0 '40uC!/, r. Ale, l Is there an accepted equipment to population ratio that can be used for planning purposes? is there an accepted employee to population ratio that can be used for plannlrvj purposes? Additional Comments: p°' Person to co tact if there a questions Dat Annexot'cn Service Area Analyele.doo 19. . c' I i v I • I 1 SERVICE ANALYSIS A•70 POLICE 1. Estimated average response time for this area based on current deoartment cone )no*. Priority minutes Non-priority 44, minutes Average minutes 2. Appropriate average response time in the city based on current department conditions: Priority )0. it minutes Non-priority minutes Average minutes 3. It annexed and developed as proposed will additional personnel be needed as a specific result of this proposal? A/Qr if yes, how many? What typo? 4. Will additional equipment and funding be needed to serve this area? &I_J9 If yes, what type? _ 6. Will a pollee substation or other facii ty be needed to serve this area as a result of annexation and development? If when should the now facilities be operational? _ 6. Please comment on the cumulative Impact of annexation and development. At what populatio, level would another pollee facility be required? &.a v 'ore' 'A2 Is there an accepted ficilityloquipment to population ratio that can be used for planning purposes? Ae, f 'e'A !;6i Ii1t.t is there an accepted officer to population ratio that can be used for planning purposes? Additional Comments: arson to con act if there are questions Oste If~ ; c- A•79 Service Info Request,doo 20. S u SERVICE ANALYSIS ~~ao EM 1. Fire and Emergency Medical Se foes foes can be provided to the area from station(s) # & -,located at /s,e 2. EstinMed response time. _ minutes 3. Appropriate response time In the City. minutes 4. Is a new fire station approved in the CIP that --ould serve thls area? Oof If yes, what is the CIP program J'aar? 5. Will p new fire station be requested In upcoming CIP proposa:s to serve this srea? &6 . If yes, when should this station be operational? 6. Total estimated funding for equipment, employees andlor facilities needed to servo this area strictly based on annexation s^d pr sed development. 7. Please oommarl on the cumulailve Impact of annexation and deveoopment. At what population level would another fire station facility be roqulred? Is there sn accepted fire station-to-population ratio that can be used for planning purposes'r Is there an accepted employee to population ratio that can be used for planning purposes? Additional Comments, ~_S 11"1 60 Rc~ pkr~, Sel.rt~ i(,~ pn~i T'iAf w 51,1,.. I. , l r(G 4el.lrct tv lit 1ejt ijst `fQ C.t C.i/' ~rnte w n~O~rt. T~i1 IfJ~.~ qS c~t1/ ~JL,' InCirl~~'y ~r'1r,ro.ut, ~j Perso o con t If there are questions Date A-79 Service Info Request.doc i d 21. u i SERVICE ANALYSIS PARKS AND RECREATION 1, What neighborhood paf~ and recreational facilities are currently serving this area or are capable of s rvn this w ea If annexed and/or developed (federa.l,``state /ror local)? VCI~J`IC IS / /JN~<. / a f-~1 6T ~/0.G i I 2. What projects andlor equipment will be needed to adequately serve this area if annexed and/or development based on the parks and recreation master plan or almilar standards? Neighborhood Parks: .5 acres per 1,000 poputation. J' acres minimum size, VM' Jam. cost per acre. Recreation Center., square feet per 1,000 population, a cos, square feet minimum size. V. cost per square foot. Other facilitiea J10 per 1,000 population. Co. 14;A i- quare feet minimum size, 4 ) use, 4L/L cost per square foot 3. How much additional funding will be needed for maintenance If additional park facilities are developed to serve this area? ~3--~~--- cost por acre. .__L.- cost por square foot.. 4. How many additional personnel would be needed to properly serve this area If annexed and developed? additional personnel per 1,000 population; additional personnel per 1,000 square feet of facility; or 010 additional personnel per acre of park, g OCA f cast per additional personnel Additional Comments: Person to contact if the are q+iestions Date F. A•79 Service Info Request.doc 22. SERVICE ANALYSIS A-70 7. If annexed, can anticipated service demands be met using existing materials, facilities, and personnel? _ Mo - 8. It not, how many additional employees and what type of facilities and materials will be needed to provide services? _1d to be d.cer.in.e 9. Estimated additional funding needed strictly based on proposed annexation and development, _ Yet to be deterMined 10. Please comment on the cumulative impact of annexation and development. At what population level would another library facility be required? n,soo Is there an accepted circulation to population ratio that can be used for planning purposes? ]_itane oar ceaita Is there an accepted omployee to population ratio that can be used for planning purposes? t'at to be detatained _ i Additional Comments: The en.,uers to questions 8,9, and 10c can be given before March, 1999, the antic!- k pated date of our library master plan study. j Person to con ct if there are quostbns bat i i A-79 Service info P~qui,;Woc 234 t U t I I ~ SERVICE ANALYSIS D•I•S•D. 1. If annexed, can anticipated service demands be met using existing materials, facilitles, and personnel? The District has measured capacity at each facility on the basis of "functional capacity." This value represents the number of students that may be served by the permanent structures located at each campus. The use of portables or other temporary structures is not included in the "functional capacity" calculation. The district estimates that elementary schools will be at 100% of their functional capacity once renovations at the Rayzor and Wilson campuses are complete These ronovations should be completed by the 1999.2000 school year. Middle and high schools are estimated to be at 101% and 83% capacity respectively. A fourth middle school is scheduled to open for the 2002 school year, adding an additional 1,000 student capacity. For planning purposes, the district assumes that 0.40 elementary students, 0.17 middle school students, and 0.18 high school students are generated by eacb ringle family unit. The district estimates that this development will add 119 elementary, 51 middle school, and 34 high school students. Considering funcliona! capacity and planned middle school construction, middle j and high school students may be served while additional elementary facilities will be required, It Is Important to consider the rate at which this development will build out, which will directly impact the rate at which students will be added and accontrrodated by the district. 2. If not, how many additional employees and what type of facilities and materials will be needed to provide services? The state mandates a maximum student to teacher ratio of 22 to I for elementary classes. Considering this ratio, an additional 5.4 clrssrooms ar-d an additional 3.4 teachers will be required. Classroom capacity may be provided through any one or a combination of the following: a, temporary classroomsVportables, b. student population transfers or absorption of students at other campuses, or c. new elementary school construction. f 1141~KI~4ri rf«.hrnll'd~Rrlprin.c dN 24. 3. Estimated additional funding needed strictly based on proposed annexation and development. 1 ► The average cost of educating one child in the D.I.S.D. is $4,321 per year, exclusive of state or federal assistance. This cost includes the district's existing bond indebtedness. 4. Will projected school taxes from this development provide that additional funding? 3 The district is subject to a statutory limit of its ad-valorem tax rate. State law prohibits a tax rate greater than $1.50 per 5100 of valuation. D.I.S.D. adopted a property tax rate of $1.48 per $t00 valuation for the 1998.1999 fiscal year. A combination of residential and non-residential development that yields funds equaling $4,321 per year (1998 value) will provide the necessary funding for one student, i I 5. Please comment on the cumulative impact of annexation and development. Annexation has relatively limited impact on the D.I.S.D. The development site is located within the district boundaries, regardless of annexation. I 6. At what population level would other school facilities be required for the City of Denton? Specifications for new elementary, middle, and high school facilities have been developed to serve student enrollments of 681,1,000, and 1,000 respectively. , 7. Is thereon acceptable employee to population ratio that can be used for planning purposes? W.S.D. policy and state regulations have established the following student to teacher ratios that may be used for planning purposes: Elementaryyt 22 Studcntsireacher Middle: 28 Students(reacher High: 28 Students/Teacher Todd Parton Feb 4.1999 Person to Contact with Questions Date A '17~1~P.4rvL r,lanlr!h Rujmnr. J.r 25. i ATTACHMENT 4 VOLUNTARY ANNEXATION SCHEDULE: THISTLE HILLS i Revkw MaTh 174, 1999 Sunday, Feb. 14"' Notice published in Denton Record-Chronicle for P&Z public hearing. Wednesday, Feb. 24"' Planning and Zoning Commission holds a public bearing and considers making a recommendation to the City Council regarding the proposed annexation and the proposed zoning. • Public notice must be no less than 10 days before public hearing. Friday, March lie Notice published In Denton Record-Chronicle for first City Council public hearing. Saturday, March 141h Notice published in Denton Record-Chronlcle for second City Council public hearing, Tuesday, March 23rd City Council conducts first public hearino, • Public notice must be no less U,an 10 days and no more than 20 days before public hearing. • Annexation Study prepared and available for public review. n SBMce Plan prepared and available for public review. Tuesday, March 30"' City Council conducts second public hearing, Public notice must be no less than 10 days and no more than 20 days before public hearing. , • Spacial Called Meeting Tuesday, April 20'" City Council by a four-fifths vole institutes annexation proceedings. First reading of annexation _ordinance. • Action must be more than 20 days after the second public hearing but less than 40 days from the first public hearing. Saturday, April 24' Publication of annexation ordinance In Denton Reoord-Chronlcle, Tuesday, May 25t1 City Council by a four-fifths vote takes final action. Second reading and adoption of the annexation ordinance, City Council oonsIdors approval of zoning request, • Council action must be more than 30 days after publication of ordinance and less than 00 days after council Institutes annexation proceedings. , r • Special Called Mating (schadulad Work Session) l f'- 26. I I i f . ATTACHMENT 10 A•79 (THISTLE HILL ESTATES) NORTH +r i 4 i 1 ; Y iii ' .y ' .~I ~ Y ► /iY,, t~ I PON AA M,•b.u♦.DENTON MOBILITY PLAN MAP rum nrw~r~ u►n.~N~pf~IN.n MOAIAMMAJDIIART1hAl1 rww wrr rrrr 1►0011014Y W~D►All'T~MH~ ' rUmr = PAUro"AU i~M; MNF.MMMM YMMNMMI Wes"}~.LL.W ~I ~ ~ 'flr\ Agenda Date: February 24, 1999 Scale: None 27. it r mid ATTACHMENT 11 1 PLANNING AND ZONING COMMISSION REPORT STAFF REPORT Subject: Thistle Hill Estates Case Number: Z-98-058 & id A-79 M: Wayne Rced, Planner II Agenda Date: February 24, 1999 PURPOSE Hold a public hearing and consider making a recommendation to the City Council concerning the annexation and zoning of 52.491 acres to a Single-family 16 (SF-16) and Single-family 10 (SF-10) zoning districts. The Intention Is to develop a one hundred and twenty-nine (129) residential lot subdivision (see Enclosure 5). ' I r (r i i R S E leCKCR REEK RO LOCATION MAP Location: on the south side of Ryan Road, approximately 160 feet east of Forestridge Drive $i:e: 52,491 acres 28. I Jy , f i F GENERAL MR, V_ Applicant; Greg Edwards Owner; Charles Strafford Greg Edwards Engineering Services Century 21- Northstar Real Estate 300 North Carroll Boulevard, Suite D 1018 W. Oak Street Denton, TX 76201 Denton, TX 76201 OUMMARY,.br, 90 "IN f s .;k at wk , , The developer is requesting to be annexed Into the City of Denton and concurrently zoned Single- la mi'y 16 (SF-16) and Single-family 10 (SF-10) zoning classification and land use designation for this 52.491 acre property. The intention is to develop a one hundred and twenty-nine (129) residential lot subdivision (see Enclosure 6). As proposed, the SF-16 zoning district area would cover the northern 21,49 acres adjacent to Ryan Road and would contain thirty-six (36) lots. The remaining thirty-one acres In the SF-10 zoning district would be subdivided into ninety-three (93) lots. The general policy of the city Is to assess on a case-by-case basis the annexation of areas In the extraterritorial jurisdiction (ETJ) when significant developments are proposed, occurring, or likely to occur in the near future, according to Section 34.35, concerning annexation, of Chapter 34 (subdivision and land use regulations) of the Code of Ordinances. An annexation schedule was approved by City Council on February 9°i (see Enclosure 10). The process includes three public hearings to provide opportunity for public Input » two before City Council and another before the Planning and Zoning Commission, After the public hearings, City Council will officially initiate the annexation proceedings by voting to approve the request, Including readings of proposed ordinance. This requires two additional public meetings, Approval requires a four-fifths vote (6 out of 7) in-favor. City Council held the first public hearing on February 14, 1999. Upon Planning and Zoning Commission action, City Council will conduct a third public hearing on March 2, 1999, and then Initiate the formal annexation procedure on March 23, 1999, and conclude on April 20, 1999. The property owner has selected to exercise his right to zone the subject tract concurrent with annexation. Section 35.14, concerning platting property not permanently zoned, of Chapter 35 (zoning regulations) of the Code of Ordinances states the policy of the city is "If the Planning and Zoning Commission holds a hearing on proposed annexation, It may, at Its discretion, at the some time hold a public hearing upon the permanent zoning that is to be given to the area or tract to be annexed and make recommendation on both matters to the city council so that the city council can, if it desires, act on the matter of permanent zoning and annexation at the some time." ii The subject property can develop as proposed regardless of the outcome of annexation and zoning. I If the city chooses not to annex this property, it may still develop In the City of Denton's extraterritorial jurisdiction (ETJ). Residents living In the ETJ still attend DISD schools and pay school taxes as well as county taxes, however would not be liable for city taxes. If In the ETJ, the development will not be subject to any zoning regulations, but will have to comply with the land use and development rogulations. City util4les will be provided through private contract to the development, at an Increased f rate. Police services would not be provided and fire protection services would only be provided under mutual old request from the City of Argyle. Emergency medical services would be provided by the Denton fire department. All other city public facilities will be accessible to these residents. 24, r CbMPREHEN3(VC pAN:AN~,Y.SlB<! 1988 Denton Development Psan Analysis The 1988 Denton Development Plan (DDP) shows this area to be within a Low Intensity Area, These areas are Intended to be developed primarily for single family residential development. Neighborhoods are to be serviced by a network of small oommetciallretall centers spaced at about % mile Intervals with direct access to a collector type street or larger thoroughfare. Vehicular trip generation due to development within Low Intensity Areas is restricted to 60 trips per day per acre In order to balance land use with road capacity. Staff finds the proposed development to be consistent with both the policies and trip Intensity standards of the 1988 DDP (see Enclosure 7). The approval of annexation and the requested single. family zoning would ensure that the property remains consistent with the City's vision for this area. 1998 Denton Plan Policies Analysis The 1998 Denton Plan (DP) is to be usbd In conjunction with the 1988 Denton Development Plan In evaluating the consistency of proposed development with the long range vision for the city. Staff finds the proposed development to be consistent with the policies of the 1998 DP (see Enclosure 8), The Growth Management Plan identifies this area to be residential. There Is existing low density residential development to the north and this request for Single-family 16 (SF-16) and Single-family 10 (SF-10) would maintain and continue this pattern, SPECIAL INFORMATION, 1. Transportation A, Trip generation The proposed Thistle Hill estates would generate approximately 1,232 trips per day If built out with one hundred and twenty nine (129) homes (see Table 1 below). This translates Into a low trip generation compared to the 1988 DDP intensity standards, This standard indicates that development in Low Intensity Areas should generate no more than 60 trips per acre to balance vehicle demand with transportation infrastructure. The proposed subdivision would be sixty-one percent (61 below this threshold. Table 1. Propcrud Land Use Trip Generation Land Use Average Trip Total Trip Maximum Buildout Generation Per Generation Single-Family (Detached) 9.65 trips/day 11k:2 129 detached homes Total Trtp Generation f 13!'. ' Allowed Trip Generation 1 49 acres 3,149 60 tripslacre Difference • 1,917 81% below allowed trl r Ps ' Cdcuhtlon provIdod by 1M Ind IIAs or Trnmportatioe rnplmen,1N1. 30. 7, Open Space and Recreational Areas This residential development will be mctuired to participate In the development of public recreational areas. Through the Park Uedication Ordinance (98.039), this development will contribute to park land dedication and park development fees. Dedication requirements are required during the platting process. Park development fees are required prior to the Issuance of building permits. The following Is a breakdown of the two requirements for this development: Park Land Dedication = 0.903 park acres Park Development Fees = 129 single-family lots x $291 per tot = $37,339 A fee In lieu of dedication will be required because the calculation is less than five (5) acres. It will be equal to the pre-development value of 0.903 acres of the tract. The eeveloper Is required to pay the fees at time of release of the final plat. r PROPERTY. HI$T0t3Y.:' , h - 71 The subject property is located within the City of Denton's extraterritorial Jurisdiction (ETJ). January 27, 1999 • The Planning and Zoning Commission approved the pf,,liminary plPt for Thistle Hill Estates Addition, which prolArfes for one hundred and twenty-nine (129) lots, A 1 nal plat Is required prior to any development. 1 i;e Development Review Committee is reviewing the final plat at this time, i PUBLIC NOTICE MR, Notice of the zoning request was published in the Denton Record-Chronicle on February 14, 1999, Four (4) property owners were notified of the request on February 12, 1999 (see Enclosure 4). As of this writing, there have been no responses. A courtesy notice was mailed to all residents, who Ilve within the city limits and are within five hundred (500) feet of the subject property, No neighborhood meeting has been held. RECOMMENDATION Staff recommends approval of A-79 for annexation. The annexation service plan and study (see Enclosures 11 and 12) Indicate that the area can be served. If the propertywere not annexed, utilities and services would still serve it, but city taxes would be collected. The request Is consistent with both th9 1988 DDP policies and the 1998 DP policies (see Enclosures 7 and 8). Staff recommends approval of Z-98-058 for Single-famioly 16 tSF.16) and Single-family 10 (SF-10) zoning district designation. The request Is consistent with both the 1988 DDP policies and the 1998 OP policies (see Enclosures 7 and 8), The proposed development provides for a compatible arrangement of land uses and protects existing land uses. In addition, the proposed subdivision design provides for safe and adequate traffic circulation. 31, . r I A. I move to recommend approval of A-79 finding that; 1. It is consistent with the 1988 Denton Development Plan; 2. It is consisteit with the 1998 Denton Plan and Growth Management Plan; B. I move to recommend approval of Z-98-C88 finding that; 1. A is consistent with the 1988 Denton Development Plan; 2. It Is consistent with the 1998 Denton Plan and Growth Management Plan; 3. It provides for a compatible arrangement of land uses; 4. It protects existing neighborhoods; and 5. It provides safe and adequate traffic circulation. MINE 1. Recommend approval as submitted. 2. Recommend approval wit F, conditions. 3. Recommend denial. 4. Postpone oons'deration. 5. Table item. 1. Vicinity Map. 2. Zoning Map. 3. Utility Map. 4. 200' Property Owner Notification Map. 6. Denton Mobility Plan. 6. Site Plan (Thistle Hill Estates Addition Preliminary Plat), 7. 1988 Denton Development Plan (DDP) Policies. 8. 1998 Denton Plan (DP) Policies (2 pages). 1 9. Scenarios of annexed kit. non-annexed development. 10.Annexation Schedule. 11.Annexation Service Plan (2 pages). 12.Annexation Study (6 pages). 13. Annexation Service Analysis (10 pages). i rug os6 nr span ar~o, nnc 32, t~ ATTACHMENT 12 129 lll I be &It to. And whatever needs to be done R that 1 conditions yon could add. So this will be treated 1s 2 this can takt place if you know, if that's going to I a Condition. And In Case of a Conflict, the what I be a requirement, then I'll be voting In foot of it, ) you do bete in this case would prevail left the I V. PXLL: I have t question tot mt. Rocek. I landscape artist. if you were requiring wit here, it 5 0. ENGEIUM: Yes? S would control over the landscape ordinance that might 6 NA. PMLL: Do we need to vote on the I require less. 1 separately with this amendment, or it it now all sae ? ILA. ENtxIBami Any other co®entt I would S motion? I ask it vaS last limply a statement to Mr. Gohlke. 9 111. BDCEtt Let me ask, was that 9 L would ask his that given that the r sliente are 10 I'MIL: I'm not trying to sake 10 imediately adjacent to this propetty or Wait t!:e 11 NA, BOLES: was that a friendly amendment? It atrter floe it that before this goes to City tounciI 12 MA, PISHEL: It Coos a friendly amendment, 12 it he would contort them and explain what Is it 13 Fight. 11 least going forward to them and get their input, I N MR. ?ONELL: So it's all one motion. 14 think it would probably help his case it the Council 1S NP, ENGELBmr: Any other discussion? I, lS level, too. Anything 41311 All in favor of the 16 too, would like I just want to say to has. Gohiks, I l6 amtia0 please wine your right hand. the motion I7 wasn't in this case I'm not at at! opposed to what 11 carries unanLously. I$ you're wanting to do, but particularly looking it the 11 Item 9 is to bold a public hearing 19 cook Street Situation with the Auto tone, I don't 19 considering making a recommendation to the city 20 believe that We tight to build a parking lot across 20 Council Concerning the annexation of 52.19 acre and 21 the street fire einglo-family tesideacts without Some 21 connurent rating of subject property to Sitglt• 22 considerable screening here, That's why I was, 22 fadly 16 toning district and Single-fasdly 10 toting 21 obviously, fighting so hard for that, but I realty 21 district, The property is located on t'ae Roth side N think that's very impottsnt for a neighborhood. Yes? 21 of Ryan toad approlimitely 150 feet east of 2S IS. APPLEr l guess whit Colore ay opinion a 25 toteitridge Drive, And it G legally described if PLANNING S ICNING FEBROARY N, 1999 PLANNING A ICNIIG nISWY 24, 1999 130 132 1 little bit is the fact that this business has been 1 Tuct IS and 11 is the t. Britton Survey and Tract 6 2 beta for 13 years tight text to a single-ataxy 2 in the T. Labor Survey. I naidence. So to me this seems like an Improvement to 3 the pupaul is to develop 129 single 1 have the parking lot scroll the Street instead of 1 residential lot subdivision. Mr. Seed will provide S right next door to the house is it is now. Ird, I S. the staff report. Sir. I guess, that's what 1 was looking at It is to me. It's 6 m. ICED: Thank you. the location, as you ? in Improvement. It's a win-wit Situation for ? were Sul discussing, is In Ruth Deuton 40 the South 1 everyone, 1 side of Slit. The seat 3t subdivision is the 9 NA. I1SIEL: And I dor't Inow if all 9 rorestridge subdlvidon located just to the north, 10 screening Is good because I th A there's Certain 10 The eletnity lop here can we too in a little 31 citcwast+nceS where some Riff sq would be better if 11 demonstrates that pore3trt40a Met it put to the ti it via open and v131ble fog poiice protection std 12 west of the property scut 150 feet. 13 visibility and some other things. So I don't think we 11 The Ili Rr:ounds thit on 311 Sides minu the 11 need to treats I don't think our attempt IS to 11 adjacency of the neighborhood there that I Was jut l5 create screening, eassive sueeninq everywhere it our 1S disusiml. This litticulR innexatian/Rning ease SS 16 comvunity became I think Sometimes that Mfifteu Is 16 very or Is adjacent to the plan Tract which all of 11 much better secutity-wise for people in aeighborkoods 11 you have dealt with including tonight earlier. 1 11 17. ENG632PURN Sr. Nonno? 11 showed the location of that or the plOxldty of that f 19 0. NOUN; ouestion for Air. Bulk, is thin 14 to the site, St's located to the southeast. N ptoposed buffet yard more restrlctbe 010 ou 20 the existing conditions of the property are { 1' landscape ordinance? And if It Is, are we allowed to 21 such that it is undeveloped and Surrounded by 22 Include that as a part of i Conditionl 22 undeveloped property. the toning asp hen 21 0. BOCSS: he'll looking it a Straight 23 desoratntU that nunntly we hate larger 24 toning district. Nt're not dealing with A Dafeil Plan 21 single-family siting districts to the on the north 21 or PD. So yon can Sandsupinq it one of the 2S side of Ryan, including an St-A toning district hew PLANNING a SwINt FtOIOAIY 21, 1999 33' fIlORtIIG 6 SONING ne2wl 21, 1999 IIL .r I I • I 113 Si I in Fareatridge. Further down the road, sr-11. And I Park dedication will occur, in lieu of 0.9 acres 2 PD-22 is a retirement coaeunity known as the Good f dedicated as pack fees will be collected. And 3 Samaritan Village, 3 approximately 37 Ord a half thousand dollars will h e Nnaever, if we could imagine the proposed t collected for park development fees on a lot-by-lot $ collector street that is to align with the southern S basis. So if it was built onto 129 lots, the parks 6 boundary of the proposed site it I could show you 6 department would collect 37 and a half thousand 7 right here this is sbat I'm didcuseing or referring I dollars to further service this coos u!ty with parks. I to. That proposed collector is running through I Staff culled out notice to property owners 9 property wMch is toned AG and sr-lo And further south 9 within 200 feet, and those who vole within the City, 10 all SF-7 toning districts, se a little or licture 10 excuse ne with a legal notice Ord also extended a 11 there of the surrounding area. City Council approved II Courtesy notice to properties within 600 feet. Four 12 the annexation schedule, which is included in report 12 property owners were notified with the legal notice. 13 on February the 9th. 13 And some of the lots which are along Plan load and it one public hearing has been held before City It within the Forestridge subdivision are still owned by IS Council to consider lost the annexation, and that was IS management company or a real estate company, which 16 on the 16th, just one walk ago, The scenario of It reduced Gil actual number of property owners as I7 whether or not we should annex this proputy or not 11 opposed to the number of lots within 200 feet. 11 annes this property is laid out on Enalosutt 9. And 16 lo responsol have been received. And this 19 the difference between ons ling it and mot Annexing 19 tight here just shows that a little more clearly, it 20 this property canes down to City taxes, ra Citp tiXtS, 20 grabbed - the 200-foot notice just grabbed all the 21 requlation of land use, no regulation of land use, 21 lots that back up back onto Alan load. Sc given 12 regulation of building, construction and quality, or 22 everything that I've said and everything that you've 23 no control aver that, 23 told in the staff report, the staff recommends 21 The property can be developed regardless of 21 approval of the innexatlom request. The Annexitlon I 2S the outcome of the trnexatioh request. Ad you're well 25 Serdct Ilan and Study indicate the area can be served FLMNING 110NING Ft6ROARY 21, 1999 PLANNING 11001M FEBRGAPY 26, 1999 136 l' I aware of, 4n the 11th of January, you approved A 1 adequately with City services, 2 preliminary plat for this property. The final plat is 2 If the property is not annexed, utilities Ord 3 now being revimd by the DeveIopmcnt Review Committee I services would still be provided to the 4evelopment, 6 for the first time tomorrow. And that should be 6 but City taxes would rat be collected. The request is S taming your way in the oeir future. S conaetent with both the 1986 DO policies and the 6 So annexation will provide N ,.ty with the 6 1996 OP policies, likewise, staff tecomnerd: eoproral 7 ability to tegulate land use Ord building code, It ve 7 of the acting requests for Single-Family 16 and 42.10, 6 jump to the loninq request hell, the request is for 21 I The request is consistent with both of the policies of 9 112 acres approximately of smi and tnothar 31 acres 9 the 1981 Denton Development Plan Ord the 1999 or ti or thereabouts of SF-10, the tap here showing the two 10 eacwe r 1991 Denton Plan Policies, slid the 11 areas Ryan load laded here along the north show 11 proposed development provides for compatible I2 the SF-14 lots on the north half, and most of these 12 arrangement of land uses and protects existing lard 31 lots far exceed 16,000 equate feet, 13 uses is I laid cut how this tepst compares with 11 W this map is in your staff tepart. it is 16 toning Aroard it, A Enclosure 6, To discuss some of the features cf the IS find, in addition, the proposed aubdirision 16 ioming request trip generation, this is In a low 16 design provides for safe and adequate traffic e 11 intensity area. According to our 1961 Denton 11 circulation. I would be happy to Answer any n .A r 18 Development Plan, it's In a Iew•density tedldential 11 questions. 19 area, according to our Crwth Management Plxm 19 MI, ENGCSAAAOIfh commissioners, any 20 strategy, And using trip generation it 61 prin.' 20 questions for Mr. Aeld7 107 It would appear not. 21 below what the 1991 eoaptehenslve plan would allow, 21 thank you, sir, 22 it's going to be allowed access onto Alan Pool and to 22 Is the pditioner or Petitioner's 23 the proposed collector is the site plan demanstratss, 21 rtpresentNlve preaent7 Please gill at your cox and 26 A told capacity can eccouMl the trip 26 business alltesl for the record, 25 generation, which is probable from this development 34 21 MR. EOWAlr "hair an, meabets of the FMING 6 IONIMG FEBRUARY 26, 1599 a r" M I Iva V r6 INY 26, 1999 to 137 139 1 CculsslC¢tr, 1'a Greg Idwaids, oar ofi.ces ere it l that you might have, 2 390 Korth Carroll Boulevard, Suite D bete in Denton. 2 MR. EKE18WA: Questions for Mr. 16,11W 3 1's a civil engineer, solve worked on the project, S It would appear not. Thank you, sit. e Basically, our clients ate requesting acirexition to 6 10. ICIIARDS; Thank You, S atilt full benefit of city services. This was a S 0. INGELWC11f: It there Anyone present who 6 request and a save that they contemplated, ttaught 6 would like to speak its favor of this petitions yes. I about, and wanted to pursue, s If yon would give us your name and address for the I 0nlth many of the types of developments that I record. S we've done in the past where we have used roses, 9 Ms. CWM: NY name is Patty Clark, and I 10 generally, the idea is to do the lower uses or the 10 live at 610 Ryan Road. AM 1 know 1'111 wonder why it higher intents uses first. Basically, out plan was to 11 I've sat here all night, I live on the southern 12 Clime in with the Sr-16 development is Photo 1, Ie've 12 boundary of this property, And I was at tLl city 11 presented A final plat at that time. 11 Council meeting where it was presented to the city 16 Basically, we are making a straight son:ng It Council, and Mr. Stafford and Me. Johnsoo have worked 15 request, and our clients Ate very intetestod in having 1S very closely with is cad have kept myself and my aunt 16 a very quality development. You may have noticed oh Id very well-informed of the developments, the housing 17 our prslielnary plat, they have dedicated an 17 that they watt doing. And it looks very exciting. IB additlccal area along Ryan load for a landscape V Is came off of the heels of the Hickory 19 buffet, which it not regrirtd by the City. This is in 19 Creek•pyin Tract sduamwhfcatlon, So we ware very 20 amenity that they wanted to include In the 20 hesitant to he in favor of anything until we mid tat 21 developeent, 2a. with our own eyes and hear with our own ears exactly 22 They cat very concerned about having a veil 22 Mat was happening. We are very pleased with the way 21 high•quility development, in looking at it with the 23 that the horsing development looked like it's coming 21 Growth Management Plan and the projections that the 2: Across, 25 City has for growth In the area, we are very concerned 2S Nt're getting very good cooperation with out PLASHING a IuIING IIBROMY 21, 1999 PLANMING { tONIMG r1lowY 26, 1999 111 160 I about buffeting and drawing from and enhancing the 1 new neighbors even thou;',; we'll not city folk, 2 valve of the current SF-16 toning to the nortb of us. I t4y'tt being Ill$ cooperative with us And making sure I No are oleo concerned atcut being protected from the 1 that our rows are not stepping Is holes and gnus ire 6 higher intents uses that hire been approved to the 6 not left open. The only comment that I would like to S south and the east of the property. S make and Mr. Donaldson addressed this Issue it the 6 Mr, Stafford Is not here tonight, but at the I City council meeting was the this property does T City Council meeting, 1 think one of the key things 7 not adjoin the Ryan Tract, I that he bought out on property is In the first third I There's in 00-foot section that keeps the two 9 of the property. basically, phase I is the area that 9 plates at the very back end from voting, And if you 10 gravity sever into the taliting City system on Byars 10 don't reallie that, it loots is if these two join, and 11 Paid, ;his Is the area Mete we have the highest 11 a toad can toes from Mickory Crook straight up to Iyin 12 concentration of tiles, had, basically, It's mast 12 Raid. That's hot the case because of the 10-foot 11 suitable for Sr-lb and litger development that we've 11 strip of property thetl that's private property, which 11 proposed, 16 my soot Se very careful that everyone urdentuds, is bailcilly, is we sovc to the southern portion IS that that if not Included in anything except in her 16 of the property, we've anticipated In out pteliminary 36 hies, So six# she's not here with roe to speak to 17 plat a little bit larger Sh10 lots In the central 11 that issue, I thought I would go ahead aid bring that is e 11 portion and then the smaller SP-101 in the smaller 11 up to yon. 19 portion as wt get Closer to the higher intensity mill 11 But, like I laid, we're veil wcb in favor of 20 that we anticipate in the south. We think this is a 10 it, Nett very pleased with Mat Debbie and Charlie 21 tery good p1ar. It protects our clients. It provides 21 art wanting to do and ?aping to do. And we plan to be 22 A quality developunt for the city of Denton, 1 hope 22 tight there watching and helping with Anything that we 21 that you will support this, 23 can do. So I definitely as In favor of thl I tt if yvu have any questions, our clients ifs 2t development being approved, 25 represented here And would try to answer any questions 35. 2S My. Eb66LBW.4t ThaAk you, PLUNING { 10MING WOW 21, 1911 a PWMIIKG { OWING TEIAOARY 26, 1999 t~ u1 s I M3. CLW: Slunk you. It ro t plans to do anything with Ayan load in the neat 2 V. LNGELBpLCNT: Any questions? Spealttrf 1 future, the;e 0411 be some imprrvements to lyin load 1 Shank you. 1 with this davelapuot, C Is there anYcne else present who mould Iike 1 MR. IKEt&VM: Other questions for staff? S to speak in favor of this petition? Anyone list S Any comments or I Iptloo it would aeu appropriate 6 present to speak in favor of the petition? Is that 6 to hart two motions at this point, first one on the 7 case, anyone present to speak In opposition to the 7 annexation because If tie don't approve that, moning is 3 petition? Any present to speak in opposition to the I meaningleSS. 9 petition? Seeing no opposition, we will waive the g MR, AISNEI: Make a ration, I rose to 10 rebuttal. Public hearing is closed, 17 rernmxM the approval Of A -9i finding that it is it Mr. Reed, try final stff reforest All 11 Consistent vith the 1990 " excuse IN INS Denton It right, Comissimnere, any questions for stiff? Any 12 Development Plan, And it is Consistent with the 1998 I1 comments or I motion? It would appear appropriate to 11 Denton ?lift and Growth Management plan, 11 have two motions. 11 r,1aJrICMT: Mould that be 79? 15 MR. 115MIL: Ouestlon, 15 MR. RISMEL: Is that the 79? Shank you, 16 MR. EMG£IMCMT; Tes, Mr, llsNel. 16 NR. MU: Second. 11 MR. IISIDL: Could you tell ma, jr, leaf or IT I5, EKELS"al: Plan meted and seconded to 10 Mr. Salmon is Mr. Salmon still here Mr. Salmon 10 recommended approval of the annexation. 19 " Mat the Capacity of Pyin load is and where that it 19 IISHEt: kt ma We acre tut notrtaker 20 on the CIP if that's on the al? 20 knows what you ven speaking of here. I left out the 21 K. P ON I Can tell you capacity is is 71 apptovll of A49 on that. So just to clarify the 22 provided in the staff report. I think David $Simon 21 motion. 23 might know Something about the CIP, to if he Could 23 MR. EMO[l=iR: D'scusilan on the motion? 11 just answer this, 21 All In floor tells your right' ight hand. Motion circles 25 MR. sm"t Ryan load is Currently a 25 unanimously. PLANNING I BONING PEBAm 21, 1999 PURIIMG 1 BOIIIG 191POAFY 21, 1999 ll} IH 1 tv)-late rural section Mich can handle somewhett in I P. lISNEL; 114 like to make A motion. L'd 2 the neighborhood of about 5,900 trips per day at a 2 like to moTI to recownded approval of 1.98.058 1 Ievel of service C. of course, in our mobility plan, 1 finding that it is Consistent with the 1993 Denton 1 It's proposed to be a four-lint divided arterial, 1 1 Devilopmant man. It is conalatent with the 1990 S haze no idea at this point it what time that will S Dertor Plan and Growth Management plan, It prom?des a 6 occur. Probably in the tinge of about five to ale P compatible arrangement of land 4541, it protects 7 Yeats ago, maybe seven, through the last Denton county 7 existing neighborhoods, and It it safe and adequate 0 bond election, Ryan load was reconstructed. I ttoific ClEditIon. 9 So it is I relatively Arw tad. Thera is 9 MR. PJIRU: Second. 10 currently no plans In the City CIP to do anything new 10 A. [IGELSPEW: ken mooed and seconded to ll with Pyan load, So i would anticipate for at least 11 recommended apptovai of 1.91.050. Diseus5ion CA the 12 the next fill years there probably won't be any 12 moticnt MI in faTOr raise your light hand. Motion 11 significant Saaprovtnemts to plan load. As additional 11 carries unanimously. Ladies and gentlemen, that 11 subdivisions occur along Ilan, is with the 11 brings us to the Director's lepart. 0 subdivisi0u or the land that vitro looking it tight 11 Mr. Donal6on, lo. 10, Council action. if ncw, there will need to be lone additional 16 DR. DDIA KI: Council action at their last e I7 iryrovanent5. 11 matting constdeted the lama Thistlt Pill tnneution r A 11 And, is in example, with this pirtic let 10 and toning. Then I have son handouts for you r' 19 detelopm,+nt, they will be installing turn lines at 19 relating to the eaprthens;ml planning process. 20 their entrance on Plan load to that people turning in 20 Council received the first ohapttr of the 21 and out of the development will cause a minimal delay 21 Comprehensive plan it their work session yns.ttday. 2t on flan load, So you'll still home through lanes and 22 Aid I also have Article 10 from the charter that 21 people will be Itie to get into a turn line to turn In 11 discribts the duties and pewers g d duties for the 24 or get cut of the development. 21 Plannlnq and toning Ctwmllslon. And they relate 23 So round about the City does not hams try 36, 25 strongly to tompredtnaiu planning. PIJWTIIAG 1 MMIIG mijARy 11, 1959 D PLAITING I BGMITG 7t"my 21, 1?59 i AGENDA INFORMATION SHEET Agxr4 I~brn Dab AGENDA DATE: March 23, 1999 DEPARTMENT: Planning Department CM1DCb11ACA1: Rick Svehla, 349-7719 SUIIJECT - Z-99-007: (Denton Lincoln Afercury) Bold a public h=aring and consider amending a detailed plan for 5.491 acres located in Planned Development 12 (PD 12) zoning district. The property is located on the the south side of 1.33 East, nosh of Shady Shores Road, commonly known as 4984 South 1-35 E or the Denton Lincoln-Mercury Dealership. The proposal is to increase the number of signs along the 1.35 East frontage road from one (1) to three (3) (see Attachments 1 and 2). The Planning and Zoning Commission recommended approval of Z-99-017 with the exception of Sign H (6.0, Susan Apple absent). BACKGROUND Mr. Ed Smith, the owner of Denton Lincoln-Mercury, requested to amend the approved detailed plan to Increase the number of signs from one (1) to four (4) along 1.33 E frontage road (see Attachment 4, Enclosure 2). This will be the future site of Denton Lincoln-Mercury, the existing dealership is located on Dallas Drive. To meet franchise agreements with Isuzu, Mazda, and Lincoln Mercury, Air. Smith has indicated that it is necessary to have one sign for each brand. In addition to these three (3) signs, a fourth was requested for a Quick Lane franchise, which pros ides lire and other automotive services. I PRIOR ACTIONrREV1E% i February 4, 190 • The Development Review Committee (DRC) met with tb,~ project representatives, lane Saint-Romain (sign contractor), Mike Davis (site contractor), and Charles Hamilton (engineer), to review the proposed amendment. Staff directed the representatives to consider smaller, shorter, clustered signs, seeing that the request was greater than allowed by Chapter 33 (Signs) of the Code of Ordinances (see Table 1). Once this was done, the request would he revicwcd again a URC. However, the applicant requested that the zoning request proceed to the Planning and Zoning Commission as is. Table 1. Denton IJncolo-Mercury t'ropoeal vs. Sign Ordinance Regulatlom g 0) feet any given sign hlaxlmum 11ei hl 99.25 total 3eel: 0 forty (4 Sign B - 16'- 9.5" Sign C*40'-0" _ SignD*19„6" _ r S1 Onatn Efrectise Area 332 total square feet: 250 square test for ground signs Sign A - 64 sq. ll Sign Is * 85 sq. A. Sign C • 144 sq. A. Number (Allan cd) Four (4) skmg a four hundred One (1) sign pct fie hundred fed foot ftontaae of frontage _J 1LOJO L r February 10, 1999 - The Planning and Zoning Commission considered the request and I r recommended approval of three (3) out of the four (4) signs, specifically Signs A, B and D on the detailed plan (see Attachments I and 2). Sign B. which was for the Quick Lane franchise, was excluded (see Attachment 4, Enclosure 2). The Commission also directed Mr. Smith to work wish staff on clustering the signs. March 11 1999 - Staff arrsnged a meeting on-site to satisfy the Planning and Zoning Commission's request to cluster the two (2) additional signs, In addition, a request was made of Mr. Smith to provide documentation as to the franchise requirement for Individual signs. r March 3, 1999 - Staff met with Mr. Smith and his representatives on the subject property to discuss alternative locations for the Mazda and dsuzu signs. At this meeting, Mike Davis, the site contractor, indicated the difficulty in clustering the signs due to site limitations. He demonstrated that the clustered signs would have to be located where the two signs are proposed (see Altachmeut l). The two (2) clustered signs could be where either sign A or sign B are shown on the detailed plan. Both locations create physical and aesthetic problems due to the proximity to casements and existing trees. Staff requested documentation as to the franchise requirement for individual signs. > March 16, 1999 - Documentation provided concerning franchlse sign requirements (see Attachment 8). PROPERTY HISTORY February 20,1973. City Council approved annexation of 131-715 acres (Ordinance 73-5). May 6, 1980 . City Council approved a 109.102 acre concept plan, creating Planning Development 12 (PD 12) (Ordinance 73.5). June 3, 1986 - City Council approved an amendment to the PD 12 zoning district, allowing singlafamily, clustered homes, apartments and commercial land uses on 74.8 acres (Ordinance 86.109). December 16, 1997 - City Council approved a 5.4907 acre detailed plan for the Denton Lind In Mercury dealership (see Attachment 4, Enclosure 4). January 27, 1999 Staff approve{ a minor amendment to the approved detailed plan (see Attachment 4, Enclosure 3). The amendment allowed the parking area on the rear of the properly to be rearranged, maintained the number of existing trees to be saved, and the relocation of the one (1) sign. The subject properly is platted and is currently being developed, E:STI1f,~1F.D PROJECP SCHEDULE If the detailed plan is approved, the development will be able to receive sign permits to install the ! number of signs indicated on the detailed plan, FISCA , (NFQP.NfATION Development of this property will Increase the assessed value of the city, county, and school district. 11 will require no short•lorm public improvements that are the responsibility of the city. 2. f c P&Z SUGGESTED RECOMMENDATION The Planning and Zoning Commission recommended approval (6-0, Susan Apple absent) of this A zn„ing request with the exception of Sign B finding that Denton Lincoln-Mercury has substantially beautifiod its property by erecting stone venire retaining walls, thereby enhancing the aesthetics of the site and adding corresponding t;enefits that merit the deviation from the standard Sign Ordinance, OPTIONS 1. Approve as submitted. 2. Approve with conditions. 3. Deny. 4. Postpone consideration. 5. Table item. ATTACHMENTS 1. Proposed Detailed Plan (3 signs). 2. Sign Details (3 signs). 3. Proposed Landscape Plan (3 signs). 4. Planning and Zoning Commission Report, February 10, 1999, Z-49.007. 5. Planning and Zoning Commission minutes ftom February 10, 1999. 6. Draft Ordinance 7. Photographs. 8. Franchise Sign Agreements. Respectfully sub i D ill Director of Planning and Development Prrpared by; 1Va a Reed Planner 11 ~ a 3. a, • Ma A r1 M CO W Awm r. wr1 Wrl IY 11.f 1 11r MI r wM ww uwrawu nrrWru 1 ~ \ ~1~~W NY V. s~,.~1 VYN.1 IFI Y. W Roo Y Y. WMI W nll V. 'O . ` t: wn nlr .W u. • 1 ~MJI ~Wiaall ~ ~ 1y11y~Ma Mi Yrr.rw ~rrM WY Mai '-R~ N.11 MY .Ya. aYr : Y VNI , 111 Ma.r Aw• _arr \ i~~1 iY w~a Ow~aY Y Ya I~ e. k® 41 1 f 1 . i . . 1 w M d W 1 r i i Ito +P W V M• M t (1 I, I a i i i / ~ / YYrr1 rl NIII i W rO YY MW I YN b11 ~ rRR~~ }~IYr ~ a M„ Rw YL ~l~t~ \5 uwrlwu craw rr we I oYawuN• / . tlC9."C1owa axl u. • NYr nr u. / e uYn ru iw u / f 3 rrN rnr it v, / 1 y Y IMr wUYrM11 / ~ ~iN y(~~p~y~M. IYW M» ~ YM I.r Ip r r • Y MI / '-(rte f.1\I Ta MwIw iYYl1 . YYrll ; / 1 151" N.. ~ ~ ! I ENS w1 ~C"" • 40 O I 1 ~ ' I ~ r. ,err _ Y.Y-\ ~ rrs r YM. I ~1 fir- iw rY 1~1~ a I M r+I M~ f■ ♦ illl M ArM rM rA A11 r r1 N ~ i i ZION A ."DA rlMr ru w d. r rw rur!• r r r.r it it •wr♦ r MON OETAU v r• rrr rlr rr r.~r• •ie i W Y rl I I I I I I i • III 1 Yr,rr ill ' ~ rV IY[r 1YIR IW ~.14\ b Ili 7P~1"AfLS'AiSi~l W\ r~ W •wn reel .r r\r [w ~ ~ • \ rW ~Wr~.rrrO~' \ ~ ' Irrr • !t~ IM~+C1d[iY ror . n\rl ,r Iwr rn I 1.• Ir411p \r•r~wrr ♦ . .Irro[Ir[~r.~,[ 1AS.•r rMr JIIMkMMi[.1•W\Ul i[I a'~• ~ r~1~C lr err lM,WrM.W i~yl,~Wr\~„y ~ IIrYYO.O hr [u0 rhhr/ W 1!Y lr~ ~ y~,/ i f , rt. I R arw'\r' \ j'•• wwn [\\r [•rl ' ~ 1. wee M" Air r i s"".r~'as~w~e•r nnyrRra^wr+►e+u \R 10111[1[WOhM1IMM. K\ " W ~~\1(~\\ a , i \ J 1rln.~ 'I I 1 ~yl erral r , - • ~ + I ~,t 1. r w 1 1 , / ~ IIY MI-T VAN" 11 r ~u w taw :tg" ~ UhOSCAPE NAM 1 1 ! I I Ids L ra _ . W , 1 S ~ 1~ I~ I~ I ~ 1 / ~ a atN ~ • r~.+\._...r_,w•rw ~ ~ III t c. ATTACHMENT 4 w PLANNING AND ZONING COMMISSION REPORT STAFF REPORT Subtect: Denton Lincoln Mercury Cjse Number. Z-99-007 JJ& Wane Reed, Planner I Aaands Dale: February 10,1999 a + w '4:. •.0 „ ~j:~i~ 4r~ ~~".a"'e. x`- r,~, x ii • y, Rr i Hold a public hear?ng and consider making a recommendation to the City Council concerning the amending of a detailed plan for 6.4911 acres In Planned Development 12 (PD 12) zoning district. The request Is to Increase the n.imber of signs from one (1) to four (4) along the frontage. • L ~ I N SITE LOCATION MAP ! i Location: the south side of 1.35 East, north of Shady Shores Rood 8129: 6.491 acres j '~'I WI'i R. 1t01, : GENERAL INFORMATION_ Applicant: Charles Hamilton Owner: Ford Land Leasing Development Half1 Associates One Parklane Boulevard 4000 Fossil Creek Dlvd. Suite 1500 East Ft. Worth, TX 76137 Dearborn, MI 48126-2477 f,.qk PLANNED DEVELOPM.ENTZONINO~PROCEDUR9S' Planned development zoning districts (PD) are Intended to provide for the development of lend es an integral unit for single or mixed use In accordance with a plan that may vary from the established regulations of other zoning districts for stmilar land uses. They are also meant to encourage flexible and creative planning to ensure the compatibility of land uses, to allow for the adjustment of changing demands to meet the current needs of the community, a.id to provide for a development that is superior to what could be accomplished in other zoning districts by meeting one or more of the following purposes; (1) Provides for the design of lots or building; Increased recreation, common or open space for private or public use; berms, greenbelts, trees, shrubs or other landscaping features; parking areas, street design or access; or other development plans, amenities or features that would be of special benefit to the property users or community; (2) Protects or preserves topographical features, such as trees, creeks, ponds, floodplains, slopes or hills; or (3) Protects or preserves existing historical buildings, structures, features or places. There are three (3) types of plans that may be used In the planned development process; concept plan, development plan and detailed plan. The case before the Commission Involves the revlslon to I an approved detailed plan: DETAILED PLAN This plan Is the final step In the process and Is required prior to any development. For smaller tracts or where final development plans era otherwise known prior to rezoning, the detailed plan may be used to establish the district and be the only required plan In the planned development process. It will contain Information specific to the site. All detailed plans should be in substantial compliance with landscape, sign, subdivision and other regulations of the Code of Ordinances. When concessions from these regulations are requested by a developer, there needs to be corresponding benefits that merit deviation from those regulations. SUMMARY OF 20NIN0_ REQUEST The developer Is requesting to amend the approved detailed plan to Increase the number of signs from one (1) to four (4) along 1.35 E frontage road (see Enclosure 2). Mr, Ed Smith, the owner of Donlon Lincoln Mercury, is relocating his existing dealership on Dallas "rive to this new location, To ' a meet franchise agreements with Isuzu, Mazda, and Lincoln-Mercury, each brand must have its own sign. In addition I,) these three (3) signs, a forth Is requested for a Oulck Lane franchise, which r r provides lire and other automotive services. Mr, Smith understands that the number, square footage and height of the signs exceed the restrictions of the Chapter 33 (Signr) of the Code of Ordindnces• However, he Is proceeding with his original request. 9. wood b I The table below compares the request to the sign regulations In the Code of Ordinances: Maximum Height 9925 totsl ferl;~ Forty feet -4 '24896 Sign A n 23'- 0" Sign B ■ 18'-9.5" Sign C a 40'- 0" Sion D v 19'- 6" Maximum Effective Area 352 total square :vet. 250 square feel for ground signs 140% Sign A ■ 84 sq. ft, 300 square feet for monument signs Sign 8.85 sq. 4. Sign C ■ 144 sq. ft. Sion 0 059 s.R. Number tAibwedl Four (4) along a four I Ono (1) sign per five hundred feet of 40096 hundred 400 foothonW a iron h As proposed, the request exceeds the maximum height by fifty-nine (59.25) feet, maximum sign area square feet by one hundred and two (102) square feet, using ground sign etlowance, and the maximum number by three (3). 4998 Denton Plan Policies Analysts i This request specifically Involves signs, not the appropriateness of the land use. With that in mind, an analysis of comprehensive plan policies that deal with community appearance is In order. The 1998 Denton Plan (DP) Policles addresses urban design. Staff finds the request to be Inconsistent with these policies, except one involving preservation of trees, and therefore, contrary to the long range vision of the city. The table below provides a summary of the 1998 Denton Plan Policies applicable to this project, Denton Plan Policy Analysts Summary Development Rating vs. Policy Not CATAGORY POI ICY Inconsistent consistent Urban Daalgn. AdMesses commmo 47 ke in a m(wehendve manner, 1t Dver44er architectural aplesm to of built environment X Neghborhood Inhll development should be co npabble wlth eelsbng land use and buttd,np, M / Protect and preserves Denton's ardAtedural, cuftural and p r 6 a historical rewurus. Enhancer Ilk appNrance along maJor entrorXeWm X Promotes ttk preservation of tree and landsoping, - X 0 ==i sill fr ,SPECIAL IN"MATIO.N Signs The approved detailed plan for Denton Lincoln Mercury conforms to the Sign Ordinance (Chapter 33). As provided earner in the report, the present request exceeds the maximum height, sign area and number restrictions (see Enclosure 2). ~r PROPERTI( H~S'fORY February 20, 1073 - City Council approved annexation of 131.715 acres (Ordinance 73-5), May 6, 1980 - City Council approved a 109,102 acre concept plan, creating Planning Development 12 (PD 12) (Ordinance 73-5). June 3, 1986 - City Council approved an amendment to the PD 12 zoning district, allowing single- family, clustered homes, apartments and commercial land uses on 74.8 acres (Ordinance 86-109). December 180 1997 - City Council approved a 5.4907 acre detailed plan for the Denton Lincoln Mercury dealership (see Attachment 4, Enclosure 4). January 27, 1999 - A minor amendment to the approved detailed plan was approved by staff. The Pri endment allowed the parking area on the rear of the property to be rearranged, maintained the number of existing trees to be saved, and the relocation of the one (1) sign (see Enclosure 3). 1 The subject property Is platted and is currently boing developed. PUBLIC NOTICE i Notice of the zoning request was published In the Denton Record-Chronicle on February 28, 1999, Two (2) property owners were notified of the request on January 29, 1999 (see Enclosure 1), As of this writing, there have been no responses. 0! AfCOMMENDA`CION r a Staff recommends denial of Z-99.007 finding that; 1. It Is Inconsistent with the urban design policies of the 1998 Denton Plan; and 2, The request exceeds the restrictions of Chapter 33 of the Code of Ordinances. V 111 u c. a x 1 . I move to recommend denial of Z-99-007 finding that: 1. It Is Inconsistent with the urban design policies of the 1998 Denton Plan; and 2. The request far exceeds the restrictions of Chapter 33 of the Code of Ordinances. 1. Postpone consideration and require the appllcant to work with staff on an alternative proposal, 2, Recommend approval as submitted. 3. Recommend approval with conditions, 4. Recommend denial. 6. Table Item. 1, 200' Propefty Owner Notification Map. 2. Proposed Detailed Plan, (4 pages) 3. Minor Amendment to Detailed Plan, (3 pages) 4. Approved Detailed Plan (Ordinance 97.368), minus Exhibit D concerning Iightlnq. (6 pages) v 1 , `,A. - z z r1 (h) I rt St'l I Raj 0 k floc ]2, k. ` • P i I i ENCLOSURE 1 NORTH Z-99-007 (Denton Uncoin Mercury) i • roe+uw r,~ r' i 200 F BUFFER i OF T OF ' oil IT uo,~~ r • ~i 200-500 FOOT NOTICE MAP Agenda Date: February 10, 1999 Scate: None 13, c~ a W IYa 1 YY iU '.t. wrawa.nrrwNu r Yr.~ryAnW M V. ~ 1 rWf .tlrl MV V. { ~ r rwa Nerarm \ ~ ~ qr,: r.•..w arm ~,W' y f,, t\\ "Irm Om ' xixr~rrxrr ~ W a P. X" APO `i ~ i i r i i r i i ! l . l i i r i r i' i I I c• 1"IY.• Y,.tO ~yy~~ Y~r~ W ".1 VY •o.l f 1. ri 9~YiM p r or Uwr.MN rWYtl M, AMP rrr rawrH~ - ~ uir~r •.w irrrrw wwm / may' / ~,:Ie~'~~~-t~~//~. ~is.\ 14~ w .r rw loll • g~tYtau~a rr~p / . ! sY Mme/ `~,v ~Z'~, 10. 40 i l r.` r _ _ _ ~_.TA TAILED MAN 1 I ! ! I I ! I ! 1 a! aw J l e W t MwT \ l I rM wwT rT j r Y1--~ YwT w Yn •wT ~JIM. 01 ~ C\ T i w T f ern m wr l GNP %m wwT+ was Ynr^ rv YwT r~n.r Yr 94N D"AU *YT Y~r irr w • T • wT wrr r• •1M r• • T 41 wwT l + IM M-1 w f ~I i i I I i i I~ I!I r e i i I ~i~~ls•w,r~rw Yla•w V•MY amiVe•VL ~~1 \ ••i n. IM ,ul sY IIW ~ LLMI r M Ivl ~YI"~~n~ M MY ~ [ 1 ~ ~-ry~~ r~r y~l~~ y 1 IM y rw ul urw c++re • •rr w .4 r.IM ~r IM/M,•NR ~iM1~.~I.~111.~1~w ~rV ~ wrrw•w~Vm y wMAA~W w•<rim! 1L° 6 ,N OPIt \ III I M r ~•1 W r NEW LIW r Iw\ I•i M 1 f N. v - •irf-- f.,IY ~ v.w. ewu '~/fir' ~/a'' •pIP~~ 9LY7ty";FYfill • tar. r 1 • 1 f/ ,~/YrV R 1^~~ 1 I I 1!"' I►C'r I r` l , t7LS1s LANDSCAPE rx" ' I I f I I I ! ~ td ' AIIA M!O l I I f I 1 % 1 I { II' 3 t~ ENCLOSURE 3 X CITY OF DENTON; TEXAS CWHALL wEST 221 N. ELM DENTON, TEXAS 76201 (940) 349.SM a FAX (940) 349.7707 DFW METRO 434.2529 January 27, 1999 Mr. Ed Smith Denton Lincoln Mercury 1400 Dallas Drive Denton, TX 76201 SUBJECT: Minor Amendment for Denton Lincoln Mercury (PD 12) Mr. Smith: The Planning and D velopment Department has approved a minor amendment to the detailed plan and landscape plan for 5.49 acres located in Planned Development 12 (PD. 12) zoning district, commonly known the Denton Lincoln Mercury Dealership at 4984 South 1-35 E (see Attachment 1, Amended detailed plan). The minor amendment pertains to the following: 1. Reconfiguration of the parking area on the back part of the site (labeled "future new and used car storage" on the detailed plan attached to Ordinance 97-368). 2. The relocation of the pole sign located along the frontage of the property. The amendment allows for a different parking lot configuration and the swapping of Tree 17 (to be , saved) for Tree 37 (to be removed) to preserve the minimum required number of trees (22) indicated by ordinance. Also, the original detailed pisn calls for the pole sign to be placed in the median of the driveway. The amended detailed plan moves this sign approximately sixty (60) feet to the southeast within a landscaped area (see Attachment 1). A copy of this letter will be filed In the case folder for Planned Development 12 (PD 12) zoning district for future reference. 1 am available to answer any questions that you may have concerning these instructions. Sincerell , Mark J maldson Assistant Director PC: Jane Saint Romain 18 . PD nriror emrndnnrr.dne "D imied k Qwhy 8erocr' i (t t' V 1 ECOMMENDED ltdat w \ e 1 7 9 ww w Iw.,r wYi ' f .t~•~f,^.:..er:~~1~aw / ~ ~ w"/ ~~\\~Y~X'\~~ ~ r rw~Y \ .tip",~ •r~\, ` `~i ~ ~ ~ 4~.~Y, ~ ♦'~i'~• \,F\~"Ir'' ni~"•1C' rM • fir( Y C\` Y COMMENDED • 1 ~ Y ~ » l i i f •i u,w i Y i i j i ' f ! Y\ 7 ~71d AM. I `V 1 L V Y COMMENDED~ APPROVE z date 1Y01tM[ tw.rYe , . 1 1.11.»,IX.w i~.,Y1X~ w1.:Yl..+~.u1 •'.e~\,~ , E~ IY1... 1r4L Yl»II,~Y YYiIYJ.»ri' ~ ~ •1 i 1~L 1 fWYIYAY YI. 1 \ f' I~YI IiIY VI WYYI YY01~.1rY""»w Vl ~ 'r ~.IwX V,iYYM 1'Nr,r., Y.+n1Y r1 ,~r. (•Y~.~ 1 r..r.w Y.IYea . wYY \ C • , ~~Y L ~r 111YYYYYY i w" .w+r. _ w,r YL : _-Yan~~ - ~ , f r , ~ rrtl' Y'SC rISa,r:S "-?-74 n2,. C 't7.1 :x r L1 4:1'8' ~ 'v "'rrY' z?, \ j 111 7dY LANDSCAPE PLAN r APPR RECOMMENDED is 27 4q I j dalEl alff AuuitiG 1 ~ I I ~1~ Y l i c I I I i ENCLOSURE 4 ORDINANCE N012-Ml i AN ORDINANCE OF THE CITY OF DENTON. TEXAS, PROVIDING FOR APPROVAL OF A DETAILED PLAN FOR A 5.491 ACRE TRACT LOCATED ON THE SOUTH SIDE OF INTERSTATE 35 EAST, NORTH OF THE TOWN OF CORINTH CITY LWTS; PROVIDING FOR A VIAALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Halff Associates, on behalf of Ford Land Leasing Development, has applied for approval of a detailed plan for the 5.491 acres described in Exhibit A, which constitutes a portion of the planned development; and I WHEREAS, on October 22, 1997, the Planning and Zoning Commission recommende1 approval of the detailed plan; and WHEREAS, the City Council finds that the detailed plan will be in compliance with the Denton Development Plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Detailed Plan covering 5.491 acres out of PD-12, and more particularly described by the legal description attached hereto and incorporated herein as Exhibit A, is hereby approved, such plan being attached hereto and incorporated herein as Exhibit B and that the Landscape Plan covering the subject 5.491 acres, such plan being attached hereto and incorporated herein as Exhibit C, is also hereby approved. ,,UCI,ION II. That the Detailed Plan and Landscape Plan are subject to the following conditions: L No public address system shall be installed as part of site operations. 2. Lighting shall be In compliance with site lighting plan which is attached hereto and incorporated herein as Exhibit D and as follows: (a) Prevention of upward light diffusion will be accomplished through the use of cutoff luminaires which d rect light perpendicular toward ground surfaces. (V Light spillage on to adjacent residentia! properties wi'I be controlled as per the illumination levels indicated on the site Iightire plan. , (c) Hours of operation for display lights shall be dusk +tntil 9;00 p.m., with the understanding that security lights will operate from 9:00 p.m. to daybreak. 21. t, c. 4. 3. Tree Preservation- (a) The exact number of trees to be preserved is y. Temporary fencing shall be placed around the dripline of all trees to be preserved during construction to minimize root disturbances. Preservation techniques as outlined in Exhibit E, which Is attached hereto and incorporated herein, will be observed. (b) The number of new trees to be planted is zl,~, all of A hl,,h will be either red or live oaks, with a minimum caliper of four (4) inches. (c) Any trees that do not survive, whether preserved or newly planted, shall be replaced by a four-inch caliper tree. 4. A screening wall shall be constructed along the south property line as per specifications set forth In Exhibit F which is attached hereto and incorporated herein. SECTION M. That the provisions of this ordinance, as they apply to the 5.491 acres described by Exhibit A, govern and control over any conflicting provisions of ordinances relating to PD-12, as they relate to the subject property, but all the provisions of said ordinances relating to PD-12 as they apply to the remainder of the planned development district not herein rmended shall continue in force and effect and shall apply to the remainder of said district. SECTION IV. That a copy of this ordinance shall be attached to P'v 12, showing the amendment herein approved. SECTION V, That any person violating any provision of this ordinance shall, upon conviction, be lined a sum not exceeding 52,000.00. Each day that a provision of this ordinal;ce is violated shall constitute a separate and distinct offense. SECTION VI , That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record Chronicle, official newspaper of the City of Denton, Texas, within ten (10) da%s of the date of its passage. PASSED AND APPROVED this the y of j)ee & 1,&,- . 1997. t C .LER, MAYOR 22. i . r~.+r«e~ade....rar~.taea~v.n~~,r o u ATTEST: JENNIFER WALTERS, CITY SECRETARY 0- T APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEN' -dA~ e i r i 23. ra.~w,xaa. e..~aa..rmewanmr t £XHIDIT A 5.4901 ACRE 111s;t 8EiN". o tents 'CO'd out of fns dean Mak+r sy~yey,JOStr~61 pO.IJ3Q,t~ the CII~I W Oem.On, Oenton Cb.rlty. Texas 0~?a. e ?rip port, p! fM 213.3439 0 ;a iroaY of 0 e0ofiveyy••Ea to Ooxmont Conay; m Land Porfnes thud., by deed r lorded In 0e 4r County CK~P`e FICA IpCCry No.94•ttp007119 n the Oead Rec r44 of Denton aunty, texas 1 TJ,and baN more parr cuarly daseribad O! fosse : tQN>/E INO at 0 fOUt~ 1/2-inch Iran rod of the IntePC Otlon Of the west right-Of-way time or POST Oak, 0 S0pQp 11de stet t right-Of-wayr Ob fad t0 the City Of COrplfh, TAxaS by plat recorded in Cbatnegtii F, Pogo !3 Of the OROCI he soUIPWOSfarly righ -of-way I of v+tarstafs Wgqrnlvayy SSE to vori a width R0pM$ thrice with lini sduthwesterty rlpnt-011 0y - 1l00 of said Imt4e&+Ote /li_ - ] ,the fOSOwfng Course$ and d;stoneesi North 42 degrees 24 minutes 34 seconds Nest for el d'Sfahce of 12.06 feet to a fe.,nd 1/2 inch lean roar North 50 degrees 12 m;nutss 52 aeconds west for o dlsfanle of 62.63 feet to a found 1/24ACn Iron rod of the oe%lnn!n of non-tongent curve to the right,hOwtnq a radius Of 1461.36 fact and whose IOmg chord bears North 44 degrees ST minutes 22 1eca,,ds west for 0 aratance of 214.09 feet! Northwesterly wltn Sold Curve through 0 centre' angle of 10 deoes43 4S minutes 42 seconds and an are OtOtonee of 214.49 feat to a OOTmfj Nor to 39 degrees 34 minutes 31,4000ndS west for o dlstCrC4 of 30.17 feet 10 a 00 rlt for the be~lnning of o cuev/ to the Ieft,havTng 0 rodus of 1461.36 feet and who i long cnoea bears orih : 4 doort6S 7 minutes 16 8a00n48 West toe a dlstance of 273.99 EA t; Northwesterly with sold curve throw9h 4¢ eonfeatangre of 10 degrees 45 minutes 29 sleondS Ord ar, arc distOmCG of 274.39 feel to 0 DoTmf nF tomoonayi North 50 degrees 20 m;nu/as 00 seconds Nest for a CletamCs of 111,71 feet to a found S/1-inch iron rod wTim p+astic cop for the POINT OF SEONNINM THENCE do"I'tino the southwesterly right-of-wey fine of said Interstete Wghwoy 3 ,south 41 degrees QT Hnutse 19 seconds West for, a o1stance of 352.95 feet to a found 5/A"IhCh ken raa with pl0stia Cop In the north Gne of Tne woods at QoI%"mt,Pna64 2 an Odditton to the city of cc, it m, Ocnfor, County, tames eeeoed;ng to the plot ftlwd for retard in Mind? ti Pooe S7 of the OROCTs THENCE with the north I;ne of the sold Cdditio4NNorfh 66 degrees 00 minutes 24 fAadnds hest for a "latonae of 609.71 feet to a founO 5/e frOA rod wltn plastic COP for corners THENCE oapoefing the north tine of rhS said oCditlon North 35 degrees 10 Minutes 11 seconds West foe a dytonee of 49.99 feet to a found 5/6-Inch lean rod w th pldstie coo for a earner ;n Ire centerlne of a 100 foot wide! Texos Fewer & 0 ht eom~po2m asoment conveyed by Page 514 Volun'eCSIB.Page 1014 d3VOlumee1062'Pog m423of OneaOWTI 517, ` THENCE North S4 de rtes 41 minutes 13 seconds Eost,elong trig centerline of said ecsament, for a clstance of 12516 feet to a four S/6-tech from rod with plostle cap In the southwest right-of-w0y Gne of lnfeestate H; hwoy 35E for a earner on a curve to the left having a 1,100lus of S5T9.6S feet and whose tong chord boors South 41 dagreos 49 mtnutis 30 seconds East foe a d atamee of 310.01 feall THENCE with tee southwest right-Of-way line Of said Intr.-State N;ghwa 35E.ard CIO" said curve fo the left fhro.gh a eanerd ongla of 07 degrees 01 m;nufes 19 SOCOM44 and on ore distance of 310.11 feet to a found S/1-inch iron rod witm glostic too for the point of tangeneyl THENCE cont;nutng with said southwest r;gnt-of•woy time of Interstate tdghwCy 3SE,SOUtn SO degrees 20 mtnutss 00 seconds East for o OT$fOnC4 of 89.69 fast to the PO;NT OF OCCINNINO Ono confa;ning 239,174 soucee feet or 5.4901 aeros of land noes Or lass. t L 24. I Y~aMV aw wu .\I/ YY •wYl W•>A t"~.~ •r~W r4 I•r 1 Y. 1rl } W ly MYO.YM R. / ~ \ ~ • Iw r aw w Yt r rf W Y.'1 7 My~10MYr FM V. ` • yla qr pr .1•N W / W/W Yw rl r V. / tin 100, r•Yr ..n Yrl rU Krr~ Iti, m. Yr Yrr •ar ••rrrrr • ww• L I Hal w. IrM.Y.. . . Y•.1 YI/ . .r% / \ N M ~ jy > MEN :L IRA." /0 0, 190 •'ri ~ 'M r lr air/ .~~'i,•/'• \C~, ~f \ ~ M"' / ~i~/~'./e- . r~l MAU t '+•fi//`f•. yam.'. Y r i i D[ D f. = WWL 1'Sil•~MA V w ww~ur V, r' Ir M lr~.. llr r h rN w' wu%wl. Ilp ,.r.ar r.lro rrl•.1.g1Ir ty,..,rrnr.ru+r hr •r .hvi rr.r w.wrw~.•rrwhu r rr \~.~r, r.r hu.L `~l .wr~swu. F r.r~oi ..h.rw..+w rh.r ~...rw.+I r ,l/// ~a•. A36 MAY I~.IM wrrlrW M~rr ~ ~ r r •ry.MrrMl ` 1' Irwor TV, -w- ISM. ass.. ~xu" aa rr~r /r ,nub[ \ ',n,, cJ 4 ' h• 'y..1.-toll° / 1 fl Irv r'`.. ,,1 .r .~•J ~~7 NiD'JWE KM JEW ty. } } 1 ~ } ~ 1 ter / ~ d Aaocota i ATTACHMENT 5 Page 127 I hearing end consider recommending approval to City - 1 7be enactment of the sign controls and 2 Council the unending of a detailed plan for SA918 acres 2 subsequent revisions as shown on the Sign Ordinance 3 commonly known as 4984 South 1-35B in Planned 3 chronology sheet has continued to further restrict the 4 Development 12 rasing district. The property is kgalty 4 placement of signs, the number of signs, and the size of s described as W 1, Block A, Denton Littcoln-Mefcury 3 signs. Back In 1985, there was a major revision to our 6 Addition. ft is located on the south side of 1-35 Past, S ordinance. it allowed a maximum beight or 60 feet, a 7 north of Post Oak Road. The proposal is to increase the 7 maximum size of 672 square fat, number of Figns allowed 8 number of signs along the 1.3S East frontage road from 8 was one per 100 linear rat along a street and the 9 one to four. 9 separation between signs, then was now, 10 lire public hearing is open and Mr. Reed is 10 But in 1989, through observation of four I I going to provide us with de start report and 11 yam of development, the City enacted a more i 2 recommendation Mr Rued 12 mstrictive Sign ordinance, which is what we have berom t3 M0. aeeo thank you, Chairman Engclbrecht. 13 us tonight. Them have been minor amendments that don't 14 The case before you tonight Involves amending the 14 affect the issues that we're considrting tonight. The 13 detailed pion which P & Z previously recommended 15 1989 amendment W our Sign Ordinance trade signs smaller, 16 approval of and city council approved on Doambcr 16th, l6 shorter, and not as close to the street as the 1985 a 1997. At that time the detailed plan denoted one sign 17 Ordinance. Jig two similar cases that the Sign Board of 18 and that sign was in conformance the size, the number 18 Appals has heard and staff would like to make you swam 19 and so forth was in conformance with our Sign 19 of so that we can relate what is being asked for tonight 20 Ordinance. So at that time signs were not even an Issue 20 with how we've handled similar requests In straight 21 of course, all of you remember that tray were an 21 toning districts, but through the saes, the Sign Board of 22 issue because Bill Utter Ford had recently clear-cut his 21 Appals. 23 property and this development here actually triggered 23 Jim McNatt at 2230 West University requested 24 the citizen activity with Improving our Landscape Coda 24 a variance for two signs on the property with less than 25 However, tonight the request by the is 800 fat of frontage. A second part of his vaiance WAS Page 126 Page 128 1 applicant is the main Issue and the only issue. lh6 1 a 10-foot increase on two ground signs. The third part 2 applicant is rcKticsting that he have four signs along 2 was an increase of one ground sign to I I I square fret. 3 the frontage or a property with 400 foci, that:, total 3 And a fourth was an increase of one ground Sign to 97 4 effective area of 332 square fat be allowed. And so 4 square fat. And the requirement of the Code is 5 staff would like to do an analysis of this comparing it s provided for you on that fret page in the next column, 6 to what our Sign Ordinance allows. And please allow me 6 The recommendation at that time by Staff to 7 to expand on my approach here 1 handed out Just new 7 the snA WAS approval or the two signs on one stmt and 8 two additional documents, which I Just gave the 8 the denial of the remaining height and size request. 9 applicant as well. The fuse is a coc-page memo, which 9 And the actual conditions added to the approval located 10 summarizes the history of our Sign Ordinance in the 10 in the far right column illustrate that no ground signs I I City. The second is all of the var',snccs which the Sign 2I were allowed on Bonnie Brae, but allover the sips t be 12 Board of Appeals has beard In the 190s, two of which am 12 located on University, in effect, saying y 13 highlighted. 'ncc rril one on the bottom of the fist 13 have two signs on yu r property, we'll allow you to 14 page and the second one highlighted, I believe, was on 14 place them on one stmt, but you can't have another 15 the second to the last page. Those an highlighted is over on the other street, 16 because they are similar in their nature in that they 16 And the minimum separation was Incm&W 17 were automotive dealerships requesting sign variances, i r from the rninimum of 60 fat W 7S feet, oohs W the Is 1n 1969 we enacted our first Sign Ordinance II Bill Utter Toyota can located at 1610 Wed University, 19 and I think staff should make clear, you know, why do we 19 this is the second to Ian page, very bottom of the k , 20 have sign regulations and it's the community's desire to 20 char. The request was for a height of sign on Comeli ' 21 control some of its aesthetic appearance. And In 1969, 21 to 15 fat where a maximum of six feet was allowed. The 22 the City enacted a Sign Cr&.-iance to atop excessive 22 recommendation was with approval with conditions. And 1 23 uncontrolled and unlimited stgnage that was degrading 23 the eordidon was that the sign be act further back from SIP 24 the aesthetic appearance of our community which we have 224 UnIversity. S closes to the dress, essence, taller have a f vtrtha awls from 23 the ability to do. The Reporting Professionals (944) 484 6053 Page 125 • Page 12 27, I Condeaaelt`v' Page 129 Page 131 1 the sueet is not as Impactful as a taller sign close to 1 rather than the landscape plan. Sign D roared to as 2 the street. 2 Sign D right here at the end of the Parking area for the 3 So with that history and chronology of our 3 sates of can. 4 Sign Ordinance, ) will proceed with the request we have 4 MR. ENOELBRECR7: hyd~at you. ~ Reed 5 before us. The detail plan on the document camera here s take that red pen You ve got just Those 6 show, the original detail plan approved back in late 6 four to that for the cameras purpose. 7 1997. 'S'ts sign on the detail plan was located in the 7 NIA REED ;Complies.) 8 median r n the driveway located hero on the detail plan. 8 MR. EKGELBRWHT: Y.tank you. 9 I'm se sy, it's rather difficult to actually see that on 9 M0. REED, Do have I telia'me 10 tlm overhead camera. I'm simply providing this because Io first sip bee corresponca with sip A. ThpA 11 it shows all the trees that the applicant agreed to I I is requesting and I'd like to clarify at this time, ■ l i save, a substantial number or 22 large Live Oak trees, 12 sign for each franchise. It's our understanding through 13 and, again, the sign located here. I ) my conversation with him, that each franchise agreement i 4 The sign detail - with that detail plan is 14 requires a separate sign to you can'i have Like you do 15 as shown on the shat here, which was attached to that Ill at a retail shopping center a cluster of brands on one 16 Ordinance and was for it Lincoln-Mercury sign with a t I sign. That is the nature or the basis for his request. 17 maximum height of 31 feet, 8 inches. Do not confuse 17 The first sign here is 23 feet located on the most is this with a pole sign a a ground sign. That's actually is northern part of the property along 05. 19 the sign above the front door. In January, just last 19 The second sign Is actually a monument sign 20 month of this year, staff approved a mina amendment of 20 because It Is wholly signed from the ground to the top 21 a detail plan And or course, staff has the .uthority 21 of the sign. It's 16 reel and would be bated in the 22 to make minor amendments which do not change the 22 median The sign C is the one that has been approved, 23 characteristic of the PD and 1 certainly hope P & Z 2? but is lightly taller now than its original request or 24 agrees with Mark Donaldson and myself that this did not 24 31 or 32 fat and is 40 fat. And the last sign here 25 the applicant requested to simply move the location 25 would be a 19-foot sign located over here, The Page 130 Page 132 I of the sign from the median move It from them east I applicant, his sign contractor and his engineer the 2 to a landscaped area over bete. Also, they wanted to 2 sign contractor and engineer met with w It DRC, us 3 reconfigure the back Portion or the lot which was on the 3 being staff, just test week to discuss this proposal, 4 original detail plan, shnply referred to as Phase IL 4 In going into DRC, wC said please present us with your s They're actually moving forward to do that, And they S proposal for these four signs and we will set what we 6 also by reconfiguring needed to swap an existing tree 6 can work out with you. 7 i.a another existing tree to maintain that 22 trees that 7 R'ith this request before DRC for the first s thc; w- -c required to do. 8 and only time and for the first time for staff to 9 1be tree that they swapped was this one over 9 actually set the total height, placement and square 10 here for one of the trees that was clustered with some 10 footage of es ;h sign, staff indicated that we couldn't 11 others that were being saved I I support this proposal, but that we would be agreeable to 12 That moves us to tonight. Tote applicant at 12 seeing a more restrictive proposal put before us. Staff 13 that time back In January, also, made it known that they 13 discussed clustering the signs together 1201" than 14 would like to increase the number of signs. Starr made 14 Spreading them ou4 which one of the rasr'.os our Sign 15 it clear that we could make the minor amendments which I i5 Ordinance is one sign per 500 fut is to reduce the 16 just covered, but could not approve the increase In 16 number of signs that aueaastvety are am along the I7 signs. And that's why we're here before you tonight. 17 road, So we thought we could work Something out if they I I The location of the signs are shown on the detail plan II went that direction and possibly waked on the total , 19 The first one would be located to the, what I'll refer l i square footage of the sign sees. r , t 20 to as the northwest caner or northwest side of the 20 11te following day, though, staff was Of l f'" N I I median here. 21 later that day staff was nodried that they wanted to 22 Another sign would be located in the median, 22 proceed with this plan So 1 think at this p tat I've 23 The one that we just rcrem d to on the mina amendment 23 said a'eryt}tlng that I deed to, but I'd like to by the 24 detail plan and a fourth located a little rurlher 24 purpose of our sign regulations has been dcmatstnled AS 25 southeast 1 was actually looking at the dealt plan 25 being upheld through the ssA Is to crate a flexible but The Reporting Professionals (940} 494-6053 Page 129 - Page 13 28. Condenselt"` Page 113 Page 135 1 balanced and fair system The City has upheld diet 1 could actually work. The reason 1 don`t feel a 2 system. They promote business by giving them 2 comfortable saying anything Is because the applicant 3 opportunity to be identified, to advertise and to 3 said anything less is not acceptable 4 communicate. The current sign regulations reflect our 4 Ms. GWRDtE: Okay. S community standard for sign belght, arcs, number and 3 MR POwELu Mr. Chairman. 6 location. As you saw, In 1989 we made it mote 6 MR ENGELBRECHT: Yes. 7 restrictive than we had based upon our experience. And 7 MR Powew Piro going to have to stand up 8 all of you are aware that lama Wood Autoplex is just 8 here awhile. TVs meaning no disrespect to anyone here. 9 down the road. 9 1've just got to stand up and walk.' 10 Their permits were issued in 1987 between 10 MA ENGELB FLECK: You'Ve done Lhat In the I1 the Ordinance which was put it place In 1985, which I I past acid we understand Anyone else have questions for 12 allowed o sign every 1 o0 fat, a maximum size or 673 12 Mr. Reed at this time? 7tank you, sh. Is the t 13 feet and a maximum height of 60 feet, and they complied 13 Petitionx or Petitioner's rep,esentative present? Yes, 14 on all fronts with that current regulation. And with 14 sir. If you would please give us you name and business 15 that, I'll answx any questions that you may have, i I address for the record 16 MR. ENGELBRECHT: Before we go to questions, A MR smrr": Yca, air. My name Is Edward - 17 did you provide us with a staff taomtneridation itself? 17 Smith, 1400 Dallas Drive, Denton, Texas. And, first of 18 MR. REED: No. IS all, I'd probably like to take a if you would indulge 19 Ma ENGELBAECHTr would you do that, please? 19 me for just a couple of seconds, I'd like to tell you 20 MIL REED,. staff recommends denW of 20 how we got to this point. When con first started we were 11 Z-99-007 finding that it Is inconsistent with the Urban 11 going to just use this facil'ry as a Lincoln-Mercury 22 Design Policies of the 1998 Denton Plan. And, two, the 22 facility. But In the process of complying, attempting 23 request exceeds the restrictions of Chapter 33, the Sign 33 to comply with the Tree Ordinance and the development 24 Ordinanoc of the Code of Ordinances. 24 process or the land, we Incurred probably en extra 25 MA ENGELBRECHT: All righL 7bankyou 15 S500,00000 In expm e. Page 134 Page 136 1 Yes. Mr. Powell, you have questions? I so at that particular time, Ford Land Is the 2 MR. POWELU Mr. Reed, cutting to the chase 2 developer for me. And Ford Land, in the end, there's a 3 here, if 1 understand what you sold correctly, we're 3 loan that takes plats between me and Ford Motor Credit 4 going from one sign to four signs? 4 to pumbase this lend that Ford Land develops and 2 have 5 MR. REED. That is correct. S to sign my commitft%t up front Ford Credit did not 6 MR. POWE' t And the one slgn is asking to 6 feel comforabla with the amount of cost that was 7 be higher, correct? 7 Incurred after we went through the landscape process. I MR. REED: From what 1 we on the plan, yes. I So at this particular time, I started 9 MR. POWELL: Yes. And what about the tots) 9 attempting to acquire another franchise ri.d to continue to square footage of the four signs with relation to the to to keep the frenchlse that I W Plus,1 had to, I I one 61gn, just roughly? 11 because of that, we had to develop Phase It, which was 12 MR. REED. Well, they're going from the one I2 not even in our Initial procesr. So we've tried I've 13 sign, which Is roughly 144 square feet to 357 square I1 tried very, very hard to be sowmmodating as much as 14 feet of face area, sign uta. 14 possible, as we possibly could with the Tree Ordinam is MR POWELL: Thank you. is in the City of Denton and I think we've done a good job 16 MR. F hm And page 3,1 hope makes that 16 with that. 17 clear to all of yca, 17 We've Spent our eonSOWien 18 MR. ENOELBRtCHT: Are there other questions 18 Superintendent has spent enormous amounts of time and , 19 for Mr. Reed? Yes, Ms. dourdie. 19 monies In some areas to make the property look much 20 MS. GOURDIE: What would be considered an 20 better because or the natural Stones that he's plaed 21 acceptable sign rituation? it around some of the trees. And we try to do a good job. 22 MR. REEr: i ckin't feel comfortable 22 These are all natural storm, He's rally done a very 23 recommending oite. Twofold. First, We'd have to see 23 good job of building those retaining walls. MY're 24 ore. Second of all, %he applicant would have to Show 14 very attractive. And we weren't asked to do that. We 23 not just a willingness, but that he find a way that this 11 could have just done that to concrete, but we did. And The Reporting Professionals (940) 484-6053 Page 133 • Page 13 29. 1 Condenscilm Page 137 Page 139 I we're proud of that 1 big of problem because I really wasn't requesting any w 2 And, now, vve get to where we are where this 2 more signs than I ct rrently have at the facility that 3 Sign Ordinance coma up. first of all, at our current 3 I'm at on Dallas Dri M. 4 facility we have more we have three signs that are 4 Thcy may be it little taller but the reason S within suo feet, a used car sign, a brand sign and an s they're a little taller is because the facility I$ on an 6 isuzu sign. 1 don't think It's fait for staff to 6 incline. And that one sign, if it's on 21 feet, nobody 1 compare a freeway location with a street with a 7 will probably be able to see it anyway, the one that's s commercial street location when it coma to slgnage. s on the left, the Isuzu sign, because it's such an 9 Both of the examples that 'e gave you were for Jim 9 incline going down there by the pond. And as far as the to McNatt, which Is on Uo'.+ersity, and when Mr. McNa.. to frontage, the pond, it's not going to be a cluster of I I moved down on University to Mr. Udder's building. 1 I I signs right there together because the pond is next to ii don't think that's fair to make that comparison. 12 us and I doubt that property will ever be developed. 13 And how we got here Is because and I'm 11 The one sign that went into the monument 14 trying to be as gentlemanly about this as possible, but 14 area, that particular sign in question is a new concept is I will tell you the truth Is that we went, Jane from the is in doing service business in car dealerships. That eign i6 sign company, Mike from the construction Company, vn'r 16 as I mentioned before in our first meeting was 04"at 1 17 down to moct with Mr, Recd, the City Planner. Mr. ROA 17 could do widkout that sign. But there needs b: be is recommended a sign plan to us that he thought would be is something in that area where the monument signs were 19 acceptable by the Board. And then we hired Mr. Chalet 19 supposed to be, because I don't need that sign to 20 Thompson, who he recommended, to do the drawing for that 20 operate the franchises. That's a service to customers tl P that Mr. Reed rccarmendcd. 21 that I have to pay for. auricular sign plan the 22 We have never changed the sire of that 22 Bus, these other signs, if 1 cant get a 23 Lincoln-Mercury sign, only the location from and how 23 variance on that, that would cause me a great deal of 24 that came about is on the original plan, there was an 24 financial hardship because I can't make this piece of 23 entrance and an exit, and then we had to turn around and 25 property work and be able to pay the rent without the Page 138 Page 140 1 just make it just the entrance and the exit together I addition of the Isuzu and the Mazda franchise. They are 2 with an island in the middle and that huge sign Well, 3 very, very Important to me. And 1 think that I've given 3 when we noticed that, then that's when we requested to 3 and given and given and been very, very accommodating 1 4 move it over to a more stable arcs, 4 with any type or Architectural ruling thus for. And s But Mr. Rood said to me, Ms. St, Romain and s that's why I'm here to request a variance of these 6 Mike Davis that E4 was a plan that he could support. 6 signs, 7 Tnen when they went down because eve been having 7 the picture has been made like we I don't 3 this little cruddy problem ° so wben they went down to s know how each of you 1 do business and I make 9 the meeting and Mr. Reed didn't support them, they carne 9 decisions and it irritates me when someone makes a 10 back and they were dumbfounded and they' were shocked, to decision and tells me something and then doesn't support 1 I And that's w hen I made the decision about City staff i i me. And if that wasn't and especially if I do what 12 that I felt a se tee of inconsideration because every 12 they ask me to do. And that's how we got to this point. 13 time the sign IL dy, the construction superintendent or 1 I3 So it wasn't that I did not want to work with the City 14 hate w,ra'r~y make up irawings, it cost money, money, 14 Planner, because if that were the case, I wouldn't have 15 money. They don't work 1.•, anything just like is been there in the first plea, If that were the case, I 16 they're here tonight, It's because it cvstu money is wouldn't have hired Charles Thompson to do the drawings. 17 And I asked was there an alternative that we 17 But I was very, very disappointed that day IS could do? Did they give you an option? there Cow no is because, you know, I am getting closer and closer to , 19 options given. At th,r Oarticular time, we needed to 19 this time, to open the facility. And when lane called 1.+, 20 wait another two and a heif weeks of another two woks 20 me, I said, wtli, we just have to to to the P do Z 21 and come up with some Nng, Well, time is running out 21 because I can't believe that this happened. 1 just ` 22 for me One of the franchise requirements with the 22 can't believe it And that's why I'm here. 23 automotive frew,hisrrs Is that you have a brand sign. 23 Mat ENGEMEM: All right, COmunlssl00er% 24 And we can't open and we are scheduled to open on the 24 do you base questions for W. Smith? Ms. Oourdie. 23 rust of April. And I didn't think that this was that 25 bls. OGURDIE: Mr. Smith, I'm curious, YOU The Reporting Profcsslonals Q40) 484-6053 30 PAS U 137 • Page It i Condeaselt"A Page 141 Page 143 i said that Sign B, which would be your monument sip is a 1 to take my ability to provide that service away from me 2 total of 8s square foot, and yet your I%= and your 2 if I don't have that sign. 3 other I'm sorry, what w..s the oth" Mazda, l 3 Ms WURDIE Also, in your franchise 4 apologize for that they are only approximately 64 4 requ'uements, Is them a certain do they require a s square feel and 59 square fat in total square feet- s certain size sign? 6 I'm just kind.of curious why they're smaller dun tie 6 Ant SMITH: on Interstate Locations? 7 one that you really don't feel is aces aryf 7 MS. ooueDm-, Yes, sir. 8 Mlt sMrTH: well, they fit up on poles. Aad a MR. SMITH: Yea And on inner - they ask 9 this sign just fits directly Into the ground. 9 for a ttMin they have a minimum and a maximum. And 10 Ms. ooURDlr~ Moaumertt, right, 10 1'd also like to say this. My signs are smaller than It MR. SMITH: Right. And it's about six fat l I Mr. Huffines' signs. My signs are smaller than Mi. 12 high, l believe. l1 Udder's signs. And my Signs are cc tatnty Vnalter than I) MS. Gomm And It says 16 by 9. 13 W. Woods' Signs. And Mr. Reed brought this Up that Mr, 14 MR SMITIL well, 16 feet, 9 Inches N ft 14 Woods just bought the dealership about three years ago, is it bolts Into the ground and it just comes up and that's 13 and he had to do new signage because the signage T''at 16 why that sign It much largo area-wise. 16 was there If you remember he had Mazda, Jeep, Eagle 17 M& OMOTE: l)kay, Because I'm trying to 11 and several other franchises and he merle it all into ■ 18 figure out how can we make these Some of these you is Otrteral Motors Cadillac Store, so be had to redo his 19 know, since you coy that's strictly a customer service 19 signage. And that has been since 1989. 20 thing. 20 Ms.ODUMS: Okay. Thardt M Mr. Smith. 21 MR. SMITH: Right. And you have to 21 MR. ENOEtar mm. Other questions? 22 understand 1 didn't design that sign, What that sign is 22 M . tusHEU W. Smith, I appreclate the 2) ^ that sign is part of it kit, that if you're going to 2) fact that one of the things that distinguishes your 24 provide this service to the customers, this sign is a 24 project from the Bill Udder project is that you're in 25 part of the kit. But it's not necessary foe me to have 2s the City limits. I know you as a good businessman in Page 142 Page 144 l '1 to provide the service to the customer. I our community and I consider u a friend of mine. And 2 MS. CO=IE: Let me ask you this. Does it 2 1 also consider W. Reed a friend of ours. We hear lots 3 have to be placed on the frontage road? Can It be ) of eamrnenu about our staff and what a wonderful job 4 placed once they enter your facility? 4 they have done time and tune again to try to work with 3 MR. SMnH: oh, yes. 'hue's other signs S people and try to bring the very best plan we can In 6 that come along with that package that fit on the wall 6 front of us. So )'d like to find out, you know, where 7 of the facility. 7 the where we got off track with this situation, 8 SIS OOURDIE: Well, I'm Just trying to 8 because 1 know our staff time and time again does it 9 figure a way to get that off the frontage road so that 9 quality job In trying to work with everyone that comes to there will be less 10 before them, So I'm very disappointed that we've had I I MR. SMITH: H was more directional, It's I I any misunderstanding oo this If you were to acquire 12 more directional. a another franchise, would that wean you'd have to acquire t) Ms. oouaDlEt okay. Because if we could get 13 anotier sign out there? 14 the amount of percentage of sign space lessened, it 14 Slit SMITH: At this particular location I s would l e less of a detrlmmt or deolal use. So that's is because every franchise requires a certain amount of 16 why Pm just trying to figure It out, I6 square footage. 'that's wby l had to go to Phase it of 17 MR. SMITH: well, that would be an option. 17 the development and get that area developed at the same i s 1 would be willing to forego that sign because 1 don't is tine because do don't just require a sign, you have to 19 need that sign to provide the service. But the brand 111, have a 0"111 Smount of square footage. 4, , r, signs, I need those signs to be able to operate. 20 MR. IUSHELr Yes, sit, t r 21 at9. OXRDt E; To support your company. 21 MR Ssum And ao we don't have any more 72 Mts. sMnH: rm willing to do that. But 22 square rootage. 23 when lane came back from the mating, I Said, you know, 2) MR. wsnu you're talking about square 24 if that sign meant to much, I'm willing to forego that 14 footage for property to Show cars, to » are you talking 1 25 sign, because I don't need shot sign. That's not going 25 about the square footage of elgrtage that would be - The Reporting Profealonals (940) 484-6053 31 ~ Page 141 -Page V M Condertselt14 j Page 145 Page 147 t MIL SMITH: No. Square footage to display l And a just wanted you to understand, f don't 2 vehi Its and adequately service vehicles. a think anybody Is picking on you when they drafted that 3 MR atSHEG Okay. 3 Ordinance. They didn't even have your company In mind. 4 MR SMITH: And with the franchises we have, 4 That's just the nature of the animal as the Ordinance $ we're out of square footage. We're done. 5 exisu today, Now, that has norhtng to do with staff's 6 MR. IUSHEL: okay. 6 interaction with you. 1 just wanted to be acre you questions for W. 7 understood that there's no way that we ten unring that 1 MR ENGELBRECHT' Other s Sr.,&? When I first read thl% I was under the 6 veil because the Ordinance has been changed since your 9 impre ision that you were stating or had indicated that 9 existing dealership went in. 10 you couldn't get the franchlsts without the signs. Eut 10 MR. SMITH: And 1 do understand that, And I I1 as I ur dtrstand, most franchise agreements and I'm not l I understood that from the lighting &Mpoint. I 12 sure about automobiles is that generally they have a 13 understood that from the fA standpoint, But what I'm 13 clause in there that says that particularly with 13 saying here, l don't undereand right now from the A regard m s 'page and facade, for lack of another word, 14 rinan lal hardship standpoint because, you know, when 15 require Tents and those sorts orthinva, If that you 15 the M system and the lighting problem Came out, ws 16 can't ga beyond what's required by City, County, State, 16 willfully addressed those issues. And I had no 1 roblem 17 Feder6l regulations? l7 with doing that. But 1 think when it comes to the point I a MR SMnEi Right. is of whether a person Is We to tarn a living or not, I 19 MR. ENGELBRECHT: So they could not preclude 19 think it's a little bit different, because, now. it's 20 you from having a franchise if you were meeting the Sign 20 gottm down you know, I have a family to feed, too. 21 Ordinan)e of our City, as 1 understand generally. And 1 21 So I probably take a lot of things a little bit more 22 don't kn aw for sure about can. 22 personal right now because I've had to spend this extra 23 s1R. SMITH: well, what it says is that in 2) half million dollar. Idiot's number one, and then 1 had 24 the frant:Wse agreement what it says is that you agree 24 iojoify it to the lender, that's number two. And now 23 to provid; them facial spate on the building and one 2s It sa ms as though that's in jeopardy, so I probably do Page 146 Page 148 I brand sign on a pole. If you can't provide that, then 1 take that a little bit personal and I spologim for 2 you don't qualify for the franchise. Because you 2 that, but 1 can't help that. ) haven't provided to them and they have you sign an 3 MR ENGELBRECHT: okay. Thank you, Mr. 4 agreement as such. 4 Smith We appreciate it. Is there anyone present who 5 MR ENOELBRECHTo Right. Right, Okay. S would like to speak in favor of this petition? Yes, 5 MR. SAUTH I've got an exemption from Mazda 6 ma'am. If you would give us your narne aid address for 7 so far j use because they know the feel that we're 7 the record, pleas, g moving, ! MS St'. ROMAN. n's fare SL Remain. And 9 MR. I NOELI)FUCHT: Yeah, for now, from your 9 address? 10 current location, sure, I understand. I understand, to MR tNGELBRECHT: well,busineas address I'm I I Other questions for Mr. Smith? I I assuming in *'a caw. 12 MR. P(rw'ELL' I've got some of staff, but 12 Ms. S,. ROMAN: 1520 East 1.30, Rockwall. 13 none of Mr, Smith. 11 %%list I want to show you is I don't know if this means 14 AIR. EN,ELBRECIM Okay. I think W. Bueek 14 anything or not. We understand the Ordinance and we is would like to i ntedecl something. is wouldn't be here If we didn't. What we're trying to do t 6 All.. PUL EK! 1 just wanted Mr. Smith to 16 is vs y or get Moro than the Ordinance allows. So we 17 understand. I know these are very difficult issues wo 17 of cc use, we understand the Ordinance. This is what le are discussing he te, but 1 was Involved in the very two is Maria often in the way of signage. Can you soe that r 19 last redrefu of the Sign Ordinance. And the real 19 We to outlined? This is the smallest sign that they ~ 20 problem that is diffkvll to swallow In your case Is 20 offer and that's the one that we are proposing, So we 21 that your present dealership, your location, those signs 21 could have asked foe more and, In Act, w: did Initially 22 are it v,gal today, th:y are nonconforming use, They 22 propose the larger sign and after a visit with Mr. Recd, 23 went in so they were lawful when they went in, but 23 we decided we'd better go with the smaller sign becaum 24 today if you were locating right now where you are, you 24 we wanted to do anything we could to make it look better 25 couldn't put those sig ts. 2s for you folks. The Reposing Professionals Q40) 484-605'1 32, Page 145 • Page It Condonscltr" Page 149 Page 1 5 I MR Rtsmm-, Excuse me. Is that Sign A. S. 1 Romaln and his contractor and we did talk about the A 2 C or D on our site plan? 2 signs. we first talked about a minor amendment and we ) MS- ST, ROMAN: it's A. J tpalked about four signs. In that conversation Ms. St. 4 MR RISHEU Thank YOU, 4 l~DRlain Wia Slle Blain person In the conversation with me, S Ms. 5T. ROMAN: Md these are the Isuzu S Mr. Smith, being m businessman, I thought, wait listening {I 6 signs that am offered. Initially, we wanted the larger 6 to his subamtractot discuss the sign details with cc 7 one And under that you will see that It says primary 7 1 maze. it very clear that we could approve a minor e sign. Secondary sign Is something that would go on, for 6 amendment to the detail plan because it clearly was 9 instance, a side t4itrana. And we have chosen to use 9 acceptable. 1 did this. Mark Donaldson signed off on 10 the secondary sign for our primary sign thus, lowering 10 it on the 27th or January and they found that I l the height, lowering the square footage, I I acceptable. I I MIL R1sHEL. Ms. SL Ranain, the displays 12 1 also told them that we would I would 13 you've shown us here is what you're telli,tg us are 1) definitely work with them to get the dgnage that they 14 minimum atanda.-ds or typical standards for what Mazda 14 way tad. Ilowever, at that meeting, Ism St. Romaln did II and Isuzu would allow for a dealer to typically have? IS n~. p ovi& any d awtngs, any total height total square 16 1,13 ST. ROMAN:: That Is correct. Do you 16 footage, and 1 would be happy for her to com►, up and 17 understand that monument sign, why the square footage Is 17 discuss in her own way what she said. But what sticks is larger, it's sign all the way from the top 10 the 18 in my mind is what she continued to say to me is.1 19 ground. I didn't know if that was clear, Anyway, 19 can't provide you with any details now because the sign 20 that's my Input. 20 fabricators of some business could not give them to her 21 MR. ENOtt6RECHT; I have a question for you 21 because they were either working on it or something. 22 with regard to that. I must assume that those are 22 I did not approve any details or bright of 23 suggestions by Isuzu and Mazda not a requirement because 2) signs at size or signs. We talked about four signs, we 24 there ate cities that won't allow a sign over ten feet 24 talked about the signs that they wanted. I definitely 25 high, which and 1 know that they have Isuzu and Mazda 23 said we'd work with them. I discussed the history of _ Page 130 Page 1! I dealers in those cities, so I'm sort of lost here to I this case, having known it, and said that Mr. Smith and 2 undcntand what you're telling me with this sign. 2 I want to point him out, is a very good neighbor in our { 3 Ms. ST. ROMAN; What I'm telling you is ) City and to have sat In that muting and simply said 4 that the automobile companies strike deals with sign 4 because you're requesting mor, signs than Is alloAtc! by 3 companies to manufacture these in a cookie cutter style s the Ordinance, I think, would have been In miderate of 6 They'll have plan A, Han B, P' C and you pick the 6 me. So 1 told him I would definitely Work • 'th him. 7 sign you want for your dcalersh 'f yens stray from 7 And I outlined a schedule for them to submit drawings so 8 the norm, it will cost more money ause they have to 8 that we Could have adequate time to review this, I ma& 9 fabricate a sign custom, 9 it clear that wt needed to go to DRC because this would 10 MR. ENGELBRECHT; Okay. 10 be approved by DRC and then go to P & Z. I I Ms, ST. ROMAK That's air t saying. So I I 1 told them we hooded the plans to be 12 these are the canned sigiu. These r be ones that are 12 submitted by the 171h of January to that it could go to I S readily availzbte, 13 DRC on the 24th, which would give US iwo DRC's 10 review 14 SIR, ENGELnRECH r Okay. I understand that. 14 this before we got bare tonlgbt. We didn't ace plans is Any other questions? T bank you very much. I appreciate Is until last week excuse me the wroek before, the 4th 16 it. is there anyone else present to speak In favor of 16 of February, which is our deadline submittal, which is a 17 thls petition? Anyone else present to speak In favor of 17 Wednesday. And we went to CRC Last week on the 10th is the petition? In that case, is dicre anyone present to 18 excuse me --1'm wrangThey submitted the plans on the r , 19 speak In opposition to the petition? Anyone present to 19 24th of January and we looked at them for the first time l.. 20 speak In opposition to the petition? Suing no 20 on February the 4th, And In DRC we did not ay, we do I r t 21 opposition, we waive rebuttal, The public hearing is 21 not wr-,t to allow you to do this. We mid we want to 22 closed. And hit, flood, do you have any final staff 22 work with you. As I illustrated earlier, we said 23 remarks? I assume YOU might. 23 certain things, cluster them together, look at the total 24 SIR. REED. 1 think I should. Mr. Smith is 24 size, the total bright and come back to us with a 25 right In that we met. We being Mr. Smith and Jim St. 23 revision. We definitely showed a Willingness. • Page The Reporting Professionals (940) 494-6053 Page 149 33. f Condenscitt" _ Page 153 Page i53 I So 1'd like to apologize to h;r. Smith if 1 l than monument sign is 85 square fool 2 mislead him because that was not my intention. And we 2 MA REED: We had 352 so that reduces us to 3 definitely try to work with people, especially good 3 367 --,,v 267, so we're looking at 17 square fat above 4 business people and leoden in our community. And 4 and that's close enough for S that's what was I was trying to do. So I've apologize 1 MR. RISHELt And how about the height of the 6 for any misleading information that 1 might have given 6 sign that we have at 30 at 40 foot? It sounds like 7 him at that mooting. t he's trying to clear the tins there and planning for 6 MA DONAt.DS0t4: waym, do you have the file 6 future growth, is the 40 foot within our normal I 9 with you that has the DRC COMMC[Ita? 9 JIM. REED Yes. 40 foot is the maximum 10 MR. REED Yes. to height. I I silL DDNALDSDN: t think I cen paraphrase the I I MA RISHELt Okay. So how do we work with 12 last statement that I wrote on there, 1 sit as chair of 12 and law shout the spacing of those signs? It looks 11 the DRC and keep rotes of the mating as we go along. 13 INC we have now three signs within 200 and something 14 And my last statement was we could support we would 14 foot, or is that 15 like to see something that was smaller, shorter, and is MR REED. Each sign IS roughly 60 feet 16 clustered together. And that was literally how we left 16 apart M provided on the sign detail. That Is the I7 it, that we'd like to we them come back with sometldng, t7 trdnimum required distance between signs 90 that if a 16 some alternative to what they had presented to us at is property has morn than 300 feet they don't put them 19 this first mooting. t9 close together. 20 MR. REED. t don't take Offense to the 20 MR RISHEL: YCS, Sir. 21 comment Mr, Sinkh sal& 1 know he speaks honestly. So 21 MR. REED: However, at DRC, we Indicated 22 1 certainly hope the Commission also takes my words with 22 that in this instance with the number of signs that they 23 as much sincerity when 1 say that I definitely was 23 were proposing that clustering them might eetually be t 24 trying to work with him. And I'm sorty if 1 mislead him 24 better alternative Bunn spacing them out to where you 1 25 in any way, but I don't think that what I said %*a I 23 have four signs, or really thin pole signs hitting l ou Page 154 Pago 13t I would approve the first thing that I saw. 1 definitely 2 along the Interstate. 2 said I would support them by working with them to get 2 MR RISHEU And you u,tderstaod what I 3 this through. But I don't see how I could approve 3 perceive as a franchisee situation when they want 1 4 something that i never saw a detail for, 4 individual signs? S I definitely told them what I wanted to we 3 MR REED. Right. Well,1 believe they 6 because I do this all the time, I said provide us a sign 6 could achieve that 7 detail shat, which on the detail plan you point out 7 M0. RISHEU Because of the height variance. s Sign A, B. C, D, A sign detail shat that gives us 6 MS. GOURDIE: ,dghL Just in the sum area, 9 height, total area and square footage for the sign. 1 9 but one would be higher. One would be In the - I would 10 definitely old him that. 1o visually just go :o that oce cluster versus dune, dun4 11 MR. RISHEU her. Reed, could you sutmnarize I1 dunt. 12 for me where wt; are not in compliance and how we could 12 MR RISHEU to there anything visual that t3 get there working with what sounds like would be a 13 would not allow that W. Smith Or MS. St. ROmaln? 14 compromise of three locations. It sounds like and if 14 MR sMtTH: 7be trees. The urea are the 15 I'm not ndstaken that Sign B might not be requited; is is problem in separating the signs. 16 that correct? Sign D7 So working with Sign A, C and D, 16 MR MISHEU And someday they're going to I T what do you am how do you see we might be able to 17 grow. I a compromise and still stay within out normal regulations Is MR shim Right. Tina are a problem when 1 19 that we like to support in P & Z of what represents our 19 separating the sign. Then you have an easement problem r r to sign ordinance? 20 because there's an electrical line' 21 MR. REED: we allow 250 square fat if you 21 MR RISHEU AS we look at Um three signs 22 remove excuse me one second. 22 then in three different locations, it sounds like we 23 MS. GC4JR M That signs 85 square feet. 23 have a difference or 17 foot here we are trying to work 24 Sign C is 144 square feet which takes up 24 with. So what do you W, I& Reed, that we might do to 123 MR RJSHEU it we had 300 and something and 31 work with 17 foot bete and still stay la compliance with The Reporting Profeulonals (940) 484-6053 Page 153 . Page is 34. i Condenseltr" Papa 157 Page 159 2 our existing ordinance and leave it in tact? I MR ENOELBRECHT: No. We 2 MR. REED. Could you clarify 17 feet to me? 2 MR. DAVIS: I can tell you where every tree 3 MA. POWELLt Square feet 3 is at. 4 MR. DONAnwlr. The difference between the 4 MR. ENOELBRECHT: Well we may want to ask S remaining three and the 250. S questions of any of you if that's all right with you 6 mil. BUCEK: I guess the question is, she 6 because we're just trying to get some information here 7 said two of those signs were set. Is the 144 square 1 with regard to where everything could, yes. No, l have 6 foot sign the one that's their main sign, monument? I no problem with this at all. 9 MR. RISHEL: No. That's the Lincoln-Mercury 9 Mr. Reed, if you would, please, just remind Io sign. The monument sign has ban done away with. to me spin, on this site, given its frontage on the it 'They've said they could live without that n interstate, say again what would be allowed, maximum 12 MR. BUCEK: well, she showed us Isuzu and 12 under our Sign Ordinsnee Now, this is A PD so we've I3 someone else. I3 got it different situation where we could do other 14 MR. DONALDSON: The other one is 14 things. I want to make sure I --1 want to review that 15 Lincoln-Mercury, Is --1 thought I knew, but 16 MR. RISHEL: But those were prototypes that 16 MR. DONALDSON: One sign, 40 fat tall, 250 I7 they do and they manufacture all of the time. 11 square feet. t6 MR. BUM: but, Salty, what I'm saying ° is MR. ENOELBRECHT; Okay. All right 19 MS. OANZER: Excuse ate, Excuse tne. 19 MA BUCEK: That was my reason for saying we 20 MR. SUCEK: the only sign you've got the 20 if we am going over 250 square fat for the three 21 ability to adjust is the 144 square foot then, right? 21 signs, we could have a real problem. We need to find 22 MIL POWELL: I doubt it. 22 out what sign we can adjust to get underneath that cap, 23 NiFt BUCEK: There's only one sign 23 MR. RI5HEL; And I think there's going to be 14 MR. RISHEL: I think they're all adjustable. 24 some flexibility there. 25 MR. BUCEK: ON they're all adjustable? I'm 25 MR. EP'OELBRECHTt Except that we have a PD Page 158 Page 160 1 sorry. I Crean, I thought you said two of them were. I here in which cam we do bane some opdoo in the sense 2 MR RISHEu t think those arc some options 2 that everything is designed In a PG. You approve 3 that the factory put forth to them, I think that 3 trsrything, and certainly we us., It would win to me, 4 there's other scenarios that might be appropriate, also. 4 at least, Mr. Bucek, that we use items for six d P~ H behind S W, just a matter of can we find something mid work 5 but that we do one of the purposes 6 with something and still get it timely. 6 to &How for madifieatioes, et cetera. 7 M0. ENGELBRECHT: Let ine, if 1 could, I'd 1 MIL a2SHEU We Would like to leave the Sign s like to ask one question s Ordinances In tact as possible, l WrAL 9 M1t "N7 F9: EXCOSe One. Can 1 fay something 9 Ma. aucm- well, see the problem that we're 10 right quick? I've tried to for a couple of minutes. 10 faced with is that if your Sign Ordinance says one sign I I Mx. ENGFt BRECHT: Okay. I'm sorry. 11 and you were to go about and have two signs In a PD, 12 MS. CANZ1. R: rd like to ask either bur. 12 that snakes some sense. But When you go from one to 13 Smith or Ms. St. Romain to cone back down here so son can 13 three signs, tart what yw're doing Ij you'll have 14 address these questions to them where we cra hear them. 14 people coning in and doing a to to get around the sign is MR. rNGELBRECHT Do the Commi Aiorars have 15 ordinance. So that's my cancan about the 230 square 16 any problem wit. that? A fat. But the thing we cxri't lose light of, 11 MR. POWE11i I think it's grew., 11 understand I& Smith's concern about financial hardship. II MR ENOELBRFCHT; the public hearing is Is But when you look at to Sign Ordinance, financial r 19 closed, but i stink that wei,i asking questions of 19 hardship to not a basis for it variance, So we've got to 20 staff, let's ask questions hers. We're trying to get 20 he certain that what we're doing you let ow, a sign to 21 information and they can provide the Information where 21 get to ISO square foot may be more expensive and that 22 the staff might not be able to. 22 sounds like a financial hardslhlp, but that may be 23 MR. DAVts.. too you need an expert witness" 23 something we don't have any choloe to. 24 MA ENOELORECHT: Pardon? 24 MR DONALDW: And lent just read to 25 Mx DAMS Do yea need an expert witness? 25 guidance that the Zming Code provides you for deviating the Rwrting Professionids (946) 464-6033 Page 157 - Page 16 35. I CoudeDxltr"r Page 161 Page 163 I from the regulations. This is under Section 35154 for 1 get pent siosa to cut the sign, the ground pole down ■ 2 Commission Approval of detailed plans. The fourth Item 2 little b:'. f 3 says that the these are findings that you're suppoW 1 MS. ST. ROMAK We can lower height, yes, 4 to make, that the plan Is In substantial compliance with 4 easily But that does riot fix the squarer footage 5 the landscape sign, subdivision or other regulations of 5 problem. 6 the City, or, if not, the plan often corresponding 6 MR. ENGELBRECHT: Well, first off, I'd like 7 benefits that merit deviations from those regulations. 7 to point out to Commissioners that, when you take out 8 So keep that last phrase in mind as you consider 8 the 85 square foot sign, we have 200 and whatever it was 9 deviating from the standard sign r ",!ations. 9 ° 69 square fat, which is seven percent over. Now, 10 MR. RISHEL: Could 1 ask yo., to road that 10 this is on a situ where we have, I forget huw many aces . again? i l with regard to 12 MR REED: it's actually provided on Page 2 12 MR. DONALDSOM Twenty-two existing and 50 13 or the package, the last paragraph before summary of 13 new. 14 Toning request leader. 14 MR. ENGELBRECHT: So 1 Just personally don't Is MR DONALDSOK Of if not, the plan offers IS see a problem with seven percent square footage over. 16 corresponding benefrs that merit deviation from those 16 Thu; was never the intent particularly PD's. The 17 regulations and parenthetically trees. IT Ides is to get around those kinds of issues when you've 1s MR. POWEL.Lr stick with us, Mr. Smith. 18 designed other tWtW into this PD. You have to work 19 We're not finished yet. 19 something oul afterwards. My question is - we11, We've 20 MR. ENGELBRECHT: Yes. Wier questions for 2a got three here. Now, we're dificring some considerable 21 Mr. Reed or Mr, Srnith7 21 rrom the one. 1 have it Maple questions. One is, is it 22 MS. OOURDIE: well, actually for Ms, St. 22 possible that these signs can be put one on top or 23 Romain. 23 underneath the other on the same pole? 24 Mt £NOELBRECHT: Okay. ThM would be ring. 24 NIS ST. RDMAW: Is that who you mean by 25 Would you please come down. 25 clustered4 age 162 Page 164 1 MR oAN2ER Mr. Smith why don't you just I MR ENGEtBRECHT. No. I'm Just askir g this 2 stay here. 2 lust and then 2 want to ask 3 MR. ENGELBRECHT: Yeah. Why don't y'all 3 MA DONALDSON: 1 wanted to allow you to 4 Just have s seat right here close. 4 maintain your separate pole and meet the obligations 5 MS. OOt1RDm stay close, stay close. s that you have. 6 FIS. GAh71 R: Don't run Orr. 6 MS. ST. ROMAN: I'm sorry, but 1 cannot 7 MS, GOURDiE: All right. Seeing our 7 answer that. 8 predicament that we have an Ordinance which is a law. 8 Sit ENGELBUCHT: And I know that there's n 9 and if we set any precedence, then we have to go 9 Issue here of trying to put who's going to be on top 10 forward, you know, we can't do one thing for one person 10 and who's going to be on the bottom. I I and then tam around and say, wroll, arery, It's kind of I I MR SMM: !'o, there's an Issue here 12 a legal thing that we're encountering hart: with the 250 11 because what happens is when you sign a franchis 13 square feet for ground signs, I Su=ss, is the ones on I; agreement, also, in that agroement you sign a sign 14 the pc es. Can the 1>•nton Lincoln one, the big one, the 14 maintenance package, is 144 squa:c fat, is that an sdjustsble sign size? It Is MR POWELL Mr. Smith, dealer Into the 16 that already made? is it going to be the one from the 16 microphone. It will help a lot of people, 17 lot tt, ilready exists or I7 MR. ENGELBRECM r Yea We'll Be it on the 18 Nm 3t ROMAN: unfortunately, 6itc that A record. 19 i4 the sign that was in the original Ordinanoc, It's 19 Ma. SMITH: When you sign a franc:dse 20 already in the lot. So It's been shipped, It's ban 20 agreement, you sign a sign maintenance package. I think (j 1. permitted, and, unfortunately, we can't mess with that 21 Zimmerman and several other companies operate In this 22 one 22 am, 1 think Quality Sins handles our Lloootn•Mcrcurf 23 M5. GOURDIE: Now, on the other two, the 23 signs, Cummings handles our different signs. 24 Isuru and the Mazda, l realize that they gave you the 24 MR ENOEURECHT: Ali right. t hear when 25 height and everytldng, is there any way that y'all can 2$ you're Corning from. 7'6e Reporting Professionals (940) 484-6053 36 Pager 161 • Page 16 Li Condenselt' Page 163 Page 167 I MA SMITH: SO when there's a failure, then I MR. 11MIT11L Yncy don't have to be 40-foot t 2 that's when the prohiems start if you piggy-back them, 7 MS. OOUADIE: Even though they're vulod? 3 That's why they want separate pole sign, becall:'•r if 3 Mil SMITH: Yes, because once You hurl, the 4 their sign Is out It's their sip. 4 side will b+ facing the road, so if YOU Put them side by $ MR. ENOELBRECHT: Now, Let me a t: IOU S Side, you would lobe half 6 another Item and that is, if dose signs wv,, one, two 6 Ms. owttDle: well, I'm not saying side 7 and throe, in other words, side by side, as 1 was 7 I'm saying to where visually you an ace hero this one g looking at them golmg down the Interstate, we would have g coming this way. This ono Is this way. I meant, it 9 269, whatever it Is, square feet which could a, 9 wouldn't be in front of the pole. It wouldn't be to construed as one slyn, even trough they're on separate to whatever. What we're pretty much saying is here is your I I poles. Is it possible for you to fit that Into your I I Land and In this 100 sgLmm fiat or whatever of land, I2 site on tt a troes? And 1 think maybe that's what Mr, 12 proportionately set the signs Its the same area so we can 13 Donaldson was talking about in clustering. If you I3 read each one. 14 cluster them that way, I almost becomes one sign. 14 MR Sutrm within die 100 square foot? Is MR. SMITlt: Yea. But Ott this Is MS. OOttRDI£: or wherever the chosen site 16 MR. ENCELRRKH.+ And, again, that may be a 16 is. She's trying to hear, I'm sorry. 17 problem given your 17 MR. SMITH, And that's a great ilea if these IS MR. SMITH First of all, the recommendat on Is signs faced out to the road, but they don't, the big 19 to stove the Iign was made by Mr, kaed, the location. H'e t9 part. So what you'd hove with these two stgra, they 20 kind or mutually agreed that that 40-foot sign was in 20 would counteract exh otact. 21 the wrong place. And We twadcd to move it, So we moved 21 MS, GOU1101E: But they're different heights, 22 it over Into the back or this I.tndscaped arcs. ?hut's 22 you've got 23 40 fat tall and looking at the way the trees arc 23 MR. SMITH No. These two are relelvely 24 located here on this side, thla is why we had a big 24 the same helghL So you'd have two signs that v 23 problem in trying to locate the other sign because of 23 counteract each other. AM If you're On& to have the Page 166 Page 168 I these tress. And it's going to be difficult because 1 three signs on the property, they're just separated by 2 these signs arc half the pole lom&th because one or them 2 distances that really the elements cause to to have 3 Is only 23 foct. It's not going to be visible at all,1 3 to do It, because we'm on an incline, 4 don't believe. Maybe the other one would be, But we 4 MR. POWELL: IM If I might Interject here. 3 would still have the Issue of Iuse well, We could S MIL ENGELBREY'HT: Yet, sir. Mr, Powell, 6 probably If wt could put them ail In one base, if we 6 MIL POWELL: since We're trying to work with 7 could get an agreement with the mmurature to be able 7 our taws and Ordinances as we've written them, I want to a to do that, A bring up two points. Point Number 1, this is a Planned 9 MR. ENGFLBRECHTr welt, I'm not even 9 Development, which means that we don't have to be to suggesting that they'd have to be In one base, My point 10 exactly according to a Sign Ordianance that Is for other I I being that they have a rquirement for poles and then I I purposes than a Planned Development, point number one. 12 the sign on than so that If you had one, two, three, 12 Point number two, is the last I mtenoe on 13 side by side. now, they'd-nay be different heights. But 13 Page 2 not the last sentence, but the last sentence 14 sou. a ways that un be construed as one sign, which all 14 In the neat to the last photograph, when conoessims I3 of a sudden that was our requhme i, And you're seven is from these regulations are requested by a developer, 16 percent over your square foou ge, sit of a sudden that 16 there needs to be cormspor ding benefits that merit 17 really isn't given all these other factors, that 11 devlation from these regulations. Who In Denton that to Isn't anything, and that certainly could be l think 10 can remember has given us more corresponding bereftts 19 Mr. Bueek cnutd defeni that In Court. 19 than Mir, Smith? 1 mean, he's gorse out of his way with 20 MS OCx1KDIE: I guess this is what Mr, 20 all this trot salvation and tree planting and 1!' 21 it's something like this where you'd have your big sign 21 landscaping. And, you know, be's given us the 22 and then your Isuzu and your Mazda all In the same are, 22 benefits, We're no stuck with one, two or three signs 23 MS. oANLER: where scmebody could sec It 1111 23 bocause it's a Planned Development We're stuck with 24 at once, where they could ay, oh, they've got Lincoln 24 common Sense, hopefully. Thank you. 23 or Isuzu's or Mazda's, 23 MA BUCEK: Let me make no legally 1 Iat The Reporting Professionals Q40) 484.6053 37 Page 165 - Page 161 t• 1 r Coadensoltt't Page 169 Page 171 1 we're clear, that the prc blem is, Is that the prior i property, which will actually not be walls, they will 2 case, that is stet. The b as were set iy a prior 2 actually be tree welts. We've cut half of a hilt out, w 1 caves. And the problem we have In this care, Mr. S so the trees over here are above your head. And 04 the 4 Powell, is that when you make the adjustment for the 4 bottom aide, they're below your W. S signs now, you have to get something in additional You S we've also lot another retaining wall which 6 can't look at the prior plan to accommodate tW$ plan. 6 is probably 150, 200 feet long and it goo from four and 7 Maybe there is wmething out there that you can add that 7 a half to five fat to about three fat, and it's g works for these folios that would be a setoff, but you s directly on the edge of that property, And this would 9 can't use the trees now for the setoff. Now, he was 9 be an additional wall because when we developed the 10 mentioning the stunework around the trees. Maybe that's 10 forum parking area. We had to also protect those tms I I something you could took In and got Into the record as I I there. 12 one of the enhancements. Anything that he's doing out 12 MIL ENOELBRECHT: And that wali is also out I) there that was not in the original plan that enhances 13 of the rock? 14 it, could be a setoff used by you. 14 MA DAVISr That's not out or the same rock. Is MR. R1SHVL: Mr. Smith, Mr, Bunk was trying 15 it's out of a natural stone, 1t'$ a different type. 16 to give you some tools to work with here, maybe you 16 MR. tHOELBRECHT: BW it is out of a natural 17 would repeat that sgatn for us. I T stone so you have several hundred fat of natural 16 MP MICE K: Mr, Smith, what we're wondering 1s atone walla? 19 is, whatever was in the original Detail Plan, you know, 19 MR DAVIS: We've got close to $60,000.00 20 when the trees and all those things went in, whatever 20 worth of mulning will. 21 was in there Is a given and we really can't negotiate 21 MR SUCEtt NOW, the Point We're trying to 22 doing more in consideration of that. Early on In your 21 be clear about. In the Dotait Plan, when this project 22 conversation, you mentioned that there was some 23 was planned, were there any details that showed masonry 14 stonework that you were putting around some or the 24 around these tress? 25 tree. Was that stonework required In the Detail Plan 25 MIL DAV15: We had retaining watts but it _ Page 170 Page I?2 I Originally? I wu }tut a will to be designed by an engineer. 2 MR. &mrkl Ho, air. 2 MR BMEK: So it could have been railroad ) MIL BtrcrK, Okay. So if you could mention 2 tics and you used this instead? 4 things to us that you're doing In addition to what Was 4 MR. DAVIS: Probably would not have been, S in the Detail Plan, this Board might could use that U a S but it could have been. 6 setoff and in their findings ay they're doing the 6 MR. EHOELBRECHT: It could hive been that 7 following in consideration of those things. So maybe 7 and you chose the natural stone instead. Any other s you could go Into more detail about that Item. s questions? W. Powell. 9 MIL S"Irm: well, we've got one picture 9 MR POWELL: That picture there brings to where we've I v'iuh we'd taken motto lion one because to something to mind. That fence behind it, that will I I this Is very attractive, with these natural statics I I fence, whom Is that? 12 MR. EHOELBRECHT: I think you might just 11 MIL DAVIS! That's Mr. Smith's fence, 13 tell us, do you have some idea of approximately how many IS MR. POWELL. That's Mr. Smith's fence. Now, t4 of those stone arches Or circles that you have 14 Mr. Reed, what were the. requirements for that tenet !n o constructed on the property? IS the original PD or whatever? I'm just trying to help us 16 MR. POWELL Please, sir, come down and give 16 out here, 11 us your name and address. 17 MR REEa. The Detailed Plan in this 16 Ma. EYOELBRECHT: Yes. is Instance, the Landscape Plan does not demonstrate any r i 19 MR. POWELL: And speak Into the mike 19 relalning wall. 20 Ma. DAVIS, I'm WA Davis, 618 W. 20th in 20 MR. POWELL-. No, I'm talking about that 21 Houston. I'm the project superintendent, I was 21 tenet. 22 standing on another wali when I took rile photo, They 22 MA REED: of, that fence. 2) arc five to alit fat in helght. There's one to the 23 MIL POWELL: That big stone fence or 24 front that's much longer in length, about three-foot 24 whatever it is, do you see the picture? 11 runs behind 27 tall. There will Le two more 04 the lower side or the is evtrfttdng in the picture. E Tic Reporting Professionals (940} 484-6033 Page 169 • Page 17: 38. U 1. Cotdossoltt'r Page 173 Page 173 I MR. REED. it's a six-foot high solid I something for that. And I think what we're laying is masonry or a concrete screening wall, 2 the detailed plan, we would need in consideratior of the 3 MR. IUSHEU And that's beta In them since 3 adjustments you make, that there be it footnote 'All lays 4 day one, right? 4 three Was on the Prop" are going to have 3rA"nry S Ma REro Yes. 5 tetaining walls to that you can point to something you 6 MR. ;uSHEta so what we're looking at Is 6 did on that plan that enhanced for which you, therefore, 7 is it a variance - It's part of the rD and what might 7 dragged the sign deal down a little where It balance a appear to be a seven percent oveW In signage that the t out. 9 owner or the property has installed extensive stonework 9 But r think you could use that finding that 10 on the property as an enhancement for our community. 10 because or the saving of the trot, the spacing of three I1 MR. ENGELBRECHT; t don't think, you know, I l signs may not be as detrimental u two signs that might l2 having looked at tie history of hC9C things for a long 13 exist somewhere else. 13 pert l of time. Mr. 8ucek may correct me if I'm wrong. 11 MS.OWRDIB: Not the saving of the trots 14 But', don't think the 7 percent is to much an law as 14 but the mtainment wall that they put In, because the IS it it the three versus one, 17 trees were already required to be saved. 16 MR. RUSHEE: i think what we don't Want 16 MA SUCEK: Right. Yes. But the trees at 17 you're trying to go between a cluster, a cluster Putting 17 I t MR. ENGELBUCHT: t think that's what our I g the three together versus putting them maybe one OF in 19 bigger variation is. 19 one plea and the other two somewhere else, it could be 20 MK 1USHED I think eventually we don't 20 that the tray allow you to do that and it's 21 want 10 be compromising on a sign that's 14 foot b3gh IS 21 esthetically pleasing because the trees an there, 22 something that might be a little taller than normal. 22 MA voeLwwi Mr. Donaddson. 23 MS. ODURDIE: That's not what "'to 23 MIL DONALDSON: And perhaps you could 24 discussing We're discussing spacing between signs 24 consider pelting two or the sign given that the al let 25 That's when the v%jectional - the Problem Is that if 35 it, the bottom of the tallest sign is 30 fat off the page 174 Page 176 1 Mr. Smith were able to come up with an Isuzu•Mazda sign I ground. And the height or the other two signs are 20 2 in one area, and the Lincoln Denton-Lincoln or 2 feet and 23 fact. You could pahsps pair the tall ae, s whatever it's called I'm sorry. r'll get It down 3 the Lincoln-Mercury with one or the shotkr ones, have 4 correctly pretty soon, is In another am, that would be 4 them work together. And then you would simply be S two signs, versus a thuoc-sign spacage and is that It 5 looking at two locations. 6 that what you're saying? 6 Mil ENGELBRECHT: t would like to ask staff 7 MR. ENGELBRECHT: Where Art We Varying? 7 here a question. it would appear that the movement of & a We're varying in terms or the numbers because that's 300 a sign along the property is a minor amendment as %,a have 9 percent or 200 percent increase whereas the squam 9 defined it at this point if we have simply approved 1 to rootage 11 only seven percent Increase. So it sacros to 10 three signs of rhv11 square footage with the stipulation I I me, that's what we have to address and W of that, to 1 l that they would be located by staff As minor amendments, 12 som0 extent, Mr. Donaldson did that when the DRC - when 13 became it 4 difficult at this point in time to say I3 he was suggesting that, l believe, that they be 13 specifically where they should go, given the size, given 14 clustered, which brings him closer to stmost 14 the Imes and all of that, that you may have to pull two 15 Mrs. BUCEK, one or the issues here that 13 tight apart five rat and separate them another throe 16 someone touched on Is that -At rally can't give him 16 fat because of tress, canapes, root structure and all I7 credit rot the tots, but the tress by leaving them or 17 those other aorta of things and that if we're willing to t 6 adding them, may be We to create an event dart 16 live with that, w> simply provide some guidowe that 1 i9 requires this spacing and Is not at detrimental to 19 would ay they be u dose together as we could In order f ! 20 someone else, say Mr. Wood or someone else that would be 20 to minUnite the idea of three signs which is the [meet 21 building a new center, say, beestue they don't have as it variance and let them decide that, an we do that? 22 many tree, 11 you would have had this spacing or lack 22 MS. o0t ism- ti can't be an emeednxM 23 of spacing, It would ha+e been mom detrimental to the 23 because nothing exists. These three signs do not exist, 24 driving public. The trees, you might could argue the 24 to you can't amend something that's nonexistent. 23 throe separalcd poles may not be s problem If you get 25 MIL mELBRECHT, okay. We could approve Ile Reporting Professionals (940) 484-6053 Page 173 • Page 171 39. I t. condenaettt"t Page 177 Page 179 I th v plan, but dkm you could amend it through minor t MIL ENOELBRECHT: Please. 2 w=dment% to move where the Potts exactly go In the I MR. POWELL! Okay. Here We go one more 3 ground, 2 4 ML POWELw Maybe we don't have to, Mr. 4 Ms, ooURD16: Also, watt, before you do 5 Chairman. Maybe 1 have a motion that Will clew it, 5 that, you said additional landscaping. I don't recall 6 maybe. May.1 offer it? 6 them putting any extra landscaping. 7 MR. ENOELSaECHT: Let me ask --I just 7 MR. POWELL: 1 consider those walls to be s wanted to ask staff if you would respond to that 1 landscaping, 9 bcfomhand, 9 MS. OWRDIE: Okay. 1 don't. So Maybe Just 10 MR BucEx, t think if this Board by 10 o say the natural stone retaining walls, because to me, 1 I majority vote was to tell us that relocating I I landscaping is something that sucks in water and grows 17 determining the exact location of three signs is 12 things. 1I considered a minor amendment, then staff could go from I! MR. POW-ELL: Well. I'm not a landscaping 14 that. if council approved it with the deal that there's 14 architect, but landscaping is anything to do with die I s am signs 2A9 square fat and the exact location of is landscape, But I don't mind removing that if it's going la the three signs to be determined by the developer in is to help PASS tN 5 motion. 17 staff is a minor amendment,, then it could be done. 17 MS, WuRD1E: I just think it's being is milt. ENGELBRECHT: so as long as we and we is misinterpreted and I I might give guidance with regard to that they not be 19 MR. REED: Could I forward a suggestion? 0 spread too far s?art and all that. Okay. Mr. Powell, 20 N.R. POW'ELL: Absolutely. 21 you have given that, you have a motion? 22 MR. REED: Maybe It could be worded where 12 MIL POWELL: I'm still writing it here 22 the slit has been substantially beautified the 23 I've got it. Okay. Let me give this a tryand that's 23 Denton-Lincoln Mercury has substantially beautified Its 24 what I'm doing here, I'm trying. 24 proietty by erecting stone veneer retaining wails I 25 MR. ENGELBRECHT: Yea, please. 25 thereby further enhancing the esthetics of lie life, Page 179 Page ISO I MR. POWELL: I move to recommend acceptance I something to that effect? 2 of Z"99-007 finding that the additional landscaping and 2 MR POWELL: Wow. I natural stone retaining walls beyond the let the just I MR. REEDl Did I get closer? 4 try Ibis again. I move to recommend acceptance of 4 MR ENGELDRECHT' Do you want to just hand 5 Z-99-007 finding that the additional landscaping and S that over then to - ' 6 natural stone retaining walls provide corresponding a MR. PowEtu okay. Here we go, Arid I'm 7 benefits that merit tiny deviation from the Sign 7 sure the lady Writing this down is about to shoot me. I Ordinance, and that de location of signs create a minor s But she has ample opportunity during the week normally, 9 deviation from the same Sign Ordinance, 9 too. Okay. 1 move to recommend acceptance of Z•99.007 10 MR. ENOELBRECHT: PD - minor &Wndmenl to to with the exception of Sign B finding that Denton I 1 the - 1 t Lincoln-Mercury has Substantially beautified its 12 MR. POWELL! A minor amendment to the PD. 12 property by erecting stone venire retaining walls, i I I'm willing to reword or do that again if it's 11 thereby enhancing the esthetics of the site and thereby Its necessary. 14 adding the eomsponding benefits that merit the Is MR, ENOELDRECHT: One Item would be that 15 deviation from the standard Sign Ordinance and that the i1 16 when you said Z whatever 26 location of the rental ning signs creato a minor 17 MR. POW'ELL: Iles. 17 amendment to the Planned Development Is MR.ENOELBRECHT: By Stating It that Way, Is Ms.GAMIL Second. vi that would Include Sign R. 19 MR. RtsHEL: very good, A, 20 MR. POWELL: Yet, it would, 20 MR. POWELL: And t didn't say tandKAPtng. t / 21 MR. ENOELBRECHT: Which was removed to get 2I MS.Ol7MIC You're good 1 did have a 22 down to the 2697 22 Question. Does it died to state that the discretlrm of 21 MR. POWELL: %'es, it would. And I will 21 the City staff repls tmeat of those signs with this 24 reword it, if you wish, then to eliminate Sign B, if you 24 developer9 1 don't know because they had commented 25 wish? May 17 25 about hating that L needs to be that there mlght be no A`porHng ProfeagionaL (940) 484-6053 40 Page 177 • Page 180 r I i Condeaselt' Page 131 Page 113 I a question about I the landscaping can still be a meriting deviation if a 2 MA OWE* A reference 10 a minor amendment 2 that's a proper word. 3 would give us that authority and be has that in his S MIL ENGELBRECHTr well, tai's put It this 4 motion. 4 way. 'there's the growth. 1ho landsape that isn't s Ms. GotrRD1E: okay. 1 just wanted to make S them now that will be there in five yea" can be 6 sure. 'thank you. 6 considered I believe. That wasn't required on the 7 MP DONALDSON: The only word that gives rite 7 dual) plan. 1 cause to pause is "acceptance." I MIL POWELU That's a natural phenomenon. 9 MR. POWELU well, I didn't know what Word 9 MR. DONALDSON: Mr. Chair. 10 to use except It said denial hero obviously Ind I didn't ID MIL ENOELBRECHT: Yes, Mr. Donaldson. 11 know what to do, I I MR. DONAWS04: in fact, If No were not a 12 MR. DONALDSGN: we make a reeommendstlon in 12 Detail plan and the application was for a varlmce, we 13 here to Council so you could recommend approval, 13 would be lams for unique conditions to this property 14 MIL PowetU Hl just use the word 14 and the preservation or the existing irwi could be 13 approval. If I may substitute the word "approval' for is characterited Ls s unique condition which would warrant 16 the word "souplance," would the seconder go along with 16 or which eneata the hardship which would warrant a 17 that? Would the seconder go along with that? 17 variance. ' 11 MS. GA,YIER Yes, sir. 11 MR ENGELBRECHT: Are other di$CUalon on 19 MR, POW ELU she's clap, 19 the motion? I would say I would be voting fat the 20 Ms. waEIL No, l'm just wilting to say 20 motion, but I would ask Mr, Smith and the staff to work 21 something. 21 together in terms of sort of keeping these signs to the 22 MIL ENGELDRECHT: We have a motion, In 22 extent possible as one sign, Our greatest vatlallO4 23 essence, to recommend approval to the City Council far 23 here is going from one to throe signs. Now, we can say 24 Signs A, D and C ^ A. C and D with the Itxaions to be 24 that's an automobile dealership. But to me, them ' 2s specified as a minor amendment. And any discussion on 23 anybody can come in who Is setting three products and Page 132 Page 11 I the motion? 1 say I want three sJgos, And so jug because it's 2 MS. OANZER: Yes. 2 automobilet, I don't think that we can that's 3 MR. LNOELBRECHT: Mt. Oanzer, 3 neoesserily fair. This property has all sorts of unique 4 MS. GANZER: l would like to Say to Mr. 4 issues with the vegetation and that sort of thing And S Smith, l empatbin with you on what you're going through S we know that there will have to be soma separation In 6 with this. There arc so many things about this Sign I different directions. But I'd certalnly like to see 7 Ordinance that drive me nuts I've had to go through It 7 that ndntmlacd because ^ to we don't vary too far from I myself on a property on Dallas Drive. 1 also empathize I our sign ordinance, Any other discusslon? 9 with the amount of excessive money that it IA taken you 9 MR rowaU Comment. Mr, SWN thank you 10 to get this development going. I've seen firsthand from to very much rot sticking with us, ii a couple of other developers just what It does take with 1 I MR. sMtnt: Thank you, Mr. Powell. 12 all of our different ordinances and things and going 12 MR ENGELSRECHT: Odter dixusslon? 12 back to the drawing board and going back to de IS AIR R2SHELi I never Ste a 11WRtion where 14 enginom, And 1 do want you to know that I empathize N our staff is not capable of :aing good reason and 13 with you. 1 S Judgment in trying to work with our businesses and our 16 I With we could have approved It just tike if citizens in Dcmton. And t know Mr. Reed and Mr. Smith I I you brought it to us. But evidently we can't, to 1 just 17 both to be good citizens and we appreciate that 11 wanted you to know that. I1 MR. ENOELDRECHT, Others? 19 MR. ENGELBRECHT: Yes, Mr. MOMO. 19 Ms 00uRVE: I Just want to ay, I'm t , 20 MR MORE.NO. Yet. I guess, In regard to Mr. 20 concerned not to be the hay.Yyer, but I feu the r (j \ al Buak's remarks earlier, r think 1 understand what he 21 people who will come through and my, well, I'm going to 22 says with regards to the PD and the existing landscaping 22 put a brick wall up instead of a wood well to get what 23 that is in place I can't help but feel, nevertheless, 22 they want, and I just hope that future developer don't 24 that there will be some future benefits as those trees 24 do that. 1 hope we did not Set a preoedeal hers, I 23 grow anti Cie landscaping develops. So I still fact like 23 meats, l want Mr, Smith to succeed, but the feu C40ws no Reporting Professlooalg 9-40) 484-6053 41 Page 181 " past ll t /l U Coadonacitra' Page 115 Page 1g' I over me that we're doing things that could create more 1 till after midnight. 2 of a problem down the I1". 2 MR. ENOELeRECxT, Anything else? S MR- ENGELBREC" t understand. All In S MR. DUCK: shave one thing, as a follow-up 4 favor of the motion please raise your right hand. The 4 on the cuff, I'm going to hand out to the Commissincere 5 motion carries unanimously. Thank you, Mr, Reed, Thank S an article called 'Out of Control" an overview of how 6 you, Mr, Smith. Thank you, ladies and gentlemen. 6 Texas Cities have lost control over liquor-related 7 Item 12, Director's Report. Council 7 issu:R..Umember we had that liquor lux last weck7 6 action. Mr. Donaldson, 6 The Texas Town and City, the Texas Municipal Logue 9 Mts. oONALMN: The Cnly Council salon was 9 Magazine just had an article explaining all or those 10 to approve the public notice err xmdments that came 10 issues, It's just three pages and I vented to gIve that 11 through P & Z a few weeks a; o. We've alsobesot talking I 1 to y'ail beausr that issue always comes up with 12 with Council about sating up a series of workshops 12 citizens and you can just give them a copy of why you I S regarding the eamprc% -elve plan and we aced to plug the 13 have such limited power in that area by handing them a 14 P br 2 Into that process at some point. 1 passed out a 14 copy of this. 15 m. lew schedule that was given to Council last week, is MR. ENOELBRECHr, Okay. Mr. Donaldson, 16 which documents Six perspective Work Sessions wel I, 16 other 17 actually five, The February 23rd one is simply a 17 MS, CANZER: Ijust In regards to this I! mailing. So starting with March 23rd, a aeries of work to scbedul Ins, if I'm In that class, I've talked to Mark 19 Sesslons dealing with specific parts or the daft 19 about it and I've talked to Sim about14 if I'm in that SO comprehensive plan actually March 23rd, it's riot a 20 class, thou classes that I'm going to be In, that would 11 Work Session, so four after that, starting March 30th. 21 be during the entire month or March for me. 22 We need to be thanking about finding tlme for the 23 MR. RI6HEL+ is that every evening, Carol? 23 Planning and Zoning Commssslon to do the same sort of 23 M6. await: That's Monday through Thursday 24 Nng, As we get drafts ready to be able to review them 24 night, the first two w eeks of march and the last two 23 section by section lading towards ultirnately putting 23 weeks of March. 'they're off during spring break. I Page I i6 Page i g I them all together and the Commission making a 1 think March 30th Is the last Is on a Wednesday Of a 2 recommendation then to City Council for Its approval. 2 Thursday or something. Anyway, It's so the second S We will try to find times it's been awhile since we 3 and fourth Wednesday 1 will be In that class should 1 4 had a Work Session at something other than a Wednesday 4 decide to go. S night so we may think about that Sort of thing. We may 3 MR. ENGELBRECHT: But a Work Sesslon on 6 try tojust deflect zoning items from a particular 6 another evening, you'd be In class, too? 7 Agenda and try to preserve that for comprehensive 7 Ms.OANtER: Yeah, right. But - except g planning purposes If we see an opening like that, we a during Spring Break and 1 don't know that we'd want to 9 will probably take it. But we need to got tjing on it 9 meet during that week, which it wcutdn't bother ire, 10 fairly quickly. to because Spring Break trteans nothing to me. So during I I Council wants this plan approved like in two 1 I March those four weeks, Monday through Thursday II woult 12 weeks That, obviously, isn't going to happen. But I 1 be in that class. 0 we're shooting for having everything together and, at I S Ms. OOt1RDtE: well, I guess Friday nights 14 least, reviewed once by everybc.') by the end of May. So 14 aren't so bad since most of us are, you know, are over is you wilt see from staff Suggestions for P zit Z meetings is 19. 16 prohabty at yew next - in your next packet. 16 SW. aA.w m if I'm going to be In class 17 MR. ENOELBRECWr: I mlyht ask to give Mr. 17 Monday through Thursday night, do you really think 1 i 6 Donaldson a little bit of direction here too, because I to want to be here on Friday n1ght7 i 19 know he'll try to be as flexible is he can, but In the 19 MIL EI GELBRECHT: Yes, Mr. Powell A 20 nent that the Agenda rills up for our regular meeting 20 MR. POWELG I have A Commieslorien comment. (1 ^ 21 nights, would you prefer to have bold a Work Session 21 is this the prover time? I've ban !old recently that 22 on another evening if it carne to that? Should we do 22 Mr, MINIM who owns the property neat to this last one 21 that u opposed to some fate hour? 21 that we talked about tonight Is trying to develop 24 MR. POWELL! Yeah. Getting up and being at 24 another automobile dealership alongside it, alongside of 25 work at ?:00 U tough when you don't get out of bin 21 this property. And I've been told that be's asked to _ The Reporting Profegsionds (940) 484-6053 Page 185 " Page 1 42, i t i f f ATTACHMENT 6 a I ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO. 82- 08 TO PROVIDE FOR A DETAILED PLAN FOR 5.4907 ACRES LOCATED WITHIN PLANNED DEVELOPMENT 12 (PD42) ZONING DISTRICT; THE SUBJECT PROPERTY BEINO LOCATED THE SOUTH SIDE OF 1.35 E, NORTH OF SHADY SHORES ROAD; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE (Z-99.007). WHEREAS, on February 20, 1973, by Ordinance 73.5, the City Council approved the annexation of 131.715 acres of land now described as Planned Development 12 (PD-12) Zoning District; and WHEREAS, on Stay 6, 1980, by Ordinance 80.36, the City Council approved a change in zoning for 109.102 acres of land from Agricultural (A) to Planned Development 12 (PD-12) Zoning District; and i WHEREAS, on June 3, 1986, by Ordinance 86.109, the City Council amended the concept plan for 74.8 acres of land in Planned Development 12 (PD-12) Zoning District; and WHEREAS, on December 16, 1997, by Ordinance 97-368, the City Council approved a detailed plan for 5.4907 acres of land in Planned Development 12 (PD-12) Zoning District; and WHEREAS, on January 27, 1999, Charles Hamilton, on behalf of Ford Motor Land Services Corp., submitted a detailed plan for 5.4907 acres located within PD-12 to amend the ~i detailed plan approved by Ordinance 97-368; and NTIEREAS, on February 10, 1999, the Planning and Zoning Commission recommended approval of a Detailed Plan for such S.4907 acres; and WHEREAS, the City Council finds that the Detailed Plan is in compliance with the Concept Plan for Planned Development 12 (PD-12) Zoning District, the 1988 Denton Development Plan, the 1998 Denton Plan Policies and the Growth Management Plan Strategies; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SEC 1ON I. That Ordinance No. 91.368 providing for the approval of a detailed plan and a landscape plan for 3.4907 acres located within Planned Development 12 (PD 12) Zoning District Classification and Use Designation is amended by approving the Detailed Platt, Sign Details and Landscape Plan attached hereto and incorporated herein by reference as Exhibit B for ! 1'" 5 4907 acres located within PD-12, more particularly described by the legal description attached hereto and incorporated herein by reference as Exhibit A. 43. i i L ' 1 t' li SECTION II• That the provisions of Exhibit B to this ordinance shall govern and control over any conflicting provlsiotta of Ordinance 97.368, but all provisions of Ordinance 97.368 and other ordinances as they apply to the remaining portion of the PD-12 zoning district land use regulations not herein amended, 31WI continue in full force and effect. SECTION It . That a copy of this ordinance shall be attached to Ordinance No. 97.368 showing the amendment herein approved. SECTION IV. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense, SECTION V, That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record Chronicle, official newspaper of the City of Denton, Texas, within ten (10) days ofthe date of its passage. PASSED AND APPROVED this the _ day of ,1 999. i JACK MILLER. MAYOR ATTEST. JENNIFER WALTERS, CITY SECRETARY BY; _ APPROVED AS TO LEGAL FORM; HERBERT L. PROUTY, CITY ATTORNEY BY; 2 ry i 1 446 c EXHIBIT A b 5.4907 ACRE TRACT BEING C tract of land out of the Gideon Walker' Surveyy Abstract No. 1330, in the City of Denton, Denton County, Texas and beln0 part of the 21.3439 core treat of land Carve yye~d to Oakmont Conadtan Land Partners Ltd., by deed recorded In Denton County Clerk's File (0'17) No .94•R0003975 In the Deed Records of Oenton County, Texas IDRDCTI,ond being more Oorflculoriy described as followlw COMMENCING of a found 1/2-Inch Iror rod at the Intersection of the west rtaAt-of-way line of Poet Oak a 100 foot wide street rtght-of-woy,dedtooted to the City of Torinth,Texas by Wat recorde~ in Cabinr,t F. Page 233 of the OROCT and the southwesterly rlght-of-way fine of Interstate HtghwaY 35£ to variable wldlh ROWhthence wtth the southwesterly rlght•of-way line of sold Interstate Hlghwoy 3SE,the following courses and distanced North 42 degrees 24 minutes 34 seconds West for a distance of 12.06 feet to a found 1/2 Inch from rodl North 50 degrees 12 minutes 52 seconds Weet for o distance of 62.63 feet to o found 1/2-Imo Iron rod of the Deginntng of non-tongent curve to the right,hcving a radius of 146L18 feat and whose tong chord bears North 44 degrees 57 minutes 23 seconds west for a distance Of 274.09 featlNorthwastarly with said curve thrauah a central angle of 10 degrees 45 minutes 42 seconds and an arc distance of 274.49 feet to a point! North 39 degrees 34 minutes 3t seconds West for a ellstanee of 30.17 fast to a point for the boatnntng of a Curve to the Ief h hdVing a radius of 1461.38 fast and whose long chord boors North 44 degreas 57 minutes 16 seconds Nest for a distance of 273.99 feet! Northwesterly with sold curve through o contralong's of 10 decrees 45 minutes 29 seconds and on ore dlstonce of 274.39 feet to a point of fongeney7 r North 50 degrees 20 minutes 00 ee0onds ft lr 0 distance of 811,11 feat to a found 5/8-inch iron rod with pldstlo cop for the f. OF BEOiNNINOI THENCE dopartina the soulhwssferly right•cf-way Ilse of sold Interstate Wohwoi 35E,South 47 dogress 07 minutes 19 seconds Nest for a distance of 352.95 feet to a found /8•inch Iron rod with plastic cap In the north line of The Woods at Oakmont,Phose t on addition to the , City of Corinth, Denton County, Taxas Otcordlna to the plat filed for retard In Cabinet N. Page 97 of the DROCTI THENCE with the north Itne of the sold oddltton North 86 degrees DO minutss 24 seconds West for a dlatance of 609.78 feet to a found 5/8-fron rod with plastic cap for cornerr THENCE departing the north line of the sold odd; loll North 35 degrees 10 minutes 11 seconds West for a distance of 49.99 feet to o found 5/8-Inch Iron rod with plastic cop for a corner In the centerline of a 100 foot wide Texas power A Light Com On easement conveyed by Instruments recorded in Volume 313, Pogo 356, Volume 373, P094 242, Yorums 517, Pogo 516, Volume 018, Pogo 101 and Volume 1062, Page 62 of the DROCTs THENCE North 64 degrees 48 mtnufas 13 ascends test. clang the cenforane of sold easement, for a dlatemes of 725.66 feet to a found 5/0-inch Iron rod with plastic Cap In the southwest rigM•of•wo I1ne of Interstate Highway 35E for a corner on a curve to the toff haring a radius of 579.65 feet and rho a lone chord bears South 48 degrees 49 minutes 30 seconds East for a dtatancs of 310.08 festl THENCE with the southwest rtght•Of-way One of sold Interstate Hlghwa 35E, and 010-9 said curve to the left ttrough a Canted Iangle of 03 degrees 01 mtnufas I seconds Ord an arc distonce of 310.11 feet to a found 518-tnch from rod with olcsttc cap or the point of tongencyl , THENCE continuing with acid a0ufhwest rlght-of-way hn! of I filratate Nlghway 3SE South SO t degrees 20 minu os 00 seconds East for a distance of 89.69 feet to the POINT 0~ BEGrNNIN0 and Cont0ining 139,174 square feet or 5.4507 acres of land more or less. 45. k i T. nl N! M YIO ~ ~~MAII W W 1 Irl rp !11! IW 1 Jr rtl )A 1.- wruriunr~wrra r r of rfrw ra v. MfTf [~rr~T_ NF! ru.- Y!f Y, rM- rYllld'1 ~ yr yg~,~1J~ TY WK NI'Y. YI fW MIwI MfW NL~ M --«i-"- • T. r1Y. Nrl ; M M \ A IL~. ~T.rrM •f ~ 4 y~~~ ~ 1~ ~ YY \ • /r •tJl r'WW-~~rrfOq ri. O. ® ~l~y Y\I ! e war 'Elf O I m~ ~ + 1 i i I ! / ! KKWI y N• - Y I a ~ r ~ Ye.Y m. Yn w Yln Or7MR 1 ~ Y1pO Rf~A~'1'R LP I~rrK~ r 1Y I..rY Yl i W1 t. YJ f~Nr W. YrNI wY Y, / ~ rs~.»N~'mnlY'Oi iM Y rry~//'. l •I.1 .1,~~ FYI Y. / lL 1/~ w HI V. _ gggrr( W'LIIIM it Y, / Y• Iirt gLRiYYrI MY1 M. •NM lY. • Y I0 / M~ •MIY nY•~ Y YNr urn Au~ `~~AC?L91i111?7!1° / . \ 1 tiA ILI. ~mr • `r~~~ Yom" ~1 t ,'c r ' L 1~ w'Y«Y r' Yr 1 ~ I I I ~ ' ~ . \ lvr! ~ !6M ' 1l IO Yl1 !w. DfTAkIU PLO ap. i Y. Y. • 1 ~ ~1 f c, M i U it I i I 1 i MIMT \ y •WT ~ 1 • I MEL Jlm.• m Qfv MT y I YM Y~ Jf I .ObNS it =w mix= r u ~ ~ t , r 1iSd'wCt'fif11119k Yl..ru_wwrww u. Irru rlr.• ~iMMnr 1'wl. rr rMw LLOi•!.r•L~Ir ~nw 'Iw \ •Yw, wi g. ■S~.Wy7J!aum,•w iW.,1 Yd6"'ll[AJr ea+s • Ira. rr ray; ~I •1 ~ r -nwii w Li r• , •MM rwIwM JrWwnlaw7~I~Yw Y~ ' 1 •:M J•a Mr •Yr a. •rM ,M ..LM Ur ,uWN 1L_ w ~ •r~w ~Jr1 L4 ~rL rrrVr~lY \ rYrYtl YO ~rfi w•0.1 MW 1M rr rr i i~. rrr• yL~y 1I1~ PI L.a.L O• T !d • M LI ~ yy~ II~.~ ti• ~'!wr'ra' I.I1 W ~ f 1 .r an•LwtrL rlrle.. ..~1 \ r I~ ~r ~ W w w r r~~\ N ` ~L • IIIYa ~ 11 i i t i I~ 1 1 I a. ,w _rr LN ~ fa" ~ r I d" far : fIC r LANDSCAPE PLAN .a 1 i I I I fay ~ r 1 I I ! ! f / % W Y r M AT'T'ACHMENT 7 I r,' L '1 r, 'Well ,t ` ij 1 1 1 1 ~ llS i i e r ' f 44 • ; , f; J, 1 1 1 1 I r U} 11 1 ~ 50. r ~ r ~ ~ < 4 F . 1 ~1 i . I ~ ~ A lr I r ~ t i ~ ~ I ~~Z ~ r r ~ ~ ~ ~ . q«~: ~ ~ ~ - ~ iii. ~~M~t.. y~ •~,:1• ~''~4'~'~~'Y``~' ma`r'`, t . r ...r.. N~,~~~1~ "~>r r;~'~~ ti .,-~s-, jy-- r~ . i ~ nuy 6* ik, l \ J A .0 01 L4 " - i'' + ~~,7'~+ifa3i r` i "y~' ~sP~~l•'VCt'vy'A'~.,,~'i. ~a*. S `(t w ' .i+J w t f k~~,a'F ~tM1, ■L,* ,+a,. y 4.' ~,ra ; . y~. 7 I. J 01, ' C J , • i 00 y,c. rimer>~•: _ i ,r J I 11, o 1. 1 i 1 . .,6 Jky,'~ • 1a y 4; i~jr• fi a r n 1r 1 s' 6 ~ ~ t , 'y I c~ ATTACHMENT 8 b AML"AN ISUZU MOTORS INO. DEALER STANDARDS FINANCUILJFAVUTYMONAGE n.k►}w"dltiA.W}etc~ owwSrdrMYdwrro.%AA owrdloMrAMy F~yy~j~~j~YMr 1!`1"L~~ ; (44`'71. } 1 ~•r r : r a I ~ ia5 } rwAnou~ o.w. W= wenaun ww.}ww j wet- ft ~ w" ww~e.ir • ouW. 1 aw a« oww 1Na"nro s..o~nro wc,nro e..etiaro wu.~►a • ~YtlMa bum wa bYM.Aa blow ha 6""wa ydN"~At ":t* rN 44", ~ ho". fts M/r, "I tow dye "ft. $M a0 "Im ewgo MWIMnM HoW od10 "01410610161 "064000 . , Mon MO tl0,o00 L0. &n ow Phow Y . ~.w. a.1 . Fw rodry /.M ewMnl eyrd AroA ~MrMA oYu . > ~ 11wa M ~A~ MMwM~ MM'wMe ~ ~ jp a~ i. f lr~<,' Nrl Fr.w r~ O~OtfIgM s,*w MYM eMS1 !WM WW i 1 hv, fN M loO• Geo. I ww l ltir / u Y~ o Vwr d {AN 1 all rM 1 rM I pM M Mou rod 5 rM f fos ►M }aro }are faro faro faro law N. .j', inO N.RM/ IL 00 aONa M~ IaN bM~ aO N,qM~ mN.AW r. ~}aw _}aM "m ►e-- IaN__}ro.ro fare 'M . 14WirN IINdM MrJM MJ"N IW+.M MWVM " MIWdY}In4r . ~ irwr~w.wrWW.~A~►~~wnpM+rNOMI 'r. oM r..r rM~ i , 11+N aNfN ftl I bm In MOW d Asmrs DNMr ftndws MI un"Fewo Dµiv SuAMMr Owns Imm 6me to time. i MoAnwd DW o..r w omw Do. w dry, A+4 V, OW A.f. Mtw hall folowl's 6w TOT^. PAX.01 55. r~ i i tdatde Nwm AnWOW tips tew9 (k LOW 1.1991 Mr, Edward 11 . Smhh Denton Motors, inc. VILA r►oatoe Mania I400 Deliw Dr. Dentoe TX 76"S A V: Later of 1nta,t (101 '1 Dar Mr. Smith: ft i+ a ple"m b inroaro you Char MeM' Mot" or Arrrorlw dba Mttda Nonh Arnwkan OPartlimt ('Male') h►t oardraioedly IPFMVW yeue agplkatitnt for the Ownership Tntnlfa- Atsott C,oorplete end Atloartoa for a Meade dnltrlhip located M Iltrmtott, Tetu ('DeW $hif i. Mt►4'1 fu+tt tptwoveI b conunfeut upon the salthalen of the cood+ttor+s so forth below In paragraphs 1, 1, p, and 4, wW a mpbtbn of dw sWiminn process to Meads's sahfkiion acrd rtceipi by Mesh of doN unwalierl Ina Root maliefectery to Masada Plew be advieW that Msa1a wiv sawn grams final aWVVOt and aaivelr Ibe owntrahlp ehaatge unit el) of die sbave It complwed Me►U aSme to aalw Was Muds Dealor Agaeemtat wNh an airing enlily (•Da1tr,'Yov' at'Yea+r') ujeft oelnftlettrn 0 0 do foregolrtg Aoedilient, the details end timing of which at err fonh blow. l 1, You "or Dow Maas, inc. (0+e Dwlm ehp Corportttoa) will di dip 1eUowk4: I I havida Im"aty for Mesh dtaktahlp sales, wrvim and wo oW+niom kewtd at 1490 Alias Drive, Palm Ttee s, whleh 001st k no Yes aen 7JJ95 quwe foes In eIx (+hc 'Prugoeal 4wtlony ea a blhxa Novtmbu 1, I fN Dealer apses to melatetn the Propeld Lftmien for acluelve Mule, L ineoln•Man. wy, and 1w Al rcprswa++aka+. 17 Stowe yprevel Attw this Teau Departesant of Now Whkka end Owls all nteatttry liteme a tier the Dealorablp CorpoM)sn to 1111 and ewvloa 14uda 1 veh3elet a the Proposed Lam is" 1n ere rwflwe Novanbw 10, 1111, 1.1 Dealer will imWt on the Proposed Leutton the 16ll"Aryl hems as dtlrttod rtaoerlary y Mnda' WI eatetiee eiptt, InolttMg but cot Ihnhed b tM Mt'Qo rolo~rJnlwmsnr Mend gie+~td Mwdo fund Lsds Sigri, W the Sbwrtam 8tanatt Propom. All sign v" ie to bt per far *am&ng Is Mfade's retltnMSIN"Orr by M"'s App ovd va,Lv. Dub► egrtor it teArovr d) CwAlf^ r ow M0r ta-►a Oki ►,..ww•W4r■t+.nIs"w~M.+aa I JIM w►aew..ttPA 106 ►,,"1 Are a 00060001. ~ t A,', r t' I 56, c~ E AGENDA INFORMATION SHEET Agenda Ho. AgeMa Kern 1 Date 3 .t3 9F AGFNDA DATE: March 23, 1999 DEPARTMENTt Planning Department CM/DCNI/ACM: Rick Svehla, 349.7715 B 7 - A•78 and Z-98-056: (Ryan Tract) Consider formal action on two ordinances regarding property known as the "Ryan Tract": A) Consider adopting an ordinance annexing a 114.76 acre tract located on the north side of Hickory Creek Road, northwest of McNair Elementary School. Second Reading, A-78. B) Consider adopting an ordinance for a 1 t4.76 acre tract located on the north side of Hickory Creek Road, northwest of McNair Elementary School, establishing Planned Development (PD-169) zoning district classification and use designation through approval of a detailed plan; and provide an effective date. BACKGROUND I Development Proposal, Intermandeco proposes to develop a 314.76-acre tract on the north side of Hickory Crock Road, approximately one mile west of Teasley Lane In Denton's extraterritorial jurisdiction tET1). The tract is contiguous to the City of Denton along its eastem border and is adjacent to the Oaks of Montecito subdivision, Acme Brick property, the Good Samaritan development, and across Hickory Creek Road, the River Oaks subdivision and McNair ElementarySchool. The petitioner requests annexation with the zoning category of , Planned Development for cluster development, accomplishing a number of housing units less dense than SF-10 zoning for the overall 114.76 acre site, but clustering it on 81.68 acres remaining after park land dedication. Ad acent Zonin `f PROPERTY DESCRIPTION CURRENT APPROVED i ZONING DENSITY Oaks of Montecito SF-1 3.1 units per acre Rid cr Oaks SF-7 3.5 units per acre Acme Brick Agriculture Temporary zoning for mining Good Samaritan PD-22 8 units per acre Changes to the Detailed Plan. Since its original submittal, some aspects of the proposed i detailed plan have changed (the revised PD Detailed Plan is enclosed as Attachment 1): The total number of housing units has decreased from 341 to 299, if all tracts are fully developed, however, tracts 2C and 2D are under negotiation to be purchased by the city for parkland, leaving a total of 272 housing units.; The amount of park land dedication has Increased from 31.42 acres to 33.08 acres; The unit mix has changed: I. t~ PD-169 Proposed Mix of Lot Sizes Ort final Submittal Compared to Latest Submittal (Including the Original Latest Numeric development of tracts Plan Plan Change 2C& 1b SF-6 103 0 -103 SF-7 238 243 +5 SF-10 -0- 56 +56 TOTAL 341 299 -42 PD-169 Proposed Mix of Lot Sizes Original Submittal Compared to Latest Submittal (Excluding the Original Latest Numeric development of tracts Plan Plan Change 2C& 2D SF-6 103 0 -103 SF-7 238 243 +5 SF-10 -0- 29 +29 Y TOTAL 341 272 -69 Park Land Dedication. Park dedication of 33.08 acres, including the Fletcher Branch Creek, is proposed as follows: a Floodway of about IS acres; • Floodplain (in addition to Floodway) of about 15 acres; ■ Additional dedication outside the flood plain of about.08 acres. Minimum parkland dedication required by the city's ordinance would be 2.4 acres with 0.6 acres outside the flood plain, even if the parkland dedication were not annexed. If the properly is not annexed, park improvement fees will not be collected from new residential units. If the property is annexed, the 272 housing units proposed would generate an additional $79,152 for park improvements (or $87,009 if all 299 units arc developed) at the current assessment of $291 per home. The dedicated land would connect to a 3.21 acre parcel proposed as park land from the Oaks ofMontecito subdivision and a 24.3 acre greenbelt in the River Oaks subdivision that ultimately connects to Corps of Engineer properly in the Fletcher Branch flood plain, The devclopcrof the Ryan Tract has agreed to place the easternmost tracts (apprx, 10 acres between the floodplain and the Oaks of Montecito Subdivision), known a tracts 2C and 2D, under a purchase option to the City of Denton for future parkland. The contract would indicate a four year timetable for the City to raise the funds for purchase. Contracts regarding sales price are currently under negotiation, At the end of that four years, should the City be unable to purchase the land, it reverts back to the developer to be developed under tha SF-10 zoning classification. Transportation Improvements, Development of the site will require the construction of collector streets along most of the western boundary and across the northern portion of the properly as designated by the Denton Mobility Plan. These collectors will eventually tie in with 2. (1 i• the street system of the proposed Thistle Hill subdivisica and provide alternate access to Ryan Road, reducing the traffic impact on Hickory Creek Roar and Teasley Lane. Additional requirements include: • perimeter paving Improvement on Hickory Creek Road, • two lanes of a three lane bridge traversing Fletcher Branch at the Hickory Creek Road crossing, • a right turn lane off of Teasley onto Hickory Creek Rd., • right turn lanes offof Hickory Creek Rd. at the subdivision entrances and • a S10,000 fee for traffic signal (at Teasley and Hickory Creek Road) participation i, Public Notice. Several meetings have been held and notification, is accordance with state law, was served regarding the annexation and zoning of this property. On February 20, t999, the proposed annexation ordinance was published in the Denton Record Chronicle, more than 30 days prior to the final reading, on March 23, 1999, per state law. RECOMMENDATION On February 9,1999, City Council voted to separate the annexation petition from the PD zoning application. Staff recommends the following actions that will require separate votes of the council: A) Staff recommends that the City Council approve the annexation of the 114.76 acre Ryan Tract parcel, as per attachment 2, making the following findings: • Staff notes that the proposed development is consistent with the Growth Management Strategy (GMS), adopted unanimously by Council on January 19'",1999. The GMS indicates that growth management practices can be accomplished through annexation and zoning. B) Staff recommends that the City Council approve the proposed Planned Development zoning district and land use classification, as per attachment 3, making the following findings: a Zoning of properly Is a necessary step in order to manage development. The PD zoning district provides assurances as to the quality of design that other zone districts do not provide: it establishes minimum building area, construction materials, and fence and monument sign details. The proposed zoning is consistent with the adopted Growth Management Strategy which states that annexing and zoning property are the necessary steps in order to manage development. The proposal is consistent with the intensity designation of the 1988 Denton Development Plan. The proposal is consistent with the 1998 Denton Plan Policies (most particularly those sections stating that floodplain and floodway should be obtained and preserved). The gross density of this proposal is 2.37 units per acre, 2.81 net of the i8 acres of floodway. The adjacent subdivisions, Oaks of Montecito and River Oaks, are developing at gross densities of 3.1 and 3.5 units per acre, respectively. 3. 1/■ z, c Site Deducted Net Site Total Dwellings Density Description Acreage Acreage Acreage Dwellings Units per Acre Gross Density 114.76 0 114.76 272 2.37 Net Density minus Dedications 114.76 33.08 81.68 272 3.00 Net Density minus Floodwa 114.76 18.00 96.76 272 2.81 Staff notes again that the proposed development is consistent with the Growth Management Strategy (GMS). The Ryan Tract's proposed density of 2.37 (272 units divided by 114.76 acres, less 18 acres floodway, equals 2.81) dwelling units per acre (DUA) is less than the average 3.0 DUA identified in tl,e GMS. Staff also notes that dedication of floodpla In, floodway, and recreational land; collector street dedication along the western and northern portions of the property; pavement improvements and bridge construction along Hickory Creek Road; and off- site traffic improvements serve to meet many planning objectives stated by the City of Denton in recent mouths. The only component of the plan that has not yet been articulated is the assurance of quality subdivision design identified as necessmy ror higher densities that may not otherwise be considered appropri ate. With a density of 2.81 units per "buildable' acre, staff does not believe the lack of conditions related to quality is sufficient to raise concerns of incompatibility or devaluation of neighboring properties. FISCAL INFORMATION This development would lead to several hundreds of thousands of dollars in p6tlic infrastructure improvements that would directly effect this region, as well as the development site itself. # PRIOR ACTION! ER VIE\Y November 11, 1999 Application received and fees paid for annexation petition and planned development zone change request. i November 19.1998 First Development Review Committee (DRC) meeting. December 3. 1999 Neighborhood Meeting. December 8. 1998 City Council approved the Annexation Schedule. December 14.1998 Annexation Service Analysis forms distributed to city departments to be returned December 28, 1998. 1 December 17.1998 A,\ r Second Development Review Committee (DRC) meeting. January 5.1994 City Council conducted the first public hearing regarding the annexation. January 12, 1992 Ncighborhoal Meeting, i 4. C January 13, The Planning and Zoning Commission held a public hearing regarding the annexation petition and PD zoning application. The Commission recommended approval ofthe annexation (6-0) and recommended approval of the Planned Development Zoning by separate vote (5.1, Rishel in opposition, Ganzer absent) with the following condition as proposed by the developer: 1. Tracts between the Oaks of Montecito and the llooplain are to be designatct'. for minimum 10,000 square foot lots. 2. Two new tracts will include the lots directly adjacent to the floodplain (labeled on the January 13, 1999 P&Z PD Detailed Plan as Blocks J and K) and designated for minimum 10,000 square foot lots. 3. Minimum dwelling floor areas shall be established based on lot sizes as follows. a. 6,OMl square foot lots to have it minimum 1,410 square foot dwelling size. b. 7,( square foot lots to have a minimum 1,700 square foot dwelling size. c. 10,000 square foot lots to have a minimum 2,000 square foot dwelling size. Januar - 19, 1999 City Council conducted the second public hearing regarding the annexation. During this public hearing, several residents from the Oaks of Montecito Subdivision expressed opposition to the proposed zor ing, although annexation of the property was not specifically opposed. The Denton lndependent School District 1DISD) offeted a revised Service Analysis, indicating that the annexation would not have a significant impact on school services since the property would be within DISD boundaries regardless of the status of the annexation. January 27, 1999, Neighborhood Meeting. February 9 1999 City Council conducted tiie first reading of the proposed annexation. During this public heating, several residents from the Oaks of Montecito Subdivision expressed support, by petitions and presence, of the proposed annexation and zoning (as revised in the new detailed plan, see attachment). Council voted to separate annexation from the zoning, at the petitioner's request. The council then voted in favor of Initiating annexation procedures, The public hearing for the revised detailed plan is to be held bciore the City Council on March 2, 1999. February 24. 1 The Planning and Zoning Commission held a public hearing regarding the Planned Development caning application and revised detailed plan. The Commission unanimously recommended approval of the Planned Development (PD. 169) zoning district and detailed plan. March 2. 1999 Vic City Council held a public hearing regarding the Planned Development zoning application and revised detailed plan. The Council postponed any action until the March 23, 1999 meeting, OP 1101N 1, Rccommend approval as submitted, 5. t 1, Recommend approval as submitted. tw 2. Recommend approval with conditions. 3. Recommend denial. 4. Postpone consideration. S, Table item (no later than April 20). ATTACIUMENTS 1. Detailed Plan 2. Draft Annexation Ordinance 3. Draft Zoning Ordinance (Detailed Plan -Exhibit Hof Attachment 3) 4. Schedule for Public Hearings as Required by State Law i Respect fu Il~jy subm v W e Hill Director of Planning and Development Prepared by: t , Trine Finney Planner 11 x 6. I i ~ l+an umn ~ ;:4 ne wnYVrwws DESIGN GROUP I_r IIY!! c tl MY MM M W ~n ~ I bMlrw.rl I •~yMZ"M ~ I I .{?r .•'1WY' 4 Or9.Ir+n.. r.YR~'Yr 1 ~ hM K ~ n tl Gr..n I J M 1Ynrll M t i r • ~ IYf rMY p mb.4WP.~g1' IWw ._J L Wow. I 1 W nI4~Mlnrm .l YT i p ~r r I, y 16 ' ' r"`•I !'L'am TJ_._ r Y 1 ' AI, J 'I~ ~ ~ ~ " Yi f ~r i r . ' • ~1~ wtra lnwrNna r »..11~~ ~r ~ ~ 1 • • . . ~ ' i1~.dlt iin~in Mn 1 w 1, Jr -r' ~Y:~y~ .a` M~ ~r. •rtno" , s+ r 1 " \ • 'y~ ` o ~~_...._W.._---,,,~~~ t 11R. i J »n 11 . l " I f ~nr to uhnm ru awor~ ~ 1 I • ~ 1 1 1 is fIIW MJaS _ _ _ 4~ wr _ J 71 'f F ~ ti to ~ • ~ ~ 1 -41 .I } r r ! I ~ ~ I ~ ~ ,~'~tl~ Y I ~i Y ! k,~ r ~ I . f " w,~.. 7 { , . r , 1• I 3 u_. 1 r 111 • r F . , r 1 11 4 ~ 4[I u JIII rJU j ' ~I .,ej i.-.! "i .'!'Its 1~r 1~' n , r,., . •„li.. I f"a.W 5 l • I ~ L ~ I I I' t I~ Y U~ aA 1[ 1 1 n r 1 .1 Y rf yam! sw , r"w TJl}A1._PLAN :w nNr wrnw - 1 ~ff'W r.lva n~ .prr... {s ro ro r, Co P=Wt6?iwL5'#P,.9.`1.•.'C.:M'•~• ' . (N10 1!MlNI _ ' LSL~• 7'L S~3~''7..L. ~ •+r n,u• 7~ ~ ' , IC mKf X) ~ ~ Y~1i • V mr C'LTL"(' , i' ~ i ~','.1' " 7~/~~aV ~Y..~..' f ,.n.• Iw w__ Ywl ~ '"~J rw /e 1 . 1 y on, Lot I A.1 l!4 -4 -1 mhwML "tot I J~ 11W V= I Ny. J' . 1 11~My,.It . 1/ Mt/1W.NM1M _ t ft+. --([.~i}~~, 1K'n IN, (D!V6! PLAN Loom "Ol"LoI Y wr ui`•wyw~:.i~~i~rYi.,.~ rwr yliK J .4Lo.~.i r r rr r' r+cttima9Y~i MYY.W.M YYM MM f L.JSS:'~i.eT~L. ywer w.r ee w...r J..r r.rww r ` Q~ u Ll n_ 1 I f ,Mn,lbDVTiQtib O,r.sOei~rfrgy.,, k ATTACHMENT 2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING A TRACT COMPRISING 114.76 ACRES, LOCATED ON THE NORTH SIDE OF HICKORY CREEK ROAD, NORTHWEST OF MCNAIR ELEMENTARY SCHOOL; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE (A•78). WHEREAS, the City of Denton wishes to extend its City limits line to include the 114,76 acre tract as described in Exhibit A; and WHEREAS, public hearings were held in the Council Chambers on January S, 1999, and January 19, 1999, to allow all interested persons to stale their views and present evidence bearing upon this annexation; and WHEREAS, annexation proceedings were instituted for the property ,::scribed herein by the introduction of this ordinance at a meeting of the City Council on February 9,1999; and WHEREAS, this ordinance has been published in F,dl one time in the official newspaper of the laity of Denton after annexation proceedin,RS were instituted and 30 days prior to City Council taking final action, as required by City Chaier; and WHEREAS, after a public hearing the City of Denton Planning and Zoning Commission recommended the annexation; and WHEREAS, the City Council finds that the annexation will be in compliance with the 1999 Growth Management Strategies; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTIO.41: That the tract of land described In Exhibit A,'attached hertto and ~r., urporated by reference, is annexed to the City of Denton, Texas. ' I SECTION II: That the service plan attached as Exhibit B, and incorporated by reference, which provides for the extension of municipal services to the annexed property, is approved as part of this ordinance. i SECTION 11 i Should any part of this ordinance be held Illegal for any reason, the holding shall not affect the remaining portion of this ordinance and the City Council hereby d, Glares it to be its purpose to annex to the City of Denton all the real property described In lxhibit A regardless of whether any other part of the described property is hereby effectively r annexed to the City. If any part of the real property annexed Is already included within the city limits of the City of Denton or within the limits of any other city, tow nor village, or Is tot within the City of Denton's jurisdiction to winex, the same is hereby excluded from the territory annexed as rally as if the excluded area were not expressly described in this ordinance, { 9. o u t SECTION IV: That this ordinance shall become effective thirty (30) days from the date of its final passage and publication, and the City Secretary is hereby directed to cause the entire ordinance to be published once and the descriptive caption to be published twice In the Denton Record- Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage, PASSED AND APPROVED this the day of 1999, JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY j BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: i Page : 10. t I e EXHIBIT A r 114.760 Acres F11LD NOTES to all certain tract of land situated in the N, Britton Survey Abstract Nusber 31, City of Denton, Denton County, Texae,f,pd,being all of the called 1164 acre tract described in the deed from Charles N. Ryan at ux recorded in Volume 1010, Page 30 of the Real Property Records of Denton County, Texas, the subject tract being more particularly described as foilowsr BROIRN1NO far the Southwest corner of the tract being described herein, at an iron rod found at the southeast corner of the called 3 acre tract described in the deed lroa B. D, Calvert at ux to N. Thomas Calvert at un recorded in Volume SOD, Psga 311 of the Deed Records at Denton County, Texas is Rickary Creek Road on the South line of said surveys TRnWCi North 00 Degrees 06 Minutes 51 seconds East generally along a wire fence with the Nast line of the 116,7 acre treat a distance of 3513.11 teat to a 1/3 inch rod sat at a fence corner post at the Northeast corner at Calvert tract! TRBNCS South 11 Degrees 11 Minutes 70 Seconds Nest along a fence a distance of 41,13 feet to a 1.1/3 Inch iron pipe found at the most Southerly Sauth4set corner of a called 41.504 Acre Tract One described in the died from Shelton Ryan and Phoebe Iiggembothaa to Wayne 1. Ryan recorded in Voluba 1531, Page 111 of the said Real Property Recordes TRENCI North 00 Degrees 35 Minutes s1 Seconds Nest along a fence with the East line of the said S1,904 Aare Tract One mad with the Wesk line of the 11%.7 acre tract a distance of 115.43 test to a 1/3 inch Leon rod found most a fence corner "at) TrUcs North Be Degrees 31 Minutes 33 Ieaonds list along a fence with a South line of the 43.304 Acre Tract One a distance of 1335.64 feet to a 1/3 Inch iron rod found near a fames corner on the Northeast bank of a branch at the Southerly southeast corner thereof an the Nest line of Lake Forest good Samaritan Village as shown by the 'flat thereof recorded in Cabinet F, Pegs 34 of the Plat Records of Denton County, T"sae TRENCI South 01 Degrees 41 Minutes 37 Sseands Beat with the Bast line of the 116.7 acre tract and with the Nest line of Lake Parast good saYritan Village a distance of 44341 feet to a 1/3 inch isoa red iouad at the Southwest corner thereof$ THEMCS North 11 Degreaa 33 Minutes 13 seaoods net with the south line the take Forest Good Samaritan Village a distance of 311.71 feet to a 1/3 Loeb iron rod sat for the korthweat corner of the called 10 Sere tract described in the deed from Justin industeles, Ina. to Acme Stick Co. recorded to Volume 3137, Page 130 of the said Real Property Rscards tsar which a 1 Leah wool fence corner poet bears North OS Degrees 11 Minutes 57 Iddende West a distance of 4 10.0 feet and a 4 loch steel poet beats North 11 Dopaea 41 Minutes It Iseoads / . talk a distance of 13.1 tests w . ,k4:~ dk t, u i r page 2 114.700 Acre Britton survey TRBNCS south 00 Degrees 4f Minutes 12 seconds vast ilong a [anee with the Nut line of the 90 aare tract a distance of 1271.07 tut to a 1/2 inch Iron rod found at the southwest corner thereof and the Northwest corner of the remainder of the ealled 00 acre tract deaeribed in the dead of trust from Richard 1, ceepton at ua to B.B. SLY, Trustee recorded in Volume 24170 page 01 of the said Real property Reeordsi TBBNCB South 00 Degrees St Nlnutes Jf lacondg Best elm# ■ tones with the Nest vans of the said 00 earn ■ir tract passing, at 641,11 goat the Northwest newer of oaks of Nostecito Phase I as shown by the plat the@ool ;.corded in Cabinet N, page of of the plat Records of Denton Courser, Texas and continuing with the Hest line thereof passing at 1390,17 goat as Ina red found ak the southwest corner of Black A In the dadieatad North right-of-way of Bishery Crook Read cad eeokinuing, In all, a total distance as 1210.97 took to the Southwest corner of the SLY tract on the South 11e@ eg the Britton surwyl TNBMCS South If tagre@s 17 Minutes 11 Seconds test irlth the South line of the Britton Survay in Siokory Creek lead a distaste of 1001479 lost to the PLACS Of BSOINNINO and enclosing 114,760 aare@ of load, kds jdil-b/18117 or I 1 r' Ci is EXHIBIT B ANNEXA i hill bzrt VICE PLAN CASE NUMBER! A•78 AREA: 114,76 aores LOCATION: On the nonh side of Hickory Creek Road, northwest of McNair Elenentary School in Denton's extraterritorial jurisdiction (EV). II Municipal services to the site described above shall be ittmished by or on behalf of the City of Denton. Texas, it the following levels and in accordance with the following schedule: I A, Streets and Roads Access is available from Hickory Creek Rd. and it planned collector street thatjoins with another planned collectot street leading to Ryan Rd. A bridge will be required over Fietcber Branch Creek at the expense of the developer. B. Water/Waslewater Services Water is currently available along the eatem boundary of the proposed development. Wastewater service is currently available along the eastern boundary of the proposed development The extension of a 12" water line will be required along Hickory Creek rii to support this devektpment C. Electric Dlstribuden Eleetric service Is currently available in this area. D. Solid Waste Collecdo t cad Dfepesal l The city cad serve" property. Service may require addido cal equipment pereomel and opening resources. One rest loader, a three perma crew, and on additional neldeetlal route is Deeded to serve rich additional 1,300 households is the city. E. Police Services The department estimates that service can be provided witbitt average response times foe the city u a wbole. The city's priority response time la L06 mlmrte1, while Ito overge reapoose time is I I minutes, Three additional personnel sad s"donal vehicles will be required to one thin' area, F. Fire Protecdon and Emergency Medical Servlcu (EMS) Tate city cuncody serves adjacent property. Fire Station 06 Is approximately 2 miles from the subject property, Q. Parke Dad Recnedon Servleee No parks or facilities curmdy servo ibis area. A 23 acre park is pending in the River Orb Subdivision, half s mile tough of this of the subject property. All acteage and act illty requirements w bard on uldmate build-ouL Cost of improvements and ntelatetumee will be phased ltr, u population iacreaes. H. Llbror% Services The Libruy mticlpitei that iamaced demand resulting from deve(optrseal In the city can not be met using A existing meurlo i, facilitile and personnel. Future needs of G!e library are to be determined with the alter fanuory 20, 1999, the anticipated date of the library master plan study. , r 1. Code Enforcenteet, Building hupoodou cad Consumer Health Services The city currmdy terves adjacent property. i 13. ,tartar! h Planning and Development Services The city currently serves this property. K• Capital Improvements Prugram(CM The CEP of the city is prioritized according to the following guidelines: (1) Provision of CapiW Improvements u compared to other areu will be based oa chamcteruites of topography, land utilisation, population density, magnitude of problems as related to comparable areas, established technical standards and professional studies. (2) The overall Cost effectiveness of croviding a specille facility or Improvement The annexed area will be considered fa public improvements in the upcoming C1P• ibis property will be considered according to the established guidelines. " ~ ii. U i Jiw Zvri ATTACHMENT 3 m. ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN APPROVAL OF A DETAILED PLAN FOR 105.12 ACRES AND ESTABLISHING PLANNED DEVELOPMENT 169 (PD-169), THE SUBJECT PROPERTY IS LOCATED LOCATED ON THE NORTH SIDE OF HICKORY CREEK ROAD, NORTHWEST OF MCNAIR ELEMENTARY SCHOOL; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE (Z•98.056). WHEREAS, On March 23,1999, by Ordinance No. , the City Council annexed 114.76 acres of land to the City of Denton, Texas; and WHEREAS, on November 11, 1998, Mesa Design Group, Inc. on behalf of Intermandeco, applied for a Planned Development Zoning District Classification and Use Designation for 105.12 acres therein; and WHEREAS, on February 24, 1999, The Planning and Zoning Commission unanimously recommended approval of a Detailed Plan for 105,12 acres located therein with modifications; and I WHEREAS, the City Council finds that the Detailed Plan Is in compliance with the 1988 Denton Development Plan, the 1998 Denton Plan Policies and the 1999 Growth Management Strategy; NOW, THRREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS. SECTION 1. That the 103.12 acres of the 114.76 acres annexed to the City by Ordinance No, on March 23, 1999, located on the north side of Hickory Creek Road, Northwest of McNair elementary School, and more particularly described by a legal description attached hereto and incorporated herein by reference as Exhibit A, is hereby zoned as a Planned Development Zoning District Classification and Use Designation and Planned Development 169 (PD-169) is hereby established. SECTION 11. That the Detailed Plan attached hereto and incorporated herein by reference as Exhibit B for the 105,12 acres is hereby approved. SECTION III. That the City's official zoning map is amended to show the change in zoning district classification, SECTION IV, That any person violating any provision of this ordinance shall, upon conviction, be deed a sum rot exceeding $2,000.00. Each day that a provision of this ordinance Is f violated shall constitute a separate and distinct offense. SECTION Y, That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to enuse the caption of this ordinance to be 15. u yOI.L044KMWW'QF{9l'O. p.~rpr,r~loYSlALMIM 4 published twice in the Denton Record•Chrordele, 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 .19514, JACK MILLER, MAYOR 4 ATTEST: JENNIFER WALTERS, CITY SECRETARY I BY: APPROVED AS TO LEGAL FORM: HERBERT L, PROUTY, CITY ATTORNEY BY: td(tQ6e eC i i , i PAGE, 16. i 9 C EXHIBIT A 114.760 Acres VIZLO NOTPS to all certain tract of land situated in the N. Britton Survey Abstract Number 51, City of Denton, Denton County, Texas. and,baiag all of the called 116.7 acre tract described in the dead from Charles N. Ryan at ux recorded in Volume SSS9, Page 39 of the Real Property Reauds of Denton County, Texas, the subject tract being more particularly described as follows, 9201NNING tar the Southwest corner of the tract being described herein, at an iron rod found at the southeast corner of the called S acre tract described in the dead from Z. D, Cslvart at ux to N. Thomas Calvert at ux recorded in Volume 509, Page 361 of the Deed Records of Denton County, Tuns in Rickory Creak Road on the South line of said survoy► TNZNCS North 40 Degrees: 06 Ifiautes S! Seconds last generally along a wire fence with the West line of the 116.7 acre tract a distance of 3513.41 !eat to a 1/1 inch rod sat at a !saes corner post at the Northeast corner of Calvert tract► TarNCZ South 61 Degrees 51 Minutes 10 Seconds Nest along a fence a distance of 41.53 foot to a 1.1/9 inch iron pipe found at the most Southerly Southeast corner of a called 65.504 Acre Tract One described in the deed from Shelton Ryan and Mobs Higgenbotham to Wayne S. Ryan recorded in Volume 3533, Page 151 of the said Real Property Rocords► TN.LNCI North 00 oagreas 33 Minutes S! Seconds West along a fence with the last line of the said 65.304 Acre Tract One and with the Watt lies of the 116.7 acre tract a distance of 643.43 feat to a 1/3 inch iron rod found near a fence comer post) i TMCS North 11 Degrees 3S Minutes 11 Seconds last along a, fence with a South lice of the 63.504 Acre Tract One a distance Of 1339.64 fast to a 113 inch iron rod found near a fence corner oa the Northeast bank of a branch at the Southerly Southeast corner thereof on the West line of Ltka yorest Good Samaritan village as shown by the )lot thereof recorded in Cabinet 1, Page 36 of the Plat Records of Deatoa County, Taxat► ` TN1'NCZ South 01 Degrees 49 Minutes 37 Seconds last with the last line of the 116.7 acre tract and with the West line of LLke ]Forest Good Samaritan Village a distance of 641.65 feat to a 1/9 inch iros rod found at the Southwest corner thereof# TRENCZ North 61 Degrees 31 Minutes 13 Seconds lest with the South fins the Lake yccest Good Samaritan Village a distance of 953.71 test to a 1/9 inch iron rod set for the Northwest corner of the called 10 acre trait described in tte deed from JvAtin xodustries, inc. to hems Stick Co. recorded in Volum-, 3117, Page, 930 of the said Real Property Records from which a 6 inch woo-1 fence corner post burs North 03 Degrees 31 Minutes $7 Secoado West a distance of 10.9 lest and a 4 inch steal post bea-a North 61 Depress 41 AlAutes 16 Seconds Nast a distance of 15.1 lots I 17. rl I Page 7 114.760 Acre Britton Survey THSNCB South 00 Degrees 49 Minutes 19 Seconds East iloag a lance with the Nest line of the SO acre tract a distance of 1971.07 Lest to a 1/9 inch iron rod found at the Southwest corner thereof end the ltorthwest corner of the raaaiadsr of the called SO acre tract described in the dead of trust from Ric.Ard A. Coppton at ux to B.S. SLY, Trusted recorded in Volume 1437, Pape OS of the said Rail Property Records) SarNCS South 00 Depress sS Minutes 39' Seconds Bast elead a fence with the Nest line of the said to acre sly tract passiog,at 941,18 feat the Nortbwest corner of Oaks of Muntecito Phase 2 as shown by the Plat thereof recorded in Cabinat N, Pape 84 of the Plat Records of Dantoa County, Texas and continuing with the Nast line thereof passing at 1290.17 goat an iron red found at the Southwest corner of Block A in the dedicated North right-of-wey of Riekofy Creek Read and continuing, in oll, a total distance of 1190.17 fast to the Southwest corner of the SLY tract on the South line of the Britton Survey] TRENCS South 19 Degrees 1.8 Minutes 11 Seconds West with the South line of the E Britton Survey in siekory Crick lead a distance of 1607.70 fast to the PLACS OF 1102NNINa and enclosing 114.790 se'res of land. kdm jdf2-b/91117 I OF M N, i Y h r I R, w.I.I.LE w•wAM ` •ww•wn.•M+ O£sICN GROUP a ~,i 11K1 R ~ ~ M OI+Wr ICI! •w •i• lbnlC / t•Nr1.•I •w III 1 i~ W+wd I t II• RIM ~ i E 9 Rf uul _ M•. ~I~II ~ I. itA[tf f.-.< Iv me ^•nw j LIPn •ur>.1 •r fit I r~ 1 il,i r I~ i~ l~l, r I .1• i .Ir Cc y r7- • , V • I.11 R t R NwM1d 1•; • i. ~I • v •I ■ A i , • •rMZii7YarTAfdlf ~ ly, I ~ .M. I~ • y si 33333 • • . \ \ iNrnwma\+Mnwfu~Il ~ ll, ~ F • ~ • Ti r4 I I YY IM UO. M W Mf IC•~ N I ~+,f •RY 6.. F I mM mMr Ar•N y• . ' -a•y 11 • :~_..rl ~ ~;•v • I r] ` _ ~v• ~ Nm 1 ~~II I !i ' r I I 1 ~ 1•~~ • _ r !Mina! ` r i- f 1.' I II• • • r. • ~1 , 1 LLMAV R~.Ynm Nl rLOVA` - TtACt 1j1 • r', 0~ t • • I•M Ui 0111n01•pUYL~ I ^ ~ I i M iy r• . I l~ h y, 7 4 j•.j , er yo8o E ~ T' . • ~n•~1 ,I y, I I , _ u"' d , I 6 J. r I , • rl • i • ~ • Ili! V~ 'I Y' Y[qL.1h _ _ • ~ ~ ~~M.'~71•S l~`~ r ~ t w a _ ...a 4..fn~.. Op'i _ { gpe.ry.,s.f • 1 • rte' t s••. •,rwy s _ ® :5 _ I n r w.. - _ ~ - e........ ~ OtS:i a•; PLAN 3 CGW r f ll -rq c' 1 M . l" t.'°..•:•'LL'~'.w.' Oi:~.7.".~ Y : uA I_M10 11A11~1 _____...•v fl ~v~«"±~ i" • S' •.+Y.n.wwsa ~,wn ..i ,~.C~LJ- j3`• r_~.~•%T°wa C•s T.....s_.ry~- w.w,•a+w..w. ,>f~'y_~ ~ L-ol ~r 1 w ■ t aaae rr - a J ~ t C] S r.` ' 1 nlrr [alt O~n.~ill .Yr P s - lz aw.. .~;Y11 r _ W A S ~ y wesn..W Y••111 - ~ ...urrr uz Iw.aM ■ 1 ~I~ "ACT i aA - r I \ - I { <R I At. X 4 1 l 1 ..al • "jp' fem.. ~'1 ;F i,s•1 t I i.~`- - ~ _ yL,, bM1 WGSINI 99°`1.4 I IM S 1 Y ~`Aq, nRM.u P..1 Mn c ■ n Manurd NPru~• _ .wm oe ~ 1 1 r r' ~ . r _ r ry ~a 1 v Ir M~j.Abld9Y~P~ IWf rMr .'Y •M MW• p r " • I..[.r M• M W bcA 'I Ir 1 y Wr Y uwrw r' I~ ~ ~ IM LYO IfFM AYIM YI J ~ y 1 ~ •y : r I.IW~1P 4 _ 1• _ Y M.Y}.~.. ,~'g, - I it I C. rr I r :M ~ R "IP .urrN fA'~'1:"ui- rM rrrw. } Ilr rr .k~ W aiNZ, 1. .y.I r. try Irr rf..T1~'• \IarxM_ V I rr.r - 1..~-t~ M 1 = ma IM10■}AN1111 •„r• y.l• r ~•~"•r ~Y Rr~.s. w. R i rI j ~ _ szz~: r "~";::roasa-_~ ~ `ter i i r w x .•~'~•SSr.:T~ S1t'.. ~ : ~r..~rw.l. a.w S~ ~,Ryyy~J~77bC~1iY' I . r Ppr- L-02 . t t; ATTACHMENT 4 Proposed Annexation Schedule A•78 Ryan Tnet December 3, 1998 Neighborhood Meeting at City Hall West, 5:00 p.m. December 8, 1998 City Council receives a preliminary assessment, gives direction to stafTand considers approval of a schedule for public hearings regardi+q the proposed annexation. December 23, 1998 Notice published in Denton Record Chronicle for first public bearing Annexation Study prepared and available for public review D Service Plan prepared and available for public review January 5, 1999 City Council conducts first public hearing D Public notice must be no less than 10 days and no more than 20 days before public bearing. January 3, 1999 Notice published in Denton Record Chronicle for P & Z public hearing. January 13, 1999 Planning and Zoning Commission holds a public hearing and considers making o recommendation to the City Council regarding the proposed annexation and the proposed zoning. D Public notice most be no less than 10 days before public hearing January 6, 1999 Notice published in Denton Record Chronicle for second public hearing January 19, 1999 City Council conducts second public hearing D Public notice most be no less than 10 days and no more (ban 20 days before public bearing. February 9, 1999 City Council (5m cial Call Afeetine dy%ng wort session) by a four-fifths vote institutes annexation proceedings. First reading of annexation ordinance. D Action must be more than 20 days after the second public hearing but less than 40 days from the first public bearing. February 19, 1999 Publication of annexation ordinance in the Denton Record Chronicle, February 24, 1999 Planning and Zoning Commission holds a public hearing and considers making a recormendation to the City Council regarding the proposed zoning' D Public notice must be no less than 10 days before public hearing March 2, 1999 City Council conducts public bearing. regarding the proposed zoning Y Public notice must be no less than 10 days and no mare than 20 days before public bearing. March 23. 1999 City Council by a four-fifths vote takes final action. Second t reading and adoption of the annexatiom ordinance. City Council ' 4 considers approval of the zoning requesl. " t Y Council action must be more than 30 days after { ! publication of ordinance and less than 90 days after council institutes annexation proceedings. Additional meetings due to improper legal noti5action I 21. t' M u r AGENDA INFORMATION SHEET Apanda pent w AGENDA DATE: March 23,1995 Do It DEPARTMENT: Planning Department CMIDCMIACM: Rick Svehla, 349.7715 kV7 SUBJECT - V•99-002 (Mill Sheet Addition) Consider an exaction variance from section 34.114(17) of the Code of Ordinances concerning sidewalks for the Mill Street Addition. The applicant proposes no sidewalk along the frontage or the property. Tho 0,51 acre property is located on the southeast comer of East Mill Street and Industrirl Street. The Planning and Zoning Commission recommended denial (6-0, absent memb,,r Susan Apple). BACKGROUND The applicants have applied for an exaction variance of Section 34-114 (17) concerning sidewalks. The cited section requires a four (4) foot wide concrete sidewalk along all street frontages. The applicant proposes no sidewalk along the frontage of the property. See Planning and Zoning Commission Report for more details about the variance request from sidewalks. The preliminary plat for this site was approved at the February 10, 1999, meeting (6-0, absent member Susan Apple). The final plat is scheduled for the Planning and Zoning Commission on Apri 114,1999. PRIOR ACTIONlREVIE~y January 18,1999-Varimice request submitted. February 10,1999•Plarming and Zoning Commission denied the request (6-0). FISCAL INFORMATION Nonc. ATTACHMENTS 1. Planning and Zoning Commission Report, February 10, 1999. 2, Planning and Zoning Commission minutes from February 10, 1999. 3. Leucr orAppeal from Applicants. Respectfully sub _ ~ i rD Hill I r; ~ II Airector of Planning and Development { Prep by: I Ka ry n p done , i ATTACHMENT 1 r i Ap r& No. 291- 0 3 Apentla lam Memo b z. 10-99 i To: Plana ng and Zoning Commission From: David Salmon, Engineering Administrator Date; 02!04/99 Re: Mill Street Addition Sidewalk Variance David Hunter and Johnny Crabtree, the owners of the proposed Mill Street Addition located on Mill Street at the intersection of Industrial Street has applied for a variance of Secti on 34- 114 (17) concerning sidewalks. The cited section requires a 4-foot }vide concrete sidewalk alo ig all street frontages. The applicant proposes no sidewalk along the frontage of the property. 1'hi9variance is not based on the shape, topography or location of the property but is based on cc~t of the sidewalk improvements. Therefore this variance is an exaction variance and the commission must consider the following; Criteria for variances front development exactions: Where the commission finds that the imposition of any development exaction piusuant to these regulations exceeds any reasonable bmiciit to the property owner or is so excessive as to constitute confiscation of the tract to be platted. it may recommend approval of variances to waive such exactions, so as to prevent such excels, to the City Council. Waiver of developmental exactions shall be approved by the City Council. Staff does not recommend a variance of the sidewalk requirement. The standard sidewalk in this case would cost approximately 53,900.00 to constrict spread out over three lots, (51,300.00 per lot) It costs approximately $1,150.00 to construct the sidewalk in front of a typical SF-10 lot in Denton, so staff does not consider this unreasonable as it can very commonly cost as much as 53,200,00 to construct a sidewalk around a comer SF-16 lot In addition, the City has been very active in its CIP constructing sidewalks in this neighborhood at the request of the residents. Recommended Motion l movc that we recommend to the City Council that the variance of Cstion 34.114 (t 7) of the (r' .A Code of Ordinances concerning sidewalks for the Mill Street Addition be denied as the cost of the sidewalk is not unreasonable considering the size and type of development. 2. L~ E• .r. i5 v ti - e gg ~ 9 fi I rye i tf ! ~ ! i i ~ a r 1 1~ 1 •9010! kM _ f'•(r r I q i 1 ~ :LI.:J1'~ • ~S:i1 IjlI I•~Iil I~`1=a a '.1 ~ I i ~ ~ 1~ •;~~4 W M, IM~1~~ Y G. Y ~ [1~~ II ~ 4 yv~~. .'1.41C~!I iN 'Ff ~~j i, • ~ Vii: I ~ry Kl N Gt I79t ~i I 111'rJi r{.S 13 .07 y1 'a' 13 Ni T_~ I.. 5, ILfOr t .'.5~~-a:),~x•_•~~_Y-YM.~YM-Y~I-f Y.M-..Y_Y Ei« 3. 7N3 1 0 U f I CITY OF DENTON APPLICATION FOR VARIANCE SUBDIVISION AND LAND DEVELOPMENT REGULATIONS x 5e5 y y Li 'ir la lM .`4`tl qa~i Lj~~J 'V e°Yh 44 ft,~~ ° P ,y~I nl-'$ .X" o'~ "in°• 7 ni Ii!eid`w~f Poe#Gila"trt~,~ir.~~r1g~s~r,'ef JrAN, y~~~11Qb'f a.e'Stib ~i~~~a wuPA h~ n $E 1 t35~el~" d 2 ~ virio~'s G ~Lredxnsvalbpm~at" AxK~'a yb~, ~a9~eRtf~g a ~vaJ~rishaa7a~~'~ ~i Y ~o E ~y~~~a~ 4 x v J "i. ~ it ^g fd ~'~j ~~r ~~rb)k'cMja ~ti^• 0AWl t rill ./1thYe 1 Ahr J" +~iFn! ^r ~ASr y''. r C I ~ C ,ter, Yt °,p t .2 F ,e e,TT' 4 c D rT r r P wcF, q'~,n3e~ 17 ++k'ly,. ~-r`+iT !s q2 ? ♦7}lhil.'p ~9 x I ~~ke ~ ~ m q h x~-ni:,n. a c Y". rq x x F x i x y :d~ e ,r ° 3Y ; tY/State/Z~pr~ • a ,rte^y gp , «y) $ ~ ` y,w4 qr. ~.uFK i NWl£~,S w~qk.,' d ~e,, P. AdJr~asi R",~ r~ a 5„ o H 4 r:, xi~tV v. a v. x ° ✓;w h ~ i? 8'~, 1 .nir. 4... n a~aS. ~C~n n R a~. ~h ..e~ek 't I ~ yv r« r pity/Stage zi ,..r 'y q~~ R a~ • :I t eNr pt rn N «g"^l C~w'~L ~7~' ~~+Ld S: r~F.'f ~r~~•ud , Y' q: ut '.!'Vn1.1' 1 .V V M1 ~ M+g iC"'.'la~L~. .R 4 W Petitioner must provide the rationale for the variance using the following five criteria, (1) The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other pro- ' pertyl (2) The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other propertyr (3) Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a rt'~ particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations is carried outj 4. l 1 ' 0 it S1 r 1 Variance Application Continued Page 2 (4) The variance will not in any manner vary the provisions of the Zoning Ordinance, Denton Development Plan, Master Plan, or Studies. (5) The speckil or peculiar conditions upon which the request is based did not result from or were not created by the act or omission of the owner or any prior owner, subsequent to the date of creation of the requirement from which a variance is sought. or, If the variance is from an exaction (eq. road construction,, right- of-way dedication, drainage improvement - a public improvement and/or dedication to th-s public), the imposition of any development exaction pursuant to these regulations (1) exceeds any reasonable benefit to the property owner or (2) is so excessive as to constitute confiscation of the tract being platted. Waiver of developmental exactions shall be considered after a recommendation from the Planning and Zoning Commission by the city council. NOTBs Request must include the followings I. Completed application (one per variance). II. ;,$259 fee per variance III. Copy of proposed plat and location map. / ..+M~{~6 A4S4- 1-/ns sw,3"4;K%04'"-/ 7'44--e- A/✓pir4+ I . 11'6 IwA((C yy A AD /dd do 9 gnature o Applicant ate 4 E i i 5. 1 t1 1. ATTACHMENT 2 Page 7 I follows the streets. t city Council. 2 The sanitary sewer has been constructed. 2 Exaction varlarces sre variances that are 3 It's in place. It's working. It's been accepted by the 3 generally based on the cast of the Improvemnent or 4 City, so we're ready to abandon the old easement now 4 sometimes simply just the need of the Improvement 5 that we don't need it anymore, Of course, we're s compared with what the development is going to be. The 6 recommending the sbaridonment nod yw'd be making a 6 criteria for granting such a variance is tisW in your 7 recomn.~ndation on this to the City Council. 7 backup. Staff is not recommmcling the variance in this 8 MR. ENGELBRECtin CommissAmers, any 8 Cacao. 9 questions for Mr. Salmon? Okay. Thank you. Any 9 The standard 6dewalk will cost 10 discussion or a motion? 10 approximately 53,900.00 to construct, which is S 1,300.00 I l MR. WSti,;L- rd like to snake a motion. I 11 per lot spread out over the three lots. On average in t 2 move that we recommend to the City Council the approval 12 Denton it costs approximately S 1,1 `0.00 to construct a 13 of the partial abandonment of a 10-foot sanitary sewer 13 sidewalk foc a single-rarniiy lot. The cost between this 14 easement recorded in Volume 501, Page 73 of R.P.R.D.C.T. 14 sidewalk and the average Is very close, As just ■ 15 located in Wind River Estates, Phase IV and excuse 1 S matter of fact, in some locations with larger lots, it's 16 me, Phase vi: and Phase vu and approval of a partial 16 relatively common to be up in the range of S2,s00.00 to 17 abandonment of a I s-foot sanitary sewer easement 17 53,000.00 per lot when you have a larger lot or even a 18 recorded in Volume 578, Page 332 of R P.R.D.C.T. located is tamer lot. 19 in Wind River Estates, Phase V. 19 The city has been very active in placing 20 M5. GAMER: Second. 20 sidewalks in this neighborhood over the past several 21 MR. ENGUIWEC'HT: it's been moved and 21 years through our Capital lmprovements Program and 22 seconded to recommend approval. Discussion on the 22 through tin Community Development Block Grant Program 23 motion? All in favor please raise your right hand. 23 and so we feel this is an appropriate place to have 24 Motion carries unanimously. Thank you, Mr. Salmon. 24 sidewalks. I'll be glad to answer any questions that ' 25 Item 7 this evening is in two parts. This 25 you may have, Pab*e 6 Page 8 1 Is with regard to the Mill Stmt Addition, which is s I MR. ENGEI.9UM; Questions for Mr. Satrtwrt? 2 .5I acre tract located of the southeast corner of East 2 M0. Powe2.L- Mr. Salmon, I don't know where 3 Mill Stre,,t and Industrial Street 3 I got the idea, I don't know whether 1 got it reading 4 Item A is to consider making a 4 it here or f just dreamt it or what, but have these lots 5 recommendation to city Council concerning an exaction 3 been platted before at some time or other? 6 variance of Setion 34.114(17) of the Code of Ordinances 6 Mk SALMON: I don't think they have Over 7 concerning sidewalks, And I will read paK B at this 7 been no, I didn't think so. ]here's two existing 8 time. It is to consider approval of preliminary plat of 8 parcets that have never been platted and they're taking 9 lots 1, 2, and 3, Block 1 of Milt Street Addition. The 9 two existing patios and making three lots. to property is roned Multi-Family I. The proposed use is 10 Mkt Powmt Thank you. it date single-family residential lots. And with regard 11 MR mmom something I failed to show you 12 to Item A, the s!&-walk variance. My, Salmon is going 12 )ust a little bit earlier, we do have a photograph of 0 to provide a staff recommendation. 13 the site, which shows that the topography is relatively 14 M!L SALMON of course, I guess for j4 level stud shouldn't pose any problem for constructing I S reference, these three lots are located at the southeast is sidewalks. 16 ccmler of Mill Street and industrial. It's located 16 MIL ENGEL9RECHT: other questions for Mr. 17 directly east of EIcl1 Avenue on the east side of the 17 Salmon? Are there other sidewalks on this portion of 1s railroad Lacks. The owners of the proposed i8 Mill Stmt? , 19 subdivision, of course, have applied for the variance, 19 MR SALMON: No, there arc not. 'phis Is 4. 20 The reason they've given for requesting Gc variance is 20 relatively close to the Windle Wood Subdivision that we J 21 that they feel that the cost of the sidewalk is 21 considered several moctings ago. At this polnt, the j ;7 disproportionate in terms of the cost of the lots and 22 closest sidewalks will be down at Morris and Robertson 21 the thTrovem eats that they plan to plea on these lots. 23 Stmt, which is probably two, three blocks or so to the ff 24 That, of cuw se, makes it in exaction variance, which 24 east of where this property is located. ,25 means that you will he malting it recommeTAdion to 0.. 25 MA MELBttECHT: AS I follow sera, 1 know Tbo Repotting Professionals (940) 494-6053 Page 5 - Page 8 6. C, r condenaeltr"' Page 9 page l 1 i that there is a number of sidewalks have been built f would be along Mill. 2 in the area and 1 understand there are plans to build 2 MR. ENGELBAECHt. 1 ask that because looking 3 others. 3 at Industrial Street, it's only about three blocks deep 4 MR SALMON: That's correct. Actually, 4 there I mean, three lots deep and it ends, because it s we're under contract to have additional sidewalks built S dead-ends there. 6 on Duncan Street which is relatively close to this, 6 MR. SALMON: fright. 7 that will connect this area with Dallas Drive and 7 MR. ENGELBRECHT: Isn't a great deal of a Teasley. There are some sidewalks on Dallas Drive, of a street, so they couldn't wouldn't expect a great deal 9 course, and a sidewalk on Robertson. There are 9 of pedestrian traffic. to sidewalks on several of the streets, but most of those 10 MR. SALMON: Right. Industrial at that I I ate in the range of two or three blocks away from this I l point, l think, is only about a half a block long and 1 12 particular site. 12 think it's a dead-end. 13 MR. ENGELBRECUT: I guess my other question 13 MR. ENGELBRECHT: Any other questions for 14 with that is, so we haven't really considered this piece 14 staff? 15 of Mill Street to Morris for sidewalks yet? We haven't IS MR. RLSHEL: Yes. Mr. Salmon, I noticed 15 really looked at it or designed it? 16 that on our map we show the most of the adjoining 17 Mx SALMON: No. We haven't had any 17 area around it as Muld-Family 1. 1 think of this area 15 specific requests to do that IS of yeL Is as being light industrial and some commercial use and 19 MR ENGELBRECHT: Okay, 1 guess my other 19 residential, all three. Can you give me an Idea of what 20 question is if we were going to do that, then would we 20 the mix is in this one or two block area? 21 look at putting them on the same side of the street as 21 MR. SALMON: 1 think right in Us area, 22 these in order to mainlain that or you haven't looked at 22 it's generally residential. Obviously, as you get 23 it that close? 23 closer to Dallas Drive you're going to get into some 24 MR. SALMON: Well, I guess, I'll say we 24 commercial-type uses. But in this general area, it's 25 haven't looked at it that close, Generally, what we try 23 mainly single-family residential. Page 10 Page 12 1 I to do if we have exist;rill sidewrrlki, of course, we try I MR RISHEL: Okay. Will we be hearing from { 2 to use them so ?tat we don't spend as much at money as 2 the petitioner? j 3 we, would otherwise. Sometimes even if we have sidewalks 3 MR. SALMON: t don't know that they are hem 1 4 on a particular side of the street, if we determine that 4 this evening. 5 the topography is better on the opposite side, sometimes 5 MR. E aELsuxw: If we could simply ask at 6 we will use the opposite side. In this case, l don't 6 this time, Is the petitioner or petitioner's 7 know what the case Is going to be. 7 representative present? It would appear they arc not. 8 MR. ENGELBRECtrr: And one other question 8 Did you have any other questions? 9 We're talking Mill Stmt here. This is the corner of 9 MR RISHEL: No. Thank you. 10 Mill and Industrial. Does this have a requirement for a 10 MR ENGEL ux"T: Anyone else? Okay. Thank I I sidewalk on Industrial? I I you, Mr. Salmon. Commissioners, any comments or a 12 MR SALMON: Yes. 12 motion? i 13 MR LNGu1,ti nT: it has one on Industrial 13 1 don't know. Pursonally, I was asking 14 as well as on Mill? 14 those questions with regards to those two streets 15 MR SALMON. Right, Yes. I should have is because Mill Is a fairly busy street and it runs 15 clarified that, Sidewalks are required on the 16 Immediately Into Morris along which the City has 17 frontages, all frontages, which is our standard 17 ceinstrucled a sidewalk all the way from Lakey or Duncan I s requirement. 16 to Woodrow Lane, 1 believe. And it would seem to make 19 Mx. ENGEI.BRECI:T: Do you have & breakdown, 19 some sense to continue to have a sidewalk along there. r0 by chance of approximately what the cost would bed 20 Industrial S ? ong tint, when you go look at it, it's like 21 Mill as opposed to along Industrial? 21 throe lots long and 1 don't ever foresee any pedestrian i 22 MR, SALMON: well, trying to do some quick 22 traf is along titre. I personally don't particularly 27 math, we're probably looking at somewhere in the range 2) we a reason to you know, again this is a question 24 of maybe 51,200,00 for the sidewalk along Industrial 24 of, we we trying to keep seine housing priors down in 27 Stmt and then the remainder of the 39, of course, 23 Denton and L%wt sort of thing. It makes some sense to The Reporting Professionals (940) 484-609 Fage 9 - Page l: Condoaaelt"e Page 13 Page 15 1 me to t back of curb. 2 MR. POWELL: Mr, Chairman, that was going to 2 rls GOURDIS: I think we kind of need to " 3 be my question to the developer, try to got a handle on 3 look in a different perspoctiv: hero. We steed to look 4 what the lots are worth. I have no clue what they're 4 at the perspective of the children coming home from s worth. 1 would take a guess It's 55,000.00 or $6,000.00 5 school, where the bus stops ate. Instead of the valw 6 a piece and 1 could be off 100 percent or 10 percent, I 6 of the lot, Iet's look at the safety of our children and 7 don't know, But if that's the 7 of the people walking to and from, other neighbors, i i if that's the one I case, then the price of the sidewalk would be a large t getting off the school bus, traffic passing through on 9 percentage. And if dley're worth 520,000.00 a piece, 9 area that could be an Industrial area with fast ears, to then it's not. And that's why 1 was going to ask that 10 people ready to go home. I would like us to am, have I I question. But. apparently, they're not here. I I these side% tks here because I think it's necessary we 12 MR. MORENO: Mr. Powell, his kw that'- 12 need to became a ■idewatk-friendly city, which we are l1 in our backup on Item No. 2 says we were ab;e to I I not. 14 obtain these lots for 53,000,00 each. la And too many paths in M-nton arc trodden Is MR. POWELL: Thank you, 1 didn't see 1 13 with din and mud through the roads. And it saddens me 16 did sec the letter, but 1 missed that, Thank you very 16 to see these people who don't have transportation 17 much. 17 walking on either the toad or, you know, barren ground 1 a MR. MORENO: Is that right, Mr. Salmon? IS that's either muddy or it's got holes or it's got fire 19 MR. SALMON: Right. Right. They purchased 19 ants. And 2 think we need to Stan looking for the 20 the lots for $5,000.00 a piece according to their letter 20 people who don't have the luxury of a vehicle like we do 21 and planned to build homes on them. 21 and start watching out for the people. They may be less 22 MR. POWELL: Then I wasn't far off, was I? 22 expensive lots, but that doesn't mean they should be 23 MR. ENOELBRECHT: Well, that doesn't 21 denied the right to walk in a non-muddy place So 1 24 necessarily indicate their worth, and that's what they 24 would like to see this dented, also. 25 were purchased for, 25 MR Powrtt: You snake a valid point, ma'am, Page 14 Page 16 1 MR. POWE.LI.: An arm's length transaction, I if l could. I was willing to livers to the developer 2 hir, Chairman. 2 and maybe make an argument like I've done in the past. 7 ASR. ENOFLBRECIIT; One of the reasons I say 3 But since the developer Is not bere, I'm going to hush 4 that Is because this Is Zoned MF-1, which ould suggest 4 at this point. s a little higher value than that, even thoui, they're 5 M11 ENGELaRECHT; well, everyone is bus", 6 indicating single-family. And that's another thing. It 6 does anyone can to make a motion. 7 Is it would be possible In the future for them to 7 Ms, omRbie: Lil make a motion. I change these to duplexes, for example. I MA ENGELBRECHT: All right. 9 MR. POW ELL+. On this Size lot? 9 M.4. GOURDIE: I move that we recommend to 10 MR. ENUELBRECHT: Uh-hub, because they're 10 the City Council that the variance of Section 14.114(17) 11 Tolled MF• I. I I of the code of Ordinances concerning sidewalks for the 12 MR. POWELL: Well, I know the zoning Is 12 Mill Stroe: Addison be denied as the cost of the 0 MF4, you just sold that. But what I'm getting at Is 11 sidcwatk is not unreasonable considcdng the sift and 14 would the lots be large enough to do anything like that a type of the development. IS with? Is MR atSHEL: second, 16 MR. ENOF•.LBRECItT: Yeah. I may be wrong. 16 MR. ENOELAREcHT, Moved and seconded to 17 MR. DONALDSON; The minimum lot Is an MF•1 17 recommend dcMlal. Any discussion on the motion? All in is is 6,000 Square rect. So these would qualify as lots, to favor raise your right hand. Motion carries + 19 MR. POWELL. shank you very much. 19 unanlmously. A, 20 MR. DONALDSON: You Can get ss many units as 20 That moves us to Item 6, whscb 1 had read, 21 you can get on there. 11 t d 1 will read again, Is to consider approval of 22 Ms. OOURDLE: May 1 P,k a question? How 22 preliminary plat of Lots 1, 2, 3, clock I of the Mdl J 21 wide are the roads? 23 Street Addition. The property is raw Multi-Family I. 24 MR. SALMON: The streets in this area of 24 The purpose Is three single-family residential loo. 25 ;own are,1 think, 34 feet wide from back of curb to 25 And Ms. Nits" from the planning 73cpwtn nt is going to 1'6e Reporting Professionals (940) 494-6053 Page 13 - Page 16 B i I ATTACHMENT 3 ~L /~s Gf~i~ ,aatiuos as a~ %oy~soF' ~`i' l~a.see:Q ts9a,.~. ,alters Vd•ua ~.a .YS~'sa,,ce~ The following is rationale for variance on request for sidewalks on the Mill Street Addition. The J partnership of David lfunter and Johnny Crabtree doing business as North Texas Investments intend on doing our very best to follow all City of Denton regulations and by no means Is It the Intent or purpose to nullify these regulations. Though, we find that at this particular development site Is is on unreasonable hardship as a result from sWd compliance, The public interest is secure, as we have taken special care to talk with all neighbors in this neighborhood and Involve everyone In helping us to make this a more desirable place to call home. In addition, we believe it would be in the City of Denton's Interest because we create revenue through utilities and property taxes for at least three more properties. The evidence presented for variance Is listed below. (1) All public and private Improvements are adequate to serve the development Including public health and safety, the present Improvements has already added to site welfare of the community by cleaning up the dumping area It was being used for, clearing the undo rbrush and briar thickets on a lot where children played, and allowing for a more open Improved area that allows for less vandal; sm. In addition the sidewalks would lead to no ot> er sidewalks or driveways, possibly making it more Injurious to anyone walking on them or gcoming a skateboard /bicycle ramp. (2) These conditions are unique because we are dasling with an old neighborhood where there are no sidewalks present anywhere else. In added xt, to these lots being In on older development of town they are situated between other residential houses with less than 1200 square feet There is no other developing taking place in this neighborhood and none foreseen. We were able to obtain these lots for $5(x10.00 each it will cost us more than this to put the water In, clean the property, survey, and add a sidewalk (J) The physical surroundings of the neighborhood are of lower Lnoome families and with each additional cost it would ,hive up the cost of each property, this could result in a hardship. Regarding the topographical conditions the city will probably need to move at least one utility poet and possibly the loss ors tree that Is over 15 inches wide unless routed around it which there is probably no space. i (4) The variance will not in any manna vary the provisions of the Zoning Ordinance, Denton Development Plan, Master Plan or Studies. (5) The owner or any prior owners did not create the request; It Is an older subdivision developed when sidewalks wxe not required, clearly we had no to In creating, Regarding any criteria for variance from development exaction s, the tract to be platted Is IM Stan $5000.00 versus cost of sidewalks being as much as the additional react to be gained by having a new survey and plan Due to exceeding any reasonable benefit to the tract we would bnsider moving forward with orig sal ptatt which would not benefit the owners, neighborhood, or City of Denton. Thank You for the time to review this variance requee u we look forward to working with the city on other occaslons while we grow and leers. Thank You. J ~<LrL rcc f ~7~cs+ ~ j r ~ David Hunter and lot v Crabtree r Owners North Texas Investments 9 AGENDA INFORMATION SHEET A b~ AGENDA DATE: March 23, 1999 DEPARTMENT: Planning Department CM/DC?*VACM: Rick Svehla, 349.7715 SLBJECT - V-98-017 (Regency Oaks) Consider variances from section 34.114(17) of the Code of Ordinances concerning fl sidewalks on Hobson Lane and Country Club Road and section 34.114 of the Code of Ordinances concerning perimeter paving for Hobson Lane, for the proposed plat of Regency Oaks Addition located on the east side of Country Club Road ( F.M. 1830) and the south side of Hobson Lana (V•9"I7, Regency Oaks Addition) BACKGROUND { See Planning and Zoning Commission Report (Attachment 1) for more details about the variance request from 1wrimeter paving and sidewalks. Regency Oaks is zones! Single Family (SF-10) and Planned Development (PD-104 (which allowed high density residential development)) district. The preliminaryplat for this site was also approved at the February 10, 1999 Planning and Zoning Commission meeting, contingent on approval of these variances. A third variance, related to maximum cul-de-sac length, was reviewed and approved by the Planning and Zoning Commission as a hardship variance. RECOMMENDATION ' The Planning and Zoning Commission recommended partial variance approval (6-0) of the request to waive sidewalk construction requirements and partial variance approval ((4.2) E ngclbrecht and Gourdie voted in opposition) to waive perimeter paving requirements, as recommended by staff FISCAL INFORMATION Variance Request Normal Total Cost For This P&2 Commission Average Cost Subdivision per Recommendation Per Lot Construction Project Sidewalks on S 1,150 >$46,000, or Partial variance, requiring the Country club and $3,300 per lot construction of interior C Hobson Lane sidewalks only (aPrx. S32,000, or $2 3S0 r lot perimeter Paving $5,400 521,000, or $11,000 Partial variance, requiring 1 on Hobson Lane per lot patching and overlay on Hobson Road not to exceed a total cost of $11 000. 1. ' c I A PRIOR ACTIONIREVIEW (Council. Boards, Commisslonsl The Planning and Zoning Commission considered this item on February 10, 1999, OPTIONS 1. Recommend approval as submitted. 2, Recommend approval with conditions. 3. Recommend denial. 4. Postpone consideration. 5. Table item ATTACHMENTS 1. Planning and Zoning Commission Report, February 10, 1999, Variance to Section 34- 114 (5) and (7), Perimeter Paving and Sidewalks. 2. Planning and Zoning Commission minutes from February 10, 1999. Respectfull submit ve Hiil Director of Planning and Development Prepared by: Trine Finney PiannerIt r F 2, ATTACHMENT I a AP* Na!. .may,,, AOMdat kMn Memo U. Planning and Zoning Commission From David Salmon, P.E. Engineering Administrator Date: OZ" Re, Sidewalk Variance for Davis Oaks Addition David Vanderlaan, represe,rting the owner of the proposed Regency Uaks Subdivision located tear the southeast comer of Ilobsm Lam and F.M. 1830 (Country Club "oad), has applied for a variances of section 34-114(17) of the Code of Ordinances concerning sidewalks. The subject section of the ordinance requires that sidewalks be installed along Hobson lane, F.M. 1830 and along both sides of the interior street. The applicant is proposing to subdivide the pro" into 14 large residential lots ranging from I to 9+ } acres of wldch two will front on Hobson I ene. The remaining 12 kris will have access to an interior cull de sac. The applicant proposes no sidewalk improvements. The applicant bases the reason fa the variance request on the large cost per lot for the sAact improvements considering the current development proposal. The Commisvkm may recommend that this exaction variance be approved by the City Council if the following criterion is met. (b) Criteria for variances from development exaction's. Where the commission finds that the imposition of any development exaction pursuant to these regulations exceeds any reasonable benefit to th t property owner or is so excessive as to constitute confiscation or tie tract to be pla.ted, it may recommend approval orvarisnces to waive such exaction's, so as to prevent E such excess, to the City Council. Waiver of developmental exactions shall be approved by the CityCouncil. Staffrecomtmends a partial variance. The required sidewalk would cost approximately 546,150 or about $3,300 per IoL Based on an swage single family lot in Denton, $1,150 per lot would be average. Based on this, staff recommends that the sidewalk is installed on both sides of the interior street only at an estimated cost of opprox mattly 532, S00 or $2,350 per lot. (52,730 per lot divided among the 12 cul de sac lots) It should be noted, that Interior sidewalks may be constructed individually with each home and would not need to be constructed with the stmts. t Recommended Holton: f' 1 move that we recommend to the City Council that a partial variance of section 34-114 (17) be granted j for Davis Oaks Subdivision for sidewalks as recommended by staff as the cost of installing ail the sidewalks required would exceed any reasonable benefit to the property. 3. 1 (N 00'11'01' [ 1 757.15' .1 930P wM E \ r ti `i pit is ~ Is jig rill vo, 1 1-1 84 ( y=yw if M 11 O I 1 .1~ ~}7- .fy . ,1 ss,:sco s 'm la r ,a,aoe s M 10 ` nr• ` ~ ~ - - - ~ 1111 ta` 15 a r ~ ~ ~ 7 (!rt + l4 R a.rerr°M10 ' 0 , R QI FAMA"m Mf {A.. I...;r r' Iff MnCr/oWh,NW !Veeixmlwmwml.+e Agenda No. Agenda hem P~ t)a!e Memo To: Planning and Zoning Commission From: David Salmon, P.E. Engineering Mninistrator Date: 02/04/99 Re: Perimeter Paving Variance for Regency Oaks Addition David Vanderlaan, representing the owner of the proposed Regency Oaks Subdivision located near the southeast comer of Itobson Lane and F.M. 1830 (Country Club Road), has applied for a variance of section 34-114,(5) of the Code of Ordinances concerning perimeter paving, The subject section of the ordinance requires that Hobson Lane be improved along the frontage of the dcm1opmenL Perimeter paving is not required on F.M. 1830 as it is maintaM by'rxDOT. The applicant is proposing to subdivide the property into 14 large residential lots ranging from 1 to 9+ acres, two of which will have frontage on Hobson Lam. The applicant proposes no street improvements on Hobson Lane. The applicant bases the reason for the variance request on the large cost per lot for the subject improvements considxing the current development proposal. The Comndssion may recommend that { this exaction variance be approved by the City Council if the following criterion is met, (b) C riteria for variances from development exaction's, Where the commission finds that the imposition of any development exactior pursuant to these regulations exceeds any reasonable bcnc6t to the property owner or Is , excessive as to constitute confiscation of the tract to be platted, it may recommend approval of variances to waive such exaction's, so as to prevent such cxrrss to the City Council. Waiver of developmental exactions shall be ePPrm'ed by the City Council. Staff recommends a partial variance, The required paving improvements would cost approximately 522,000. Divided among the 2 lots with frontage on Hobson Lam, this.omes out to be St 1,000 per lot. '[he average cost of street Improvements per lot for single family use in Denton is 55,400. Based on this, staff recommends that the do-eloper patches and/or overlays Hobson Lam across the frontage of the development at a cost not to exceed $11,000. i Recommend.dMotion: l /r I move that we recommend to the City Council that a partial variance of sections 34.114 (5) be granted for Davis Oaks Subdivision for perimeter paving as recotnmended by staff as the cost of repaving Hobson Lam across the frontage would exceed any reasonable benefit to the property. 5. t' r - F.M.1930®ono+h V a~ 1 y o ~E 11 t Ir 04 ss I i rl iii-~ : 1 I ^ N ,E~ ~ +w .a tb~x s .oa ex ,n,a.oo t 1 f y, J g' 6¢ it + s~ kit: ~,g its I J I Y~7 YyY•..,•.~•r1Y 1N w.Yw•Y..MM\M MWN.IIAl tp, Apartda k 3 kwbi Aarn ' Memo g, To: PlAnning and Zoning Commission From: David Salmon, P.13. Engineering Administrat: i Date; 02/04199 Re; Cut-de-sac Length Variance for Regency Oaks Addition David Vanderlaan, representing the owner of the proposed Regency Oaks Subdivision located near the southeast comer of Hobson Lane and F.M. 1830 (Country Club Road), has applied for a variance of section 34.114, (11) of the Code of Ordinances concerning Cul-de-sacs, The cited section of the ordinance set: a maximum cul-de-sac length of 1000 feet. The applicant is proposing to subdivide the property into t4 large residential lots ranging from 1 to 9+ acres, two of which will have frontage on Hobson We. The remaining 12 lots will front on an interior : A-de-sac. The do,eloper is proposing the cul-de-sac to be approximately 1400 feet long. The applicant bases the reason for the variance request on the unusually long arrow shape of the property and the location of the crock inside the property, which makes this a physical hardship variance. In order for the commission to grant a physical hardship variance, all Ave of the following criteria must be met. 1) 31: j;wting of the variance will not be detrimental to the public safety, health, or wellure or injurious to other properties. 1 2) The ccnditions upon which the request is based are unique to the property for which the variance is sought and are not generally applicable to other properties. 3) Because of the particular physical surround in gs, shape or topographical conditions of the particular property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations is carried out. 4) 'rho variance will not in any manner very the provisions of the Zoning Ordinance, Denton Development Plan, Master Plan or Studies, except that those documents may be 1 r amended as prescribed by law, I . I 7. y t 5) The !aerial or peculiar conditions upon which the request is based did not result from or were not created by the act or omission of the owner or any pr-vious owner, subsequent to the date of creation of the requirement from which a variance Is sought. Staff recommends the variance based on the following. 1) Granting the variance will not ix detrimental to public health, welfare, or safety. Cut-do- sac length is generally restricted so that the number of resieents or structures in a ono- entrance subdivision does not become excessive due to concerns with emergency ingress and egress. In this case, there will only be 12 lots on the culde-sac, whicb is about one third the number that could physically be placed on a ICO0- M cul-de-se. In a sinple family seven situation. 2) The subject property is over 2600 feet deep and is divided by a creek about 800 feet east of FM 1830. In addition, *3 floodplain for this creek is relatively wide. The shape and features of the property are such that for large acreage lots, limiting the cul-de-sac to 1000 feet would make it nearly impossible to provide frontage for 12 lots. 3) As states: .1 number two above, the developer would need to change the entire develo^ment scheme to make a 1000-foot cul-de-sac work This would be considered a hardship rather then am inconvenience. 4) Granting the variance will not vary the provisions of the Zoning Ordinance or any of the City's master plans. 5) This property was in this configuration before 1988 when the current street section of the Code of Ordinances was adopted. Recommended Motion- I move that we recommend to the City Council that a variance of section 34-114 (11) be granted for Regency Oaks Subdivision for Cul-de-sac length as there Is a finding of physical hardship due to the shape and topography of the property. t 1! l~ ~ ~ 11 1 I •i F.M. 1l301nuM 1 J `•`~U` 10 ~F l 1 SY $ 1 !q tl I ' • 9 N I q N • ark i+3s+ c^ . IN t • . ;r4~ Y.i / I ~ ,f~ r M .cs,tbao s I.la eos w ,a.xoo s % sr cim IL ~ e s ~ r..r.w.. w....... MI r!R'J1CL1 m ss I I!1 ~ a 9 ~ - Condei ATTACHMENT 2 page 17 page 19 i I pro ~ the tuff report and recommendation. 1 exaction variatsoa of Section 34-114 of the Code or 2 Ordinances conoaatng perimeter paving for Hobson Lane, 32 as NlusrN: W. Clair, Coamusekmas. wee, , w mentioned by W. Check, this 1110 consider 3 And Item SA-) is to consider exacdoa variances of 4 approval of the peel minwy pint for Lon 1, 2, and 3, 4 Section 34.114(1 lb) of the code A Orditssnces concerning S Block I or "he mit Street Sation. The plat don S eul-de-sw length for the proposed plat or the Regency 5 conform to am minimum subdivision and land development 6 Oaks Addition. Mr. Salton from the Enemering 7 regular ono Kith tine accept on of the aidrwalk variance. 7 Department is going to provide the tuff report. 1 R And the Dc clopment Revkw Comminee roeomme:nda approval g guess we wcutd turd to take these one at a time, sins j 9 cro ungrnt upon the aWewaik variance. 9 we'll need to vote on each one individually. And" 10 sat BNOELBREM: Any queatIOna for 0afa7 10 could start with the sidewalk variance. I i tut Mo;zNa okd you say contingent upon the I I MR, sAt mom okay. Thnlc you, Chair. 12 approval of the sidewalk variance? 13 David Vanderlaan, representing the owners of the i 13 tug. nTtsvEN, v'es. 7be way 1 understand h, 13 prop y i subdivision, Regency Oaks, tuts applied for the 14 14 the appik an, bar the option of oppesting you decision of our standard t tN'alk require t. t 3 to the City Council; is %at correct? 1 S cited Ordinance requires that ddcwalks be installed I6 eong the perimeter of the development, along Country 16 tAa Bt cErL well I m nk wLt they're 17 trying to make clear, your stateatent Said the surf 17 Club Road and on Hobson Lane and also that sidewalks be 13 recaomundatioa was v,dngan on approval of the I8 installed along the interior 6=1 clown as the plat j 19 aidr;walk variance and the soft rec0lMlettdatioasuar t9 document 20 sgalnst the VsAsnce. So I mink ws man Ant the surf 20 The applicant bases the reason for applying 21 recon~ at4et oa has been followed when you den ed It. So 21 for the variance on flee cost of the sidewalk compared 22 mavs jig nxommendadon we want you b support, that 23 with other similar types of developments which, of 23 crux, again makes this an exaction variance. You'll 23 Doc IS suPPOrting. 24 be making your recommendation to the City Council, In 24 staMOaaNU tthink Iundaatand. 25 Not. ENOELPRECHT: Sat 014 point out that in 23 this ease, staff is going to recommend a partial Page 18 page 20 I the backup with regard to this cam, it says public I varianoe. The total cost of sidewallu for this 2 improvements, and there are three items listed. The 2 subdivision, and that includes the ctd•de•sac, 1830 and 3 rust one says construction of sidewalks along all 3 Hobson Lane, weuid cost approximately A little over 4 public streets untrsS requested variance Is granted. So 4 f46,000.0n, which translates to 53,300A0 per lot, 3 I believe we would simply recommend approval of the plat S Again, on average, it costs about 51.150.00 per lot to 6 with the three items striking the variance, 6 build stdewalk for an average single-family resldrntial 7 MR. SIOAENC, Thank YOU T1ral'a very 7 lot in Denton. It belpful. s Based on this, staff is recommending that 9 MR. ENGELBRECHT: Any other questions for 9 the applicant or that the developer not have to build to stafft Any other comment or A motion? 10 the perimeter sidewalfa on PM i a3o or Hobson Lune, but I1 nlE: I move to recommend approval l I that they would Install aidcwalW along the frontages Ms. oouR 12 with each Individual home. The total cost of installing 12 of the preliminary pier for move to recommend IS the Sidewalks on the eul-de-sw by itself would be about 13 Ma wsHEta second. 14 MR. rNOELBRECHT: DOM moved and worded to 14 $32,800.00 or about $2,350.00 per lot. IS approve. Discusstcm on the ttotio0 All in favor nix Is Again, l would like to note that on Interior 16 you raise right hand Motion carriesunailmauly. 16 sidewalks, the developer don have the option of Item 8 this evening then Is in a n umber of 17 constructing them with the street or putting e s an 17 i s part. It's regarding the Regency Oaks Aciul000, which it escrow and postponing tAnstruction of those tide alkt r / 19 Is it 41-acre tract located on the east Side of Country 19 until each Individual home is built. I'll be glad to r about this articular 20 Club Road and the south side of Hobson Lane. 20 answer questions You may have P 21 6A is to consider making a recommendation 21 variance. And the applicants may be in the sudirnce. 23 to the city council co mming exaction variances of (1) 32 MR. ENaELBAECHT: Questions rot Mr, Salmon. 23 Section 34.114(17) of the Code of Ordinances conreming 23 Yes, Ms. Goordie, 24 sidewalIcs on Hobson Gne and Country Club Road. 2A Is 24 MS. OOURbI?; W. Salmon, I I" I'm is section consider making a tecomntendatlon concerning 3S perplexed. You want to give a variance Pto LA: dg0 17 w ga 2 The Reporting Professionals (940) 484-6053 10. . t Condeaselt"' Page 21 Page, S I on Hobson and 1830 andjust have Sidewalks on the 1 MA sAt.MON: We've had Interest from 2 interior of the subdivision, Is that what • the 2 different arw. 1 guess spaifically, Forest Aidge ? variance is a partial? 3 Subdivision within the last, oh, I would my throe i 4 MR, SALMON: That's an option that we're 4 yeah, we put a bicycle lane along Forest Ridgy Drive at S recommending, S the request or the midents. So there has beat some 6 MS. OOURDLe: Okay, Can I ask why? 1 guess 6 Interest in having sidewalks and bicycle facilities for 7 I'm perplexed because traffic It's a very secluded 7 some of these neighborboods, s aces, and 1 guess 1'd rather we sidewalks on the major 8 MIL ENOZLBRECHT: the reason 1 ask that Is 9 roads versus in the subdivision itself, 9 because It seems to me that if that's the can then that 10 MR. SALMON: Well, I V409, I was trying to 10 Is one of those arm that's In demand and if we were to I I be somewhat consistent with what we did on the Davis 1 S allow A vartanoe for that, it misht be In the I3 Oaks Subdivision a couple of months ago. l lwy had It developer's best Interest to build it anyway. Because 13 applied for a variance of the sidewalks along 1830 and 22 there's a market demand for it, for aldcwalks inside, as 14 Hobson, And that varianen, was granted, so I guess 14 opposed to the external sidewalks. I guess I'm getting Is trying to fitdn; with that, I thought It might be is to what Ms. Gourdie's asking and It seems to me that 16 appropriate to ha%T, the internal sidewalks is opposed to 16 maybe if we wtnl the other way, and we have the variance 17 the extemci sidewa;ks. Both eels of sidewalks play 17 on the Interior sidewalk, they can do what they want, is different roles, and I think that tnfght be kind of where is but the market seems to be demanding them If they 19 you're going With this, 19 don't want to build them In there, that's okay. We 20 A perimeter sidewalk Is usually a sidewalk 20 haven't aid they had to but 21 that around the edge of a development that provides it MIL RISHEU H Seer a like the purpose of 22 transportation to people that sometimes are just passing 23 aldewslks along the main roads Is to be able to move 23 by or people that live in the subdivision to go to a 23 from one neighborhood to another neighborhood. And 1 24 destination outside of tiA subdivision. An interior 24 think we're getting more and more that we Wad to 25 sidewalk provides riot only transportation for residents 2s encourage that type of activity as we look at the next Page 22 Page 24 1 in the subdivision to get out, but it also provides a I subdivision In mediatcly down the road, which it,1 2 way for neighbors and children t, ;o from house to house 2 guess, Forest Ridge, Seems tike that's a fairly 3 or within the subdivision without being Inntm s 4 walkable and the fa neighborhood bee and we nice whatever, thinks 4 So 1 guess wtlghing the two, we thought s case, in light of the last variance, that the internal 6 that M0. ENOELBRECHT; Net Only that there Is 6 sidewalks may be more important, t Ms. OOURDM 'thank you. 7 Sidewalk already along Hobson Larne In that area. And we 6 MR. IF 40E.LBRECHT With regard to that last 8 have a large, large park doom dire that would seem to 9 variance, there was a dfference in the m9e that 9 be appropriate to track pe&strlan traffic and, 10 wasn't that just two or three large lots? 10 @krerore, it would seem appropriate to have sidewalks I I M.A. SALMON: There were four Iota. Thm I I along Hobson Lena 12 Sots were for single-family residential, and thou one 12 MR. RISHE4 so my thinking Is just the 13 tot on the corner was for office, And the variance was 13 opposite of what the City is thinking becaux t see this 14 granted such that the office development would put In 14 as a fairly controlled environment, twIghborhood•wbe, Is sidewalks, but not the single-family residents. Is and maybe the access of walking In the streets Is fairly 16 at R. ENti£r,BRECKr There was no Interior 16 logical as other subdivisions tend to do with the idea 17 street, I don't believe, was there? 17 wt'M trying to connect nelghborboods along the main is MA. SALMOsh Correct, is road and that would be a natural to be able to move r - 4~ ` r 19 MR. ENOEtBRECHT: All right. So there Are 19 toward the pads and keep off of a very congested 1830. 20 some distinctions. And it Sams to me that %,a have 20 Ms. ENOELBRECHT, Exactly. 21 heard from it number of folks down here that have asked 21 MR. PowEw Mr. Chairman, if I may, sit, 22 about Stdcwaiks in their neighborhoods, about why we, rs 22 MR EN09LARICHT: Yell. 21 a City, haven't put those in in the past. And I ay 23 MA POWELU You mentioned that there are 24 that isn't that correct, haven't we had a number of 24 sidewalks on Hobson Lane In this area. My memory Is 23 people 2s just the opposite, no Reporting Professionals (940) 484-605 Page 21 • Page 24 11. i t, I l Condemelt°` Page 25 Page 27 I MR. a2SHEL: Further down. 1 tfm-fourths of it mile to the nearest sldcwslk, it's 2 MR EVOr,LBRECKT: t meant further down. 1 not a mile, my memory Is that all those lots between are 3 Down by Fmit Ridge. 3 already developed what took to be large•acrtage home 4 :,4 OWFLDIE: Teasley. 4 sites. And they don't appear to be somethiryt that's s MR. EvaELERECHT: Tee entrance to the Forest s going to be subdivided, at last, In my life. So 1 6 Ridge Subdivision and the Montlceto Subdivisen and, In 6 don't ever we another sidewalk between has t:mil You 7 essence, by the park and all that, And 1 believe all of 7 get down to the park. And you're going to stick 'his e those were put in originally because of the ecbooL 1 one here by itself. It's one of those sidewalks to 9 And, again, if were going to have a build-up of 9 nowhere, '[hat's what I'm gcnin+'t, to residential or whatever along Ilobson Lane, seat n.1 10 MR. RISHEL+ t understand what you're I2 don't think we're within bussing distance of the school, I l saying, 1 think eventually that's going to develop out, 12 end we're going to have to have sidewalks along Hobson 11 either on one aide of the road or the othct side of the 13 Lane because the children are going to have to walk to t3 road, it would be nits to be able to get mobility 14 school, 1 don't believe we're - 1 think It's, what, a 14 through there, If we could. is mile and a half now, or have we gone to two miles for is MR SALMON: lust as a matter of,1 guess, A it's either a mile and a half or two miles for grade 16 interest, it looks to me looking at the plat that you've 11 school, And I don't think that Ni location would move 17 got approximately 1,300 " A little over 1,300 fact from is us beyond that limit for walking. So It would seem I I the cut edge along Hobson Lane to the Forest Ridge 19 that, again, sidewalks would be appropriate along t9 Subdivision, And than I know you've probably got, you 2a Hobson, M know, several hundred fact from the edge of Forest Ridge 21 MR. fOwrLU 1 would assume that from this 2 i to where their entrance Is. And 1 think the sidewalk 22 property to the sidewalk that you're speaking of has got 31 starts at the entn.`oc to Forest Ridge. I don't think s bait would be that 23 to be a mile. It seems that way to me anyway, I've 1) It goes past at point. the range of estimation 24 never walked It, I've only driven It. you're probably mile or 21 Ma. RISHrL I don't know if I'd want to 25 maybe even a little bit less to the sidewalk. Puge 26 Page 29 i walk it because it's pretty high-speed traffic though I MR. IUSHEL, And, once s4ldin, not a road I 1 there, 2 would like to walk, 3 MR. Pd3WELL: 1 agree, But the point 1'M 3 Ms. CAmR; To me, if you've got sidewalks 4 getting at Is that's large country-style residential 4 on 14 that encourages peop!c to walk, 1 don't want to s lots bctwccn here and the sidewalk, And as far as 1 3 walk on it, I wouldn't kt my kids walk on it, if t bad 6 know, it's all developed, 'there are structures on emy 6 any. 7 lot except this one. And there are no sidewalks. And 1 MR, ENOELARECHT: Well, they do walk on it 8 I've got just a gut feeling that those people that live 1 now to school, many of them. And this is always an 9 Along there don't want sidewalks. 9 Issue, what you brought up, Mr. Powell, In many PIAUI, 1 10 MR. RLSNEL t don't think it's all to we have we're building sidewalks and we have pieces 11 Jcvelopc& 1 know the other side of site road I I that aren't connected. And the question always i4, do 12 MR, POWELU Well, the other side 17 not. 12 we put that piece in and then plan to connect the other 13 MR RISHEL: - is fairly Open. I I one either wilt public funds or through development in 14 MR. POW'ELL: )'ace, 14 the future, in this particular ease, I think we tan is MR. RISIM,1: And there's some still some IS probably personally I beam-e we could argue both 16 major houses or rcsidenoes that sit way back from that I6 ways, that it may not 6,ftlop In out lifetime, but 17 area as 1 drive along there, But I think part of our 11 alternatively given what we've rams in the area, there [I purpose is to provide safety f x children and to connect III sans to be the possibility that thW space in between r , 19 mighborhoods. And that's part of what we try to do 19 then, even though it's occupied as A residential right E 1 20 with sidewalks. So I would be almost, as 1 say, more 20 now, could well develop tt higher density In the very 21 concerned that connectability than what they have on the 21 near future. 22 Internal structures of the lot layout, 22 MR 111,13NEU 1'd like to bear from the 23 MR, POW ELL: Well, I would agree, Salty, but 23 petitioners and neighbors in that area, if we could 24 this let's assume we put a sidewalk in front of this 14 MR ENOELIRECMr: Ms. Gourdie, do you hsve a 25 lot, and let's assuma I'm wrong and kt's only 2s comment? page 25 • Page 2 The Reporting Professionals (940) 484-6033 12, t Cond6nacitr" Pale 29 Page 3l l MS. OOURD1E: No, I was just Solna to say. I there which makes putting the oldewalks In extremely 2 1 think wheel that other one came through, we had 2 more expensive than a typist Sr-10 lot. 3 discussed whether these would be other developments kAs far Is exterior eln and because b nine acres 4 stoma the way. And that wet put of the point was.1 4 of the rgh e S think we granted it because we didn't feel there was S to tit north of us was not going to hove sidewalks put 6 going to be anything built out. But now we are proven 6 in, hat would be one single-fatally home on that 7 wrong. We probably erred In our ways of making that 7 pro xrty, there were going to be two single-family hoer es S dec6to-3 last time. And now we'll probably have to fix 6 put o rtapproxim approximately t moms &they -halfacre tracts on C., required to 9 our r.dstakcs. But we have to look forward now. And 1 9 prolix y they 10 truly believe that we can't make this mietake because we 10 put the t xterior sidewalks In. I I were wrong in our first judgment and thinking that it I I ','his particular nine acres on this aide was 12 wouldn't get developed out, but it did. 12 being b oken out into two lots with one family, one 13 MR ENOEt.BRECHT: N the petitioner Of I3 specific family going to build on this site with the 14 petitioner's rcprewntative present? If so, would you 14 potential of allowing snother family to bulle there. 13 care to make a statement or answer any questions? If I S There would be no street into those lob, / nd we just 16 you would, give us your name and business address for 16 felt like because of the neighborhood altu doe and, 17 the record. 11 Basin, the sidewalk going nowhere, that we ask for that Is MR Rao: Mr. Cholrmam, my name Is Vince Is varianoe. Doi anyone hove any questions? 19 King Buslness address is 313 South Locust bere In 19 MA ENOELSItECHT: Mr. Pishel. 20 rtnton. My wife and I arc developing this property 20 MR. RismtA Yeah. I'm not quite slue how 1 21 because we want to live In the property, We fell like 21 /cars this tot 14. 1s there Solna to be a curb cut on 22 for a long time that there were no developments in the 22 Ilobson? 23 Denton area that had larger space, weren't cramped, and 2) MA "G No. There would be a driveway 24 had the larger lot saes. We were interested in 24 coming up that area right there. 2S developing something like dds 25 MR. R;SHEL: from Hobson? Page 30 Page 3 1 This property, most of it Is zoned SF4o end 1 MR.1uva Yd, that's correct 2 we could have gone In and broken it up that way, but 2 MR. RISHEta is that currently assessable 3 that's not the type of neighborhood we wanted to live 3 for a curb cut there? Seems like that's right on the 4 In. As far a, the cul-de-sac, we're going to have 12 4 top of the hill; is that right? j S lots In here, so the traffic it is a cul-de-sac The S Mil . R's not at the top of the bill, j i 6 traffic will not be very high. There will be limited 6 it's closer to the bottom of the area. traffic up And down that stmt, limited cars up and 7 MR. DONALMON; It's right text to the s down the street s driveway of the adjacent pro". 9 There are over 1,300 nice, beautiful oak 9 MIL YJSOo That's right. The Woodson's 40 10 trees on the property, I've counted most of them myself 10 acres. 77mre's a driveway along that property line to I I so I know. We're very int Tested In trying to prthen'e I 1 the east e4hi now. 12 as many trots as we can and we will be putting In, I2 MR. "AttMON: Two lots would shaft a 13 because the lots are all one-acre and larger, an estate 13 common 14 street section, which it similar to the one in 14 MA RUSHER so the egress has already been IS Serendipity Hills door In Corinth. It has a 60-foot is approved, W. Salmon? 16 right-of•way or which a majority of the right-of-way or A MIL SALMON: It really hasn't been approved. 11 it lot of the right-of-way Is taken up by bar ditches or 11 With this plat, they're going to be muM to have an IS roadside ditches to either at&. So it will not be curb is access easement so that both drivewayt will have to 19 and gutter. 19 share one lot And that would fall that would mat A 20 TO put sidewalks in an area tike the, we 20 our ordinance requirements, and that would be approved i' % 21 just felt like was taking away from the country feel and 2I at the time that the buildima permit was applied for. 22 the country look that we wanted inside this development. 22 MR. RISHEU so do you anticipate my 2) And the size of the IOU with the exception of the two 2) difficulty there, W. Salmon, with regard to mold no 24 lnu on the east end, you're talking about 300• and 24 aliowenoe foe axes to Hobson lane? 2s 400doa dghtrof-ways or 300• or 400-foot distances 23 MIL SALMON: No. 1 think by providirta one The Repotting Protestiootde Q40) 494-6453 Paige 29 • Page 13. t, r. Condernseltt'd Page 33 Page 35 1 drive for two lots, it meets our requirements and what I Ms. ooL7tole: so its sidewalk is placed in 2 our Ordinance Intends to do. 2 there, would it have to be placed back at that setback 3 MR. Pima: I'm not quite sure, As I look 3 to acocrnmodate this widened road or would it be plead 4 at your picture here, are you suggesting that this 4 where the road Is cnrrently'1 s subdivision is not going to have curb wad gutter? 3 Ma SALMON: with this subdivislon, As with 6 NIR, KING: That's correct, It's wheys 6 Davis Oaks, they will be dedicating additional 7 called an estate street estate lot street section. 7 right-or-way w that there will be a tow or 40 fat or 1 MR. ENOELBRECHT; while we're o i that, l s right-of•wgr measured from the center line to the 9 wonder if Mr. Donaldson might review for u+, this Is 9 existing ps-ement, That's enough right-of•way to build i0 zoned SF-7, I mean, SF-10,1 believe? 10 four lanes with a n"an. So what we would want is that l l MR, DONALDSON: With the exception of the, I I I they would build the sidewalk against the back or the 12 guess, the northern parthardle, the balance is SF-10. 12 right-of-wsy, so that when the street was constructed to 13 The northern panhandle Is a PD that will have to be 13 its ultimate width at Some point, we would not have to 14 rezoned to accommodate single. family houses. 14 disturb It. Is MR. ENOELBRECHT; if zoned sir-10, how can we 13 Ms. owitDiE: shank you, 16 put an estate Street? 16 MA. ENOELOXECHTi t Wonder it you might give 17 MR. DONALDSON: That's a function of the lot 11 the sort of staff reasoning. If you could, with regard I s size. If all of the lots am a minimum of one more, it to why in the preceding case, Start didn't mommend 19 ther, they're allowed to do the estate, 19 any variance, any allowance particularly on Industrial 20 MR. ENOELBRECHT: Okay. I was thinking We 2d Strut, which is --has no lei Sth at all, and it's not 21 had to zone It es estate? 21 very likely to generate much ptdestrian traftle. And in 21 MR. DONALDSON: No. 21 No particular case, and those were much ku exMilve 23 MR. FNOEI BRECHT: Then Let isle ask you. 2) lots, obviously in an attempt to developing some housing 24 Would this since it's zoned SF-10, would US not 24 at a lower cost, why scarf didn't have any' 2s allow someone to come at a later date, subdivide the as recommendation for Any cut then, and yet they did here Pare 34 Page 36 1 acre lots and, in essence, make the area more dense in 2 le a situation where we have a stmt which has a lot of 2 which case we had estate-type stmts. a traffic and would warn appropriate to 3 MA DONALDSON; Probably. 3 MA SALMON: well, again, we have to be very 4 MA MORENo I didn't hear your response, 4 careful to be equitable and that we arc aced that an s Mr. Donaldson. s requirements, l guess, meet the Lest of being ' 6 MA DONALDSON: Probably, We would catch 6 appropriate or proportional to the style of development. 7 that sort of thtng through the planing process acid t 7 In the previous cage, the sidewalks were coming In the s don't know the position or the Engineerbng 1 range of about S 1,300.00 per lot. In this CAN we're 9 Department, they could, in fact, require that they 9 getting up around $3,300,00 per lot, I don't think In to upgrade the strcd section in order to accommodate the 10 terms or lot costs, l don't particularly think It would I I smaller lots. I l be staff's place to determine the cost of a lot. 12 MR. ENGELBAECHT: Yeah. We eould require 12 1 think the way we Cord to look at It is the 13 them to upgrade that one part or the stroct, okay. Any I3 car l that you'vt got one house and a femily living here 14 other questions for the petitioner? Okay. Thank you. 14 and they have •X" amount of need for a sidewalk and we 15 Yes, Nis. Courdic. 1l would assume .at any famlly, regardless of the cost of 16 Ms. omP.DiE: air, Salmon, is Hobson is the lot Is going to have approximately the same need for 17 scheduled to be expandod, curbed end guttered, any kind 17 a sidewalk, is or it -~vemcnu on It whatsoever? 16 The issue with traffic, yeah, ] would agree , 19 MA SALMON: We have no planned improvements 19 in this case, we certainly have probably snore of a need r 4 4 20 other than maintenance activities In the foreseeable 20 for sidewalk here due to traffic concerts. And in this 21 future. Hobson lane is a secondary arterial on a 2! case, I guess we've jut got an awful tot or st,,et 22 mobility plan, which mans that ultimately It could have 21 frontage and verl few lots and arc trying to tenet that 23 four lanes, two lanes In each direction with a median. I) criwis of being equitable, 24 But there is no plan In the Capitol Improvements Program 24 MR ENGELBAECHT; Okay. If I could, I'd 25 to widen or expand the street in the totaoable future, 25 like to ask you one questlon, and then I'd like to ask 's'he Reporting Professionals (940) 484-6033 Page 33 • Page 3 CondensoltvM Page 37 Page 39 I Mr. Bucak a question, lids is true but anytime we hive I recollection the case dealt with street construction. 2 one-acre lots, we're always going to have that. Anytime 2 And many cities In the '809, when It large development 3 there's a large lot, they're going to wind up with a lot 3 came In, maybe It was 50 acres, and It was coming In an 4 of frontage, it seems to me that that's the nature of 4 area that 1rou were going to UMMAL sly have s foty-lane S having the large tot, that they're going to wind up with 5 divided highway, okay, because this was the first 6 a lot of street frontage and therefore a much higher 6 developer that came through, you would require him to 7 sidewalk cost. Is there anyway around that? 7 build dl four lanes of that highway when he was only on 11 MR. SALMON: We're Up here a lot with these 8 one side of it. One of those cases went up, and the 9 sidewalk variances on Iarge acre lots. It's very, more 9 Supreme Court ruled you have to hate a rational basis ' 10 often than not, we usually have some sort of a 10 behind these things and that there's n3 way that this I I recommendation for a partial variance either putting a 1I guy on one side Is creating tai or the pr0lem. He 12 sidewalk on just one side or the stmt or something 12 shouldn't have to build it all. And it said that you 13 similar to this, When you get Into this site of lot I S had to look at exaction variances. That's where this 14 here, It's somewhat border line. You know, a lot of 14 term came out or that ease. And it just said that when 15 tines we get into situations where the lots are five and 15 the cost to the developer to do that results in what's 16 ten acres s piece. And then the cost of sidewalks per 16 called a confiscation, that, basically, that cost is so 17 lot Is, you know, sometimes 510,000.00 and S 15,000,00 11 high that be cannot really develop, then we're going to 18 and $20,000.00. I8 avoid it, okay. 19 And to, you know, l f Less there's it dividing 19 So as a result of that, we added this 20 polni and I guess where we have to be careful and 1 20 exaction variance In here which rowont and because 21 think maybe this might be where Mike was going to jump it that's an Infrastructure cost, that's why you only make 22 in was, you know, our Subdivision Ordinances are 22 a recommendation to the City Council. What happens is, 23 specifically set up to try to be equitable and we can't 23 down the road, if someone gets run over in this 24 create Ordinances or require things that am more than 24 development, and there It enough of s problem &bout It 2S wLat the development Is required bated on what their 25 because they got ran over in the road, you know, the Page 38 Page 4( 1 proposal is. So 1 don't know If 1 really answered your I political pressures of that, the City Council will 2 question. But it's very difficult when you gel Into 2 expend city tax dollars to build that sidewalk from here 3 these large acre tots. 3 all the way up to connect It that's the reality of 4 MR. ENorLBRECHT: well, 1 understand that 4 lawsuits. 5 you Indicated that this is you're sort of at a border 5 And so the end result Is you have to try to a sire hem where, you know, well, one acre as opposed to a build as many of these as you Can with the developments 7 sr-to as opposed to ten acres and so maybe this it kind 7 to keep the cos! of the Ocneral flmd down. Well, what 8 of a border ama where It Is difficult. 8 happens, we, v tryina'to balance that here and we're 9 Mr, Bucek, I wonder if you might talk about 9 trying to say at some point when the cost of that 10 exaction variances versus hardship variances. I o sidewalk is so extreme, we've got to grant some type of I I MR. BUCLK, Yes. I think 1 happen to be l l variance. And vrhat Dove is Saying is, In the prior 12 here In '92 or '93 when we mede theserecent amendments 12 cast, it was $1,100.00 Of $1,200.00 per house, that's 11 to the Subdivision Rules and Regulations and we added 1) consistent with who it always is, so there's no basis 14 this exaction variances. Prior to that, the Ordinance 14 foe a variance. IS only allowed for hardship variances, which meant you had I S As it moves higher and higher up, 53,000 00 16 when the City passed its sidewalk Ordinance prior to 15 now, the question Is where does it become confocatoy? 17 '92, it said there's going to be sidewalks in front of 17 Okay. Now, In reality on these site lots and the kind 18 every house and on every perimeter street and that was 18 of horses that are probably going to be out there, it may r 19 the law. So Lhere was no basis for a variance unless it 19 be hard to Say dds Is going to be confiscatory because 4 , 20 was based on a hardship, which meant the lay of the 20 if the homes are $150,000.00 or $200,000.00, then ! 1 21 land There was the drainage features, one of thow 21 $),000.00 sidewalks may not be confiscatory. 22 kind of thingsjust made it implausible to have a 22 But what Davitis trying to do, he's trying 23 sidewalk, you could get s variance 21 to corns back and suggest a way to build less tidc"Iks 24 In late '91,1 think It was, the Supreme 24 to that we Id him closer to how we're treating 23 Court ruled and It wasn't really a sidewalk case, my 25 everybody else that's building sidewalks. And, boy, Pap 37 Ito Reporting Profesglonals (940) 484-6053 • Page r 15. .1 l v 1 IIII CoDdCoSoltn4 Page 4l Page 43 1 there Is no good standard that the Supreme Court has I the character of the neighbor and the size of the lots 2 given us to try to figure out how to do that. So that's 2 is what I'm reaching fort Have there been any S why we have the problem you're (actttg today, 3 precedence to gulde us it little bit there? 4 MR. ENOELBRECHT, Thank you, Mr. Busk. Ms. 4 ma, otrcE* Well, the best solution is to S Oourdie S amend the Ordinance, the sidewalk Ordinance. And, Dave, 6 MS. GMRDIE: Yd like to kind of work this 6 comes rte if I'm %Tor$ and you could put a requiremenl 7 outright now, is tiers any way because, to be bonest 7 In that lots over a =Uln frontage on the road, a 1 with you, I'd like we them - the exact opposite of 1 certain width, that maybe you would have in like a 9 what staff is proposing, to kt it be estate. I think 9 one•scre lot, that that Ordinance wasn't applicable. to the King's have a beautiful plaa. I like the picture of 10 And what the problem that the CounclI faces and you face I I Serendipity Ifills, 1 think that's wonderful, and I I I Is that we're supposed to give u much welght to the I I think Denton needs that, But 1 think our roads need to 12 Ordinance u we can. And because these issues weren't 13 be taken care of, the major road,. 1 mean, Hobsm I I S out there, Mr. Moreno, In prior to 191, the Council 14 know Is a secondary "riot, but it's a major road 14 didn't draft the Ordinance with that in mind. 15 because it leads to different ptsoes. 1 wotdd like to is We have granted some variaom when we 16 we us - have the King's put sidewalks on the outside A dealt, l th i tat, with oft-acre estates. There's been l7 of the subdivision on Ilobson and 1830 and let the 17 some of shoat areas where we have not requltt:d those 16 subdivision be a subdivision of 141outes, which I don't 18 Internal streets, t believe, but therc'a been sons that 19 believe Is going to have a lot of traffic like, when we 19 we have. And a the cleanest way Is just to amend she 20 speak of forest Ridge where you've actually got this 20 Ordinance so you're not in a variance situation. The I I huge subdivision of hundreds of homes. You've gM 14 21 law says this when you have it lot of varlanas that arc 22 homes. You've got 14 neighbors You're going to know 21 being granted, that means it's time to amend your 13 your children. You're going to know everyone to that 23 Ordinance, ?bat's what the Court tend to Say. Dart 24 area. And I e7n't think you're going to have excess 24 that's the real solution k to smend the Ordinance and 23 traffic, so I don't think lt'a necessary. So 1 would 23 solve the problem. But, Dave, in hie response, lave we Page 42 Page 44 1 like to toe us approve that f' U's everyone else's I given variances on one•ccre lots on sidewalks? I mind set, 2 MR SALMON: Yes. There have ban - of I MR. ENOELBRECHT: All right. Any other 3 course, they're always required regardless of the size 4 comments? Mr. Powell. 4 of the tot. There have ben several variances over the , 3 MR. POWF.LLi Question of Mt. Salmon, Sir, S years for loo that were over an acrd 6 on liobson Lane, what kind of drainage do we have there? 6 Mil. ENOE1.11RECHT: Let me ask W. Donaldson 7 is that a bar ditch? 7 to comnreM on a couple that we've had recently. 6 MR SALMON: Yes. 10it bar ditch at this 1 WL DONALDSON. David, I'm thinking that we 9 well, actually the entirety of Hobson Lane has bar 9 grantee a variance in Lakeview Rincht. 10 ditch drainage, 10 MR. SALMON: RIghL Well, in that ease, It i 1 MR POWELL: 1 thought so. Does that mean 11 wit a partial. 1 think I* have to do sidewalk on one 12 that the sidewalk would have to be bolts In the bar 12 side of the west. 13 ditch? 13 MR DON.ALDSON: And Oft we did, l wasn't 14 MR SALMON: No. In this case, l would 14 Wi, but i think for Hills of Argyle, is there an 13 Imagine that if a sldcwalk were constructed, it would be IS al emadve pedestrian plan with pathways and that tart I6 directly behind the bar ditch. 16 of tiring? 17 MR. POWELL, Thank you, 17 MR. SALMON: Right. With Hills of Argyle, to MR FNOELBRECHr: Yd, I1 there was also a partial variance. They were'- in r 19 Mx. MoaEND. Question fa Mike. Mike, you to addition to doing an alternative pedestrian access, 20 spoke to Issues of cost and potential confiscation and 20 which Is int^mal, they also were required to put their r I1 matters bil a that, I kind of like the first of all, 21 aldc valks in along Brueheroek Road on she perimeter, I3 1 am a fan of sidewalks because I do use them from time 22 MR. ENOELBRECHT: on the perimeter. r 13 to time, but when we're looking at this site of a lot, D MR. MoRENO And to what I'm hearing is 24 is there no - I gut4.s, what am I trying to say, 24 then Is, at least, some precedence for gtanting the 23 potential to deviate from thou laws simply because of 23 variutce if that's what we do tonight, is that a very 4 The Reporting P2ofessionats (940) 484-6053 Page l • Page 4 16, t, 'i CondenschrA I Page 45 Page 47 I genermlW 1 for S 10,000.00, then is tnis developer, you know, 2 M0. 9UCEKi Yea. I want to be sure you're : getting a break, I think what Mr. WSW may be saying ) clear. The concept of confiscation awns that W ) is, is ft difference in that cost something he could 4 $1,200.00 a tot, the developer could possibly sue the 4 escrow for other sidewalks in that area, off-site 5 City if we sold there's no variance. He could ay that s aidewaN, that would lie Into farther up the road 1 6 was confiscation. if *,%at you're doing Is reducing that 6 mean, do you have a feel of what it costs to put the 7 amount, if you're doing, you know, maybe not doing the T sidewalk on Hobson? I side tike Ms, Courdic ays, you're still requiring s MR. SALMON: Sidewalks, we're using a little 9 sldcwaiks somewhere, but not here As long as there's 9 over $12.00 a linear foot right now for rough 10 some degree of sidewalks supplied, then that means 10 estimating. I I you're trying to treat this case as fairly like you did I I MR. BUCEK: what is your frontage on if 12 the others. And so you certainly can do that. 12 you just did it along Hobson, what would be your 12 The main concern we have Is when you waive 12 estimate? 14 all sidewalks. When yuu waive all sidewalks and this 14 MR. SALMON: On Hobson Lane, the frontage of IS person doesn't pay for any sidewalks and all of the rest IS this plat Is, it looks to me like about 370 feet, to 16 of the development community is, that's when you're 16 you're looking at maybe around S4,000.00 plus for 17 sometimes found to be found arbitrary and capricloua 17 sidewalks @tons Hobson by itself, Is MA MORENo. then you've treated this 11 MR. ENO£LBRECHT: And let's just go ahead 19 developer differattly and really don't have a good basis 19 and add In Country Club, 1810. 20 for doing that, 20 MA SALMON: I W, We've got 700 fat of 21 MR. RISHEU so the question that I have is, 2I a little over 700, so you're looking at 7,000 feet of 22 are we looking at where the place;cent of them sidewalks 22 a little over, maybe about 1,100 fat you're 23 should be or are we looking at rocs paid to lieu of 2) somewhere in the range of 14 sidewalks built? 14 MS.OMRDta: About 513,000,00, $14.000.00. i 25 MA SALMON. Well, In this case, 18 uess 1 25 MR SALMON: Yeah. Page 46 Page 41 1 won't have a real clean answer. But In this can, if 1 MK POWELU Mr, CbaiMy, I. 2 sidewalks are required along the perimeter or the 2 MA ENUELBRECHT; Mr. Powell. + S development, we will require that they be built when S MK POWELU To give us something to work 4 they build the streets and the water lines and all of 4 on, I'm ready to move on this Issue. S the other improvntwnta And we'll have to have 5 MR MtLIIRECHt: 0.011000 you make a motion, ' e construction plans for them before we can approve It, 6 l would Just like to state that I pUWv-11y would 7 final plat. if we're talking about the internal 7 support the proposal that Ms. Omudie discussed, the 8 sidewalks, our Ordinances allow the dcvelcW to put up s ISSW of the exterior stmts. 1 9 a 15 percent escrow prior to filing the plat, and then 9 MR POWELL t think that's what my motion 10 we allow each individual home builder to build their own to will be, I'm going to try this. tf it's not right. I t sidewalks. And then filer the sidewalks are buil4 we I1 we'll amend It or whatever. M0. Chairman, l nave that 12 release the escrow back to the original developer if the 12 wt: recommend to the City Council that a partial variatwe I] sidcwalks have been constructed, 11 of 34.114(17) be granted to the Davis Oaks 14 MR. RISHEU I guess what I'm socing is a 14 Subdivision 15 reed for sidewalks on 1811 and Hobson, and If we could is MR SALMON: RXVMCy, I'm MY. My 16 do that In some way where, perhaps, one sidewalk on one 16 mistake, Regency Oaks. 17 side of the roadway was adequate for their Internal 17 MA POWELL! Wow, Okay. Excuse One. Fa I1 mobility, that mtght get everyone solved and maybe less Is Regency Oaks Subdivision, foe sidewalks on the internal r 19 money than what the internal sidewalk would have bat 19 slnet'A' only a the cod of installing all of the r A , 20 originally. And l don't know. 20 sidewalks would excuse me, u the cod of installing ! 21 MR. eUCEK: The Point, I guess, We Want to 21 all of the sidewalks required would exceed any 22 be aura about is that if normally it costs f 1,200.00 per 22 reasonable benefit to the property, 2) lot to build sidewalks and there's 14 lots, that's 1) Ms. owRDtE: what's intemai street 'A"7 24 528,000.00, okay. If you're going to build just Wong 24 MR PoweW n's labeicd'A" 1 don't know 25 the road as opposed to Intm Wly, if that can be built 25 what else to tail It, It's labeled street 'A.' Tka Reporllog Professionals Q40) 484-6053 Page 45 ' Page i 17 . Condonseltnc Page 49 Page SI 11 t Ms. OMPDtE; So you're reconu ending that we t Hickory Creek, l think. And we've had others. Why I + 2 don't we just consider when we look at a subdivision 2 only put sidewalks in here? 3 MR. PowELu I'm recommrnding a variance on 3 and their requirement for Perimeter or for street 4 internal street 'A' only. 4 paving like this, why don't we Just consider the lots s Ms, oovRDie: okay. Itank you, Second, S th it they have fscirg the strxt as opposed to the whole 6 MIL ENO': %RFcHT: okay. It's been moved and 6 subdivision? i 7 seconded to recommend a vartance on the sidewalks on the 7 MR. SALMON: Well, in this case, I looked at f! s Internal street 'A." Any discumlon? I the two lots that were facing the stmt simply because 9 M. R. ?OWE LL, rm calling It 'A" buaux 9 the other lots have all their access to 1830. And I to that's the way It's labeled. io would imagine that we'll have some split trip 1 I MR ENOELBRECHr Exactly. Sure. Any I i distribution there which means that, you know. rel•sive 13 discussion on the motion? All in favor raise your right 12 that only a portion of those drivers from those i3 hand. Motion,.arrics unanimously. 13 interior lots will probably use Hobson. 14 That moves us to item M-2, which is a 14 MIL ENOELBRECHT: All right. Okay. Mr. is rcyuest for exaction variance conceming perimeter is Rishel. 16 p.vement on Hobson Lane. Sit. Salmon, 16 MA RiSHEL: is part of that distinction 17 M0. SALMON: Again, this Is the UM w because 1830 is a state road? is developer, same subdivision. The subject r adivialon Is MR, SALMON: Correct. We Cannot requ,re 19 has almost 400 rest of frontage on Hobson Lane. Our 19 perltTeter paving on a Tttt30T maintained highway. 20 subdivision regulations would require that they 20 MR. mHEL, okay, And when we start 21 perimeter pave Hobson Lane, which means they would 21 looking at these proportions, and we talk about an 22 completely rebuild the stroct along their frontage. The 12 average lot or an average c%t of road is at $3.400.00 23 applicant has applied for that varianoe based on Bost of ii and the average cost or a house that might be In this 24 that particular improvement compared with the number of 24 area is S90,000,00 to 5105,000.00 for the avenge; Is S 23 lots that they're proposing, which makes this another is that correct, in residences? Page $O Page $1 I exaction vw ianoe, 1 MR. &ALMON: it's probably well, new 2 Staff is recommending a partial variance in 2 house 3 this case. To reconstruct the stmt across sire entire s MR VOELBRECHT: that would be low for new, i 4 frontage on llobson Lane would cost approximately 4 MR SALMON: Yeah. s $22,00000, which is $11,000.00 per tot, If you're only s MIL R1SHEU For the City, average for the 6 looking at the two 1-,w that have frontage on Hobson. a city, though 7 The average cost of building the street in front of a 7 MA SALM Ni Average home in the City is I singledamily home in Denton Is approximately $5,400.00. 6 somewhat less than that . . 9 Staff would recommend that the developer pay a fee not 9 MR MHYU t mean, l we these lets as 10 to exceed S 15,000,00 for patching and overlaying on 10 they're developed As being toward that nicer end, that I I I Iobson t.ane, Again, the developer is here end I'll be 1l $150,000.00 to $150,000.00 and 1 think that what they 12 gtsd to answer any questions that you might have. 12 bear should more reflect what the potential value of 13 MR. ENOELBRECHT: Qucatlons rot Mr. Salmon? i3 that house should be As opposed to what the average 14 Ms. Gourdie. 14 value of the house in the City si+ould be, And I don'. is MS OOVRDIE: is olds the same thing we also IS know bow to distinguish that, Mr. Burk, from who'. i i6 did for the people next door whom they carne before us? I6 fair and equitable for everyone. 17 MR. SALMON: They asked !or the same 17 MIL BLKEX: well, ultimately, wtr.-u we've R I variance and staff made a very similar recommendation, I I tried to make those considerations, we make them based / I R Ms. OouRLDiE: Thank you. 19 on the lest sizes because we don't try to guess, you r d t 20 MR POWELL! bid they actually have to pay 20 know, at the site home, beaux ynu could have an estate 21 for paving there? 21 lot with a small home on 14 so it is a tough ON, I 22 MR. SALMON: Their vartsnce was granted. 22 don't know that there's any good guide foe you on that. I 23 They did not have to pay any paving fees. 23 MR. Rlatteu ttiank you. 24 MR LNOELBRECHt': I guess my gtreA1011 15, 'AV 14 MR ENOELBREC rri ttt me ask, Commissic tm, ,IS have another we had a subdivision in eviler out on 25 is theft anyone do you want to have any questio u or no Repotting Professionals (940) 484-6053 Page 49 • Page 3; L~ coodeoseltn' Pogo 53 Page SS I the petitioner in this use? No. Okay. 3 wore solos to look at possibly widening Hobson to four t MR. POWELL+ t don't want to alleviate his 2 lanes with a median. So wouldn't this Just destroy ti S ability to speak to us though, 3 everything that they'd be doing, going into this 4 MR. ENOELBRECHT, Well, this Is not a public 4 frontage or this development? I mean, they're going to S hearing, S put It down. And then we're going to come back in a few 6 MR. POWELU 1 understand. 6 years and tear It all up? 7 MR ENOELSRECHT: 1ryNId like, that's 7 MR. SALMON: Well, we don't have anything. S fine. Okay Yet. Would the petitioner care to make it s ultimately, Hobson Lane may be four lanes divided. And 9 statement? 9 It nary neL But we're belting the right-of•wsy to do 10 MR. POWELL, He's Investing a tot of money. 10 that. We don't have any plans in the foreseeable future I I I'd like to give him a chance if he wants to, I i to widen or expand Ilobson lane, not's not to say that 12 M0. £NOELIRECHT, sure, sure. Iryou'd give 12 that project wouldn't be put In our bond elation that's 13 us your name and business address. 13 comlog up later In the year. But I don't know that and 14 MR. EDWARDs: Chairmen, members of the 14 1 don't think anybody at this point does know that. But that 15 Cortunission, I'm Ores Edwards. I'm a civil engineer. 15 there's nothing in our rive-year outlook right now 16 Our offices are at 300 North Caroll Boulevard, Suite D. 16 indicates we're going to be doing anything other than 17 Basically, in looking at the two lots that we're 17 general maintenance on Hobson bone. 11 developing, theft are conslderable because of the is MR ENOEt.BRECHT, Yet, Mr. Moreno. 19 size of the lots, we already have constderable 19 Mk MoRENa This question is for Mr. busk, 10 extensions of water lines for fire hydrants and we are 20 I understood Mr. - on's argument and he sold it very 21 providing public sanitary sewer to there lou. Out 2l well, and I think Mr. Risbel agreed with him. But my 21 development costs for these two lots are right now In 22 question to Mr. Busk is, is it appropriate gemrsIly to 21 excess or about $40,000.00 per lot. 23 trade density for exaction variances? 24 On Hobson Lute, if yoj take two 24 MR. ItrCEx: No. And I think the problem 2S single-family houses gencratiny approximately kn 25 1 don't know that we've ever looked at that crikrla. Page 34 Page 56 1 vehicle trips per day with a apaclty for a two-lane I nha Court has looked at that criteria. The problem that 2 highway of in the neighborhood of 5,000 vehicle trips 2 you face on these things Is I'm not even tarn if the 3 per day, we are generating way less than one percent of 3 Courts are willing to go to far as Mr. Edwards is saying 4 the volume of llobson Lane. The cost of deveioping these 4 and you can lump through all your infrsstrectn costs. 5 two lots is significant already and we would really 5 You know, l think what you're trying to do Is be ' 6 appreciate your consideration for waving the 6 consistent with whatever the Improvement you're working 7 requirements on llebson Lane. Vs Is zoned planned 7 on. So when you make your decision, you want to try to s Development, would allow 41 single-family houses in this s figure out what's the reasonable relationship between 9 particular area, We worktd on that plan, We're very 9 the cars that are joins to come from this property onto to pleased wN, that plan But, basically, ails plan 10 Hobson Lane and who's the rea4oriable application of i I significantly reduces the density and the impact on the I l that to this development ju_I dealing with the paving 12 City facilities and the City roadways. And whatever 12 Issue as opposed to tying the other onto In with it. 1 1 l3 cor deration that you can give us we would very much 13 think you have to look at each one septntely. I 14 appreciate If you have any questions, I'll try to 14 But the eonoept, I think, Indirectly on 15 answer those. 15 density, what they're la, traditionally what happens Is 16 MR. RISHFLi t think that's a very loglcal 16 the smaller the density, the more the cos! Is to that 17 argument. I? lot to get water, sewer, and all those things to It, so I I MIL EDwARDS: shank you. 1i it probably hall some applicatlor, but we don't have a 0 MR, IUSHEL, less density is a tradeorr for 19 else that talks about it at this poinL A, , 20 what the 6'Ost of development Is. 20 Mt ENOELSRECHT: other questions, comments? 1' 1 21 MR. ENCELIRECHT: Any ether questions? Any it Mt Oourdie 22 other questions for steh7 22 MS.OOVRDIE: Mr. Stinnett, who maintains 21 MS. nA.Nux 1 hove a question for David. 23 Hobson Rood at this moment? N MR. ENOELIRM14T: Yes. N MA SAt MON: The City, 25 MS. GA1N2ER: You said that eventually we 25 MS. oOURoII: So wouldn't It be reasonable 1a Reporting Professionals (940) 484-6053 Page 33 • Page Sf 19. I t II i Conde08elltrM Page 37 Page S9 1 to state that if any improvements, pot holes, whatever 1 point. These two houses assuming they're built, and I 2 Waded to be taken cue or, that's going r; gd taken 2 we they're phase two, so I don't know when they'll be 3 eve of anyway? 3 built,. are going to generate it minuscule part of traffic 4 Ma SALMON: well, l would Cotalnl;' hope 4 on this street. And 1 think that says all I teed to say 5 so. 1 gueu we generally requite this type of s about it 6 improvement based on the additional traffic due to the 6 MR, ENGELBRECHT: Any o ,or comments? I'm T going to be voting against the motion, particularly 'lic s that will live t and of Only the fenu n 1 developmen I there, but also the construction traffic that will take 1 given that It's a total variance, We did not allow q place when the homes are built, 9 we didn't even give 91,200.00, a part of it sidewalk to it 10 MIL POWELU W. Chairman. to small developer for affordable housing. We've already I I M0. ENGELBRECHT: Yes, Mr. Powell. a given sidewalks In this can. And If you took at INS 12 S« POWELL, I'm ready to move when you're 12 across the total development, it's 91,000.00 I 1 ready, !4. i 1 approximately or so, a little better, per lot on one 14 MR. ENGELBRECHT: Arc there any other 14 acre plus lots, and I am not going to vote for this. 15 questions for stafr? No questions? Then, Mr. Powell, Is And actually I wouldn't support it in any form, partial 16 go right ahead, sir. 16 or otherwise. Any other discussion? All In favor of 17 MIL POWELL, Mr, Chairman, I move we 17 the motion, please raise your right hand. I s recommend to the City Council that a vorisnee of Section I I MS. CDURDi& (In favor). 19 34.1145 be granted for Regency Oaks Subdivision we 1 19 MS. OAnE1t: (Stu favor). 20 caught that for perimeter paving as the cod of 20 MR. POwELLf (in favor). 21 repaving Hobson Lane across the frontage would exceed 21 MR. ENOELBRECHT: Opposed lame sign. 22 any reasonable benefit to the property. 22 MR. MORENO. (Opposed). 23 MS.GANZER: Becond, 21 MR.RISHEL: (Opposed). 24 MIL ENOELSICITHT: It's boom moved and 24 MA ENGELBRECHT: (Opposed): Motion does i 25 seconded to recommend a parch( variance, 2s not carry. And h would entertain another motion, but 1 Page 38 Page 60 1 MS. GANZER: No, full varlattce, 1 suspoct it mloh 2 MIL POWELU No, sit, I didn't tae the word 2 MIL MORENO: Was that a lie vote. , 3 partial. I crossed It out on my book artd did not ay 3 MR. ENGELBRECHT: It was s tie vote. It was 4 partial. 4 43-3. I'm sorry, Mr, Moreno. S MIL ENGELBRECHt: Total varlanoe. It there 5 MP POWELU it was a tie vote, but 1 would 5 discussion on the motion? 6 hope we could gal another motion, 1 don't want to leave 7 Ma. MORENO Mr. Chairman, I think 1 7 this. 8 understand what the Commisslomrs are trying to do and 1 MA INOELBRECHT: 1 understated. That's the 9 1 don't totally agroe with what could be a dangerous 9 other Issue 10 precedence so I'll be voting against the motion. to MR. POWELU 1 think the developer has it I I MR. ENGELBRECHT: other comttent? I I right to some kind of an answer here. 12 MS. OOURD1Si I just wankel the reason I I MS. GANZEI4 t'll make a motion. 13 why I'm voting for it is because we permitted the other IS MIL ENGELBRECHT; Yes. 14 developer next door to receive a variance, And I felt 14 MS. GAMR: I move that we recommend to the I s we made a mistake with the sidewalks. We read to you 15 City Council "I a partlAl variance of Sections 34.1145 16 know, l Just feel it's the right thing to do. If the 16 be granted ror Regency Oaks Subdivision fc- perimeter 17 City is going to maintain the road and if It's not going 17 paving as recommended by staff its the cost of repaving 18 to be expanded, I believe It's the right thing to do. 16 Hobson We across 4* P antage would exooed any r o MR PoweLU Mr. Chairman, if I may argue in 19 reasonable benefit to b a property. 20 favor of my motion. 20 MA EN0EL9REt'NT: is Jere a seWA? 1 f r , 21 MR. ENGELBRECHT: Yes, sir. 21 MR MORENt? NO sold par ,r, variance? 22 MR Powett: Think you. I think the point 22 MS. GAN E1 t Yes. 13 that was made &.at It would be less than one percent of 21 MR MomttL I'll Second. 4 the trarrtr and 1 think It would probably less than 14 MR. POWELL And that's a partial variance 121 5 one-half percent, If my math la correct, Is a valid 25 a recommended by a arf, to that means that it will not The Reporting Professionals (940) 484.6053 Page 57 • Page b( ' 20, _t t Condeoaelt"' Page 61 Page 63 I exceed $I1,000.00, is that the way I read it? 1 MS. OOIJRDIE: Mr. King Is requesting 2 Ms. o&Nzes.: To patch and overlay not to 2 permission to speak, would that be possible? 3 exceed 511,000.00. It's giving them a variance from 3 MR, ENOELDRECH"r: I don't think actually, 4 MIL ENGELBRECHT: okay. Any other 4 given that we have a motion, I don't think it's S discusslon on the motion? s appropriate, 1 don't want to tM precedent problem 6 MS. ODURDIE: I was just curious, a tie 6 we have here if we do it at this point In tune. 7 means that We're sending no recommendation to City 7 Ms. ODURDIH: Okay, Thank you. 8 Council. It's not that the developer would be left out s MR, ENOELBRECHT: And he will be back, by 9 in the blue. I'm City Council would have then come back 9 the way, for another the third issue corning up. 10 end done a motion, recommended 10 Nis. OOL'RD.E: Thank y0,.%. 11 MR. ENOELBRECHT: we had no reeottunendition I I MR. ENOELDRECHT• Any other comments on this 12 at that point in time, 12 motion? Discussion on the motion? I think 1 made my 13 Ms.OWRDIE: wt11, that's w1111 I'm saying 11 position clear with my earlier 6tatemcnL Okny. All in 14 w'e would have sent off a noopartial recommendation and 14 favor of the motion to grant the pullet varisnce es is they would have voted accordingly based on that, So is reconuticmded by staff, p'- t raise your right hand. 16 It's not like we weren't sending a message. I just 16 MR. RISHEL: (u favor 17 wanted to make that clear. 17 MR. MORENO: (Ir1 favor is MR ENGELBRECHT: Well, this is true. tic, is MS. OANZER: (In favor 19 Puwell. 19 MR. POWELL: (In favor 20 MR POwELL Thank you. I will vote In 20 MR. ENOELBRECHT: Opposed? (Opposed). 21 favor of the notion. You know, when your motion doesn't 21 MS. t>DURDIE: (Opposed). 22 pass, it doesn't mean everything else Is bad I'm 22 MR. ENOELBRECHT: Motion carries 4.2. 23 item SA-3 Is to consider an exaction 23 talking about my motion 24 MR. E%OELSRECHT: Right, exactly. 24 variance regarding the cul-de-sac kmgth of the proposed 1 2S MR POWELU i said your motion end I should 211 plat of Regcncy Oaks Addition. Mr, Salmon, page 62 Page 64 1 have said who my motion docm't pass. I rion't think I MIL SALMON: Chair and members of the 2 that everything else we could dots bad. I ton't 2 Com inissio this tirrte I think everything says Regency, 3 particularly want to as this done here boca,!a" 3 so maybe you won't have to be to careful. Again, sure 4 didn't do it next door, but I recognize your argument 4 plat, same development. In this case we're looking at s s about the S11,000.00 spread over the 14 lots or wha!ever 5 variance of our Code of Ordinances concerning a 6 it Is, so I will support the motion. 6 cul-de-sac kr;3L The cited Ordinance requires that 7 MR. tNGt.LBRECHT: Any other discusaicn on 7 cul-de-sacs be no more than 1,000 feet long. The 8 the motion? 8 applicant is proposing a cul-de-sac approximately 1,400 9 MR RKHEL: If 1 was looking at I think 9 fort long, 'ibe reason they have applied for the 10 Mr. Salmon's original recommendation might have been t0 variance Is bceoure the shape of the property being I I lower than what we might have come up with on our own I1 relatively long and narrow and with a drainage or a 12 accord. If you louk at the average lot slur or maybe 12 ermk running through the middle of It makes it very 13 1o0 frontage foot per lot, and you look at the fact that 12 difficult for them to layout lots of this size unless 14 we've got 170 somcth;ng foot them, and you took the 14 the cul-de-sac was longer, Because this patilcular 15 55,400.00 and average tot cost, that would be in is v viance is based on the physical features of the 16 average cost of $19,980.00, so I think Mr, Salmon's id property, it would be considered a physical hardship 17 original recommendation at $11,000 00 is being very fair 17 variance. 18 with the clients and encouraging their building and Is 11v difference here Is this Is a variance 19 keeping their cots down, to I think that was a very 19 that you can either grant or deny. It does not go on to 4 < 20 good rccommrndatlon end I think that I can support that, 20 City Council. Atso, something that's a little bit 1 21 MR. ENGELPRECHT: Ms. Oourdie. 21 different with this type of variance Is that you have 22 MS. OOURrim 1 realize that there's a 22 five criteria to consider when in deciding whether 23 mrtion on the floor end It's ban seconded or I don't 17 this variance is appropriate. In this can, staff is 24 know, his It ban seconded? 24 going fo recommend the varlattce. And IT just touch 1S MR ENGELBRECHT: Yes. 15 lightly on the five criteria and staffs reasoning Tho Reporting Professionals (944) 494-6033 Page 61-Page (A I l v 21. N 1. I I I k Coudomoitt4 Page 65 Page 67 I behind the recommendation, Granting a variance would 1 Marshal made his way down hero. I don't know if he 2 not be detrimental to public health, welfare or safety 2 wants to say anything or not, but if he door, I'd lave 1 3 because we feel with only 12 lots on the cul-de-sac, 3 to hear it. I 4 there's going to be very minimal traffic and very 4 M0. GILLETTE, TO anaWer your question, I s minlutral, I guess, possibility or, you know, having S think the Issue is a atandud cut-&-sac, typically, 6 multiple diygsters occur on this cut-de-sac at one time 6 has not been in our history a big enough street due to 7 simply because of the small number of lots. 7 parking on the end of it. As far as the length or it 8 Just u sort of a measuring stick, even with 8 Boca, yeah, it's pretty long but our atandard 9 a 1,000 foot cul-de-sac, if someone were going to 9 cul-de-sacs don't even meet our turning radius for our 10 develop single-fr ~ Lily seven lots, you could put 32 to fire tone. So even If you had people puking In there, I I single-family seven lots on one cul-de-sac. So in this I 1 yeah, it's difficui to turn around, but a 24-foot wide 12 case we're looking at a number that is considerably 12 street has stilt t,an adequate fa response through the 13 lower than that, i1 history of Denton. So to answer your question, yeah, it 14 Concerning the physical shape of thn 14 is kind or a problem, but tojustiry them making it is property, it's over 2,600 feet deep. It's divided by a is bigger than City standard, we have no reason for it I6 crock and, as you can felt, the eastern end of the 16 because 1 don't know of anywhere to the Ordinances chit 7 subdivision is very narrow. So In order to get lots 17 says you can't park on the end of a earl de sec either. .,s t:.,, '.c over an acre, which is what the developer wants 18 M0. POWELLi My guess Is that this 19 to do, you almost have to have the cul-de-sac cross the 19 particular road and this particular col-&-sac are not 20 crock and get down to that end of the subdivision. 1 20 going to see a lot of parking on the street. That would 21 guess I won't stand here and say that it would be 21 be a logical guess, Ibet. 22 totally Impossible to layout 12 lots that an over an 22 Ma GILLETTE: Probably valid. But the j 23 acre with a 1,000 foot cul-de-sac, but with the creek 21 assurnptlon also could be, there's nothing that says that ` 24 playing a major role in how these lots need to be laid 24 they couldn't park down there either. 25 out,1 guess, l lend to say that the lots would be a 15 MIL POWELL, t understand. Thank you very rate 66 Page 68 1 very unusual shape and'hey may have difficulty meeting I much 2 our minimum lot frontage on a public stmt, which Is 30 2 Ma ENGELaRECHT, ny the way, would you just 2 feet. 3 give us your none and position fa the record. 4 Granting the variance .oes not vary the 4 MA GILLETTE john Oil [cut, Assistant Fire S provisions or the zoning Ordinance or any or the City's S Marshal. 6 master plans. And this particular property was in this 6 MR ENORIKECHT, thank you. Hold on. Mr. 7 configuration prior to 1988 when the current street 7 Rlsbel, you have questions regarding that Issue. 8 section ot'the code of ordinances was adopted. So I I M0. atsHEt_ The something like a Quint, 9 gueu to put it In a nutshell, staff f-tels that it don 9 is that capable or turning around In a what 1 10 beet oil five criteria. I'll be glad to answer any 10 pcrcclve, Mr. Salmon u a 40-foot honing radius? 1 I questions you might have. I1 MIL GILLETTE, I'm not teal sure What the 12 Ma, ENGUMCHT: Mr. Poweil 12 turning radius on the Quint is because the radius that 13 MR. POW ELL: Mr, Salmon, I have three that l I3 we use was the old ladder truck which to Wo recently 14 can think of, And two of them I'm reasonably sure 14 taken out of place, v `tch was a 57-foot honing radius. 13 you've checked out, but I just want to double-check and Is MR. tusHEU okay. 16 put on the record that this road and this cul-de-sac is 16 Mal GILLETTE. but 1 don't know what the new 17 Wide enough for emergency vehicles to get down and hues 17 equipment that we've ordered, l don't know what the Is around. 18 turning radius will be for that equipment yet. So we 19 MIL s.1LM 4: the road will be 24 foci wide, 19 have not amended the Ordinance because we'ro not sure " r r; c 20 which Is four fat wider than ovs fire lane requirement 20 tyou know, 51 fmt he tine that the new hequipment t be the tighhadequate rc length at 21 and has a standard size cut-dc-sac bulb at the east end. 21 22 which Is large enough for a a fire truck can't drive 22 don't know. 23 around the outside of it, but they can pull in, back up, 21 Mn. lusHEt: And I don't know either. My 24 and then pull back out ogatn. 24 concern Is for rn safety m well as somebody like an 2$ Ma POwELU Okay. I see the Assistant fire 25 19-wheeler that tuns down there or moving van that 1U Reporting Professionals (940) 494-6053 Page 63 • Pagc 6 22. t t~ I condertselln" Page 69 Page 7 i I comes in, is there adequate room for them to make a turn I decision on this. 2 at the end of that cul-de-sac with a 40-foot radius and 2 MR ENOELBRECHT: Mr, Salmon is just trying 3 get b'rck out of them without driving over somebody's 3 to keep us on our toes tonight 4 lawn? Hopefully, there will be people moving In them. 4 MR. POWELL: 1 understand, TTtank you, sir. S MR- GILLETTE: I really don't know how to s MIL ENGELBRECHTt Any other questions for 6 answer that one, Salty. I really don't know. 6 staff? Would the petitioner or other representative 7 MR. ENGELBRECHTr Well, I think we've had 7 care to make any statement in regards to this particular 8 moving Yens that have gotten up and down every street in 8 request? 9 town one way or another. 9 MR KING: 1 have a comment on the previous. 10 MR RISHEL, But this Is a one-Way In 10 MR. 6NGELBRECHT: Well, if you'd like. That 1 I MS. GANZER: But they're saying that it goes l t one Is 12 with the City Ordinance, that it abides by the City 12 MR. KING: I just wanted to make the comment 13 Ordinance, the turn on the cul-do-sso; are you not 13 that this particular nine acres is being purchased, even 14 saying that David? 14 through it's part of this development purchase and cost is MR sAtstos: Alght. Even though the 1s of development borne by another individual that's not 16 cul-de-sac may be 400 fat longer 16 here tonight. And so the cost that we jtut dealt with 17 MS. GA.WER: Hai nothing to do with the 17 on the previous one is not spread over the 14 lots, it's Is turn. Is spread just to those two lots. And I'm sorry I didn't 19 MA SALMON: R has the Wming radius on 19 mention that to begin with. 20 the end of this Is going to be the seek honing radius 20 DIR. ENGELBRECHT: But you have no comment 21 that wee have on all of our cut-de-saes, 21 with regard to this particular issue? 22 MR. PAHEU I guess my question is, Is that 22 D1fi 1t1NG: No. 23 adequate? 23 Mat. ENGLtvkR .Ct1'1: Okay, All tight. 24 MR. O%U'rre: And that's been wro'vt boon 24 Commissioners, in that taY.,,Any other'questions for 21 able to function with that standard to, a long time. We 2S staff? Comments or a motion,, page ; tr Page 72 1 havert't gone back and asked for that to be changed. I M0. PGWELU I'm ready. 2 We've only asked that to be changed whenever a developer 2 MR. ENGELBRECHT: Yes, air. 3 had to have one on site and it wasn't a public stroct 3 Mx. NVELL would you like to? 4 MA ENGELBRECHT: t believe the question, 4 MS GOVILD1L No. 1 the a-_' quacy of our standard is something dw we need S six POWELL, Mr. Chairman, I move that we 6 to reserve far another time and place. We t,dght ask 6 I rove that a variance of Section 34-114(11) be granted 7 staff to review that with the hue safety folks and ' for Regency Oaks Subdivision for cul-de-sac length as s bring It to us at some point in time, if you wish, but I 8 there Is a finding of physical hardship due to the shape 9 don't tldnk it's appropriate for here, ghrott that that's 9 and topography of the property. 10 our standard, 10 Ms. 00URDIE: Second. I I MR. SALMON, I would add that I do know that 11 mx ENGELBAtcHr, R's btcn moved and 12 for a large semi-trailer truck, if someone bad a large 11 seconded to approve a variance. Any diseuaslon on the 13 moving van, they would not be able to pull In and simply 13 motion? All In favor raise your right hand Motion 14 turn around and drive back out spin. They would 14 carries unanimously. Thank you, Mr. Salmon. 15 actually have to pull in and they'd have to do some 1s That moves to to 1.0, which is to cons der to backing, back and forth rnovemento, in older to get to approval of preliminary plot of l ob I through 14, Block 17 turned around. 1 do know that as a fact. 17 A of the Regency Oohs Addition. lbe property Is zoned Ice MR. POWLLU My Chairman, I did have that 18 Single-Family, or. to, conditioned and Planned r e 19 third question for W. Salmon I'm sorry, sir. Based 19 Development 104, a single-family subdivision with 14 4. 20 on what you said that this Is not going to City Council, 20 lots is proposed. And Ms. nnney from the staff will 21 Is it safe 10 say In your recommended motion that wee 21 provide w with the report and recommendation. 22 would remove the words "recommended to the City 22 Ms. PtNNEY: hunk you, Mr. Chair. The 21 Coun,Il"? 23 41-acre property, obviously, we know where the toatioa 24 Ma SALMON: well, f told you f changed 24 Is, 100 and Hobson. The purpose of this plat is to 21 everything to Regency. Yes, you will be making a 23 develop 14 single-family lots and the variances that you 11c Reporting Professioeds (940) 484.6033 Page 69 • Page 7, 23. t~ AOMtla Ibm -714 -A j a AGENDA INFORMATION SHEET AGENDA DATE: March 23, 1999 DEPARTMENT: Electric Utility ACM: Howard Martin, Assistant City Manager for Utilities`~(Y'r SUBJECT I CONSIDER ADOPTION OF AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE MAYOR TO EXECUTE A FOURTH AMENDMENT TO THE EXISTING AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS UTILITIES ELECTRIC COMPANY EXTENDING THE TERM THEREFOR FOR AN ADDITIONAL SIX MONTH PERIOD; FINDING AND DETERMINING THAT THE TWO MEETINGS AT WHICI I THIS ORDINANCE IS PASSED ARE OPEN TO THE PUBLICAS REQUIRED BY I LAW; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR ACCEP rANCE C OF THE AGREEMENT BY THE TEXAS UTILITIES ELECTRIC COMPANY AND PUBLICATION OF NOTICE OF THE PASSAGE OF THIS ORDINANCE. BACKGROUND Due to the heavy workload, staff has been unable to conduct negotiations regarding the draft Franchise Agreement that has been provided to both Texas Utilities and CoServe. This extension will allow sufficient time for completion of negotiations. OPTIONS: None RECOMMENDATION: i Stafr recommends extension of the existing Franchise Agreement with TU Elertrie, ESTIMATED SCHEDULE OE THE PROJECT Completion by September 1, 1999. PRIOR ACTIONIR,_IEW (Council. Boards. Cornmisslonsl None 1 I r• t: FISCAL INFORMATION i None I , Respectfully submitted: i Sharon Mays Electric Utility Director Exhibit 1: Ordinance Exhibit 11: Contract j Exhibit Ill: Amendment I E 'i i 2 i P t a ( ORDINANCE NO. AN ORDINANCE AUTHORJZINO THE MAYOR TO EXECUTE A FOURTH AMENDMENT TO THE EXISTING AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS UTILITIES ELECTRIC COMPANY EXTENDING THE TERM THEREFOR FOR AN ADDITIONAL SIX MONTH PERIOD; FINDING AND DETERMINING THAT THE TWO MEETINGS AT WHICH THIS ORDINANCE IS PASSED ARE OPEN TO THE PUBLIC AS REQUIRED BY LAW; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR ACCEPTANCE OF THE AGREEMENT BY TEXAS UTILITIES ELECTRIC COMPANY AND PUBLICATION OF NOTICE OF THE PASSAGE OF THIS ORDINANCE. WHEREAS, Texas Utilities Electric Company (hereinafter called "Company') is engaged in the business of providing electric utility service within portions of the City of Denton (hereinafter called "City) and is using the public stints, alleys, grounds, and rights-of-ways within the City for that purpose under the terms of nn Agreement, approved by Ordinance Number 8 " 186 duly passed on October 20, 1987; and thereafter amended by Amendment Number One to the Agreement Between the City of Denton and Texas Utilities Electric Company, approved by Ordinance No. 93.133 duly passed on July 27, 1993; and thereafter further amended by Amendment Number Two to the Agreement Between the City of Denton and Texas Utilities Electric Company, approved by Ordinance No. 97.277 duly passed on September t 9, 1997; and thereafter amended by Amendment Number Three to the Agreement Betwee,t the City of Denton and Texas Utilities Electric Company, approved by Ordinance No. 98-259, duly passed on September 1, 1998; and WHEREAS, the City and Company desire to amend said Agreement as previously amended by said Amendments Number One, Two, and Three, to continue the term of said Agreement by extending same for an additional six (6) month period; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the Mayor is hereby authorized to execute "Amendment Number Four to the Agreement between the City of Denton and Texas Utilities Electric Cornpany" for the use of City streets, which Is attached hereto as Exhibit "A" and Incorporated by reference herewith. SECTION 11. That it is officially found and determined that the meetings at which this ordinance is passed are open to the public as required by law and a public notice of the time, place, and purpose of said meetings was given as requited by law. SECTION 1[1. That the Clty Secretary is hereby directed to affix & copy of this ordin, nee to Ordinance Number 87.186 and Inscribe thereon the notation that the Agreement has been r amended a fourth time with the adoption of this ordinance, r f"j 3 t I c~ t a SECTION IV. That this ordinance shall take effect immediately from and after its passage, publication, and acceptance by Company in accordance with it),- provisions of the Charter of the City of Denton, and is accordingly so ordained. SECTION V. That Company shall, within twenty-one (21) days after the passage of this r ordinance, file in the office of the City Secretary of the City of Denton, Texas a written Instr unent signed and acknowledged by a duly authorized officer, in substantially the following form, to wit (a) To the Honorable Mayor and City Council of the City of Denton: The Orantee, Texas Utilities Electric Company, acting by and through the undersigned authorized officer, hereby accepts Ordinance No. extending the term of the existing Agreement with the City of Denton. TEXAS UTILITIES ELECTRIC COMPANY By. Senior Vice President ATTEST: E t Secretary Executed this the day of .1999. I (b) The acceptance shall be duly acknowledged by the person executing the same. In the event the acceptance is not filed within the twenty-one (21) day period, this ordinance and the rights and privileges hereby granted shall terminate and become null and void, (c) The City Secretaryshall cause a notice of the passage of this ordinance fairly stating the substance hereof to be published once each week for two (2) consecutive weeks in the official newspaper of the city of Denton, Texas. The Company shall pay the costs ofpublicadonof such notices. PASSED AND APPRON ED this the _ day of 1999. C JACK MILLER, MAYOR 4 t~ M I t} ATTEST: JENNIFER WALTERS, CITY SECRETARY r By. - I I APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY IR J By. V~. I The City of Denton, Texas, acting herein by its duly constituted authorities, hereby declares the foregoing Ordinance passed on first reading on the day of 1999, and finally effective as of the day of 1999. ` Jack Miller, Mayor Ronl Beasley, Council Member Mark Burroughs, Council Member Mike Cochran, Council Member Neil Ulirranco, Council Member Sandy Kri rtoferson, Council Member Carl 0. Young, Sr., Council Member The above and foregoing ordinance read, adopted on first reading and passed to second aS a reading by the following votes, this the _ day of regular session of the City Council Jack Millcr, Mayor, voting Ronl Beasley, Council Member, voting Mark Burroughs, Council Member, voting 5 e II I ~I Mike Cochran, Council Member, voting Neil Durrance, Council Member, voting Sandy Kristoferson, Council Member, voting r Carl 0. Young, Sr., Council Member, voting The above and foregoing ordinance read, adopted on second reading and passed by the following votes, this the day of 1999, at a regular session of the City Council Jack Miller, Mayor, voting Ronl Beasley, Council Member, voting Mark Burroughs, Council Member, votird Mike Cochran, Council Member, voting Neil Durrance, Council Member, voting Sandy Kristoferson, Council Member, voting Carl G. Young, Sr., Council Member, voting STATE OF TEXAS § § COUNTY OF DENTON § 1, Jennifer Walters, City Secretary of the City of Denton, Texas, do hereby cert?Ij that the above and foregoing is a true and correct copy of the Amendment Number Four to the Agreement Between the City of Denton and Texas Utilities Electric Company pertaining to street rental, as indicated herein. The same is now recorded as Ordinance Nunber in the Ordinance Records of the City of Denton, Texas. WITNESS MY HAND this the day of 1999. Jennifer Walters, City Secretary c (t" t / (SEAL) { l 5 tour bavmeaaXrJinurcnWTUEt FounB AmenGmtm doe i, a AMENDMENT NUMBER FOUR TO THE AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS UTILITIES ELECTRIC COMPANY WHEREAS, Texas Utilities Electric Company (hereinafter called "Company') is i engaged in the business of providing electric utility service within portions of the City of Denton (hereinafter called "City') and is using the public streets, alleys, grounds, and rights-of-way within the City for that purpose under the terms of an Agreement, approved by the City Council of the City of Denton, Texas in Ordinance No. 87.186, duty passed on October 20, 1987; and thereafter amended by Amendment Number One to the Agreement Between the City of Denton and Texas Utilities Electric Company, approved by the City Council of the City of Denton, Texas in Ordinance No. 93.133, duly passed on luly 27, 1993; and thereafter amended by Amendment Number Two to the Agreement Between the City of Denton and Texas Utilities Electric Company, approved by the City Council of the City of Denton, Texas in Ordinance No. 97.227, duly passed on September 9, 1997; and thereafter amended by Amendment Number 'three to the Agreement Between the City of Denton and Texas Utilities Electric Company, I approved by the City Council of the City of Denton, Texas in Ordinance No. 98459, duly passed Ott September 1, 1998. 1 WHEREAS, the Agreement, as previously amended, terminates on MLvh 31, 1999; and WHEREAS, the City ind Company desire to amend said Agreement, as amended by said Amendments Number One, Two, and Three, to extend the term of said Agreement for an additional six (6) month period, and to keep said Agreement in continuous force and effect; NOW, THEREFORE, THE PARTIES AGREE AS FOI!.OWS: r' SECTION 1. That Section 10 of the Agreement Is hereby amended to read as follows: r~ + 10. This Agreement shall terminate on September 30,1999. 7 t, 'f A SECTIONI, That in all respects, except as specifically and expressly amended by this document, the said Agreement heretofore duly passed and approved by the City Council of the City of Denton, Texas and duly, accepted by Company; and as amended' ,y Amendments Number One, Two, and Three to s>std Agreement heretofore duly passed and appmved by the City Council of the City of Denton, Texas and duly accepted by Company; shall remain and continue in full force and effect, without lapse, for all purposes pertinent. EXECUTED in duplicate original counterparts this the day of .1999: CITY OF DENTON, TEXAS i JACK MILLER, MAYOR 1 ATTEST; 1 JENNIFER WALTERS, CITY SECRETARY Ay: APPROVED AS TO LEGAL FORM; HERBERT L. PROUTY, CITY ATTORNEY By. C J { 1 g 1 1 TEXAS UTILITIES ELECTRIC COMPANY By: SENIOR VICE PRESIDENT i ATTEST: i By: I i i 5QwDamWWCw"dA /11UEC3ndR@rAdAynwfdM"du 9 f r I t, AGENDA INFORMATION SHEET 17trJa AGENDA DATF: March 23,1999 DEPARTMENT: Engineering & Transportation CMIDCMJACM: Rick Svehla, Deputy City Manager 5 SUBJECT CONSIDER AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF A DRAINAGE EASEMENT IN TWO PARCELS OF LAND COMPRISING 0.209 ACRES AND 0910 ACRES, RESPECTIVELY, LOCATED IN THE H. SISCO SURVEY, ABSTRACT NO. A. 1184, OWNED BY JASPER KUYKENDALL, SR.; AUTHORIZING THE CITY MANAGER OR HIS DESIGNATE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET VALUE AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING DRAINAGE IMPROVEMENTS FOR THE PEC-4 TRIBUTARY OF PECAN CREEK; AND DECLARING AN EFFECTIVE DATE. BACKGROUND, The attached plat illustrates the tracts necessary for widening an arm of the PEC-4 Tributary within the drainage basin of the area, We have been in the negotiation posture for these tracts since January 1998. Air. Kuykendall, Sn's, daughter, Lucy Campbell, indicated early on that all negotiations should be channeled through her since her father has a heart condition. Subsequently, staff has negotiated with Mr. Kuykendall, Sr., and his daughter, on many occasions. Mr. Kuykendall Informed city staff that he has spent considerable time and resources in placing fill material on his tracts adjacent to the main channel. Thus, Mr. Kuykendall and his daughter indicated they would prefer that the City of Denton purchase all of the parcels in their entirety, rather than only purchasing the portions needed for the drainage project. After several months of negotiations and using DCAD information as well as data from recent sales of similar property, city staff made an initial offer to the owners in October 1998 for the drainage easement areas. The o A ncrs made n counteroffer in November 1998 that was more than $100,400 greater than the city's offer and which included the remainder portions of the subject tracts. Subsequently, an independent appraisal of the subject area was performed by Sargent Appraisal Company. Their appraisal report of January 1999 yielded a value for the casement areas that was less than the city's Initial offer. A second olTcr to purchase the casement areas, based on the independent appraisal, was sent to the owners through a their representative, Nit. Steve Poston of the local law firm Hayes, Coffey & Berry, with a reply requested f within a specified time period, The owners have not replied to this offer and therefore staff recommends acquisition of the casement arras through eminent domain proceedings. 1 j u RECOMMENDATION: Staff endorses the acquisition of the tract to allow for necessary drainage improvements. PRI OR ACTI ON/REVIEW fCounelL Boards ommintonsl Approved by Planning & Zoning Commission on October 28,1998. FISCAL INFORMATION Fair market value of tract (an independent appraisal estimates $2,983) plus court costs. MAY Attached Respectfully submitted: J lark to~~1~J Prepared by: Engineering Transportation Paul Williamson, Right-of-My Agent i I ~tf\ t L3 J J --L . jl~ Ell a~ MCKINNEY HICKORY E SYCAMORE J J PRAIRIE `r SITES w f PRAIRIE a m N J WILSON z .J z 3 O O FT W b Z O MORSE 3 4 ~ ` 0 I EXHIBIT 19' _ A. 91ETCH SHOMNO A NO ACRE TRACT OF IAND 9TUATLD N THE K MO KAAVOJ Of eAJED LO" D.t MWJ rURKV. A•11". N THE Cry of JTAR AAK 000WA 1r rr3MU MMN , OENTON CO., T[RAi wm PIPE louvO ori' or MrON • 99) / 1070 N60-40'54•E"-- • 30,85 S4~r4 . py 4,' fx4,pr ~ . ~r X1'7 ro S)s8T' A2 1)2,8r16f eA 7 ' dM ACRE i~ W r/t Ae! JASPER KUYKENDALL V60203. Pq.881y , , ' S III FIRS/ aN rON rRACr iGL. HA PC + tij `la~l 5uRvEY PLACE or ~h H•;~S~A•,,~98~ COMUENCINO k _1 I N88'44'48•W 6 3J - 600 NA8 f"O At W MM N $Of Or A J INCH SWAP( POSt PRAIRIN •TRINT A Prepore/ B y . } l i l l i B . . pop o i l F f e r e E e e I r r e 1 t.~t ~~,~tt~ :tlfilret DolO. `r , ~V`t Ale Rd o"fl I artRNmn/aAnn/►Ea•re>orl~nitseT•ROUAO+Aa a I EXHIBIT b' I AA SKEICO OW4"O am ommoV I I A 0910 ACRD TRACY Or LAND E 1INAT[0 M TNC N. SMO MM4 I t SURVEY, A-1181, N THE CITY Or 3! DD TON, mi'l CO., TDRAS NI. 11 ( N0~ rodrRIOIA6u ! t4L,110 ( KARAIGS AAf MYD /1Ad1' Rf 14,,13 dM R hAAf COMO/IA R Mg77 1911( A'A Iq/~ ROW, V P 24412'1 W fIOMIT'A' AYN WTS AN9 MAN 131011 T" I1376 / 301 -J 16 J_ 49 MIN I O' Vd 11oN N 6 1 ' 14513 1 ; 3A W, alwR,. ` Ai 4 WttR1N( „6r_ ~ re bua fA/1 V7 tix N I ~~i Iti 3~A AR A! Yr pry or UNION J O( DDS / 105 00 0 N. DCOUON 4RJR 19oon76 ~ ~ • ~ ~ I/R 1N1I N y N • r tY I QP 411 REq K AVER WEN ALL. A i G K7N R(q A0.+d / 1.4 MI N COM _r - _ I - CI OF MENCI NT- Pre ared r""'I" r~/f1119~e9rid1111/F111 DoNr ofrhttu a 6r»/cADAta1RRNrn/wr•9o99A9Ra i n n M~~«KT U a L o p O a C C3 00 o d 0 p D '116% M-7 7 14 14 p twoea a.~ 1h err o ~ ® ❑ E3 x ~ . Q tt. F1 i ~ 0000 L J { [7 „ C= 7 C] i ~ na C3 °O O O C~ °C] ❑ b O Ij O OO ~Q Eli] I (f ❑ Q i N w ~5e53 ~ i STAtZie ,ye~9' 23001 $4 , RIPS-R , r 7Tr1.hOtiD~ 1 R .10400' 8 ` o. te7ro° 4 f , # r . raao' PROjE'CT f c ~r~ . 4 UMlr'S' ~N PROTECT 1 i B Exsr PEES 1 O N1'teJf' PEC r - goo ee' • _ 1 ~Q 12 /w 04 i - 0~~ 1`tM LJ tz [ at i .Oef I ti c. IXCERPTEO DRAFT MINUTES CRAFT PLANNING ANO ZONING COMMIISION OCTOIIR 21, im The rapier meatk+g of the Planning end Za" Corrvnissbn of the Cily of Oadon, Tan wn otd on Wednesday, Odobsr 26, 1 M, M 0:70 p, m. In MM C1y Cound CMmben at City Hell, 215 E. MdGv*, Dorton, Title: Prosard: Eksbeth Gourdle, "RWW. Jtm Engebred Rudy Moron, end Bob PowaM Absent Susan Apple end Card Am Oerwr Proserd from Stall; Mike kook, First Assistant Cby Aflomay; Mark Donaldson, Assblard Director of Plennkq; Wayne Rand, Plano I; OwW Heiman, EngkMarirq AdmWhator; Rids Svehla, Deputy Cray Menepw; Teem McEkaalh, Plenmer 11 The mea N roe called to order d 6:70 p.m, 1. Conelder nv@Wng a raoommendellon to to CIy Council oenoerning the segAwon of lend rderred to In ram 1. a., b., and, Commkatorw Enps "ft Good orve4 again, Will and gerdemen. At Ids Ww, rd ft to mwwa the ' rapider mestlrq oft the PWwkq and Zonkq CammNebn for Odober 20, ON. Mem 2 on the agenda gds ewnk+p is to oomWer mekkq a momma 4stion to fM"Cound oenea A M» boqukrldon of Ord retemed to In Item I. s., b.. and o. Conmtssbners, we two am w wmlu we i WW a gwed" d will" Ms. Oarrdfe: Do we need to make to modons hdMdwgy. Commhurlomr !!Nelbnoht: I bsMeve eo. There ereduel eeparW ir"aa, M you wg m*lm. Mr, RWW: Mr. Coirmsn rd Eke M moire a motion. I maw the wa recommend to NS Cdy Cowd gat o pubis rMOnstlly exlNs end Net MdInO I+et d+e pubic welere end oomv*mW*e rsqulen the takkq end 0M Mtuk% off drekage eeeemam In 0.120 Sane of lend and a 11101 aewmerd of 0.017 boa Of wnd Im the loam Cleoo guar/. Abehed I W. Do you ward Nees IndWO* or do you MM O*m all three? 1 Commhsiww Engel t, Loft take them one at a 0 ne. Is Nero b becond to the moan? Mr. Powell: Ma. Commissioner EngelhrwM: Tot war the wco 7 Okay. Is fore any acustslan on to motion? AM In favor, pNsN raise your right hand. Motion Palen umnknowty. 16 - O) Mr. RWW. Mr. CMkman, I'd 04 to Nrt w naw MM we moommerd to the Gy Coundl " 9 war neaesift exists end And that to public wthro end 0onwrdMMe requires Ia W" end socrAing of a drakage easement trade at 0 206 barest and a 0 010-ecn tnd of Immd In the Hiram Coca Survey, Abshed 1164. Mr, Moreno; 11 uoord. J CommWo w Engs&lchL Any discussion an C* motion? Q Ms. OourdW Just clarMestIon. I belew he uW 0.206 Poised d 0.200. CW I Met that hoorrew Mr. R" What I warned 10 uy, Mr. Coleman, was 0100'm and 041"m trade of lend Nall Hiram Clue Survey, Abstract 1161, r } Me. Gourdle: Thank you. ° \ ? Mr, Rho. Exrkru ms. `Y Commissioner Engelbreaht: Do you e6I1 aoond Nn? 9 I I plamhq and Zoniv Carnageslon MhAss October 26, 1906 Papa 2 of 4 Mr, Moreno: Second. Commissioner Engebrecht: Any corer gwsllone or dlecussion on the motlon7 Al In favor, pleea MISS your right hand: motion arries unanknouey. (S - 0) - - - Mr. RWW: Mr. 0wirman, I'd *A to mow that we recomaeA to the CRY Council that I pubis necessity exba Ind And that a public wail end convenience requires to taking and squiring of a dreinspe Sossment Ind of 0.366 am of land In to Hbsm Clew Savoy, Abstract 1164. Mr. Moreno: Second. Commisskma Engelbrecht Any other questions or dimoSton on the motion? AS In favor. plisse relan your right hand; motion carries umaNmously, (6 - 0) ITEMS FOR INDIVIDUAL CONSIDlRATIGN 14. Conslda making a reoanmadiation to to Chy Council noill"no to street doeure end abandomneM of West Prairie Itrat from Stole Sri* Street to Irdastate 36 esMw road. (David Salmon) Commissioner EngabMeht: Fcuften-home for Individust Consideration. Mr. Salmon has oho been waking this owning. Coneldw making a reoommandetlon to to Cloy Council regarding the skid down and abandonment of wed Prokis Street from gauge Se" to Interstate 36 esrvbS rood, Mr. David Salmon presented the staff report Mr. Salmon: As you said, I'm slmys glvkg away NMvf-wsy and easements, and I ON" tonight's no aapow TnDOT, Telco DspwVnwd W Tronspafadon, has pSolbned to Coy to do sway with a notion of West Prekle SVW between IonnlS Ores end this 1.36 area road. N you're fam0lar, with that sea, tee voters their ioal oklee le. At am time. turn was an apartment oomplea am" tha that that burned down and than tun sra the MN Run apartments eight here on oho bond on to arvbn rob. This gives a I* bit closer picture of what we're talking about. Just a law things I worded to mention, This Item went to the Trrdtc Safety Commission, and two was a posklw a mmendatbn from that bard, This has ban to it* OevSkhpment Ravlew Committee. There was a poldw rem discussion about s soma Are aoasend~safely law" with regard to the location some ore hydrants and woe" Into this property. We feet gut out will be adequabov addressed. Ts00T Is proposing to build sam new bu6die" and tar down soma of th* old ones, and they own to pworty now on both elder of the *Set. We hW ft Mica Issues an be adequately, addressed whan they build Mein new bu"s, and we'l work wkh tens on Mein site c1mulation and firs hydrant placement. sic, tike we would any development. So, we think those lawn will be resolved when they actually am in with Muir plans. We would lie to WAM this w" as s Witty easement bewuss we do hew aaleting Ut0lties In It. San thinks that, actually, N could dewaa ore prablem that we are Mvkg currently wkh the residents of MN Run spartrmMa Irdtng and gokg the wrong way on to WAN rood for to short distance to got over ti West Prelde Street. Thal? Om w% that problem. Other than Ont.1 *01 ftk there ere any other issues. Staff is raommmdN ties, and ti be glad to answer any gwstlons you might have, Ms. Oourft Hale do M apsrtmeni papal pie to their apartment? Mr. Sermon: CU.Tanty, you an get there from pnMle Street, or you an sxk Sonia era off of 36 and coma in on tha area rod. What we would anti 6 is that r yottre w N down oww Sr". you have to Just round to block and come down the uNW road. A's about a block furew tun k wouki be odurnlea, Mr. ftlehal: And that's s wwway road--right? Mr Salmon: Yee-owv sy soMm rood Ms. Oourdle: And so, to get to where they need Ill go, tey'rs g" to he" to had north hip to Oak BtrSet? Is that howthetworks? / j Mr, Salmon: And that's the way they rally should be doing oftAM. 10 i S• i ORDINANCE N0. AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF A DRAINAGE EASEMEP; f IN TWO PARCELS OF LAND COMPRISING 0,209 ACRES AND 0.910 ACRES, RESPECTIVELY, LOCATED IN THE H. SJSCO SURVEY, ABSTRACT NO. A-1184, OWNED BY JASPER KUYKENDALL, SR.; AUTHORIZING THE CITY MANAGER OR HIS DESIGNATE TO MAKE AN OFFER TO PURCHASE THE FROPERTY FOR ITS FAIR MARKET VALUE, AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRU.,'TINO DRAINAGE IMPROVEMENTS FOR THE PEC 4 TRIBUTARY OF PECAN CREEK; AND DECLARING AN EFFECTIVE DATE. WHEREAS, it Is hereby determined that a public necessity exists and that public welfare , and convenience hereby require the acquisition of a drainage easement in the hereinsner described land for the public purpose of constructing drainage Improvements for the PEC-4 tributary of Pecan Creek, and that the City of Denton should acquire said property necessary for said purpose; and WHEREAS, the hereinafter described property Is owned by Jasper Kuykendall, Sc; 1 NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: 1 SECTION L That public necessity exists and public welfare and convenience require the acquisition of it drainage easement In the hereinafter described land u set forth in Exhibits "A" and "B" for the public purpose mentioned below. SECTION It, That the City Manager or his designate is hereby authorized and directed to make an offer for the property to the owner of said hereinafter ascribed property, based on just compensation recommended by an independent appraisal prepared at the City Manager's direction, SECTION III, not in the event the offer as described In Section II Is refused by the owner of said property, the City Attorney Is hereby authorized and directed to flit the necessary condemnation proceedings or suit and take whatever action that may be necesfary against Jasper Kuykendall, Sr. to acquire a drainage easement In 0,209 and 0.910 acre parcels of land located In the H. Sisco Survey, Abstract Na A•1184 for the public purpose of acquldnj such property for the construction oi•drainage improvements to the PEC-4 tributary of Pecan Creek, the land more particularly described as follows; All that portion of land Idng and being situated in the City of Denton, Denton County, Texas, described in Exhibits A and B attached hereto and made s part hereof for all purposes, to which reference Is here made for a more particular description. Il j a c. s„ SECTION IV. That if it should be subsequently determined that additional parties other than those named herein have an interest in said property, then in that event, the City Attorney is authorized and directed to join said parties as Defendants In said condemnation. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of .1999. JACK MILLER, MAYOR ATTEST: , JENNIFER WALTERS, C17Y SECRETARY i BY: APPROVED AS TO LEGkL FORM: HERBERT L. PROUTY, CITY ATTORNEY ~ BY. (~r~ r c« wuosw..u~+na a .../ax..,wu,~.u ~er.r.eorPigs 2 12 G U PROPERTY DUCREMON ! 0.209 ACRE 0.219 OF AN ACRE S17UATED r% THE H. SISCO SURVEY, A-] M. DENT'ON COUNTY, TEXAS. SAID ACREAGE IS A PORTTtON OFA TRACT OF LAND CONVEYED TOIAVER KUYKENDALL ACCORDINGTO THE DEED RECORDED IN VOLUME 1203, PAGE 661, DEED PECORDS, DENTON COUNTY, TEXAS, SAID ACRFVOE IS NKM PARTICULARLY DESCRMED BY METES AND HOUNDS AS FOLLOWS; MWJMM AT A 60D NAE. FOUND AT TIN NORTH SIDE OF A 3 INCH SQUARE POST FOUND AT THE SOUTHWEST CORNER Of SAID KVYKENDALL TRACT, SAME REMO IN THE NORTH 8 MMOF WAY LM OF FRAME STREET; THENCE N00•34'4S"E ALONG THE WEST LINE OF SAID K'UYKENDALLTRACT. 132.36 FEET TO A U INCH IRON ROD FOUND, THEN TO N00'401% -COMINUINO ° NO SAM WEST LINE OF SAM) KUYKENDALL TRACT, 72,77 FEETTH- mm; THENCE N00•40'IVE CONTWIANO ALONG SAID WEST LDM 61.39 FEET TO TM SOUTH LIB OF A SAVE AND EXCEPT TRACT TO TINE CITY OF DENTON ACCORDING TO THE AFOREMENTIONED DEED , ( VOLUME 120), PAOE 661 k ' THENCE ALONG SAID SOUTH LINE AND THE WEST LDM OF SAID CITY OF DENTON TRACT THE FOUC'%VG CALLS, $75 'SPI6"Ni, I72.36Fm. S37'34WW, MAI FEET; THENCE N7!' ST47"W LEAVING SAID WEST LDM 131.97 FEET TO THE PLACE OF HEOM41NG. 13 C} c. PROPERTY DESCRIPTION a 0.910 ACRE 0.910 OF AN ACRE OF LAND STTUAT® IN TIM H WCO SURVEY. A-1114, DENTON COUNTY, TEXAS. SAID ACREAGE IS A PORTION OF A TRACT OF LAND CONVEYED TO JASPER KUYKENDALL ACCOQDINOTO TITE DEED RECORDED IN VOLUME 659, PAGE 696, DEED RECORDS, DFNTON COUNTY. TEXAS. SAM ACREAGE IS MORE PARTICULARLY DESC RMED BY METES AND BOUM)S AS FOLLOWS; NVNIMATAH INCH BOON ROD FOUND AT= SOU HEjiS'P CORNER OF SAID KUYKENDALL TRACT, SAME BEING THE SOUTHWEST CORNEA OF A TRACT OF LAND CONVEYED TO JASPER KUYKENDAL.L, JIL ACCORDING TO THE DEED RECORDED IN VOL" 722, PACE 651, SAID DEED RECORDS. THENCE' N00'21'5 I"B AL0140 THE LINE TRACTS, I1 L SS FEET TO j THENCE N7S'IIIM LEAVING SAM COMMON L241L 57.94 FEET; THENCE N4S'6416'W,156.77 PEST; THENCE N17' ISVI-W,112,SI FEET TO THE WEST LBJE OF SAM KUYKENDALLTRACT ( SAD VOLUME= 659, PAGE 696); THENCE N00.06'20'W ALONG THE WEST LINE OF SAID tP.ACT,141.IS FEETTO A METAL PIPE POUND BENT, UP 4 FEET (MR KUYMWALL SAID, "1 PLACED THIS PIPE AT THE CORNER SO WHEN THE PROPERTY WAS FILLED, J WOULD KNOW WHERE THE CORNER WAS " k THENCE St4' 22' IrE ALONG THE NORTH LINE OF SAN KVY)MNDALL TRACT, 100.00 FEET; THENCE ALONG THE EAST SIDE OF SAID KUYKENDALL PROPERTY THE FOLLOWING CALLS; SOS'OS'!7"W,10.00 FEET; $22'59'00"E, 96.99 FEET; S46'1 i'17'E, 99,20 FEET TO A JA INCH IRON ROD FOUND AT THE NORTHWEST CORNEA OF THE AFOREMENTIONED KUYKENDALL, JIL'S TRACE`, THENCE S00621'51'W ALONG THE LINE COMMON 10 SAD KUYKENDALL AND KUYKENDAF.L, JIL TRACTS, 104.11 FEET TO THE PLACE Of BEGINNING. p 14 tI T Ag"I '*,1~I/y he AGENDA INFORMATION SHEET Q AGENDA DATE: March 23,1999 DEPARTMENT: Engineering & Transpcrlstion CMIDCMIACM: Rlck Svehla, Deputy City Manager A05 SUBJECT: CONSIDER AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF A DRAINAGE EASEMENT IN A PARCEL OF LAND 0,366 ACRES, LOCATED IN THE if. SISCO SURVEY, ABSTRACT NO. A-1184, OWNED BY JASPER KUYKFNDALL, JR.; AUTHORIZING THE CITY MANAGER OR HIS DESIGNATE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS FAIR MAKKET VALUE AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY AT?ORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING DRAINAGE IMPROVEMENTS FOR THE PEC-4 TRIBUTARY OF PECAN CREEK; AND DECLARING AN EFFECTIVE DATE. BACKGROUND: The attached plat illustrates the tract necessary for widening an arm of the PEC-4 Tributary within the drainage basin of the area, We have been in the negotiation posture for this tract since January 1998. This I particular tract is vested in Jasper Kuykendall, Jr,, at the discretion of Jasper Kuykendatl, Sr., a, the time of purchase. Mr. Kuykendall, Sr, related tome that he takes care of the property himself and considers it under his immediate control. City staff is compelled to transact with the bona fide property owners In matters of legal relevancy and thus the rationale for what might be considered duplicity. Mr. Kuykendall, Sr.'s, djughtcr, Lucy Campbell, indicated early on that all negotiations should be channeled through her since her father has a heart condition. Zubsequently, staff has aegotiated with Mr. Kuykendall, Sr., and his daughter, on many occasions. Mr. Kuykendall informed city sta!Tthat he has spent considerable time and resources in placing fill material on his tracts adjacent to the main channel. Thus, Mr. Kuykendall and his daughter indicated they would prefer that the City of Denton purchase all of the parcels in their entirety, rather than only purchasing The portions needed for the drainage project. After several months of negotiations and using DCAD Information as well as data from recent sales of similar properly, city staff made an initial offer to the owners in October 1998 for the drainage easement areas. The owners made a counteroffer in November 1998 that was more than $100,000 greater than the city's ofTcr and which included the remainder portions of the subject tracts. Subsequently, an independent appraisal of the subject area was performed by Sargent Appraisal Company. Their appraisal report of r t, January 1999 yielded a value for the casement areas that was less than the city's Initial offer. A second offer to purchase the casement areas, based on the independent appraisal, was sent to the owroen through their representative, Mr. Steve Poston of the local law firm Hayes, Coffey & Berry, with a reply requested j within a specified lime period. The owners have not replied to this offer and therefore st-off recomtncttds acquisition of the casement areas through cntincnt domain proceedings. t c~ RECOMMENDATION: Staff endorses the acquisition of the tract to allow for necessary drainage improvements. PRIOR ACTIONMEVIE W (Con neIL Boards. Commissions) Approved by Planning do Zoning Commission on October 28, 1998. FISCAL INFORMATION Fair market value of tract (an independent appralaal estimates $2,983) plus court costs. Ma Attached Respectfully submitted: J C1 Director A 0' Prepared by: Engineering do Transportation Paul Williamson, Right-of-Way Agent j 1 a i j 1/ S! V + _ f L--JVA It ocr J J wL c a c --jl MCKINNEY ~ F ao o~ HICKORY E SYCAMORE a J J SITE PRAIRIE cr E PRAIRIE 3 Q N } 0 ' W Q m N WILSON z J z 0 0 -lq 3 0 i 0 MORSE 3 r t , (r~~t k Fq~ Fy 4 I t~ tl i EXHIBIT V A SKffCM SI1b1a.M. ' wR A 07x6 SITU ATM al TIK H. wo ~ AASM ~ 3M rlA/fCMPALWA1S fb. ! MTON A S O70K Co.. TE. AS 1-1 coof -A'ro 4•I!l AA4 lOVef I i or Orr OF XWON III a9J / t9>9 S71 J,` l 'r~ £ •r t tvcH P1' c foLoo PLACE OF 1 S t ~~b8 BEt2NNfNC;', r SUR 8 _5j5G0, S4 3 ~R4 t0 A^v~lpf ►o 45" ACRE p g Y I 11 Nt6gg9~.~,~ JASPER ICUYKENDAU, JR. Nyml ~ VOL. 7221 PD. SM V~ 1 r/J At 111 wr 1 JASVCa r<vrxcrro.Att 61x, UVA PC. 661 1 , ~ ~ 11 MACE OF ; I i COMMENCING I+ 1 1 1 1 . i ~ I A "/i _ . UN." AIR jPoM PreporeQBy. Iti rTara... flrare jt.. ✓'arl~%a7jR3lli-%7 J77 fa! 9. z -sf Dofar I dos W N"712S nAKll0'llkirth we I RnAM Ar111 Anro • it 5 I t, Q ~ wVIOCRRy U 1~~ 1 O a ❑0 ❑ a~ . ❑ 0 ❑ 0 13 16*1 ~tii ~ •?p•~1 ~,4sni 4 r FM:t oQ ❑ ~ o i o❑ d° n oo ° o ~ d ❑ ❑ C~ ❑ d o EE: f{~ 6 ` 1 r F f ❑ fl ` N w~ e 53 ~ it e5 RIP RA ' ASS,j 1!91 _ )1j~19.'+ 1 f R .10000' 8 ~ ~ . HIT7'IO' ~ ~ e • 8 • r . ~aAr 4 PROXCr fill IL umirs h PRoircr 3, vi 71, 1 " - "00' PECAMAN, n • 112•+6'!1• ~'r. C L !9166' A 12 1, . ' SpSPER 1 41 1 1l -t ~ gar . _ ` 141 N St'~'tnt ~ ► ~ h • ~yl Ft~r ~ ` ; ~ie 7 I i tc i I EXCEIlP7lD DRAFT MINUTES DRAFT h PLANNINO AND ZOMNO COMMISWON OCTOUR 21,10E The regular meatkg of the planning and Zoning Commission a(#* City d Denson. Taxes em held on Wednaday, October 2d, 1996, at 6:30 p.m. in the City Council Chambers at City Hat 2SS E, McKinney, Denton. Texas: Preeem Elizabeth Oourdle, Salty Rhhel, Jim Engelbredd. Rudy Moreno, and Bob Powell Absent: Susan Apple and Card Ann Gmw Present from Staff: Mike Bucsk, First A&&WAW Clay AOomey; Mork Doruidson, AmktW Director of Nanning: Wayne Red, Planner 1. Devld Salmon. Engheeft Admirdtbator. Rick Svehla, Oeputy City Manager, Trk%WEIr"th, Planner 0 The meeting was called to order at 5:30 p.m. 2. Consider molting a w4mmendaUm loth* City Council concerning lla sequhNfom of lad referred win lam 1. a., b., end e. Commissioner £ngelbrodnt: God ever" ageki, Was and gentleman. At this time, I'd like to am wens the regular meeting of the Planr lg and Zoning Commission for Oraaba 21, I996. Non 2 on the agenda ids ewnlq to to consider making @ .am. msndatlon to the City Council canoe nl the acqulaitbt d Imd rabrtd'o in tom 1. a., b., and c. C xnmis*&ws, we Ours oomroeds or a moton or questions d staff? Me. Gourdla: Do we need b make the modems Individually. Commissioner Engalbrecht I below so. Than we three Werots motions, k you veil notla, Mr. Itishel: Mr. Chakrnan. I'd the to make a motion. I nave Out we recommend to One COY Council that a pubs necessity exists all that lading that the pubic welfare and oonvenNna requires the taking and the aoqu" of a drainage easement 610 ?20 acre" of land end a slope es"msd of 0,017 acres of lend In the Hiram Coco Survey, Abstract 1164. Do you wall One" M&Wwly or do you wad them al three? Commissioner Engeibrednt Lefo lake Oum one at a tkne. la there s second to the motion? Mr, Pwm: Me. Commissioner Enget joeft Thai was tat second? Okay. Is Oun any dbwalon on ft motion? Al in favor, please raise your right hand. Mdfon pass" unanimously (5 - 0) Mr. Rlahef: Mr, Chairman, I'd like to further mow that we moon to the City Council that a public neoe"ly exists and rind that the public welfare and corrvenisna regt&W the UMV and aoWiring of a drainage se"msd tracts of 0.206 acres and a 0,910•scre tract of land In the Hiram Clow Survey, Abstract 1164. Mr. Moreno: 17 second. Commissioner EngelWscht Any discussion on Ou motion? Ms. Gourdle: Just dalkation. I believe he gold 0 208 Instead d 0.200. Od 1 hoar Out lcamew Mr. RishN: What I waded to "y, Mr. Chairman, was 0.209-sae and 0,010-saw tracts of land In Ou Hiram Clem Survey. Abstrad 1184. Ms. GourQN: Thank you. 6 f. Mr. Rlshel: Excuse me. Commissioner EngelWacht: Do you still second that? 8 c~ Planning and Zoning Commission Minutes October 28, ION Pegs 2 d 4 Mr. Moreno: Second. Commissioner Engelbrecht: Any other questions or discussion on Me motionl Al In favor, ploom raise your right hand: motion oamlas unanimously. IS - 01 Mr. PAW: Mr. Chairman, I'd Ike to move that we recommend to the City Council that a public neoasalty "lob and fnd Mat a public welfare and comerdsnos requires the taking and acquiring of a drainage aaern" trod of 0.388 acres of land In the }Tram Ci: o Survey, Abstract 1184. Mr. ,breno: Second. j- Commissioner Engeibrecht: Arty other questions or discussion on the nation? AN N favor, please raise your right hand; motion carries unanimously. 1S - 0) ITEMS FOR INDMOUAL CONSIDERABRN 14. Comoklor making a recommendation to the CNy Council regarding ft srmt closure and abandonment of West Prairie Street from Bonsai Brae Street to Interstate 38 service road (David Salmon) Canmissiow Engefarechl: Fourteen- Items for Individual Camkneredon. Mr, Salmon has also bw yoking this , evening. Consider molt a recommendation to Me City Council regarding the street closure and abandonment of Wes! Prairie Sleet from Bormis Bras to Interstate 35 service road. Mr. David Salmon prquMed See staff report Mr. Salmon: An you said, rm eNays giving away rght-of way and sasemerds, had I gum bnight's no exaptlan. TxDOT, Texas Doparlmo nt of Tnnsportelbn, has pse0oned the City to do way with a section of wool Pralrfs Street between Bonnier Brie and tit 1.35 service road N you're familiar with that arc, tee where their local omca Is. At one time, there was an apartment complex across the strsN Mat bum ad down and than theca are 11» MB Run parlirl right here on this band on Me service rood. This gives a We DR closer pioh" of what we're talking about. Just a few things I wanted to mention. This heron vent to the Tee* Safely Conmksbn, and there was a positive recommendation from that board. This has been to the Development Review Conmill". Than was A positive I", Mendetion from Me OWebpment Review Committee. One Rem that we did haw a it8s bit of discussion about was some fire aoceoo and safety issues with regard to the Iocalloe of sons fin hydrants and axes No this property. We feel that that will be adequately addressed. TxDOT Is proposkg to NA some, naw bindings end Sear dawn some of their old ones, and they own via property now on both skies of the street We feel that Ogee Issues can be adey stet' addressed! "n they build their new buildings, and we'1 work *M them on Mete the cirwistiorx end fire hydrant placement, etc, Bu we would any development So, woo think those Issues will be resolved when they actually come h with their plans, We would Ake to retain this area to a LOty easement beauty we do have existing utnRles M IL Staff thinks Nail McNo . R could decrease one problem 6x11 we we hwtng currently with the residents of Mil Run spertments exiling end going the wrong way on the senhe road br tit short distance to get over to Wet Pralrie Street ThO eliminate Nat problem. Other MW IKK I don't think Mere m any other Issues. Stuff Is recommending this, and 11 be glad to answer any questions you mlght have, Me. Gourdic Hew do the aps"rit people get fo their spartri l? Mr. Salmon: Currently, you an gel Bnara tram Pratte Stmt, or you can ail Bassin Brae oft of 35 wtd Dome In on the service road. What we would entklpaw Is that, 9 you're ooming down Bonnie Brae, you have to "I round tlne block and came down the service road. It's about a block fuller than N would be otherwise. Mr. Rishel: AN Nat's a one-way road--rlghl? Mr. Salmon: Yes--one-way service road. Ms. Oourdle: had so, to get to where they new to go. Nays going to haw to head north up to Oak Street? Is that / r how that works? Mr, CI vlmon: And that's lye way they really should be doing anyway. i 9 t! 1 ORDINANCE NO. AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF A DRAINAGE EASEMENT IN A PARCEL OF LAND COMPRISING 0.366 ACRES, LOCATED IN THE H. SISCO SURVEY, ABSTRACT NO. A-1184, OWNED BY JASPER KUYKENDALL, JR.; AUTHORIZING THE CITY MANAGER OR HIS DESIGNATE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET VALUE, AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING DRAINAGE IMPROVEMENTS FOR THE PEC-4 TRIBUTARY OF PECAN CREEK; AND DECLARING AN EFFECTIVE DATE. WHEREAS, it is hereby determined that a public necessity exists and that public welfare and convenience hereby require the acquisition of a drainage easement in the hereinafter described land for the public purpose of constructing drainage improvements for the PEC4 tributary of Pecan Creek, and that the City of Denton should acquire said property necessary for said purpose; and WHEREAS, the hereinafter described rroperty is owned by Jasper Kuykendall, Jr.; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: S=TION 1• That public necessity exists and public welfare and convenience require the acquisition of a drainage easement in the hereinafter described land as set forth in Exhibit "A" for the public purpose mentioned below, SECTION 11. That the City Manager or his designate is hereby authorized and directed to stake an offer for the property to the owner of said hereinafter described property, based on just compensation recommended by an independent appraisal prepared at the City Manager's direction. SECTION 111, That in the event the offer as described in Section II is refused by the owner of said property, the City Attorney is hereby authorized and directed to file the necessary ccndemnation proceedings or suit artd take whatever action that may be necessary against Jasper Kuykendall, Jr. to acquire a drainage easement in 0.366 acre parcel of land located in the H. Sisco Survey, Abstract Nr. A-1184 for r to public purpose of acquiring such prope ty for the construction of drainage improvements ld the PEC-4 tributary of Pecan Creek, the land more particularly described as follows: All that portion of land lying and being situated in the City of Denton, Denton County, Texas, described in Exhibit A attached hereto and made a part hereof for all purposes, to which reference is here made for a more particular description. 10 h ~ I II i 4j SECTION LY, That if it should be subsequently determined that additional parties other than those named herein have an interest in sald property, then in that event, the City Attorney Is authorized and directed to join said parties as Defendants in said condemnation. SECTION V. That this ordinance shall become effective irwiediately upon its passage and approval PASSED AND APPROVED this the day of ,1999. JACK MILLER, MAYOR ATTEST: ' JENWER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY A~ORNEY BY: y~ i~ i image Z 11 C+ c~ PROPUTY i) sc mp'noN 0.3" ACRE 0.366 OFAN ACRE OR LAND SITUATED IN THE IL SISCO SURVEY, A-11/4, LFNfON C'OUAJIY, SAID ACREAGE IS A PORTION OF A TRACT OF LAND CONVEYED TO JASPER KUYKENDAL ACCORDING TO THE DEED RECORDED IN VOLTAIC 722,PAGE 633,DEEDRE0ORK DENTONNCOUNTY, TEXAS. SAID ACREAGE ISMOREPARTiM,ARLYDESCRIEW BYIo783 AND HOUNDSAS FOLLOWS, ATA4INCHMONRODFOUNDATTHESOU HWESTCX OFSAIDKUYKENDALL, JR TRACT, SAME RENO THE SOUTHEAST CORNER OF A TRACt OF LAND CONVrM TO JASPER KUYXZNDALL ACCORDING TO THE DEED RECORDED IN VOLUME 639, PAGE 696, SAID DEED RECORDS. TMNCZ N004N'3I'E ALONG LIME SAID KUYKENDALL AND KUYMNDALL. JIL TRACT'S, 111.33 FEET TO THE THENCE N00'2311NE CONTINUING ALONG SAID LINE OOr' MN TO MMMMDALL AND KUYICENDALL, JR TRACT'S, 104.17 FEET TO A M INCH IRON ROD POUND AT THE NORTHWEST i CORNER OF SAID KUYKFNDALL,AL TRACT; THENCE S72'011701 ALONG THE NORTH LINE OF SAID KUYKMAII, JR. TRAM 170.14 FEET TO A I INCH PIPE FOUND, THENCE 300.40'344W ALONG THE EAST LINE OF SAID KUYJQ+NDALL, !A TRACT, 9144 PUT; THENCE N73.3T47'W LEAVING SAID EAST LINE, 1", 69 PEST TO THE PLACE OF BEGINNING. 4 i t, AGENDA INFORMATION SHEET AGENDA DATE: March 23,1449 DEPARTMENT: Flical Operations ACM: Kathy Du Bose OR) Fiscal and Municipal Services SUBJECT" A resolution nominating members to the Appraisal Review Board of the Denton Central Appraisal District; and declaring an effective date, BACKGROUND As you are aware, the Appraisal Review Board hears all appeals that are presented to the Appraisal District during the months of May through July and throughout the rest of the year as appeals are requested. Since this Is a very time consuming process during May through July, the individual who serves on the board should be available full-time during these months. Members of the Appraisal review Board serve two-year terms. Though the Appraisal Review Board members are nominated by taxing jurisdictions, the Appraisal District Board of Directors appoints them. The Board of Directors is scheduled to make their appointment at their March 25, 1099 meeting. A candidate is needed to fill a vacancy that was available due to the resignation of , Reginald Hilt. I have also attached information from the Appraisal District concerning the qualifications, appointment, and compensation of members of the Appraisal Review Board. Attached are a list of current Appraisal Review Board Members, and their terms. FISCAL INFORMATION There is no direct fiscal impact. I Respectfully submitted: t I r~ Diana a. Ortiz / j,- Director of Fiscal Operations 1 I I i RESOLUTION NO. A RESOLUTION NOMINATING MEMBERS TO THE APPRAISAL REVIEW BOAP.D OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas wishes to nominate members to the Appraisal Review Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION . That the City of Denton, Texas hereby nominates and as members to the Appraisal Review Board of the Denton Central Appraisal District. SfMjQhW. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1999. 1 JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: i APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CiTY ATTORNEY BY: r on. bq'lGlar 0arnmsInd,.bW.M1AMINAr1 MIMISAI Irvaw pAAna. i 1999 APPRAISAL. REVIEW BOARD Original Term - Jan 1996 Term Expires 12131/99 H.W. SPROWIS 617 Pine Bluff Lewisville, Texas 75067 972.221.2240 Original Term - Jan. 1997 Term Expires 12/3112000 TOM HARKER 626 Reno Lewisville, Texas 75067 972.436-0270 Original Term - Jan. 1995 Term Expires 12/3112000 ROLAND LANEY 2508 Robinwood Lane Denton, Texas 76202 940.382.805 Original Term-Jan. 1998 Tenn Expires 12131/519 HARRY 0. KING 1908 Westridge Dcnlon,Teaas 76205 Original Term - Jan, 1998 Term Expires 12131199 LARRY T. WILSON 205 Old Alton Dr. Denton, Texas 76205 940-484-3235 Original Term - Jan. 1996 Term Expires 1211199 J,A. 11INSELY 312 W. Hickoty, Ste. 211 Denton, Texas 76201 940.383.3009.Office Original Term - Jan. 1998 Term Expires 12/311" PATSY L. MONCRIEF 1022 W. Strodcr Road Justin, Texas 76247 940-048.3252 i Original Term -Jan, ;999 Term Expires 12131/2000 t tie'` c CHARLES F,GOODHUE 1708 Timber Ridge Circle Corinth, Texas 76205 940.497.3646 3 . cOriginal Tenn - Jan. 1999 Term Expires 12/3112000 W. GARLAND THORNTON, JR. 625 Mimosa Drive Denton, Texas 76201 940-382-7804 940-458-7404 Original Term - Jan. 1999 Tern-, Expires 1 213 112 000 (4 RAYMOND REDMON 1125 Morse Denton, Texas 76205 940.3874247 Original Term-3an.1999 Term Expires 12/1 '000 MARGARET Z.BRENNAN 1308 Woodlake Ct. Corinth, Texas 76205 940.484.7166 RESIGNED: Original Term -Jan. 1999 Term Expires 12/3112000 REGINALD L• HILL 1806 Teasley Lane #406 Denton, Texas 76205 940.566.0975 a 1 00 4 AP46; " DM1 -r- AGENDA INFORMATION SHEET AGENDA DA fEr March 23,1999 DEPARTMENT: General Government CMIDCMJACM: Michael W. Jet, City Manager SLIBJF~: Consider approval of an ordinance amending Ordinance Nos. 88 189 and 95.191 and Chapter 8 of the Code of Ordinances, W}uch respectively granted a french'--e to Sammons Communications, Inc, and authorized the transfer of that franchise to Marcus Cable Associates, LP,, granting consent to the assignment and transfer of control of a cable television system and franchise from Marcus Cable Associates, L.L.C. to Paul 0. Allen; and approving an acceptance agreement and an agreement In accordance with the terms and conditions of this ordinance; providing for a savings clause; providing for publication; providing for the effect of this ordinance upon other ordinances and resolutions; and providing an effective date. i3ACKGRO[tiND: The existing cable television franchise was awarded to Sammons Communication in November 1988. The franchise expires in 2003. In September 1995, council approved the transfer of the franchise to Marcus Cable. In 1998, Slicrosoft co-founder Paul Allen purchased Marcus Cable, lie also purchased SI. Louis-bused Charter communications (also a cable television provider). Charter's management team is currently overseeing the operation of Marcus Cable. As stated in Sec. 8.62 of the Code of Ordinances, the city has the right and obligation to evaluate the proposed assignee on technical, financial, and legal grounds as well as general character. In ord:rto better evaluate the proposed assignee, the city of Denton joined with approximately 20 other cities in North Texas that are served by Marcus. This is similar to the approach we took in 1993, The consortium of cities retained the services of Varnum, Riddering. Schmidt, and t IrN I low Icti, a law firm in Grand Rapids, Nil , that Is well-recogr'ted for their expertise in cable and telecommunications matters. Representatives from this same firm assisted the cities in 1995 with I .l I I s the transfer to Marcus. The cities also hired C2 Consulting Services, Inc. to evaluate the proposed assignee's financial qualifications. The cities had numerous face-to-face meetings and conference telephone calls with the consultants and with representatives from Charter Communications. Many of the other cities in the consortium, especially Port Worth, have experienced unsatisfactory customer service from Marcus which resulted in City Council members and city staff receiving many telephone calls from unhappy cable subscribers. Therefore, the major issue in the transfer negotiations was customer service standards and financial penalties (liquidated damages) for failure to meet those standards. Even though Denton has not experienced these problems, we bcnefiled by our membership in the consortium, and the attached letter of agreement with Charter contains stricter customer service standards and more severe financial penalties for failure to meet those standards. The negotiated letter of agreement also contains provisions for Charier to financially assiI the city with conversion of the city cable channel to a digital format when such a format becomes the industry standard, It also commits the cable provider to furnish each of our municipal library locations with cable modem access to the Internet (which is approximately 1,000 times faster than telephone lines). Charter is also certifying that they are, or will be, Y2K compliant. The city has 120 days from the date we are notified of a change of control in the cable company to eithet approve or deny the transfer. The city is deemed to have consented to a transfer in the event its refusal to consent is not communicated in writing to the grantee within the 120-day time period, The original deadline for approval/denial was January 1, 1999. However, due to the length of the negotiations and fewer City Counc' meetings over the holidays in mast of the cities, the deadline was extended by Charter to March 15. Charter has since extended the deadline for final approval and the publication peril.; past March 15 as long as the first reading of the ordinance to approve occurred prior to Starch 15. S: OPTION 1. Approve ordinance approving the lransler of the cable lelevisir + franchise (second reading). Following approval on second reading, ordinance becomes effective following a 21-day publication period. 2, Deny ordinance. HFCOMMUNDUION Staff rccommcnds Option # I, approving the transfer. PRIOR AC"i lONIREVI EVtit (Council, Boards, and Commissions) City Council work session, February 23, 1999. Council directed staff to prepare an ordinance approving the transfer. + N City Council regular meeting, Starch 2, 1999, Ordinance was passed on to second reading, .2. t• I FISCAL INFORMATION: Cost of legal and financial analysis and negotiation of letter of agreement: approximately $20 000425,000. Charter will reimburse the city for its expenses Including publication costs. Net cost to city: zero. Charter has agreed that the costs associated with the transfer will not be passed through to subscribers in rates. E'er: 1. Ordinance approving the transfer orthe cable television franchise, (th exhibits: #1. Acceptance agreement M2. Agreement with Paul O. Allen b3. Pole lease agreement 04. Cable duct use agreement Respectfully submitted: Michael W. ,fez City Manager Prepared by; Richard Foster Public Information Otlicer PJ(A Arend^1Wgw%1113.99r raA%rcrCmhle rVF=ch1w due i ~r / At i .3. I I I t. ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NOS. 88.189 AND 95-191 AND CHAPTER 8 OF THE CODE OF ORDINANCES, WHICH RESPECTIVELY GRANTED A FRANCHISE TO SAMMONS COMMUNICATIONS, INC. AND AUTHORIZED THE TRp,NSFER OF THAT FRANCHISE TO MARCUS CABLE ASSOCIATES, L.P., GRANTING CONSENT TO THE ASSIGNMENT AND TRANSFER OF CONTROL OF A CABLE TELEVISION SYS- TEM AND FRANCHISE FROM MARCUS CABLE ASSOCIATES, L.L,C. TO PAUL 0. AL- IEN; AND APPROVING AN ACCEPTANCE AGREEMENT AND AN AGREEMENT IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF 'THIS ORDINANCE; PRO- VIDING FOR A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR THE EFFECT OF THIS ORDINANCE UPON OTHER ORDINANCES AND RESOLIMONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton granted a cable television frar-dse to Sammons Com- munications, Inc. ("Sammons') pursuant to Ordinance No. 88.189 passed by the City Council on November S, 1988 and duly accepted by Sammons which incorporates the provisions of Chapter 8 "Cable Television" of the Code of Ordinances of the City of Denton; and i WHEREAS, the City's Ordinance No, 95-191 consented to the transfer and assignment t of the Franchise and the cable television system in the City from Sammons to Marcus Cable As- wciates, L,P, subject to the terms and conditions set forth in the Ordinance and in an Acceptance Agreement datee September 12. 1993. (Ordinance Nos. 88.189 and 95.191 and the Acceptance Agreement of September 12, 1995 are hereinafter referred to collectively as the "Franchise'); and WHEREAS, performance of the obligations of the Franchise by Mar-, us Cable Associ- ates, L.P, was unconditionally guaranteed by Marcus Cable Operating Company, L.P., Marcus Cable Company, L.P. and Marcus Cable Properties, L.P.; and WHEREAS, Marcus Cable Associates, L.P. has converted to a Delaware limited liability company named Marcus Cable Associates, L,L.C„ which is the current grardee under the Fran- chise; and WHEREAS, the other Marcus entities that are guarantors of the performance of the Fran- chise have also converted to Delaware limited liability companies rospeclively named Marcus Cable Operating Company, LL.C. ("MCOC'), Marcus Cable Company, L.L,C. ("MCC') and Marcus Cable Properties, L.L,C, MCPLLC'); and WInREAS, Marct r Cable Associates, L.L.C. is a wholly owned subsidiary if MCOC , which is in wm a wholly owned subsidiary of MCC; and WHEREAS, Charter Communications Holdings, L.L.C., a Delaware limited liability company ("CC Holdings') Is or will be the sole owner of MCC; and 4 i WHEREAS, CC Holdings is or will be wholly owned by the following entities: MCPLLC, Vulcan Cable, Inc., a Washington corporation ("Vulcan'), Vulcan Cable 11, Inc., a Washington corporation ("Vulcan II'), and Charter Communications, Inc. ("Charter'); and WHEREAS, MCPLLC is owned 74,36% by Marcus Cable Properties, Inc., a Delaware corporation ("MCP Inc; ) and 23.64% by Vulcan; and WHEREAS, Paul 0. Allen is the sole owner of MCP Inc., Vulcan and Vulcan tI and owns 93.25% of Charter, and Allen th.xeby controls Marcus Cable Associates, L.L.C., the grantee under the Franchise; and WHEREAS, Vulcan is the Manager of MCC pursuant to First Amendment to Operating Agreement dated as of August 25, 1998; and WHEREAS, Charter is managing Marcus Cable Associates, L.L,C. pursuant to a Man- agement Consulting Agreement dated as of October 6, 1998; and WHEREAS, the ownership and control structure as it will exist after the transfer of con- trol is shown in Exhibit A; and WHEREAS, the transfer of control of Marcus Cable Associates, L.L.C. to Allen, the re- structuring of the Marcus and Charter cable businesses, and the management of Marcus Cable Associates, L.L.C. by Charter are hereinafter referred to collectively as the "Transaction'; and WHEREAS, MCPLLC and Vulcan submitted an Application for Franchise Authority Consent on FCC Form 394 providing certain inforwition with respect to the parties and the pro- posed transfer in accordance with Section 8.62 of tha Code of Ordinances of the City of Denton, and the City has joined with a number of other cities in the Dallas/Fort Worth region served by Marcus Cable Associates, L.L.C, to hire the law firm of Varnum, Riddering, Schmidt & Howlett L.L.P. to examine and evaluate the transfer and to represent the cities in negotiations with Paul 0. Allen and Marcus Cable Associates, L.L.C. regarding the transfer; and WHEREAS, MCPLLC, Charter and Vulcan submittei additional information and docu- ments relating to the Transaction and its effect on the provision of cable television service within the City in response to requests of the City; and WHEREAS, the City is relying upon the foregoing information and documents in acting upon the Application for Franchising Authority Consent; and WNFKEAS, the Cit a Council, relying on the recommendation of Varmun, R1dd aing, Schmidt & Howlett, L.L.P. and the City staff, in accordance with Section 8.62 of the Code of Ordinances n and Applicable federal laws and regulations, has examined Paul 0. Allen's financiti capabilities, legal qualifications, general character qualifications, and technical ability to meet community needs for cable television service and to comply with the provision of the Franchise, the current Pole Lease and Cable Duct Use Agreements, the conditions imposed by this ordinance, and with all applicable local, state, and federal laws and regulations; and 5 s T WHEREAS, the City intends to conttint to the Transaction, subject to acceptance by Marcus Cable Associates, L L.C., MCP Inc., CC Holdings, Charter, Vulcan and Vulcan It of the terms and conditions set forth herein, having determined that such consent is in the best interest of and consistent with the public necessity and convenience of the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council hereby consents to the Transaction, including the transfer of control of the Franchise and the cable television system from Marcus Cable Associ- ates, L.L.C. to Paul 0. Allen, subject to execution by Marcus Cable Associates, L.L.C., MCP Inc., CC Holdings, Charier, Vulcan and Vulcan 11 of an Acceptance Agreement in the form at- tached hereto and incorporated herein as Exhibit 1, and subject to execution by Paul G. Allen of an Agreement in the form attached hereto and incorporated herein as Exhibit 2, SECTION It. That the City Council hereby consents to and approves Marcus Cable As- soclates, L.L.C.'s continued operation under the terms and conditions of those certain Pole Lease and Cable Duct Use Agreements, attached hereto and incorporated herein as Exhibits 3 and 4 for the remaining terms of these agreements. SECTION 111, not to the extent that this ordinance or the attached Acceptance Agree- ment and Agreement modify any of the terns and conditions of Ordinance No. 88.189 and Ordi- nance No, 95.191 and Chapter 8 of the Code of Ordinances of the City of Denton, said ordi- nances and Chapter 8 of the Code of Ordinances are hereby amended. Save and except as hereby amended, the remaining sections, sentences, paragraphs, and provisions of Ordinance Nos. 88- 189 and 95.191 and Chapter 8 of the Code of Ordinances shall remain unchanged and in full force and effect. SECTION IV. That in accordance with Srtion 13,02 c f the City Charter, this ordinance shall become effective twenty-one days after final approval, if, after that date, Vulcan and Char- ter shall have their written acceptance of this ordinance by signing as provided below; and pro- vided that, after final approval and before expiration of twenty-one days, the full text of this or- dinance shall be published once each week for two consecutive weeks in the official newspaper of the City, the entire expense of which shall be bome by Vulcan, Vulcan 11, and Chatter. The City Secretary is hereby directed to publish the Rill text of this ordinance in such official news- paper of the City once each week for two consecutive weeks immediately following the passage of this ordinance on second reading. SFCIION V. That Vulcan Cable, Inc., Vulcan Cable II, Inc., Charter Communications, Inc., and Charter Communiralions Holdings, L.L,C, for themselves, their successor and assigns shall accept this ordinance including the attached exhibits and agree to be bound by all of its r terms and conditions by executing the paragraph entitled "Acceptance" on page 4 of this ordi. , nance. E SECTION VI, That this ordinance shall be In full force and effect from and after its pas- sage, publication and written acceptance as above specified; provided however, that this ordi- nance shall expire and be of no further force and effect on October 31, 1999 if the entire Traits. action has not been consummated by that date. E 6 f PASSED AND APPROVED this the day of _ 1999, JACK MILLER, MAYOR ATTEST-. JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY ~ I BY: ACCEPTANCE: By the signature hereunder, Vulcan Cable, Inc., Vulcan Cable U, Inc., Charter Communications, Inc,, and Charier Communications Holdings, L.t.C., the transferee and grantee, hereby represent that the officers signing below are fully authorized to bind the under- signed corporations, and their signatures herxn constitute an acceptance and the undersigned business entities' agreement to fully comply and abide by the terms and conditions of this Ordi- nance, Ordinance Nos. 88.189 end 95-191 as amended hereby, the attached Acceptance Agree- ment and Pole Lease Agreement, the provisions of Chapter 8 of the Code of Ordinances of the City of Denton, Article XIII "Franchises" of the City Charter, and all other applicable laws and regulations. VULCAN CABLE, INC. , BY: Tide: Date of Execution: i 7 ~ I I ' 4 VULCAN CABLE H. INC. BY: i Title: Dale of Execution: CHARTER COMMUNICATIONS, INC. I, BY: Title: Date of Execution: CHARTER COMMUNICATIONS HOLDINGS, INC. BY: Title; Date of Execution: ICU UX.IY0L1"=\DtM6LI0w DKWWV&&~1ff~ I=&" 1 8 t EXHIBIT I DENTON ACCEPTANCE OF TERMS AND CONDITIONS TO TRANSFER OF CONTROL OF A CABLE TELEVISION SYSTEM AND FRANCHISE ("ACCEPTANCE AGREEMENT") This Acceptance Agreement dated as of , 1999 relates to a cable television franchise granted by the City of Denton ("City') in Ordinance No. 88.189, as amended by Ordinance No. 95-191 and an Acceptance Agreement dated September 12, 1995. The foregoing Ordinances and the 1995 Acceptance Agreemcnt are hereinafter referred to collectively as the "Franchise," Marcus Cable Associates, L.L.C., formerly Marcus Cable Associates, L.P., is the current grantee under the Franchise and is referred to heroin as "Company". Company is a wholly owned subsidiary of Marcus Cable Operating Company, L.L.C. Marcus Cable Operating Company, L.L.C. is a wholly owned subsidiary of Marcus Cable Company, L.L.C. Marcus Cable Company, L.L.C. is in turn wholly owned, directly or indirectly, by Marcus Cable Properties, Inc. ("MCP'l and Vulcan Cable, Inc., a Washington corporation ("Vulcan"). MCP and Vulcan are wholly owned by Paul 0. Allen ("Allen"). The following matters are the subject of this Acceptance Agreement: 0 Vulcan will become the Manager of Marcus Cable Company, L.L.C. pursuant to First Amendment to Operating Agreement dated August 25, 1998. • Allen has acquired 93.25% ownership of Charter Communications, inc., ("Charteel, a Delaware corporation that indirectly owns all of the Charter cable television operating entities. Charter has been conducting the day-to-day operations of Company pursuant to a Management Consulting Agreement dated as of October 6, 1998. • Charter Communications Holdings, L.L.C. ("CC Holdings', a Delaware limited hNlity company, owns or will own 100°/a of Marcus Cable Company, which will continue to own 100% of Marcus Cable Operating Company, L.L.C., which in turn owns 100'/0 of Company and 100% of Ali other Marcus cable television operating entities. CC Holdings will also have Indirect 100% i r ownership of all Charter cabla television operating entities. 9 5.1 The ability of the City to obtain redress for prior Defaults, such as recovery of any underpayment of franchise fees or obtain refunds for periods prior to the Transaction. 5.2 The ability of the City to enforce in the future any Franchise terms which may not have been enforced in the past. 5.3 The ability of the City to consider Defaults occurring prior to the Transaction in connection with any renewal or nonrenewal of the Franchise. 5.4 This Section 5 is without prejudice to Company, MCP, V•0can or CC Holdings contending that the defsult or failure to comply has been cured. 6. Validity of Frey, Charter, MCP, CC Holdings and Vulcan accept and agree to be bound by the terms and conditions of the City Charter, the Franchise and all crdinances applicable to Company's operations after the transfer, Charter, MCP, CC Holdings, Vulcan and Company do not contend that any provision of the Franchise is unlawful or unenforceable, not are they aware of any ordinance or any provision in the City Charter which they contend is unlawful or unenforceable. The City acknowledges that the Franchise Is in M1 force and effect. 7. Frenchire for C~b1e Onty. Company, MCP, CC Holdings, Chatter and Vulcan acknowledge that the Franchise is granted solely for the provision of Cable Service including services described in Section 12. 8. Service and F w=ent for Public Facilities 8.1 Following the transfer of control, Charter, MCP, CC Holdings and Vulcan will cause Company to continue to provide the same installations and service without charge to public facilitits being provided at the present time, but in all events no teas than is requ'red by the Franchise, this Acceptance Agreement or any applicablt city ordinance. 3 10 i cI I i i i a 9. Access to Records; The records and reports of the franchise grantee which are to be submitted to the City or otherwise made available for the City (such as for inspection by the City) pursuant to the Franchise or other ordinance or charter provisions of the City shall include records maintained by Charter, Vulcan, CC Holdings and their Affiliates to the extent necessary for the City to discharge its responsibilities under the Franchise, FCC rules or state or local law, or to insure compliance with the Franchise or this Acceptance Agreement. 10. TraUsaction Sranspent to gates: CC Holdings, Charter, MCA, Company and Vulcan acknowledge that unless expressly provided elsewhere in this Acceptance Agreement (a) the transfer, the consent process, the City's action granting consent, and this Acceptance Agreement and the terms hereof (other than Section 182.) do not provide any basis for increasing the amounts paid by subscribers through cost peas-through as so-called "external costa" or as ' new franchise requirements, (b) the consent process, action, and this Acceptance Agreement do not provide any basis for increasing the amounts paid by subscribers in any other manner, and (c) Company will not separately itemize costs or franchise requirements arising from this Acceptance Agreement on subscriber bills. 11. Review of Purchase Mee. Section 8.62(i) of the Cable Television Ordinance contains provisions relating to review by the City of the price paid for the cable system and the impact of that price on future rates. In light of the present limitations and uncertain future of rate regulation, the parties have agreed not to address the Interpretation, application and enforceability of these provisions In the consent process. All such matters may be raised and decided in the future. MCP, Charter and Vulcan agree that the City has not waived any claims or rights it may have in that connection by failing to pursue them in the transfer approval process and the City acknowledges that MCP, Charter and Vulcan have not waived any rights in that connection. 12, Cable ..Ms~Sm. High-Soled Data and Innternet_Services, The Federal Telecommunications Act of 1996 modified the definition of "cable services" in the Federal Cable Act (Title VI of the Communications Act of 1934, 47 USC Section 115 and following), The change addresses cable companies' ability to provide Enhanced, Advanced Cable Services over a Cable System as a cable service (and not as a telephone service, with accompanying telephone regulation.) The Franchise predates and does not reflect this i~ 4 1 11 l i .1 i legislative change. Company intends to provide Enhanced, Advanced Cable Services where economically feasible. 12.1 To remove any uncertainty on Company' authority to provide Enhanced, Advanced Cable Services the parties agree that Company has the authority to provide Enhanced, Advanced Cable Services under the Franchise and that the revenues therefrom shall be included in gross revenues for the purpose of computing and paying cable franchise fees. 12.2 If Company provides any Enhanced, Advanced Cable Services a residential subscribers within the City, then without any initial or ongoing charge it shall provide the City cable modems an i associated access to the Interret with a speed of up to 250 kbs. Such modems and service shall be provided to each City library located within City and to three (3) additional locations specified by the City in City buildings. 13. System Upgrade. If Co,--pany has scheduled an upgrade of Company's facilities in the City that has not yet been completed, the estimated completion date is shown on Schedule 13. Company, CC Holdings, MCP, Chatter and Vulcan agree that the Transaction will not adversely affect the scope or timing of the upgrade. 14. Continui of MapagcmtnL Company, CC Holdings, MCP, Charter and Vulcan acknowledge that (a) at the time of submission of the Form 394 I subscribers residing in the City were experiencing serious and ongoing deficiencies in service, (b) the provisions of Exhibit a are in response to these problems, and (c) the City is approving the Transaction and the transfer of control in reliance on the actions taken by Allen and Charter in the interim to improve customer service and in the expectation of continuity of Charter's management to assure that the problems will not recur. Allen and Charter have informed the City that they intend to keep the present Charter management learn in place. Until the Transaction Is completed, Chatter will continue to manage Company and the cable television system in the City. 15. . Company will not file a submission to increase its rates for basic cable service, equipment, or service calla regulated by the City more than once in each calendar year. r' S 12 cw. ! 6. Other Mgtt,~ 16.1 CPdkl: In the event of any conflict between the terms of this Acceptance Agreement and the Franchise or any City Ordinance, that provision which provides the greatest benefit to the City, in the opinion of t':e City Council, shall prevail. 16.2 i JJ=: The parties hereto will join the City in obtaining from the FCC any waivers or other relief from time to time necessary to effectuate the provisions of this Acceptance Agreement. 16.3 h'y11gpd V°id: At the City's option this Acceptance Agreement and the City's consent to the Transaction shall become null and void In either of the following circumstances. Such option may be exercised prior to completion of the Transaction by the City giving written notice to Company and Vulcan at the addresses designated In the Form 394, 16.3.1 If the transfer of control of the Franchise or any other part of the Transaction Is not completed on or before October 31, 1999. 16.3.2 If the Management Consulting Agreement dated as of October 6, 1998 pursuant to which Charter Is di oecting the management of Company Is terminated or if Charter's control over Company's operations Is materially reduced, 16.4 I=: Vulcan will cause the City to be reimbursed for its reasonable expenses in connection with the consent process Including publication costs and foes of consultants and attorneys. Such reimbursement shall not exceed the aggregate amount of S27S,000 plus publication costs for the City and the other municipalities which have acted with the City In connection with the consent process. Reimbursement of costs and fees under this provision shall not be considered a payment of franchise fees, shall not be passed through to subscribers and It subject to the provisions of Section 10. 16.5 Venue and Choice of ate: Venue of any suit under or arising out of this Acceptance Agreement shall be exclusively In Denton County, ' 1 !t 6 13 L4 Texas or in the United States District Court for the Northern District of Texas. This Acceptance Agreement shall be construed In accordance with the laws of the State of Texas. 16.6 Treatment of Liquidated Dama_nea; Company, CC Holdings, MCP and Vulcan acknowledge and agree that liquidated damages under this Acceptance Agreement (including its Exhibits) and the Franchise do not constitute franchise fees, do not reduce the amounts otherwise payable as franchise fees, and will not be passed through to subscribers. 16.7 Y2K CCooN1i m By September 30,1999 Company will become Y2K compliant and will establish and provide the City with a copy of a contingency plan to prevent disruption of mission cdticat components including customer service matters. 16.8 Wire Maintenance CI: Company has announced its intention to discontinue the 990 optional wire maintenance fee program that Company first implemented in IM ("Current Fee') and offer in its place an optional program covering maintenance of both telephone and cable wires for a monthly fee of approximately 990 ("New Program'). 16.8.1 If thls occurs during or before March 1999; (a) the City will not seek to obtain refunds of amounts collected under the Cumm Fee; (b) if the City has adopted a Rate Order with respect to the Current Fee, the Rate Order will be deemed to be withdrawn; and (c) if there is a proceeding pending before the FCC with respect to such a Rate Order Company and the City will jointly request termination of the proceeding. 16.8.2 The City will not challenge the New Program during 1999 if the monthly charge remains under S 1.00. 16.9 qa Ord : Unless a final order of the FCC (►ffirmed on appeal If an appeal Is taken) determines that franchise authority rate orders are automatically stayed by the riling of an appeal to the FCC, Company will Implement each rate order adopted by the City unless and until Company obtains an order of the FCC or a court of competent r jurisdiction staying the effectiveness of the rate order. Company wil! i1 14 h t reimburse all attorneys fees and other expenses incurred by the city as a result of a violation of this Section 16.9, 16.10 Fr n&'se F Calculation: Company will comply with the decision of the United States Court of Appeals for the Fifth Circuit in C!ry of Dallas v FCC, 118 Fad 393 (1997). 16.10.1 Company will pay the additional franchise fees due under the Fifth Circuit decision with interest and without pass-through to subscribers for the time period from September 1997 until Company implemented the decision. 16.10.2 Company will also pay the additional franchise fees due under the Fifth Circuit decision for the period of time from the FCC's decision in Un.ted Ardsts Cable of Baltimore, 10 FCC Red. 7150 (1995) to September 1997 tog:ther with Interest thereon. Company may pass dinpugh payments under this Section 16.10.2 to subscribers (other than interest) if and to the extent I G,mpany reduced its charges to subscribers as a result of t;ie FCC's decision, 17. Ing'tut;nnai Network t Company shall pro~dde, construct, operate and maintain an lnstitutonal Network (excluding coders/decoders, interface and other terminal equipment which will be supplied by Users) that will provide the City and other I•NET Users with Institutional Network Services. The I. NET shall be as set forth below. Unless the City agrees otherwise in writing, the I•NET, Including the individual fiber optic fibers constituting all or a potion of it, shall be owned and maintained by Company but provided for the exclusive use of the City and other I•NET Users and shall be provided without any charge to the City or I•NET Users. 17.1 This Section is left blank, 17,2 Company shall install and terminate additional fiber optic pairs ("Incremental I•NET Fiber') in Company's future new and replacement fiber optic installations for use as an I-NET as follows, , ~7s•~ 6 15 i tc: P, 17,2,1 City will inform Company in writing from time to time of rho additional facilities it would tike to have served by an I-NET. Company will use such information In its platys for future fiber installations, where (forexample) one routing mill pass a facility City would like to have served and another (of comparable cost) would not. 17,2,2 By January 31 of each year Company will provide City with its conceptual plans for new and replacement fiber optic constriction for that calendar year. 1713 Company will also provide City from time to time during the year with written notice of conceptual plans for any additional fiber optic construction during that year (or January of the ' following year). Such notice shell be provided as soon as Is feasible. 17.2.4 upon written request by City, Company will provide City with a conceptual cc st estimate (and other information City reasonably requi te) of installing Incremental I-Net Fiber & all or a portion of the routes that are a pert of such conceptuai plans. Such esti mates shall be provided as soon as possible after request by City in order that City may have time to obtain approval (such as from its legislative body) to install such Incremental I-Net' iber. 17.2.3 As to any route where City has requested a conceptual cost estimate, Company shall provide City with the final cost of installing Incremental I-Net Fiber (and such other Information as City may reasonably request) as soon as Company's design of the fiber for such route is reasonably complete. City will have 30 days after receipt of the final cost figure to notify Company to install Incremental ['NET Fiber, 17.2,6 The coat of Installing Incremental I-NET Fiber shall be computed on an incremental basis, meaning the difference in cost to Company of constructing and installing fiber on a given route (a) with, and (b) without, the Incremental I-NET Fiber, 9 i '8 II r I 17.2.7 Company shall be reimbursed by City for the cost of instr Ming I-NET fibers under this Section 17.2 computed as set fot,h in Section 17.2.6, 17.3 I_NET Maintenance. Company shall provide 1-NET Users with a reliable level of service, repair an,' maintenance that at a minimum, meets the following performance s'andards: 17,3, l Company shall maintain a minimum of 99,5 percent service availability to I-NET Users measured over a period of one year. 17.3.2 Company shall respond to repair requests from an I-NET User for circuits identified as critical pursuant to Section 17.3.4 within 2 (two) hours of the request. Company shall respond to other repair requests within four (4) hours of the request. 17.3.3 Company shall provide ongoing nuiatenance at its discretion, as it deems necessary. Company shall provide at leant one week advance notice to any affected I-NET User of any maintenance tequiring temporary Interruption of services, except in emergency situations. 17.3.4 Company and the City shall develop a mutually agreeable priority listing of critleA circuits and their terminal locations. When notifying Company of service complaints, an I•NET User shall identify cd6cal circuits requiring priority repair. Company shall escalate repair of critical circuits to the extent reasonable under the circumstances. 17.4 . 17AI1ni6httlonal Network or I-NET mearn the fiber optic communications network described in Section 17 and Schedule 17 to be constructed and operated by Company for the provision to I-NET Users (but not Cable Service subscribers) of Institutional Network Services. 17.4.2 means the provision of usable bandwidth capacity to I•NET Users through fiber optic lines for to 17 i i ~ a, (I yy N applications including but not limited to two-way dedicated voice, data, video and telephony channels connecting and interconnecting facilities owned, leased or used by the City, schools, counties, road commissicns or other units of state or local government. Other applications include but not limited to computerized traffic control systems for coordinated traffic control on an area-wide basis; Supervisory Control and Data Acquisition (SCADA) systems for municipally owned water, sewer, gas and electric systems (including street lighting systzrts); interconnection of facilities serving police, fire and other public safety systems, video arraignment facilities for local courts; interconnection of government buildings for the two or one-way interchange of video signals; and local area networks or wide area networks connecting governmental buildings, such as for GIS (Geographical Informational Systems) purposes. 17.4.3 [-NET Use means and is limited to the City and any school or unit of state or local government designated by the City to receive Institutional Network Services under this Acceptance Agreement. 18, Broa&ul and cable channels are likely to convert in whole or in part to an HDTV (high definition television) format within the next few years, with channels likt'y being delivered in both HDTV and conventional analog formats during a transition period. The following provisions address the ability of the City to acquire additional PEG Channels such that one or more Users may have their signals simultaneously delivered by the Cable System in both an HDTV and conventional analog 6 MHz NTSC format for the transition period, and provide funds for Users to convert to an HDTV format. 18.1 Pamy Company shall provide qu,rterly reports to City on its plans and progress for HDTV conversion, including the number of channels to be converted, date, equipment change, formats to be used and o:her information reasonably necessary for the City to be able to plan an appropriate and potentially concurrent conversion of PEG Channels and facilities to HDTV format. 18,2 Caa; Ater the date when Company provides at least fifty (30) channels in one or more of several hlgh definition television (or r / 11 t8 I I 4 successor) formats, as such formats may from time to time be adopted or in effect ("F!DTV Fom,at"), then upon request from City Company shall provide a Capital Facilities grant to City sufficient for Users to convert all their fa: ilities and equipment (including but not limited to studios, vans, video, audio, lighting, control, storage and editing equipment) to the HDTV Format selected by City but with the amount of such grant not to exceed 30¢ per customer per month when amortized over Company's subscribers as of the end of the calendar quarter preceding the date when the grant is made, using straight line amortization without interest for the lesser of five (5) years or the remaining term of the Frattchisr City shall allocate the grant among Users for such purpose as City deems is in the public interest Company shall modify the cable system whereby Company receives PEG signals from each User (for redistribution on its Cable System) so as to be capable of receiving and accepting the User's signals. City shall co- ordinate with Company to ensure that the HDTV Format selected by City is compatible with the format employed by Company. 18.3 Temporary Additional PEG Channels: After the date when Company provides at least fifty (50) channete in HDTV Format, City may from time to time request, and Company shall provide, one additional PEG Channel so as to allow, to the extent deemed appropriate by City, PEG Channel simulcasting in both 6 MHz analog NTSC format and in an HDTV Format Company need no longer provide the additional PEG Channel described in the preceding sentence when Company no longer provides any channel of programming on the Cable System in 6 MHz NTSC analog format. 18.4 Allocation of PEG Channne! As of the effective date of this Acceptance Agreement City muy allocate and reallocate PEG Channels as follows: City may at any time on six (6) months notice to Company allocate or reallocate the usage of the PEG Channels among and between different uses and Users. This expressly may include City removing a User or PEG Channel, replacing a User or PEG Channel, requiring several different persons to shun or jointly use a given PEG Channel or conversely allowing one or more persons currently sharing such a channel to have a channel on which they are the sole User. tz r 19 i 1 t~ u 4 19.• Leased Access and PEG Channels: The need for a PEG Channel can be removed by Company providing the User designated by City of such current or prospective PEG Channel with an otherwise identical leased access channel, so long as the leasiod access rate for such User is One Dollar (51.00) per year. In the event die treceding sentence is exercised it shall be applied first to educational chas,cis and then to public channels, If applied to such channels the channel number on which they are carried shall not be changed and such channels shall be included in the basic tier of service and shall be listed in Company's program g tide or comparable listing with an appropriate description, such as "City of Fort Worth Channel" or "Fort Worth Public Schools Channel" The need for a PEG Channel is removed only io long as the User in question in fact is provided with such leased access channel. 20. Transfe . City consent in advance shall be required for a transfer of control of Company, which shall include, but is not limited to, any of the following; 20.1 Any change In limited partnership Interests, non-managing limited liability company interests, or non voting stock representing thirty percent or more of the equity interests in the entity in question. 20.2 Any option, right of conversion or similar right to acquire interests constituting control without substantial additions! consideration (such as compared to consideration previously provided). 20.3 Any change In the effective control of Company including that described in 47 C.F.R. 4 76.!J1 and following (including the notes thereto but excluding footnote 20 as in effect on the date of this Acceptance Agreement. 20.4 A transfer by Paul 0. Allen of any interest in MCP, Vulcan, Vulcan 11 or Charter other than to an entity at feast 80% owned by him that assumes the guarantees provided in Section 23. 20.$ Any transfer or transfers such that the direct and indirect ownership of Allen in CC Holdings is less than 70%. 20.6 Any acquisition of more than 10% ownership of CC Holdings by a person or entity (or a group of persons or entities acting together) other than Allen or entities wholly or more than 90% owned by Allen. 13 20 i i r. a 21, SWWJ Prevision; Company will implement the refund plan in response to FCC Order OA97.2441 upon approval of the plan by the FCC and without filing a petition for reconsideration or other delaying action, 22, Definillona. The following definitions shall apply for the purpose of this Acceptance Agreement and its Exhibits. 22.1 Affil'ato means any individual, partnership, association, joint stock company, limited liability company, trust, corporation, or other person or entity who owns or controls, or is owned or controlled by, or is under common ownership or control with the entity in question. 22,: Capital Factlidea meats PEO Channel and I-NET related facilities and ' equipment Including fiber lines, studios, production facilities, vans and cameras or other property having a useful life of more than one year, as well as any expenditures which Increase or add to the value of the facilities or equipment, adapt the facilities or equipment to new or different uses, or maintain, restor►, extend or prolong the useful life of such facilities or equipment. 22,3 Cable SeMce mesna 22,3.1 The one-way transmission to all subscribers of (i) Video { Programming, or (Ii) other programming services, by which is meant information which Company makes available to all subscribers generally, ouch as digital cable radio service, end 22.3.2 Subscriber interaction, if any, including but not limited to that which is used for the selection or use of such Video Programming or other programming services, selecting from various on-screen options, use of Enhanced, Advanced Cable Services, game channels, interactive services, downloading pro, nn: or data access, or ordering merchandise, and 22.3.3 Institutional Network Services. 22.4 able System or RU= meant a facility conslning of a set of closed transmission paths and aasociated signal generation, reception, and 14 r, 21 ' I n control equipment that is designed to provide Cable Services to multiple subscribers within the franchised area, but such term does not include (I) a facility that serves only to it-transmit the television signals of one or more television broadcast stations; (ii) a fa; ility that serves subscribers %,.hout using any public right of way; (Iii) a facility of a common cancer which It subject, in whole or in part, to the provisions of Title 11 of the Communications Act of 1934, as amended, except that such a facility shall be considered a Cable System (other than for purposes of Section 621(c) of such Act) to the extent such facility Is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on-demand services; (iv) an open video system that complies with Section 653 of Title VI of the Communications Act of 1934, as amended; or (v) any faciti6es of any electric utility used solely for operating its electric utility system. 22,5 E,~hance~' Ad~nr~ t Cable Services means enhanced services, In;omtation services, Internet protocol (1P) telephony, high speed data service, Intemet access and Internet service (such as that of an Intemet service provider). 22,6 ECC means the Federal Communications Commission. 22,7 L-N .T User has the meaning set forth in Section 17.4.3. 22.8 retn~+;nnal Network or i•NET has the meaning set forth in Section 17.4.1. 22,9 jnalituti0n8I Network Services has the meaning set forth In Section , 17.4.2. 22.10 QFO Channels means the public channels, educational channels and government channels provided by Company on the cable system under the Franchise, this Acceptance Agreement, or applicable ordin once, and shall include leased access channels provided pursuant to Section 19 herein. 22.11 V= means a person authorited to operate or use a PEG Channel (or a i leased access channel provided in lieu of a PEO Channel under Section J;. I Is { i 22 i \i i 1 w 19) or the I-NET, and shall include City, if several per ins share the operation of a PEO Channel each person shall be a separate User. 22.12 Video Proinmina means programming provided by, or generally considered comparable to programming provided by, a television broadcast station. 23. QiuarmatsiC. Marcus Cable Properties, Inc,, Vulcan Cable, Inc., Vulcan Cable 11, Inc., Charter Communications, Inc, and Charter Communications Holdings, L.L.C. hereby Jointly and severally unconditionally guarantee performance of the obligations of the Franchise and of this Acceptance Agreement by Company. Vulcan Cable, Inc. By: f Vulcan Cable Il, Inc. By: ` 1 j Marcus Cable Associates, L.L.C. l By. - - I Marcus Cable Properties, Inc. By: _ ..e 16 ' 23 . s c~ u Charter Communications,lnc. By: I Charter Communications Holdings, L.L.C. By. i I . i 17 x 24 r ii d..Utlnet n Ownership and Control Structure Revised February 17, 1999 Paul 0. Allen ownenhip 1 100% 1 o 100% •I 1 9J I N t awrwrehip Mucus Cable Vulcan Cable, Vulcan Cable, If Properties, Inc. • Charter e.ts% lentil Keni, InC. Inc. COmmuniCatiO ewnarehip Howard Wood Ina ~ F W ~ W4% aw>ter,hip d 74 304 ownenhip Marcus Cable [::!fHo1dinsj, Cnicaiions Eropertles,L.L.C i -s L.L,C,• • 100% 100% direct ownpahip 1 eni IrA reci i , ownenhip Mucus Cable Company, L.L.C,• 1 1 100% Ownership I 1 ~ Mucus Cable =Charlef Operating Company, LLC, 10% direct end indirect or, 0ehip 1 Manasement Coruultias ownenhip At{reetnent, to/ti/9! al I other Marcus Marcus Cable ti. Cable operating Associates, LL.C., entities current franchise F e• M N e- h s• ew smite • Vulcan Cable, Inc, Is the Manager otMarctu Cable Company, L.L.C. per First Amendment to Operating Agreement dated 8/1Sro3. Charter Communications Holdings, L.L.C. Is 100% owned by Marcus Cable Properties, L.L.C., Vuloan Cable, Inc., Vulcm Cable 11, Inc., and Charter Communications, Inc„ collectively. It Is intended that these four lop tier companies will be merged into a single entity In the future, t EXHIBIT B TO ACCEPTANCE AGREEMENT CUSTOMER SERVICE AND CONSUMER PROTECTION I. Customer Service Standards: Company shall at all times comply with the more stringent of the customer service and consumer protection provisions of this Exhibit B, the Franchise and the FCC. This requirement is in addition to the specific provisions of subsequent sections set forth below. 1.1 Company shall continue to comply with the National Cable Television Association's On-Time Customer Service Guarantee, a copy of which is attached as Exhibit B 1. The guarantee promises on-time service calls or the customer receives $20.00, and on-time installation calls or the ' customer receives a free installation. The $20.00 may be in the form of a credit. 1.2 Company may provide the Customer Bill of Rights of Charter to its subscribers in the City. I 2. City Monitoring: In addition to free outlets, free cable service or services otherwise required by the Franchise, Company shall provide one service outlet (which shall be at the Cable Administrator's office at City Hall, unless otherwise specit3ed by City) that shall receive without charge all programming (and any other Cable Services) provided by Company, including services of a premium, pay per view or other nature. Such service shall be provided in such a manner that City may monitor the programming and use of the cabla system for compliance with the Franchise, this Acceptance Agreement, FCC technical standards, and applicable law. The services provided pursuant to this Section 2 shall be in a secure office location and not in a location open to public viewing. 3. ;?c=blingMtc& AS: Upon completion of the planned system upgrade to $60 MHz, Company shall at all times scramble both the audio and video portions of all channels with predominately adult oriented programming. 3.1 Upon request by a subscriber, Company shall entirely block such subscriber from receiving both the audio and video portion of any channel with predominantly adult oriented programming with devices s 19 26 i 0 r such as a notch filter which prevent the frequencies containing a specific channel or channels from being transmitted into the subscriber's premises. 4. Pay Per View: Subscribers shall be given the options of (a) not having pay per view or per rrogram service available at all or (b) only having such service provided upon the subscriber providing a security number selected by an adult representative of the subscriber, 5. Notification: Company shall provide written information on at least each of the following matters (a) at the time of installation or reinstallation of service, (b) annually to all subscribers, and (c) at any time upon request of a subscriber or the City, The information shall be dated with the printing, revision, or effective date. 5.1 Products and services offered. 5.2 Prices (rates) and options for Cable Services and conditions of subscription to Cable Service. Prices shall include those for programming, equipment rental, program guides, installation, disconnection, processing charges for late payment and other fees charged by Company, 5.3 Installation and service maintenance policies. 5.4 Instructions on how to use Cable Services, Including procedures and options for pay per view, premium channels and connection to a VCR. 5.5 Channel positions of programming carried on the cable system, including a listing specific to the City showing the channel names and numbers actually available to subscribers in the City. 5.6 Billing and complaint procedures with a notice for the subscriber to initially contact Company with complaints and questions. 5.7 Applicable privacy requirements as ad forth In the Franchise or provided for by law. r~ 20 27 tl ~I f 5.8 The availability of lockout devices and the ability to have a channel entirely blocked or trapped (Section 3.1). 3.9 The refunds and free service available for violations of Sections 10 and 12 and how to obtain same. 5.10 The procedure for resolving signal quality problems set forth in Section 20.2. 6. Notice Qf("hango: Subscribers and the City shall be notified of any changes in rates, Cable Services or channel positions as soon as possible through announcements on the cable system or in writing. Company will notify City in advance of notifying subscribers and will make every effort to notify City forth-five (45) days in advance of a change, Unless a longer time period is requirad by applicable law or regulation, notice must t e given to subscribers a minimum of thirty (30) days in advance of such changes if the change is within the control of Company and as soon as possible if not within the control of Company. In ttddidon, Company shall notify subscribers turd the City thirty (30) days in advance of any significant changes in the matters covered by the preceding Section 5, Notifications provided pursuant to this Section shall be E dated with the printing, revision or effective date. 7. Telephone SeWce e=lord-, 7.1 Company shall have a local or toll-free telephone number available for use by subscribers toll-free twenty-four (24) hours per day, seven (7) days per week, 7.2 The local or toll-free numbers shall be listed, with appropriate explanations, in the directory published by each local telephone company and in any significant directories published by others. 7,3 Trained Company Representatives shell be available to respond to vih,cribea telephone inquiries twenty-four(24) hours per day, seven (7) days per week. 7,3,1 As to video service matters, the term 'Trained Company Representatives" shall mean employees of Company who have the awl ority and capability while speaking with a subscriber to, 21 28 L~ t; C b among other things, answer billing questions, adjust bills, and schedule service and installation calls. 7.3.2 This Section 7.3 will take effect O:tober 1, 1999. 7.4 Under Normal Operating Conditions, telephone answer time by a Trained Company Representative, including wait time, shall not exceed thirty (30) seconds from when the connection is made. If i he call needs to be transferred, the time to complete the transfer time wall not exceed thirty (30) seconds. These standards shall be met no lew than ninety percent (900/*) of the time under Normal Operating Conditions, measured on a quarterly basis. 7.5 Under Normal Operating Conditions, the subscriber shall receive a busy signal less than three percent (3%) of the time, measured on a quarterly basis. 8. Officeftlome Delivery-Pick Up: 8.1 Company shall maintain a physical office within Ae City, which shall include a place whet: subscribers may pay their bills, pickup and return converter boxes and comparable items and receive information' on Company and its services. 8,1A The office shall be open at least from $ AM to S PM Monday through Friday plus an additional 8 hours in the evening and/or on the weekend. 9. Installation Standuds: Under Normal Operating Conditions, installations located up to ona ;.undyed fifty (I S3) aerial feot from the existing distribution cable system shall be performed within seven (7) business days after an order has been placed no less than ninety-five percent (95%) of the time, measured on a quarterly basis. 10. Calls: tristaltaflonsiService The following shall apply to subscribers (current or new) requesting installations or service: r' 22 E 29 c f ~I 10.1 Installations and service calls shall be available at a minimum from 8 AM to 7 PM Monday through Saturday. Company shall at the subscriber's option eirner(1) schedule the subscriber to be the first call of the day or last call of the day on a first come, first served basis, (2) schedule the appointment for a date certain on a "call to meet" basis where as the service technician finishes his/her prior tasks the technician calls the subscriber and arranges to meet the subscriber shortly thereafter, or (3) establish an appointment window of no more than three (3) hours with the subscriber (or adult representative of the subscriber) or another appointment window mutually agreed upon between the subscriber and Company. 10.2 Company shall respond to the request for service in accordance with the option selected by the subscriber. 10.3 Company shall not cancel an appointment with a subscriber after 5 PM on the business day prior to the scheduled appointment. 10.4 If Company's technician is running late for an appointment with a subscriber and will not be able to keep the appointment as scheduled, £ Lhe subscriber shall promptly be contacted. The appointment shall be rescheduled, as necessary, at a time which is convenient for the ' subscriber. 10.3 In the event access to the subscriber's premises is not made available 1 to Company's technician when the technician arrives during the established appointment window, the technician shall leave written nodficadon stating the time of arrival and requesting that Company be contacted again to establish a new appointment window. 10.6 Notwithstanding the foregoing, if Company's technician or service representative telephones the subscriber during or prior to the appointriont window and is advised that the teelmlcian will not be given access to the subscriber's premises during the appointment window, then the technician shall not be obliged to thavel to the subscriber's premises or to leave the written notification referred to above, and the burden shall again be upon the subscriber (or adult representative of the subscriber) to contact Company to strange for a new appointment. , t'If~ 10.7 Except as otherwise provided above, Company ahall be deemed to have responded to a service or installation request under the provisions of 30 i i u ci i 12.4. Under Normal Operating Conditions, Company shall begin working on subscriber complaints involving impairment or degradation of signal quality (other than a Service Interruption) promptly and in no event later than the next business day after the problem becomes known to Company. 12.5 Company shall be deemed to have begun work under the provisions of this section when a techstician arrives at the service location. 12.6 Company shall provide affected subscribers, upon request by the City or the subscriber, with one day's free service (equivalent to the service they were receiving at the time of the interruption) for each day or portion thereof of Service Interruption. 13• L.ag of Complaing: Company shall maintain a written log, or an equivalent stored In computer memory and capable of access and reproduction in printed form, of a random sampling of all cable-related customer Complaints within the City that are re ferred to Company's Customer Caro Group. Such log shall be in form and substance acceptable to the City and at minimum list the date and time of each such Complaint, identify the customer to the extent allowed I by law, and describe the nature of the Complaint and when and what actions were taken by Company in response thereto. Ths log shall be organized by City. The log shall be kept at Company's office in or near the City for a period of at least two (2) years and shall be available for inspection during regular business hours by the City upon request. 14. DIJU: Company shall comply with the following on Cable Service billing: 14.1 Bills shall be issued monthly to each subscriber with a balance due or change of service. i 14.2 Bills shall be clear, concise and understandable. Bills shall be fully itemized, with itemizations Including, but not limited to, basic service, cable prog<amming service, premium service charges and equipment chimes. Fills shall also clearly delineate all activity during the billing period, ineiuding optional charges, rebates, credits, and lotte charges. 14.3 Each bill shall prominently display Company's ! loctl or toll•fr.-e i' telephone numbers available for use by subscribers, If a bill has more a than one portion (for example, one portion that Is kept by the customer and one portion that Is sent to Company) the numbers shall prominently 31 { c+ c r appear on the front side of the portion of the bill retained by the customer. 14.4 Company shall respond in writing to all written complaints from subscribers regarding billing matters within thirty (30) days. 14.5 Company shall not disconnect a subscriber for failure to pay legitimately contested charges during a billing dispute. However, during a billing dispute Company may disconnect a subscriber for failure to pay charges that are not contested. 14.6 The City shall be given thirty (30) days advance notice of any change in the format of bills. 15. Refunds and red;rc: Refund checks for Cable Service shall be issued promptly, but no later than either: 15.1 The subscriber's next billing cycle following resolution of the request or thirty (30) days, whichever is earlier, or 15.2 If service is terminated, 30 days after return of equipment owned by } Company or at the time of the next billing cycle, whichever Is earlier. E 15.3 Credits for Cable Service shall be issued no later than the subscriber's next billing cycle following a determination that a credit is warranted. 16. Late Paymenj for Cable Servic 16.1 Each bill shall specify on its face in a fashion emphasizing same (such as bold face type, underlined type or a larger font): "For paymonts received after (date) a S_ . _ processing fee for late payment may be charged." 16.2 No processing fees for late payment, however denominated, shall be added to a subscriber's bill less than twenty-one (21) calendar days after the mailing of the bill to the subscriber. 16.3 No processing fees for late payment, however denominated, shall be added to a subscriber's bill by ; eason of delay In payment other than r those described In this Section 16. All such charges shall be separately stated on the subscriber's bill and Include the word "late" in the description of them. 32 {r 1 >n 16.4 There have been negctiations in connection with this Acceptance Agreement regarding the appropriate amount of fees that may be charged for late payment. The parties Lave agreed to withdraw this issue from consideration without prejudice to any claims and defenses. 17. p1,5connection 17.1 Company shall not disconnect a subscriber for failure to pay until at least forty-five (45) days have elapsed after the due date for payment of the subscriber's bill and Company has provided at least ten (10) days written notice separate from the monthly bill to the subscriber prior to disconnection, specifying the effective date after which Cable Services are subject to disconnection. 17.2 Company may disconnect a subscriber at any time if Company in good faith believes that the subscriber has tampered with or abused Company's equipment, that there is a signal leakage problem (or other non-compliance with FCC rules or other standards which poses a risk to lives or property) an the subscriber's premises, or that the subscriber Is or may be engaged in the theft of Cable Services. 17.3 Company shall promptly disconnect any subscriber who so requests disconnection. No period of notice prior to requested termination of service shall be required of subscribers by Company. No charge shall be imposed upon the subscriber for or related to disconnection or for any Cable Service delivered after the effective date of the disconnect request (unless there is a delay in returning Company er,alpment). If the subscriber fails to specify an effective date for disconnection, the effective date shall be deemed to be the day following the date the disconnect request is received by Company provided that Company equipment has been returned. 17.4 The term "disconnect" shall include customers who elect to cease receiving Cable Service from Company and to receive Cable Service or other multi -channel video service from another person or entity. i IS. Truth toAdvmt Ai : Company's bills, advertising and communications to its current or potential subscribers shall be truMl and shall not contain any false ¢ r.` t or misleading statement. For the purposes of the preceding, a statement is false or misleading if it contains an untrue statement of any material fact or oceits to state a material fact necessary in order to make the statements made, 33 t c. I i ~i in the light of the circumstances under which they were made, not misleading. 19. Reports: Company shall provide reports to the City monthly (by the 15th business day of the following month) and quarterly (by the 150. business day of the following quarter) as follows: 19.1 The reports shall include the following forms currently used by Charter or otherwise in form and substance acceptable to the City, showing on a consistent basis, fairly applied, Company's compliance with customer service standards. 19.1.1 System Statistics Report, Exhibit 82, which covers customer service matters, 1 9.1.2 Monthly Report e f Service Calls by Reason, Exhibit B3, which shall include an explanation of the categories of reported reasons. 19.1.3 Monthly Outage Summary by Franchise, Exhibit B4. 19.1.4 Monthly Service Call Availability Analysis and installation Call Availability Analysis, Exhibit BS. 19.I.S Monthly Customer Call Sample Report, Exhibit B6, both by City and on an overall basis, showing the results of a random sampling of customer complaints referred to Company's Customer Care Group. 19.1.6 Monthly Call Cer.or Performance Report, Exhibit B7 (excluding the 2% "assumed" adjustment). 191 Such reports shall show Company's performance excluding perlod3 that were not Normal Operating Conditions ("Abnormal Operating Conditions") and if Company contends any such conditions occurred during the period in question, it shall also describe the nature and extent of Abnormal Operating Conditions and show Company's performance both Including and excluding the tlme periods Company contends such conditions were in effect. 19.3 At the City's request Company will provide additional Information and existing reports reasonably related to the measurement and evaluation 34 i I of Company's compliance with the customer service requirements of the Franchise, the Acceptance Agreement, and this Exhibit B. 19.4 Reports of instal lations/service calls (Section 10) and service interruptions (Section 12) shall report matters occurring within the City. Telephone reports may be for a larger area than the City if Company can demonstrate that it is, in fact, representative of the phone service provided within the City, such as where a call center receives calls from numerous municipalities with no ability to distinguish between or give preference to calls from one ara or City over another. 19.5 The City, by itself or in combination with other municipalities, reserves the right to audit Company (or any Affiliate of Company) to verify the accuracy of the reports required under this Section 19. All records (including those of Affiliates) reasonably necessary to conduct the audit shall be made available at a convenient location in the Fort Worth area. If the audit discloses performance that is three (3) percentage points worse than any of the standards of the referenced sections (such as compliance 92% of the time versus 95% of the time) Company shall pay the City's costs in connection with the audit within thirty (30) days 4 of submission of an invoice. 20. FCC Technical c andar e: The following shall apply to Company's implementation of and compliance with the rules and regulations relating to cable television technical standards for signal quality, currently set forth at 47 C.F.R.176.601 and following, and subsequent amendments thereto: 20.1 Company shall notify the City in advance of testing for compliance with FCC standards. The City may have a representative present to observe such tests and may designate one location to be tested. Company shall provide the City with a report of testing for compliance with such standards upon written request (oji not more than twice a year). Such report to City shall state, in pertinent part, that the person doing the testing has reviewed the applicable rules and regulations of the FCC, the industry standards and other materials referenced therein, and that such testing was done fairly and either shows full compliance with such rules and regulations or sets forth with specificity and in detail all areas of non-compliance, their actual or likely scoN and ~J causes, and Company's professional recommendation of the best F corrective measures to Immediately and permanently correct the non. (f' I compliance. 35 { r, 20.2 Company shall establish the following procedure for resolving complaints from subscribers about the quality of the television signal delivered to them: All complaints shall go initially to Company. All matters not resolved by Company shall at Company's or the subscriber's option be referred to the City for it to resolve. All matters not resolved by the City may be refereed to the FCC for it to resolve. 20.3 The City at its expense (no more than twice per year, barring unusual circumstances) upon thirty (30) days written notice to Company may test the cable system for compliance with the FCC technical standards. Company shall cooperate in such tests and provide access to the cable system. Company shall reimburse the City for the full expense of any test which shows a material non-compliance with such standards. 21. Liquidated Damages . Telephone Service. Installation. Service Calls: Company acknowledges that non-compliance with the customer service standards Identified above will harm subscribers and the City and the amounts of actual damages will be difficult or impossible to ascertain. For the second calendar quarter of 1999 and thereafter, the City may therefore assess the following liquidated damages against Company for non-compliance with the customer service standards set forth in Sections 7.3, 7.4, 7.50 9, 10.10 10.2, 10.31 10.10, 12.1, 12.2 and 12.4 (measured on a quarterly basis). Company acknowledges that the liquidated damages set forth below are a reasonable approximation of actual damages and that this Section 21 Is intended to provide compensation and is not a penalty. 21.1 Telephone Standards. The damages for non-compliance with one or more of the standards In Sections 7.3, 7.4 and 7.5 during a calendar quarter wt: I ~ 21.13 First non-compliance: S 1.00 per subscriber. 1 21.1.2 Second non-compliance within three (3) consecutive calendar quarters: $2.00 per subscriber. 21,13 Third non-compliance within six (6) consecutive calendar quarters and (subject to Section 21.4) each subsequent non• compliance: S3.00 per subscriber. 21.2 ,Se!vIse and Irst~Ilation Stan". The damages for non-compliance with one or more of the standards in Sections 9, 10.1, 10.2, 10.3, 10. 10, 12.1, 12.2 and 12.4 during a calendar quarter are: 36 i t~ c. i i 2111 First non-compliance: $1.00 per subscriber. 2112 Second non-compliance within three (3) consecutive calendar quarters: $2.00 per subscriber. 2113 Third non-compliance within six 16) consecutive calendar quarters and (subject to Section 21.4) each subsequent non- compliance: $3.00 per subscriber. 21.3 Minimurrim. The liquidated damages for the first and each subsequent non-compliance under Section 21.1 or Sectiot; 11.2 shall be no less than $5,000, unless modified as provided in Section 21.4. 21.4 Effect of Extended Period. nMnmpli6IIce, If Company complies with all of the standards identified In Sections 21.1 and 21.2 for eight consecutive calendar quarters, the damages for the first subsequent non- compliance with any of those standards will be the greater of 2 S f per subscriber or $3,000. 21.4,1 Following such it non-compliance the damages I provided in Sections 21.1 and 21.2 will again be applicable so that the next non-compliance within four (4) consecutive calendar quarters will be subject to Sections 21.1.2 and/or 21.2.2. 21.5 M event of non-compliance will be taken into account in determining whether a later event of non-compliance Is a second, third or subsequent event without regard to whether City has assessed liquidated damages or taken any other action with respect to the non- compliance. 21.6 Company shalt report the number of subscribers within the City on the feat day of the quarter by the I Sth business day of the following quarter. 22. Liquidated narneges • Other: 22.1 Liquidated damages in the amount set forth in Section 21.1.1 (but not less than the amount set forth in Section 21.3) may be assessed for failure to timely submit the quarterly reports required by Section 14. 37 t~ f 22.2 Liquidated damages maybe assessed for violation of the provision of Section 26.4 for submission of reports within five (5) business days in the amount of S 1,000 per day. 23. Procedure for Assessment of .iguldated Damages: The procedure for consideration and assessment of liquidated damages is as follows: 23.1 Liquidated damages shall be assessed by the City Manager or his or her designee, 23.2 Company may obtain a review of the assessment by the City Council by making a written request within ten (10) business days after receipt of notice in writing of the assessment and its basis. 23.3 Company shall have an opportunity to be heard at a meeting of the City Council or by a person designated by the Council as a hearing officer prior to action being taken by the Council. 23.4 The City Council may adopt additional procedures, including appointment of a City official or other person to act as a hearing officer. The Council's decision may be based upon the record of proceedings conducted by the hearing officer or a proposal for decision submitted by the hearing officer. 24, Pavmeat of Liguidat_ed Damage„: Liquidated damages shat) be paid on or before the tenth (10th) business day following assessment or, if Company requests review by the City Council, on or before the tenth (10th) business day following Issuance of the Council's decision, 23. QruMy: Company will provide a senior employee (at the Vice President or Director level) as director of government affairs and ombudsman reporting directly to a regional vice president of CC Holdings, The director of government affairs will have responsibility for working with the City and other cities in the area to address problems that may arise under the Franchise and shell be Company's ombudsman for both the City and subiicribers. Company will give the City an opportunity to comment on the detailed job description of the director of government affairs before the position is filled. 26. City Liaison: Company shall continue to provide problem solving raison services for the City of the type being provided to the City of Fort Worth by Charter's Customer Care Group In the Fall of 1998. The purpose of this service Is to provide the City with direct access to supervisory level personnel 38 t~ u who can obtain prompt action on customer service problems referred by the City to Company. This service shall include at least the following: 26.1 The personnel providing the service shall be located in Tarrant County. 26.2 The personnel providing the service shall have sufficient authority and access to Company facilities and personnel In o;d'r to Investigate and take appropriate remedial action without delay. 26.3 The City shall be given a special direct phone number to use (which may also be used by other cities, but which will not be made available to the general public) which will generally during normal business hours be answered by a live person and will provide immediate access to a person having the authority specified In the preceding section. 26.4 Company shall investigate (including an attempt to contact the subscriber) and respond to the City on each call, fax or written complaint or request by the end of the next business day and shall provide a written report within five (5) business days. 26.5 Company shall give the City notice in writing of changes In the key contact personnel or material changes In procedures involved in providing this service. 27. Defiinitior18: For the purposes of Us Exhibit B, the following definitions shall apply: 27.1 Cable Adminlatrater means the person desig,tated by City as having principle responsibility for cable natters. 27.2 Complain means a telephone call or written communication from a customer notifying Company of a problem relating to Company's billing or billing practises, Company's equipment, picture quality, failure to receive one or more thermals, a change in Company's practice or policy, Company advettising or other business practice, the conduct of a Company employee or contractor, or the failure of Company or a service representative to comply with customer service regulations. ~ 27.3 Normal Ogensting . ' on{ihons means those service condidons which are t within the control of Company. Those conditions which are aW within the control of Company include, but are not limited to, natural disasters, 39 i i tf I u I d civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Tho;,e conditions which = within the control of Company include, but are not limited to, special promotions, pay-per-view events, rate increases, reguler or seasonal demand periods, changes in the billing cycle, changes in the form of bills and other billing matters, changes in channel lineups or services that are within Company's control, and repairs, rebuilds, maintenance and upgrade of the cable system including computer software and hardware. 27.3,1=. Y2K problems involving systems of Company, CC Holdings, Vulcan, Chatter or Affiliates of any of them are not within the control of Company for purposes of measuring compliance with customer service standards during the period January I, 2000 through and including January 14, 2000 but are within the control of Company before and after 0-at period of time. 27.3.2 Labor Dial, Employee strikes, slowdowns and walkouts of less than 30 days duration are not within the control of Company. I o t"r'; c r 40 1 1 y EXHIBIT 131 <11~~E~. Q C6,M4W I RI .-TONS` I On-Time Customer 4trylre guarantee Progn . • I I Our 04-17me Clndoma Sewloe Qunuitee Proprua UrAJMs *M wu omaathmont to providing our a uetomers is ' a.% the but smko posale. This prosram Is not about reZ nk, It IA obout taaking aun mer eervloe it top Priority. Simply stated, we pledge the following: } ✓ On•time installation appointments or the Installation of the primary outiet Is Ems ✓ 4a•tirne service appolatrneats or the ouetaNna>z t+eceivee S20 1 1 4 1 t 41 f• ~i III I I EXHIBIT B2 System Slalislics for wily, Third Quarter 1999 Homes Passed 11r719 Customers _ 4,937 Penetration 42% jnsta Wons 400 isconnem 382 •,Ne. Gun 18 Te,finical Performance Talmical Service Calls 124 Technical Service Call Rate 2.5% Service Interruption Response <24 hrs. 98.7% I Servia Call Availability for Next Business Da 96.5% InsulluioaSc4edules <7days ^x.0% 5 stem Reliability A.92796_ Telephone Performance Calls Received _ 1f0000 Calls Answered <30 woods 101000 Percentage answered <30 seconds "Ojus< 91.8% Percea a answered <30'seconds (adjusted) i 93.7% Reasons for adjustment: a • ice storm 12/17/98 City power outage 12/25/98 Calls to Ci Referred to Charter 10 On-'lime PeAformaaee Servicecalls - 951 next business day 99.896 . installation - 991 within 7 business days 981% - Service disruption - 951 within N hours Trained Company Representative A available to respond to telephone inquiries 24 hrslday, 7 days/week Percentage calls receiving busy signal Total outages reported Adl.stments are for Abnormal 01xraling Conditlons as define In Sections 19.3 and 27.3 of GKhibil 0, Aeeeptai.ce Agreement. 42 OCHARTER January Service Calls By Reason 1 COMMUNICATIONS' 4 (19) 0'4 ~i~0) s (13 21i 1/ (12)1y {111 (10 f'ri7 ' ~yt (IO0% w ~ 1 (02) A A) a CumEd(01) 00sbldePra>(02) 0{ndd4?mb(0)) AReplau9A(AI) ONTF(0) 0SyekmRef(06) 00%h Fix (07) NAepbucony (08) XWin(09) aUndpD"(10) OOL446Efte(11) NWAV(12) 11111PIMIP1x(12) 0ONDmp{14) 0IVPmb(15) a06,ow(16) 0 NalHame(11) aftimmi(II) (19) C) Om (20) .i Fort Worth service calls for Jatinary totalled 2,987 i R l'XIUBIT 114 rage I or2 I ! I! I1 1, fffflI I I Till I I I! I I I I I C'y I :cnre J! I l*1 :aNiIII x ,1!7 ,wYe~'i:7 3E~~V1. e~11; . i3 t,$l.1EHC iE 8;77i1i~'LG 81 9 V•"•, d , EE' 2 1 E~ Edi*EEE~0E5EE EEiiEi~~EElEEIri 1 EEC EEE~ 5 2 E~ E 'EE ig4t t iE i iii<'~Eil t~rr,oe pp p,,pp , i y,pp~ g r 'y 77 "S . •r. st S[,7 2- A~/• C aaa~a W ft WIS. sIgggIII&I 11 I C ~ . il1;11 I 44 j it i i I i i EXHIBIT B4 Pagc 2 of 2 ~ I II. 1 f j ~~ss yoil ' age 45 C+ L. I EXHIBIT B5 page I or 2 SinlseSall.AYallabllily Azielysls Month of lama Pate Nctili . SotA SouthWce Avallabilit AvOlabhlty Trophy Club -MIXIM 0 0 -W, OiAy2/99 0 0 O Ollow 0 0 0 OIAW" 0 O 0 01A)SH9 I 1 I OIA>1 " 0 0 0 OIAy1199 1 0 1 01199 0 1 1 O1A94/99 O 0 0 01/10099 0 0 0 01111M 0 0 0 01112/49 1 0 0 01/13199 1 0 0 01114199 1 0 0 OVIS/" 0 0 0 01116199 0 0 0 01119/99 0 0 0 01/18m 0 0 0 j ou14g4 1 0 0 1 Ofr" 0 0 0 01121N9 0 1 0 01122199 0 0 1 01/23/99 0 0 0 01124/49 0 0 0 Osns/99 0 0 0 01126199 1 0 0 0112/99 1 0 0 Olrt" 0 1 0 O Vt9/99 0 0 0 ' 01/!0199 0 0 0 01!1199 O -.0 O_ Standard 95% gs% 9~~6 FS-u-nNUR YES 0 ■ SAMA DAY < 1211+s I v Neat Day 2 ■ Two Days out f. . 48 i i C?}aIJBIT [35 Pagc 2 of 2 IQelallaliotl Avat~ab~~a11_dnalysls Month of Iagnal Dste AvailabilGy 01101199 0 01102199 O 01!3.31'99 1 OIAMM 0 01101199 1 01/06199 0 Olmm 0 0110" 0 01109/99 0 Of/I0/99 0 Oul 1199 0 01112A9 0 01/13199 0 01/14/99 0 ofiIs" 0 01116199 0 . 01/17/99 0' 01/1&M 0 01/14199 0 01!200'99 0 01/21/99 0 OI121J9g 0 01n-l" 0 01/24/99 0 Ou23199 0 01126199 c Olmm 0 01AISM 0 01I291S9 01/70199 1 01/31/99 0 raal q s~aa.a 4s~~ Sundaid Mal YFS~~ 0-SAWDAY<12IN 1 - Nut thy 2 = Two Days Ou( 47 c. u f EXHIBIT B6 Customer call sam ~J~ a j P ~C ~ coma saffspw Robutd is trles f f.lli , " u s % 3 27% of 44 test a : stc . sett Fae,&. JJ ~m at,tion t ot.a~c I PbIoFal P~o61em t QO% ~ [a+aomer Eeuc~tlon _ ± a *OA rail' --~~1 ) 1 i 48 i Je i EXHIBIT B7 • r •w14 i. ~1. j 1 Q e . r 31 3933331.3 33 33 ; e o q o 0 a* Sao coaa 1 ~ I I 49 i f u I I s ODMAJICDOC4U RRV6200T [ i I w J J ~ E '.k a r 50 r I EXHIBIT 2 DENTON AGREEMENT Paul G. Allep, as transferee of ultimate control of Marcus Cable Associates, L.L.C., makes the fopowitg agreement for the purpose of accepting an ordinance of the City of Denton ("City') consenting to the transfer of control of the cable television franchise in the City and the restructuring described in an Acceptance Agreement dated , 1999. Capitalized words and phrases in this Agreement have the meaning set forth in the Acceptance Agreement. I. Covtnanu Binding. The promises, covenants, and conditions cop~tained herein inure to the benefit of the City and are binding on Allen. 2. Acknowledgment: Allen acknowledges that the transfer of control and restructuring am expressly subordinate to and will not affect the binding nature of the Franchise and the obligations provPed therein, and that the consent of the City to the Transaction does not constitute a waiver or release of any rights of the City. 3. Relies: Allen acknowledges that the City has consented to the Transaction in rr;iance upon the representations, documents and information provided by Company, Charter, Vulcan and Allen, all of which in incorporated herein by reference. 4. Alleged Prior Defaults. Allen agrees that he will not contend directly or indirectly that fitly defaults or failures to comply with 'he franchise or other matters set forth in 47 USC § 546(cXIXA) (Communications Act of 1934, Section 626(cXIXA) (collectively "Defaults') which may have occu zed prior to the Transaction are waived, including but not limited to the following: 4.1. The ability of the City to obtain redress for alleged prior Defaults, such as recovery of any underpayment of franchise fees or obtain refunds for periods prior to the Transaction. 4.2. The ability of the City to enforce in the future any Franchise terms which may not have been enforced in the past. ..r 5t I v r, I i 4.3. The ability of the City to consider alleged Defaults occurring prior to the Transaction in connection with any renewal or nonrenewal of the Franchise. 4.4. This Section 4 is without prejudice to Company contending that an alleged default or failure to comply either did not occur or has been cured. 5. Continui of Management Allen acknowledges that (a) at the time of submission of the Form 394 subscribers residing in the City were experiencing serious and on-going deficiencies in service, (b) the provisions of Exhibit B are in response to these problems, and (c) the City is approving the Transaction and the transfer of control in reliance on the actions taken by Allen and Charter in the interim to improve customer service and in the expectation of continuity of Charter's management to assure that the problems will not recut. Allen has caused the City to be informed that he Intends to keep the present Charter management team in place. 5.1. Allen ag oes that if there is any substantial change in Charter's senior management prior to December 31, 2001, then (a) Allen or William D. Savoy, and (b) a top officer of Charter, upon request, will appear in' person in a public forum in Tarrant County, Texas (to be held jointly with other cities with whom Allen has made a similar agreement) in advance of the change for the purpose of explaining the change and answering ' questions. "Substantial change" for purposes of this Section means a change of the CEO of Charter or the senior executive reporting to him or her who Is responsible for the systems in Texas managed by Charter. Date:_ i Paul O. Allen WMAWDOC' M96r0101 52 a 3 P a i I I i I I J I EXHIBIT 3j i I i CITY POLE LEASE AGREEMENT I MEEK CITY Of S:NTON, TEXAS AND 1 GOLDEN TRIANGLE CDlMUNICATIONS I (d~9c. ,INtrcws~ i • I I 1 j i 53 ' I • b CATV Pole Lease Agreement Index PP Application for Permission to Attach, Article III 3 Coat of Pole Replacemats, Article vi 10 Definitions, Article I 2 Existing Contracts, Article XIV 19 General, Article XII 17 . Indemnity and Insurance, Article X 14 Installation and Maintenance of Attachments aed Polos, Article V 6 Notice, Article XV 19 Psymeat of tills, Article nil is Protection Against Claire for Libel and Slander, Copyright and Patent Infrinaemeat, Article XY 17 Rentals, Article VIII 12 Rights-of-Way, Legal Authority and Default, Article VII* 11 Scope of Agrement, Article II 2 Specifications, Artiele IV 3 Tern and Termination of AgMunt, Article IX 13 54 I E CATY ROLE LEASE AGREEMENT THIS AGREEMENT made as of the _7n day of May, 1919, between the City of Denton, Texas, a Nome Rule Municipal Corporation, hereinafter tilled Licensor, and Golden Triangle Communications, a Partnership of the State of Texas, having its principal Office at Atlanta, Georgia, hereinafter called licensee, WITHESSETH: I WHEREAS, licensee proposes to furn;•4 a CATY service (as hereinafter defined) to residents of Denton, Texas, intends to erect and maintain an antenna tower(s) located at Denton, Texas and proposes to install coaxial television cables, amplifiers and drop wires, wires and appliances together with associated cable messengers, anchors and other appurtenances (herein- after sometimes collectively called "equipment") throughout the area to be served and desires to attach such equipment to poles of licensor and/or to poles used Jointly by Licensor and other companies; and WHEREAS. Licensor is willing to permit, to the extent it may lawfully 1 do so, the attachment of said equipment to its poles where, in its judgment, such use will not interfere with its own service requirements or, as it may be advised, the service requirements of other joint users, includ'j conside- rations of economy and safety. 1 A. 65 a u NOW, 71CM FM P in consideration of the mutual covenants, terms and conditions herein contained, th4: parties hereto do mutually covenant and agree as followst ARTICLE I DEFINITIONS 1. All references herein to "Licenser's poles" or "its poles" shall cc,am poles solely owned by the Licensor, jointly owned by Licems- or the pole space rented or obtained by other arrangements by Licamsor from another owner. 2. All references herein to "joint user" shall am (1) a company or municipality which together -with Licensor has a percentage wmarship in a pole, (1) a public utility company or municipality which has attachment privileges on Licensor's poles, or (3) a public utility comptny which owms poles on which Licensor has attacbm6nt privileges. S. All references herein to "CATV service" shell mean the trans- mission to subscribers of off-the-air pickup of broadcast signals or the transmission without separate charge of locally originated closed circuit j television to the subscribers-of off-the-air service. ARTICLE II 1 SCOPE OF ACREFMNT i 1. Licensor hereby agrees to license and permit Licensee to attach its equipment, for the primary purpose of :urnishing CATV service within the area outlined in red on the map attached hereto as Exhibit Al to such of its Aj r G 56 t~ c. poles as are, in the Judgment of the Licensor, suitable and available for sue- attachments, subject to the conditions and limitations contained herein. 2. Licensee agrees that its equipment to be attached to Licensor's poles shall be installed for the purpose of providing CAN service and shall be used primarily for furnishing CAT4 service. Any residual ehaaaal capacity, bovever, may be used by Licensee for any lauful purpose. 3. Licensee agrees to secure from the proper franchising authority, a franchise to erect and maintain its equipment vithin public streets, highways and other thoroughfare provided such franchising author{ty exists, and stall secure any and all consents, permits or licenses that may be legally required for its operations hereunder, Prior to the execution of the Agreement, Licensee shall deliver to Licensor documentation satisfactory to Licensor evidencing that all such franehisei, consents, permits or licenses have been obtained. 4. Licensee agrees to assist in, and bear the expense of, securing any consents, permits or licenses that may be required by Licensor by reason of this Agreesant. ARTICLE III APPLICATION I'OR PEMSSION TO ATTACH 1. At least thirty (30) days prior to the time Licensee desires to attach its equipment to any of Licensor's poles, it shall Oahe Written appli- cation on the fora marked Exhibit D attached hereto and made a part hereof, in the number of copies from tine th time prescribed by Licensor. Upon approval of 67 r ci 1 I said application, Licouor shall seturn 916 copy of rskip/c 1 to the Litansee bearing the endorsal At. of its pallsissifa6 Upon r4t"Ving such endorsed copy of said application, but not sooner, Licensee tbill have the tight, subject to Article rV hereiai to install, maintain and use its equipsent described in said application upon the poles identified therein, provided that Liteasse shall complete each instpllstiod within one (1) year trod date of said approved applicatioa.i provided, however, that before commencing any such installation, Licensee shall notify licensor of the time when it proposes to do such work and that within thirty (30) days of completion of such Wrk, Licensee shall notify Licensor adds in the event Licensor eletts to have its representative present, Liesasee shall reimburse Licensor for the cost and expense thereof. '3. Where costs are involved-in the rearrangement of Licenser's or other facilities to accommodate Licensee's equipments We sinned Copies of said application shall be returned to Licensee detailing tie costs in ibe space provided thereon for that purpose. Aoproval of said application by Licensor is subject to receiving authorization from Licansee, on said application in the space provided thereon for that purpose, to sake ebaoses and rearrangements, at Licensee's sole risk dad expenses detailed by Licensor with said copies of said application. _ o. Licenses shall not have the right to place, nor shall it place, any additional equipment upon any pole used by it hereunder without first asking Application therefor and receiving Licensoe's permission to do son all as 58 i ` r prescribed in paragraph 1 of this Article; nor shall Licensee change the position of any equipment attached to say such pole without Licensor's prior 4 written approval. The provisions of this Article shall not restrict the attachment of television drops to television crossarms or television cable messenger. It is s;reed that a charge equal to one and one half (1-1/2) titres the pole rental amount, as specified in Article VIII, per attachment shall be levied against and paid by Licensee to Licensor for any unauthorized attachment made by Licensee to Licensor'a poles or facilities. This charge will be in addition to rental charges from the time of said unauthorized attachment, rearrange"at costs, or other appropriate charges. In the event that the time of the unauthorized attachment cannot be determined, it shall be deemed to have occurred an the date succeeding the day on which the last joint survey was made in accordance with Paragraph 1 of Article V. S. It is agreed and uhderstood that in the case of jointly-uled poles, permission to attach thereto shall. be subject to Licensor's obtaining approval from such joint users znd/or owners whenever necessary. ARTICLE IV SPICIFICATION9 C Licensee, at its own cost and expense, shall construct, maintain ' and replace its attachments on Licensor's'poles in accordance with (i) such requirements and specifications as Licensor shall from time to time prescribe, (ii) in compliance with any rules or orders now in affect or that hereafter may be issued by any regulatory Commission or other authority having jurisdiction, I ire I i , and (iii) the requiremeats and specifications of the National Electrical Safe-.7 Code, 1977 Edition, and any amendments or revisions of said specifications ar code. In addition, all attat;:ments shall be made by Licensee in accordance with this Agreement and Exhibits 1.10 attached hereto and made a part hereof. Licensee agrees to comply, at its sole risk and expense, with the specifications of all Exhibits attached hereto, as revised from time to time by Licensor is accordance with the provisions of tbis Article IV. • ARTICLE V inTALLATIOV AND HAmmANCE or ATTACHMENTS AND POLES 1. The ex.ct Incrtien of Licensee's attachments on poles shall be determined from a joint survey to be made, at such times as sball be mutually • agreed upon, by representatives of Liconsor, Licensee and, if desired by a Joint user. Licensor may inspect each new installation of Licensee oa its polar and in the vicinity of its lines or appliances and may make periodic Inspections. of the entire plant of Licensee as plant conditions say warrant= and Licensee shall, on demand, reimburse Licensor for the cost of such surveys and inspections. Such inspections shall not operate to relieve Licensee of any responsibility, obligation ur liability assumed under this Al"Ment. 2. Where Licensee's attschments can be accommodated an poles of Licensor by rearranjing or changing the facilities of Licensor or other joint users, Licensee agrees to pay Licensor in advance the cost of' making such rearrangements or changes. Strengthening of poles (guying) required to accom- modate the attachments of Licensee and the bonding of Lieensee's strand to t;at r 60 1 of Licensor shall be peatarmed by Licensee at its s^le risk and expense. Suc.!% work, however, may be performed by Licensor at its option, and in such eves: , Licensee shall pay to Licensor in advance the cost of all such work. 3. Upon.writtea. notice from Licensor, Licenses shall relocate or replace its equipment attached to Licensor's poles, or transfer the same to substituted poles, or perform any other work in connection vi,th said equipment that may be requested by Licensor, at Licensee's sole risk and expense; provided, however, that in cases of emergency Licensor may, it Licensee's sole risk and expense, arrange to relocate or replace the facilities attached to said poles by Licensee, transfer th&e'to substitutad poles or perform any other.work in connection with said facilities that may be required in the maintenance, re- placement, removal at relocation of said poles$ the facilities thereon or the equipment which may be placed thereon, or for the servibe needs of Licensor. 4. Licensee shall notify Licessgr ii advanced of the time whin it proposes to replace any of its squipmeat'attsched to Licenaor's poles. 3. All tree trussing required on sceeust of Licensee's equipment shall be dome by Licensee at its sole risk and expense and in a manner satis- factory to Licensor and any other Joint users. . b. Licensee shall, at its ;ole risk and expense, irai.ntain all of its attachments an Licensor'9 poles in safe condition and in thorough repair. • I . 87 ' E. f 4 7. Licensor reserves to itself, its successors and assisas the right to maintain its poles and to operate its facilities thereon in such manner 4 as will best enable it to fulfill its public service requirements. Licensor or other joint users shall not be liable to Licensee for any interruptioa to the service of Licensee or for interference with the operation of the oquipmeat of Licensee, unless the service interruption was mated solely by acts of Licensor. I. Nothing herein contained shall give to the Licensee the right to place a crossare on any pole. Xf a crossarm is required to accommodate the 'facilities of the Liceassa, then Licarams shall so state the masons therefore in its application for attachment. 4., Licensee shall not at any time make any additions top or cbanses Lai the location of its attachments on the poles covered by this Asreeaect without the prior ~rittsu coteent of Licensor except, in cases of smersencys when oral permission shall have been obtained free Licensor's autbori:ed representative at Denton, Texas and subsequently confirmed in writing. 10. If License* should require the location of its equi.Pment upon any pudic thoroughfare or other public or private property in the conduct of its business is the territory covered by this Agreement and Licensor shall not have pole facilitias se located to fulfill Licenses's requiremeatap Licensee shall to notify Licenser, and the parties shall thereupon detemLas who shall place such t { • a 82 f' i pole facilities is such location. The pole facilities shall be erected in Lueh locations adequate to root the service requirements of both Licensee aad Liceasor, and if placed by the licensors the Licensee shall thereupon make application for permission to place its equipment thereon as provided in this Agreemeat. If the pole facilities are placed by Licensee, attachment privileges shall be made available to Licensor at a rental not to exceed the rental being charged Licensee hereunder. 11. Nothing in this Agreement shall be construed to, obligate Licensor to great Licensee permission to use any particular pole and Licensor at its disctetion my revoke permission theretofore grated to Licensee with respect to any particular pole. If such permission is refused, Licenses is ftoo to make any other arrangement not prohibited under the terms of this Agreaments it-may wish to provide for its equipment et*the location is question. I 12. Whenever, pursuant to the provisions of this Agreement, Licensee shall be.required to remove its attachments from avy pole, such removal shall be side, except as otharvise specifically provided, within thirty (30) days followinj the giving of notice to Licensee by Licensor to to remove. Upon failure of Licensee to remove such attachments within such thirty (30) days or as othervise.required, Licensor may move them and charge all coats associated . with such reseval te,Lieeasse. 13. Licensee agrees thAt it shall not intorset poles where Licensors facilities erq located nor shall it locate poles guys, or other facilitioa where in either case they will interfere with access to Licensor' I poles or violate any provision of the National Electric Safety Code. i 63 ~ .I I I I ARTICLE VI COST OF POLE REPLICE4UTS l ti 1. whenever Licensee applies for permission to attach to a pole that is considered by Licensor to be insufficient in height or strength for accommodation of Licensee's attachments, or in the event that Licensor or a Joint user of the pole shall require the space occupied by Licensee's existing attachments, 'Acensor shall notify Licensee of such fact and of the estimated cost to License' of replacing such pole with a pole vhich rill accommodate the attachments of Licansee, Licansor sad any such joint user. Within thirty (30) days of such notification, Licensee shall either notify Licensor (i) of its approval of such replacement or (ii) of its cancellation of the applicatioa with respect to such pole or (iii) in the case of existing attachments, of its election to reiovs its attachments from the pole. 2. rn the event of Licensee's approval of such replacemeat, Licenser shall replace the pole and Licensee shall pay to licensor Ln advance the charges therefore computed as follows: The total cost of the new pole, the removal of the old pole, the transferring of Licenser's and say such joint user's attachments from the old to the Gov pole and such other costs, if say, necessitated by Licensee's requirements, lass the total of the followings accrued depreciation on the old pole, salvage, if any, and the cost of such portion of the new pole, if any, which represents spac% reserved for the use of Licensor or say such joint user' greater than tbat provided for them on the old pole, leas appropriate 1 contribution by any other licensee, if any. , 64 I hg= VII RIGHTS-OF-WAY. LEGAL AUTHORITY AND DEFAULT 1. Upon execution of this Agreement, Licensee shall submit evidence satisfactory to licensor of its authority to erect and maintain its equipment within public streets, highways and other thoroughfares and shall secure any neceaaary license, permit or consent from Federal, state or municipal authorities and from the owmares of property now or hereafter required to construct and maintain such equipment at the locations of polio of Licensor to which it desires to attach. In the event say such franchise, llcenss, permit or consent is revoked or is thereafter denied to Licensee for any ressom, permission to attach to licaasor's poles shall immediately terminate, Licensee shall within reasonable time remove its equipment from Licensor's poles and Licensor at its option may forthwith terminate this Agreement., 2. Upon notice from Licensor to Licensee that ohe cessation of the use of say pole or poles has been regisstad or directed by Federal, state or municipal authorities, or property owners, permission to st<aeh to such pole or poles shall immediately terminate sad Licensee shall forthwith remove its equipment therefrom. 3. If Licensee shall fail to comply with any of the provisions of this Agreement, including the specifications hereinbefors referred to, or defaults in any of its obligations under this Agreement, and shall fail within thirty (30) days after written notice from Licensor to correct such default or "V 65 noncompliance, Licensor may, at its option forthwith terminate this Agreement in its entirety or, at its election, revoke the permit covering the pole or poles involveu in such default or noncompliance, or at Licensor's option, obtain service of an attorney to institute suit or other Judicial proceeding to remedy and default by Licensee in its performance of the covenants, terms and conditions of this Agreement and Licensee expressly agrees that the defeated party %hall pay reasonable attorney's fees and expenses of such legal counsel. ARTICLE VIII RENTALS • i 1. For the privilege of placing and maintaining attachments on Licensor's poles, Licensee shall pay an annual rental rate of five dollars (55.00) per contract. 2. Rentals shall be payable annually in advance to the Licensor on the first day of January each year during which this Agreement re- eling in affect. 3. At anytime after two (2) years from the date of this Agreement i and at intervals of not less than two (2) years thereafter, the rentals shall be subject to adjustment by Licensor upon written notice. 4. Rental payment shall be made within sixty (60) days of the receipt of statement. My late payment shall bear an interest rate of ten percent (10%) per annum. r.N 68 i 5. The Licensee and Llcans:r shall together maintain a perpetual inventory of total Licensee contacts through the ore of Exhibit St "Appli- cation of Permit," and Exhibit C, "Notice of Removal," and all future rental fees shall be based on such perpetual inventory. The Licensor may at Its option use a physical Inventory in lieu of perpetual Inventory. The coat of such physical inventory shall be shared proportionally among the participating companies, 6. to the avant Licensee makes a! sttaebment to the Licensor's pole at anytime after commencement of this Agreement and fails to comply to Article III, Paragraph 1 hereof, then Article Itt, Paragraph shall apply. 7., in the event that Licensor files a tariff with the appropriate regulatory authority during the term of this Agreement covering attachmants made to its poles, Licensor reserves the right to substitute the rates and charges covered by such tariff in place of the rentals set forth in this Article. g. The Licenses shall reimburse the Licensor in advance for all net capital costs incurred by Licensor as a result of replacing poles and equipment as requi-d by Licensee for the initial installation of Liceasea's attachments. Lieenar- shall credit such advance rokisbursement by Licensee to initial and subleqt,et rental Leasei fees. Licensor shall notify Licenses of the estiioted not oasts of such replacements on the application farms. Licensee shall coke payments of such estimated costs and final adjustments in payments at credits shall be made at the completion of the work rind shall be based on actual coats incurred. J ~ -11- I 3 87 ' v ARTICLE IX TERM AND TERMINATION Of ACREEMENT 1. Me Agrea r nt. if not p,eviously terminated in accordance vith the provisions hereof$ shall continue in effect for a term of five (S) years and thereafter until terminated as provided herein, The Ages- rent may be terminated at the and of said time or at any time thereafter by either party jiving to the other party at lust ninety (40) days written notice. Upon termination of the Agreement to accordance with any of its E teraw, Licenses shall remove its said squipmant from all poles of Licensor within thirty (10) drys thereafter. j r gg ' i r 2, Licensee may at any time remove its equipment attached to any pole or poles of Licensor, but shall immediately live Licensor written notice of t such removal to the form of Exhibit C attached hereto and made a part hereof. No credit or refund of any rental shall be allowed Licensee on account of such removal. 3. This Agreement shall be subject to termination by Licensor without notice, or, wbm circumstances permit, upon five (S) days' written notice to Licensee, upon objection being made by or on behalf of any governmental authority asserting proper jurisdiction thereon. ARTICLE X INDEWIT! AND INSURANCE 1. Licensee shall indemnify, protect and hold harmless Licensor and other joint users of said poles *ran and against any, and all loss, costs, claims, d"andi, damage and/or expense arising out of any demand, elms, Suit or judgment for damagea to property and injury to or death of persons, including the officers, agents and employees of either party hereto and other joint users of said poles, including payment made under any uorl®en's Compensation Law and under say plan for employees' disability and death benefits, which may arise ou. of or be caused by the erection, maintenance, presence, use or removal of said equipment or by the proximity of the respective cables, wires, apparatus and appliances of the parties hereto or other joint users of said poles, or arising out of any act or omission o: alleged act or omission of Licensee, including any claims and demands of customers of Licensee. t (jr~ r 69 i I 2. Licensee shall carry Insurance, at its sole cost and expense, to protect the parties hereto and other joint users of said poles from and against any and all such claims and demands and from and against any and all actions, jua7ments, costs, expenses and liabilities of every name and nature which may arise or result, directly or indirectly, from or by rea- son of the acts or omissions of Licensee hereunder and irrespective of any fault, failure, negligence or alleged negligence on the part of Licensor or of any other joint user of said poles. The amounts of such insurance are set out in Section 27-58 of Ordinance No. 78-21 of the City of Denton ordinances, and the Licensee will comply with-the provisions of that section. Licensee shall prompt'y advise an authorized representative of Lfcensor of all claims relating to damage to property or injury to or death of persons, { arising or alleged to have arisen in any manner by, or directly or indirectly i associated with, the erection, maintenance, presence, use or removal of Licensee's equipment. 2. Licensee has furnished $30,000 In security as required by Section 27-43 of Ordinance No. 78-21 (Cable Television Franchise Ordinance) and suc,r sum shall also guarantee the perfoiriance of all the covenants, terms and conditions of this agreement. 3. Licensee shall exercise special precautions to avoid damage to i facilities of Licensor and of other joint users on said poles and hereby assumes all responsibility for any and all loss for such damage. Licensee r sheTake an immediate report to licensor of the occurrence of any such daaaage and hereby agrees to reimburse Licensor for the expense incurred in r Making repairs necessitated thereby. 70 1 0 ARTICLE XI PROTECTION ACAINST CLAIMS FOR LIBEL AND SLANDER. COPYRICET AYD PATENT INFRINCE22NT 1. Licensee shall indamily, protect and hold harmless Licenser from aad agiinst any and all claims for libel and slander, copyright and/or patent iafriagesaot arising by reason of attachment by Licensee of its equip eat to Liremor's poles purarast to this Agrommeat. ARTICLE YfI 1. Licensee shall, not assign, traaifor or sublet this Agrau' Qt, or any of the privileges hereby graated to it, without the prior written consent cf Licaasor. Provided,hove"cl that Licisser's consent shall not be required to . place Mortgage or lien upon 'the' facilities of Licaosae for the purposi of f~umciag UN installation, improvowt, maiateaance or extenstom of its . eyetem. 1. IN use, however extendad, of Licomar's poles under this Agree- meat shall create or vest la Licensee any ownership or property right in said poles, but Licensee's rights therein shall be and resuia a more lieease. Nothing herein costained shall be construed to compel Licensor to saiatain any of its poles for a period longer than that demanded by its own service require- Monts. r 71 li 3. Nothing berein contained shall be construed as affecting the rights or rrivilegas previously conferred by Licensor to others, by contract or othervise, to use any poles covered by ibis Agreement, and Licensor shall have the right to continue to extend such rights or privilegesi the attachment privileges granted hereunder shall at all tines be subject to such contracts and arrangements and nothing contained herein shall be construed as affecting the right of Licensor to Smut attachment privileges to such other parties as it May desire to do so. ' I ' I 4. Failure to enforce or insist, upon coepliance with any of the terms at condition of this Agree"at shall not constitute a general waiver or relinquishment of any such terns or conditions, but the sane shall be and remain at all tines in full farce and affect. S. Subject to the provisions of paragraph l.of this Article, this I Agreeaeat shall extend to mad bind the successors and assigns of the parties hereto. 4. Nothing contained herein ■hall be construed ■s affecting the rights conferred or exercised by the parties under present or future goverawaatal authority or regulation. . Ati'tCLF Yom,;, ;AXl1W OF Stun 1. All aswunts payable'by Licensee to Licensor under the provisions of this Agreemut shall, unless otherwise specified, be payable within thirty ~ (30) days after preseatatien of bills therefor. Voapsyweat of sny such sebuats k~ c;. when due shall constitute a default under this Agresreat. 72 cu ARTICLE XIV EXISTING CONTARTS 1. All existing Agreements between the parties hereto for the Joint use of facilities are by mutual consent hereby abrogated and superseded by this Agreement, ' I Nothing in the foregoing shall preclude the parties to this Agreement from preparing such supplemental operating routines or working practices as they mutually agree to be necessary or desirable to effectively administer the provisions of this Agreement, ARTICLE XV NOTICE i. Any notice provided in this Agreement to be given by rather party hereto to the other shall be deemed to have been duly given when made in wirtinq and deposited in the United States Mail, postage prepaid, addressed as follows: TO LICENSEE: Golden Triangle Communications 63 Oerlmiter Center East Suite 300 Atlanta, Georgia 30346 TO LiCINSORt City of Denton 21S East McKimme Denton, texas 16201 Attni Director of utilities i A 73 i C1 t ' i IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the day and year first above written, CITY OF OENTON, TEXAS, LICENSOR 8Y: ATTESTI I cnruTww GOLDEN TRIANGLE MM1NICA7IONS, LICENSEE Vteti 010k F.4444 OIL j% *r Liva. ATTEST.- 1. P~axea~ Id'~ur1 _ St.. - _ err--~- Aw. 5EGRETARY ''CwA* CA^& 0pe TW*so pee. vaielstil~ 1 74 c. .i I I EXHIBIT b CASU DUCT US! AGUZ N=T l"wz9N TRZ CITY Or DZNMMO Tau AND SAFMONS COlMUNICATIONS, INC. I i 1a7b o y ~ i 2093L TAHLF OF CONTENTS Article page 1. Definitions I It. Scope of Agreement 2 III. Application for Permission to install Cable 3 IV. Specifications 4 V. Installation and Maintenance of Cable and Duct 4, Vt. Rights-Of-way,'Legal Authority and Default 5 VII. Pee 6 VIII. Term and Termination of Agreement 6 IX. Force Najoure 7 X. Indemnity and Insurance f X1. Limitation on Assignment and Transfer 8 XII. Supplemental Operating Routines or Vorking Practices 9 XIII. Notice 9 Attachment Exhibit Ai Drawin] No. P.U.E.D. 132 Revision Level 0, gated June 24, 1985 Attachment Exhibit 8t Drawin No. P.U.E.D. 133 Revision Level 0, gated June 24, 1985 L Attachment Exhibit Cs Drawin No. P.O.E.D. 134 Revision Level 0, gated June 261 1985 Attachment Exhibit Ds Drawing No. P.M.D. 135 Revision Level 0, Dated July 5, 1985 . i 76 C~ II i LUY)i. CABLE DUCT USE AGREEMENT This Cable Duct Use Agreement made and entered into*effec- tive and operative as of the day of , 1988 by and between the City of Denton,' sxssj a ome Rule municipal Corporation, hereinafter referred to as "Licensor," and Sammons Communications, Inc., a Texas Corporation, hereinafter referred to as "Licensee;" WITNESSETH: WHEREAS, Licensee is franchised to furnish CATV Service (aa hereinafter defined) to residents of Denton, Taxae and is the Asti nee of and bound by a certain "CATV POLE LEASE AGREEMENT" dated the 7th day of May, 1979, between the Licensor and Colden Triangle Communications, which permits the Licensee to attach equipment necessary to the provision of CATV Service to Licensor'A electric utility poles; and WHEREAS, Licensor has caused po1Rs to be ramovcd and under round cable duct to be installed for the purpose of distribution of electricity in the area commonly known as The Square" and further defined in exhibit A, Drawing No. P.U.E.D. 1132, Revision Level 0, Dated June 24 1985; Exhibit 81 Drawing No. P.U.E.D. 1133, Revision Level b, Dated June 24, 1985; Exhibit C Drawing No. P.U.E.D. 1134, Revision Level 0, Dated June 26, 19851 Exhibit D Drawing No. P.U.E.D. 1135, Revision Level 0, Dated July 5, 1995; and WHEREAS, Licensor has dedicated a duct within Licensor's System of Ducts to be used for CATV Service to subscribers in said area and is willing to permit, to the extant it may lawfully do so, the use of said duct by Licensee where, in Licensors judgment, such use will not interfere with its own service requirements or, at it may be advised, the service, requirements of the Joint Users, present or future, including consideration of economy and safety. NOW, THEREFORE, in consideration of the. mutual covenants, terms and conditions herein contained, the parties hereto do mutually covenant and agree as followst ARTICLE I. DEFINITIONS 1. All references herein to "Licensor's Duct" or "Licensor's C System of Ducts" or "Licensor's Duct System" shall mean duct Y 71 tc q. ani related appurtenances consisting of vaults, manholes, unction boxes and pull boxes solely owned by the Licensor, ointly owned 6y Licensor, or duct rented or obtained through other arrangements by Licensor from another owner. 2. All references herein to "Joint User" shall mean (1) a company or municipality which together with Licensor has a percentage ownership in a duct or system of ducts, (2) a public utility company or municipality which has use privileges for Licensor's duct, or (3) a public utility company which owns duct for which Licensor has use privileges. 3. All references heroin to "CATV Service" shall mean all services provided by Sammons Communications as defined in its franchise agreement with the City of Denton. 4. All references herein to "Licensee's Cable" shall mean the coaxial cable or Cables and associated joining fittings used as the transmission media for CATV Service. S. All reference herein to "Licensee's Equipment" shall refer to am lifiers, power suppplies and other similar support equipment that is not suitabla for inclusion in duct system manholos, vaults, junction boxes and pull boxes. ARTICLE II. SCOPE OF AGREEMENT 1. Licensor hereby agreee to license and permit Licensee to route Licensee's Cable, for the primary purpose of furnishing CATV Service in accordance with its franchise, within the area commonly known as "The Square," and further defined by Exhibits A, 8, C and D; to such of Licensoe's Duct System of as are, in the judgment of the Licensor, suitable and available for such cable, subject to conditions and limitations contained herein. 2. Licensee agrees that only cable shall be routed through Licenser's Duct and related manholes, vaults, pull boxes and junction boxed and that Licensee shall install Licensee's Equipment in above ground locations sited to prevent interference with Licensor's access to said manholos, vaults, pull boxes and junction boxes. 3. Licensee agrees that this Agreement extends only to the use of the Licenser's Duct System as defined on Exhibits A, B, C, and D; and that Licensee agrees to sacuve and maintain from the proper franchising authority, a franchise to erect and maintain its equipment within public streets, highways and , other thoroughfares provided such franchising authority exists, PACE 2 78 r I and shall secure any and all consents, permits or licenses that may be required by lax for its operations. 4. Licensee agrees to assist in and bear the expense of securing any consents, permits or licenses that may be required by Licensor by reason of this Agreement. ARTICLE III. APPLICATION FOR PERMISSION TO INSTALL CABLE 1. At least thirty (30} days prior to the time Licensee desires to install cable in Licensor's Duct System, it shall make written application to Licensor. Licensor shall review Licensee's application and upon approval, shall supply Licansea written approval to proceed with installation. 2. Upon receiving such written approval but not sooner, Liconsoe shall have te right, subject to Article IV horsing to install, maintain and use Licensee's Cable described in said application in ducts identified thorain, provided that Licenses shall complete each installation within one (1) year from date of said approved application; provided however, that before commencing any such installation, Licensee shall notify Licensor at least five days in advance of the time when it proposos to do such rk and, in the avant Licensor elects to have itr represont. Lvo presene Licenses shall reimburse Licensor for the cost and expense hereof. 3. Where costs are involved in the rearrangement of Licenser's Duct or other facilities to accommodate Licensee's Cable, the Licensor shall notify Licensee of these estimated costs and Licensee shall notify the Licensor in writing that actual costs will be paid by Licensee to affect such rearrange- ment. Licensor shall then make said changes and rearrangements at Licensee's sole risk and expense, and upon completion shall notify the Licensee that installation of cable may proceed. 4. Licensee shall not have the right to place, nor shall it place, any of Licensee's Equipment in Licensoe's System of Ducts and its associated manholes, vaults pull boxes, and Junction boxes; and shall install only the Licensee's Cable and fitting required for its termination and assembly or connection within the duct system. Licensee's equipment necessary for the full operation of and delivery of CATV Service shall be constructed, housed, or mounted external to Licansor's System of Ducts. S. Licensee shall not change the position of any cable routed through Licenser's Duct System without Licensee's prior r PACE 3 79 c ci A written approval, The provisions of this Article shall not restrict the attachment of service drops from Licensee's Cable installed in the Licensoe's system of ducts. ARTICLE IV. SPECIFICATIONS 1. Licenses, at its own cost and expense, shall construct maintain and replace Licansoo's Cable in accordance with (if such requirements and specifications as Licensor shall from time to time prescribe, (ii) in compliance with any rules or orders now in effect or that hereafter may be issued by a regulatory Commission or other authority having jurisdiction and (iii) the requirements and specifications of the National Electrical Safotq Code, 1487 Edition, and any subsequent amendments or revisions of said specifications or code. ARTICLE V. INSTALLATION AND MAINTENANCE OF CABLE AND DUCT 1. Upon written notice from Licensor, Licensee shall, within thirty (30) days of receipt of such notice, relocate or replace Licensees Cable or transfer the same to a substitute duct system or perform any other work in connection with said Cable that may be requested by Licensor, at Licensee's sole risk and expense; provided r however, that in cases of emergency, Licensor Cable to to relocatt or - may, replaceic the Licen seee's rCable,d transfer sarrange statute duct system or perform any other work in connection with said Cable that may be required in the maintenance, replacement, removal or relocation of said duct system, for the service needs of Licensor. 2. No additions to, or change of locations of Licensee's Cable in Licensoe's Duct System shall be undertaken without the prior written consent of Licensor, except in cases of emergency, 1 when Licensee must obtain oral permission from Licensor s authorised representative, presently designated as the City of Doncon, Director of Utiities and subsequontly confirmed in writing. 3. Licensee shall, at its sole risk and expense, maintain all of Licensee's Cable in Licensoe's Duct System in safe li condition and thorough repair. Licensor or its a,ents shall be sole judge of suitability of such condition and eepair. ! 4, Licensor reserves to itself, its a..•:cessora and assigns ' the right co maintain Licensoe's Duct System and to oporate its facilities therein in such manner at will best enable it to PAGE 4 80 P E fulfill its public service requirements. Licensor or the Joint Users will make ovary reasonable effort to prevent interruption to the service of the Licensee but shall not be liable to Licensee for any interruption to the service of Licensee, or for interference with the operation of the Licensee's Equipment. 5. Nothing in this Agreement shall be construed to obligate Licensor to grant Licenses permission to use any particular duct and Licensor at its discretion may revoke permission therefore granted to Licensee with respect to any particular duct if [,!censor can make a substitute duct system available. If such permission is refused, Liconsoo is free to make any other arrangement not prohibited under the terms of this Agreement it may wish to provide for Licensee's Cable at the location in question. 6. Whonover pursuant to the provisions of this Agreement, Licensee shall ~e required to remove Licensee's Cable from any duct, much removal shall be made except am otherwise specifi- cally proviued, within thirty (30$ days following the giving of notice to Licensee to so remove. Upon failure of Licensee to remove Licensee's Cable within such thirtyy (30) daga or so otherwise required, Licensor may remove Licensee's Cable and charge all costs associated with said removal to Licensee. ARTICLE VI. RIGHTS-OF WAY, LEGAL AUTHORITY AND DEFAULT 1. In the event any such franchise, license, permit or consent necessary for the lawful provision of CATV Service is revoked or is hereafter denied to Licensee for any reason, permission to route Licensee's Cable through Licensoe's Duct System shall immediately terminate, Licensee shall) within a reasonable time, remove Licensee's Cable from Licensor's Duct system and Liceneor, at its option, may forthwith terminate this Agreement. 2. Upon notice from Licensor to Licensee that the cessation of the use of any duct system has been requoetad or directed by Federal, state or municipal authorities, permission to route Cable through such duct system shall immediately terminate and Licensee shall forthwith remove Licensee's Cable therefrom. 3. If Licensee shall fail to comply with any of the provisions of this Agreement, including the specification heretofore referred to, or defaults in any of its obligations under this Agreement, and shell fail within thirty (30) days ' after written notice from Licensor to correct such default or noncompliance, Licensor may, at its option: PACE 5 81 I t. a) forthwith terminate this Agreement in its entirety; or, b) at its election, revoke the permit covering the duct or ducts involved in such default or noncompliance; or, c) at Licensee's option, obtain service of an attorney to institute suit of other judicial proceeding to remedy any default by Licensee in its performance of the covenants, terms and conditions of this Agreement. Licensee expregsly agrees that it shall pay reasonable attorney's fees and expenses of such legal counsel. ARTICLE VII. FEES 1. For the privilege of placing and maintaining Licensee's Cable in Licensoe's Duct System as shown on Exhibits A, 8, C and D Licensee shall pa an initial fee of $18 0000 and the sum o ~2Q.00 s r year for the next fourteen (14) years, due and payable on October 1, of each year. 2. No additional fees will be paid by Licensee during the term of this Agreement except am provided elsewhere herein. 3. Payment of the $180000 fee shall be made within thirty (30) days of the execution of this agreement. Failure to pay such amount when due shall constitute a default under this Agreement. ARTICLE VIII. TERM AND TERMINATION OF AGREEMENT 1. This agreement, if not previously terminated in accord- once with the provisions hereof, shall continue in effect for a term of fifteen .(19) years and thereafter until terminated as provided herein. The Agreement may be terminated at the and of said term or at any time thereafter by either party SLving to the other party at least (40) days written notice. Vpon termination of the agreement, Licensee shall remove Licensee's Cable for the Licensee's Duct System within thirty (30) days of the effective termination date. 2. Licensee may at any time remove Licensee's Cable from Licensoe's Duct System but shall immediately give Licensor written notice of intent of such removal and Licenaee'm intent PAGE 6 82 I !I I to terminate this Agreement. No credit or refund of any fee shall be allowed Licensee on account of such removal. 3. This Agreement shall be subject to termination by Licensor without notice, or, where circumstances permit, upon five (5) days written notice to Licensee, upon objection being made b or on behalf of any governmental authority assorting prior ?urisdietions thereof. ARTICLE IX. FORCE MAJEURE If either party is rendered unable, wholly or in part, by force majeure or other causer herein specified, to carry out its obligations under this Agreement, other than the obligation to make payment of amounts due hereunder, it is agreed that on such party's iving notice and reasonable full particulars of such force majeurs in writing to the other party within a reasonable time after the occurrence of the cause relied on, then t'as obligations of the party giving such notice, so far as they are affected by such force majeure or the causes herein specified, shall be suspanded during the continuance of any inability so caused, but for no longer period, and such cause shall so far as possible be remedied with all reasonable dispatch. For purposes of this Article, force majeure means any cause or event not reasonably within the control of either party; including without limitation the following: acts of Cod, strikes; lockouts; orders of any kind of the government of the United States or of the State of Taxes or of any of their departmental agencies or officials, or civil or military auth- orities; insurrections; civil disturbances; epidermis; land- slides; lightning; earthquakes; fires; hurricanes; tornadoes; storms; typhoons; cyclones; waterspouts; floods; washouts; arrests; restraints of government and people; explosions; breakage or accident to machinery and transmission lines or poles. ARTICLE X. INDEMNITY AND INSURANCE 1. Licensee shall indemnity, protect and hold harmless Licensor and other Joint Users of said duct system from and against any and all loss, costs, claims, demands, damage and/or %xpense arising out of any demand, claim, suit or judgment for damages to property and injury to or death of persons, including the officers, agents and employees of either party hereto and - other Joint Users of laid duct system, including payment made ll'~ I I PACE 7 83 i I under any 'Workers' Compr.:..ation law and under any plan for employees' disability anu death benefits, which may arise out or be ofLicensee'sh Cablestornb maintenance roximity of they res ac- tive cables, wires, apparatus and the appliances of the parties hereto or other Joint users of said duct system, or arising out of an act or omission of alleged act or omission of Licensee, including any claims and demands of customers of Licensee. 2. Licensee shall carry insurance, at its sole coat and ex ensb, to protect the parties hereto and other Joint Users of said duct eyitem from and against any and all such claims and demands and from and • ainst an and all actions, judgmental costs, expenses and liability of every name and nature which may arise or result, directly or indirectly from or by reason of the acts or omissions of Licenses hereunder and irrespective of any fault, failure, negligence or alleged negligence in the part of Licensor or of any or the joint users of said duct system. The minimum amounts of such insurance are set out in Section 27-S8 of Ordinance No. 78-21 of the City of Denton Ordinances, and the Licenses will comply with the provisions of that section, and as the same may be amended. Licenses shall promptly advise the authorised representative or Licensor of all claims relating to damage to property or injury to or death of persons ariain` or alleged to have arisen in'any manner by, f or direct~y or indirectly associated with, the erection, maintenance, presence, use or removal of Licensee's property., 3. Licensee shall exercise special precautions to avoid damage to facilities of Licensor and or the Joint 1sers in said ducts and hereby assumes all resr:;nsibility for any and all loss for such damage, Licensee shall make an immediate report to Licensor of the occurrence of any such damage and hereby agrees to reimburse Licensor foi the expense incurred in making repai-s noceesitated thereby. ARTICLE %I. LIMITATION ON ASSIGNMENT AND TRANSFER 1. Licenses shall not assign, transfer or cublet this f Agreement, or any of the privileges hereby granted to it, without the prior written consent of Licensor. Provided, however, that Licensor's consent shall not be required to place a mortgage or lion upon the facilities of Licenses for the purpose of financing the installation, improvement, maintenance or extension of its system. 2. No use, however extended, of Liconsor's Duct System under this Agreement shall cryate or vast in Licenses any ownership of PAGE 8 84 k l U li I I i I t I property right in Licensoe's Duct System, but Licensee's rights therein shall be and remain nothing more than a License. Nothing herein contained shall be construed to compel Licensor to maintain any of its duct system for a period longer than that demanded by its own service requirements. 3. Nothing herein contained shall be construed as affecting the rights or privileges previously conferred by Licensor to others, by contract or otherwise, to use any ducts covered by this Agreement, and Licensor shall have the right to continue to extend such rights or privileges; the use privileges granted hereunder shall at all times be subject to such contracts and arrangements and nothing contained herein shall be construed as affecting the right of Licensor to rant use privileges to such other parties as it may desire to do to. 4. Failure to enforce or insist upon compliance with any of the terms or conditions of this Agreement shall not constitute a general waiver or relinquishment ofi any such terms or condition,, but the same shall be and remain at all times in full force and effect. S. Subject to the provisions of pars, araph 1 of this Articles this Agreement shall extend to and bind the successors and assigns of the parties hereto. 6. Nothing contained herein shall be construed as affecting the rights conferred or exercised by the parties under present or future governmental authority or regulation. I ARTICLE XII. SUPPLEMENTAL OPERATING ROUTINES OR WORKING PRACTICES 1. r:.rhtng in the foregoing shall preclude the parties to this Agr%~,-ment from preparing such supplemental operating routines or working practices ss they may mutually agree to in writing to be necessary or ds irsbLe to effectively administer the provisions of this Agreement. ARTICLE XIII. NOTICE 1. Any notice provided in this Agreement to be given by either party hereto to the other shall be deemed to have been duly given when made in writin and deposited in the United States Nail, postage prepaid, adire s ed as follows 3 PAGE 9 85 i U TO LICENSEE: TO LICENSOR: Sammons Communications, Inc. City of Denton 20S Industrial Attn. Director of Utilities Denton, Texas 16201 215 East McKinney Denton, Texas 16201 ' IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed ae of the day and year first above written. CITY OF DENTON, TEXASo LICENSOR BY. ra/+ ATTEST. APPROVED AS TO LEG" FORM. DEBRA ADAMI DRAYOVITCHO CITY ATTORNEY DYI SAMMONS COMMUNICATIONS, INC., LICENSEE BY. ATTEST. ~IrN PACE l0 AGENDA INFORMATION SHEET +01Ad1 AP* 4 OIM AGENDA DATE; March 23, 1999 DEPARTMENT: City Secretary's Office CM: Mike lez, City Manager SUBJECT Consider adoption of an ordinance dissolving the Cable Television Advisory Board, *e Downtown Advisory Board, and the Sign Board of Appeals; an ordinance amending the duties of the Airport Advisory Board, and an ordinance establishing the formation of a Construction Advisory and Appeals Board. BACKGROUND At the February 12, 1999 Work Session, Council reviewed the current boards and commission In terms of appropriateness of duties and the continuing need for each board and commission. As a result of that review, Council directed staff to prepare the necessary documents for action on the following boards and commissions 1. Airport Advisory Board - the responsibilities of other advisory boards have been reviewed and it is felt that this revised ordinance reflects roles and responsibilities that are most consistent with those of other boards. As now defined, the purpose of the Airport Advisory Board is to advise Council on pWia matters concerning or pertaining to the Denton Municipal Airport, and to submit a budget recommendation to the City Manager for the Airport for his consideration in preparing the total City budget. The word "all" was merely changed to the word "policy" With regard to the discussion on the pecuniary interest clause, it was not staffs recommendation, not was it staffs intent to imply that any change be made to the existing make-up of the Board. It was simply a matter to review the importance of this Issue and to suggest that Council members consider this clause when appointing new members to the Board. The City Manager met a number of times with the Airport Advisory Board Chair. Although staff originally thought the Board would be satisfied with the language change, there are some board members who do not agree. However, it is still staffs recommendation that Council approve the attached ordinance. I 2. Building Code Board/Electrical Code Boar"Jumbing and Mechanical Code Board - the proposed ordinance would combine these three boards and create a Construction Advisory and Appeals Board. 3. Cable Television Advisory Board - the proposed ordinance would dissolve this board. 4. Downtown Development Advisory Board - the proposed ordinance would dissolve this board due to the fact that the Main Street Association and City Main Street staff have assumed the duties and activities of the Board. t~ t: 5. Sign Board of Appeals -the proposed ordinance would dissolve this board and return the duties to the Zoning Board of Adjustment. Council directives regarding other boards and commissions included: 1. No recommended changes to the Animal Sheller Advisory Board, Civil Service Commission, Community Development Advisory Committee, Denton Housing Authority, Human Services Advisory Committee, Planning and Zoning Commission, TMPA, and the Traffic Safety Commission. 2. Council Member Cochran had asked for a recommendation from the Historic Landmark Commission regarding board membership requirements. The HLC considered this request on February 8, 1999 and voted $-9 to retain the current requirements for membership. It was felt that the purpose for soliciting these qualifications was to allow the HLC to take advantage of their members' expertise and advice without having to hire outside consultants. Subsection (e) of the ordinance creating the HLC Indicates that "the fact that one or more representatives from the five fields of expertise may not at any given point be a member of the landmark commission, for whatever reason, shall not affect the validity of any decision of act of the commission." 3. Keep Denton Beautiful - As Keep Denton Beautiful has recently been transferred to the Parks and Recreation Department, the Council's recommendation was to maintain the board in its present state for a year and then re-evaluate its duties for possible changes, 4. Library Board - The Library Board will continue to act solely in an advisory capacity and will begin meeting on a bl-monthly basis starting In February. i 5. Recommendations requiring Charter amendments - a. Parks and Recreation Board - the proposed Charter amendment would Increase membership to 7 on this board and eliminate the property ownership requirement, substituting voter registration as a primary qualification. b. Public Utilities Board - the proposed Charter amendment would allow the Board to meet in Executive Session to discuss competitive confidential Issues that would affect daily operations of the public utility. Membership on this board would also be increased to seven. c. Zoning Board of Adjustment - the proposed C$artcr amendment would Increase membership to at least seven members. r Respectfully submitted: l YIA /A -71 nmfer altiia ity S retary r f nam ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NOS, 87-112, 93.140, AND 97.299 AND SECTION 3.2 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON CREATING AN AIRPORT ADVISORY BOARD TO PROVIDE THAT THE BOARD SHALL SERVE IN AN ADVISORY CAPACITY ON POLICY MATTERS CONCERNING OR PERTAINING TO THE DENTON MUNICIPAL AIRPORT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager and the City Secretary have made rocommendations re- garding the consolidation and elimination of various boards and commissions of the City, in- cluding changes in some of the functions of those boards; and I WHEREAS, the City Council deems it in the public interest to change the ordinances j creating the Airport Advisory Board to provide that the Board shall provide the City Council ad- vice on policy matters pertaining to the Denton Municipal Airport; NOW, THEREFORE, i THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That subsection (c) of Section 3-2 "Qualifications of the Airport Advisory Board" of the Code of Ordinances of the City of Denton is hereby amended to read as follows: Sec. 3.2. Creation, Composition, and Quailfications of the Airport Advisory Board. C. The Board shall serve in an advisory capacity and shall advise the City Council on policy matters concerning or pertaining to the Denton Municipal Airport, and shall submit a budget recommendation to the City Manager for the Airport for his consideration in pre- paring the total City budget. SECTION 11, That the provisions of this ordinance shall govern and control over any conflicting provisions of Ordinance Nos. 87.112, 93.140, 97.299 and that certain Resolution dated June 24, 1969 creating the Airport Advisory Board, All of the provisions of these ordi. nances and this resolution in conflict with this ordinance are repealed to the extent of that con- flict only. All other provisions of Section 3.2 of the Code of Ordinances, Ordinance Nos. 87- 112, 93.140, 97.299 and the Resolution of June 24, 1969 creating the Airport Advisory Board not herein amended shall remain in full force and effect. SECTION Ill. That if any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any person or circumstance Is held Invalid by any coon of competent jurisdiction, such holding rhall not affect the validity of the remaining ! portions of this ordinance, the City Council of the City of Denton hereby declares that they ! ' , t would have enacted such remaining portions despita any such invalidity, SECTION IV. That this ordinance shalt become effective immediately upon its passage and approval. c, u PASSED AND APPROVED this the day of 11999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: / w(Ai 1 ~ inn. aer, aa. cadrarnrn~ ►ra e+ 4 Page 2 t S• kW....:( -011 ~ a+ %M_~ % ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS DISSOLVING THE CABLE TELEVISION ADVISORY BOARD AND REPEALING SECTION S. i 30(b) OF THE CODE OF ORDINANCES AND REPEALING ORDINANCE NO. 96-168 AND PORTIONS OF ORDINANCE NO. 88-182 RELATING TO THE CABLE TELEVISION ADVISORY BOARD AND ANY OTHER ORDNANCE IN CONFLICT WITH THIS ORDINANCE; CONVEYING THE APPRECIATION OF THE COUNCIL TO ALL CURRENT AND FORMER MEMBERS OF THE CABLE TELEVISION ADVISORY BOARD; PROVIDING A SAVINGS CLAUSE; AND PRESCRIBING AN IMMEDIATE EFFECTIVE DATE. WHEREAS, by Ordinance No. 88.182 and Section 8-130(b) of the Code of Ordinances of the City of Denton, the Council of the City of Denton, Texas established a Cable Television Advisory Board to provide leadership, guidance, and needed assistance to the City Council in decisions involving the disputes between subscribers and the cablo television fhmldse holder, to review filings, reports, rates, tariffs, and rules of the franchise holder, and to advise the City Council on its regulatoryjurisdiction; and WHEREAS, through its service to the Council and the citizens of Denton, the Cable Television Advisory Board proved its worthiness for over a decade; and I WHEREAS, os a result of the need to combine and eliminate those boards and commissions that have fulfilled their functions and are no longer needed due to City staff being able to advise the Council on all aspects of their duty and functions, the City Council deems it necessary to dissolve the Cable Television Advisory Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That Section 8.1?0(b) of the Code of Ordinances of the City of Denton, which created the Cable Television Advisory Board of the City of Denton, is hereby repealed, along with Ordinance No. 96.168 and those portions of Ordinance No. 88.182 which create and define the powers and functions of the Cable Television Advisory Board. Any other ordinances in conflict with this ordinance are also repealed to the extent of any such conflict only. SECTION H. That the Council of the City of Denton, Texas hereby conveys its deepest appreciation to all current and former members of the Cable Television Advisory Board for their loyal and dedicated service to the City Council and the citizens of Denton. SECTION Ill. chat save an•A except as repealed hereby, all of the sections, clauses, sentences, and phrasrs of Chapter 8 of the Code of Ordinances of the City :,f Denton and t Ordinance No. 88.182 shall remain in :bil force and effect t f r;. t' SECTION IV. That this ord'uxnce shall become effeedve Immediately upon its passage and approval Page I of 2 r~ u i i I i I PASSED AND APPROVED this the _ day of 01499. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: i I ~ I MnJdp'tAL'fA/ D~MiMSM~ldi, rY M dlv! bile i 1 r' Page 2 of 2 i 0 I c I~ Apwtde ND ~ D -.31d M flats . ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS DISSOLVING 'THE DENTON DOWNTOWN DEVELOPMENT ADVISORY BOARD AND REPEALING ORDINANCES 91- 021, 91-071, 95.259 AND ANY OTHER ORDINANCE OF THE CITY OF DENTON, TEXAS, TO TTIE EXTENT OF ANY CONFLICT; CONVEYING THE APPRF.CIA'I'ION OF THE COUNCIL TO ALL CURRENT AND FORMER MEMBERS OF THE DENTON DOWNTOWN DEVELOPMENT ADVISORY BOARD; AND PRESCRIBING AN IMMEDIATE EFFECTIVE DATE. WHEREAS, by Ordinance 91.021, the Council of the City of Denton, Texas established a Denton Downtown Development Advisory Board to provide advice and recommendations to the City Council and other appointed boards or commissions in decisions and issuo% involving the organization, promotion, appearance, revitalization, and economic development of the downtown area and central business district; and WHEREAS, through its service to the Council and the citizens of Denton, the Denton Downtown Development Advisory Board proved its worthiness since 1991 which followed prompting the City Council to continue the board and to change its makeup and residency requirements in Ordinance Nos. 91-071 and 95.259; and WIIEREAS, the duties and functions of the Denton Downtown Development Advisory Board have been assumed by the City of Dcntou's Economic Development Department and staff, including its Main Street Manager, and, as a result, the City Council no longer deems it in the public interest to continue the Board; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I That Ordinance No. 91.021, which created the Denton Downtown Development Advisory Bcard, are hereby repeated, along with Ordinance Nos. 91.071 and 95.259 and any other ordinances in conflict with the purposes of this ordinance, to the ement of any such conflict only. SECTION II. That the Council of the City of Denton, Texas hereby conveys its deepest appreciation to all current and former members of the Denton Downtown DevehKiment Advisory Board for their loyal and dedicated service to the City Council and the citizens of 1>.-nton. SECTION 111, That this ordinance shall become eiTective immediately uptu its passage and approval. r 0 c~ i PASSED AND APPROVED this the day of_ - . .1999. JACK MILLER, MAYOR ATTEST: JENNIFER WAITERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT I.. PROUTY, CITY ATTORNEY fir\ ' r Page 2 f t l00ft. - 99 C~ 1-1- ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 33 "SIGNS AND ADVERTISING DEVICES" CODE OF ORDINANCES, CITY OF DENTON, TEXAS BY REPEALING ARTICLE I, SECTION 33.6 TO ABOLISH SIGN BOARD OF APPEALS; AMENDING CHAPTER 33 "SIGNS AND ADVERTISING DEVICES" BY ADDING NEW SECTION 33.6 PROVIDING FOR THE APPEALS, VARIANCES AND SPECIALS EXCEPTIONS REGARDING CHAPTER 33 BE HEARD BY THE ZONING BOARD OF ADJUSTMENT; AMI YDING CHAPTER 33 "SIGNS AND ADVERTISING DEVICES" CODE OF ORDINANCE;, CITY OF DENTON, TEXAS BY AMENDING SECTIONS 3349, 33.122 AND 33.125 BY REPLACING SIGN BOARD OF APPEALS WITH BOARD OF ADJUSTMENT; PROVIDING A SEVERABILMY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ' WHEREAS, on November 20, 1990, d,e City of Denton adopted ordinance 90.182 creating the Sign Board of Appeals; and WHEREAS, on January 26, 1999, the City Council, City of Denton recommended to dissolve the Sign Board of Appeals and return the duties to the Zoning Board of Adjustment; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: f SECTION 1. That Chapter 33, Code of Ordinances, City of Denton, Texas "Signs and Advertising Devices" is hereby amended by repealing Article I, Secdon 33-6 In its entirety. SECTION It. That Chapter 33, Code of Ordinances, City of Denton, Texas, Is hereby 1 amended by adding Section 33-6 to read as follows: Sec. 33-6. Appeals, variances and special exceptions. (s) The Board of Adjustment (board) is authorized to hear all appeals, variances, and special exceptions in accordance with powers, rules and procedures applicable to the Board of Adjustment In Chaptcr 33, "Zoning" Code of Ordinances, City of Denton, Texas and Chapter 211 of the Texas Local Government Code. (b) The Board of Adjustment shall have the following duties: (1) To hear and decide an appeal that alleges error In an order, requirement, decision, or determination made by an administrative official in the enforcement of this chapter. (2) To hear and decide special exceptions to the tern a of this chapter when ~ this chapter requires the board to do so A (3) To hear and decide on requests for variances In tho regulations of this c;:apter. (c) Appeals to the board I (1) Appeals may be brought by any person aggrieved by a decision or by any officer, department, board, or bureau of the municipality aFected by the decision. (2) The appeals shall proceed and be governed as all other appeals to the Board of Adjustmert. (d) Variances to the sigri regulations. (1) Any person requesting a variance from the provisions of the alp regulations shall submit an application on a form provided by the city, containing the information and plans requested in the application, along with the established filing fee. (2) The board shall act upon the variance request within a reasonable time. Notice of the hearing shall be given In the same manner as appeals to the board. (3) The b*nrd may grant a variance from a requirement of this chapter if its finds all the following ++C a. Due to some unique condition or feature of the property which in not generally common to other properties, literal compliance with the sign regulation would cruse unnecessary hardship; b. The granting of the variance will not violate the spirit or the intent of the ordinance; and c. The condition or feature which creates the need for the variance did not result from the property owners' acts. (4) The board shall not grant a variance to any applicant solely for personal convenience, financial hardship, or other reasons unrelated to the property. If the board grants a variance, the variance shall be granted only to the extent that it is reasonably necessary to remedy the hardship. The board may impose conditions relating to the use of the sign for wlilch a variance is granted. (S) All declsions of the board granting or refusing a variance shall be reduced to writing and signed by the chairperson. If a variance Is denied, the decision shall state the conditions for the variance which were not met. If the board grants a variance, the decision shall state that all conditions for a variance were met, specify the degree to which the regulations are being varied, and be signed by the members voting in favor of the variance. (e) Special exceptions. The board may grant a special exception ftom the provisions of this chapter for the setback or height of sign, other than a portable sign, under the following circumstances: (1) Visibility obstructions. When filly (50) rzeent or more of the effective area of a sign to ba located in accordance with the setback or height t requirements of this article would not be visible from at least one / "visibility point" because of an existing building, structure, or the natural ground. R i i i A As used herein, "visibility point shall mean the viewing locations, 91 a height of six (6) feet, determined by extending the side yard setback lines of the property so as to intersect the curb line of the public street fronting the property, then measuring from the intersecting points along the curb line away from lie property In each direction for a distance on one hundred (100) feet. If the street fronting the property is one-way, the visibility point In the direction from which traffic approaches the property shall be used to determine the visibility requirement. (See Appendix Illustration No. 14d.) (2) Medical Emergency signs. When signs located on the property of an emergency medical treatment facility would not, because of tha setback or height requirements of this article, be readily visible from adjacent public streets. For purposes of this provision, "Emergency Medical Treatment 1 Facility" shall mean any hospital, clinic or other facility where medical aid is offered to a person or animal which suffers an injury or illness that requires Immediate medical attention. In granting a special exception, the board t,,all specify by written order the setback or the height that will be allowed, but in doing so shall not ,llow deviation from the provisions of this chapter beyond what Is minimally necessary to remedy the situation allowing for the special exception. (1) ludic Ia] review of board decisions. Appeals from any decision of the board under 11 this chapter may be made in accordance with the provisions applicable to all other appeals of the board of adjustment. SECTIONIll. That Section 33.49 of Chapter 33 of the Code of Ordinances of the City J of Denton is hereby amended to read as follows: 1 I Sec, 33-49. Appeal of revocatlos. Any aggrieved person may appeal a denial, proposed revocation, or revocation of a j license to the board of adjustment as provided herein. SECTION IV. That Section 33.122 of Chapter 33 of the Code of Ordinances of the City of Denton is hereby amended to read as follows. See. 33.122. Removal-, appeals. If the person ordered to correct a violation fails to do to within the time specified, the building official may removd or cause the removal of the unlawful sign. Any person sggrieved by the order may file an appeal with the board of adjustm :nt. r r' SECTION V. That Section 33.125 of Chapter 33 of the Code of Ordinances of the City A of Denton is hereby amended to read a follows: See. 33.125. Appeal. 1 Any aggrieved person may contest the reasonableness of the cost of removal of a sign imposed hereunder by filing an appeal with the board of adjustment within twenty (20) days of the mailing of the notice of the costs. The board may uphold the cost imposed by the building official or impose and levy whatever cost it considers reasonable. Storage costs shall not be j appealable. $FC11ON VI, 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 ordinance not in direct conflict hem'vith, this ordinance shall be and is hereby made cumulative except as to such prior ordinances or portions thereof as are expressly repealed hereby. SECTION 'L1. That if any provisions of this ordinance or application thereof to any person or circumstances is hold invalid by any court, such holding shall not affect the validity of the remai,ting portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares that it would have enacted the remaining portions despite any such invalidity SECTION V11 . That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not to exceed two thousand dollars ($2000.00). Each day that a provision of this Ordinance Is violated shall constitute a separate and distinct offense. SECTION iX. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the option of this ordinance to be published twice In the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of .1999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: i G i U i APPROVED AS TO LEGAL FORM: HERBERT L, PROUTY, CITY ATTORNEY BY: <~:LL Z Y P4huoddept=OoDoeum ioOdhrmWWplowddw I I I I li I II I I r i f I I ~ I t ~l~\n c. nom iap C1 ta ORDINANCE NO. AN ORDINANCE AMENDING CIIAPTER 28 "BUILDINGS AND BUILDING REGULATIONS" CODE OF ORDINANCES, CITY OF DENTON, TEXAS BY REPEALING ARTICLE 11, DIVISION 1 "BUILDING CODE BOARD", SECTIONS 28.41.28-42; REPEALING ARTICLE Ill, DIVISION 3 "ELECTRICAL. CODE BOARD", SECTIONS 28- 96-28.98; REPEALING ARTICLE IV, DIVISION 3 "PLUMBING AND MECHANICAL BOARD", SECTIONS 28.186.28.190; REPEALING ARTICLE V, DIVISION 2 "PLUMBING AND MECHANICAL CODE BOARD", SECTIONS 28.271.274; AMENDING CHAPTER 28 "BUILDINGS AND BUILDING REGULATIONS" BY ADDING ARTICLE 10, PROVIDING FOR THE CREATION OF A "CONSTRUC'T'ION ADVISORY AND APPEALS BOARD" TO REPLACE: BUILDING CODE BOARD, ELECTRICAL CODE BOARD, AND PLUMBING i AND MECIIANICAL CODE BOARD; AMENDING CHAPTER 28 "BUILDING AND BUILDING REGULATIONS" CODE OF ORDINANCES, CITY OF DENTON, TEXAS BY AMENDING SECTIONS 28.172, 28.231((), 28.382, 28.386, 28.426, 28.429, 2843, 28- 431(a), 28.432(g), 28.434(a), 28.434(bx3) AND 28.437 BY SUBSTITUTING CONSTRUCTION ADVISORY AND APPEALS BOARD FOR PLUMBING AND MECHANICAL CODE BOARD AND BUILDING CODE BOARD; AMENDINQ CHAPTER 29 "FIRE CODE" CODE OF ORDINANCES CITY OF DENTON, TEXAS BY AMENDING SECTION 29.2 (A)(2) BY SUBSTITUTING CONSTRUCTION ADVISORY AND APPEALS BOARD FOR BUILDING CODE BOARD; PROVIDING A SEVERABILTTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. I T I IE COUNCIL OF TI IF CITY OF DENTON HEREBY ORDAINS: $fiCi10N 1, That Chapter 28, Code of Ordinances, City of Denton, Texas "Buildings and 3uilding Regulations" Is hereby amended by repealing Article 11, Division 2 "Building Code Board, Sections 28.41.28.42, Article 111, Division 3 "Electrical Code Board, Sections 28.96.28- 97, Article IV, Division 2 "Plumbing and Mechanical Code Board", scctioas 28-186.28.190 and Article V, Division 2 "Plumbing and Mechanical Code Board", Sections 2J.271.28.274 in their entirety. SEC I ION 11. That Chapter 28, Code of Ordinances, City of Denton, Texas, is hereby amended by adding Article X "Construction Advisory and Appeals Board" to read as follows: ARTICLE X. C'ONS'rRLICTION ADI'TSORI' AND APPFAI,S BOARD See. 28-438. Purpose. In order to hear and decide appeals of orders. decisions or determination made by the building + f ollicial or fire marshal relative to the application and Interpretation of the Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, Uniform Fire Code or National Llectrical Code, there shall be a Construction Advisory and Appeals Board. The board shall also i t, I I I I 1 I 1 9 here any other matters that are appealable pursuant to Chapter 28 Code of Ordinances, City of Denton, Texas. See. 28-439, Created, There is hereby created a Construction Advisory and Appeals hoard consisting of seven (7) members, each to be appointed by the city council for a term of two (2) years, commencing July t of the year appointed. A member may be removed for cause by the council after a public hearing. All seven members shall serve until their successors are appointed. To the extent that persons arc available within the city, the board shall consist of one general contractor, one architect or engineer, one rerson from the plumbing industry, one person front the electrical Industry, two individuals who are associated with the construction, development or real estate Industry and an additional member. All cases shall be heard by a minimum of four (4) members except for when consideration of variances as described In Sec, 28.440 (ax3) are involved, such cases shall be heard by a minimum of six (6) members. The building official shall be an ex officio member to this board and shall act as secretary to said board but shall have no vote on any matter before the board, See, 28.440 Procedures and powers, (a) The Construction Advisory and Appeals Board shall adopt rules to govem its proceedings, provided the rules are consistent with all adopted codes and statutes of the state. 'the board shall: (1) Elect a chairperson. who may administer oaths and compel the attendance of witnesses; (2) ]lean and determine, by a majority vote of the members, appeals frcm any decision of the building official or fire marshal made pursuant to Chapter 2b and Chapter 29, Code of Ordinances, City of Denton, Texas after proper notice has been given, (3) The concurring vote of 75 percent of the members of the board is necessary to grant variances to any provisions of Chapter 28 and Chapter 29, Code of Ordinances, other than Article ix of Chapter 28, subject to appropriate safeguards, and after a determination by the board that a hardship exists which would lx cured by the particular variance sought. (4) Maintain jurisdiction of questions involving Article IX of Chapter 28, Code of Ordinances, as authorized therein. (b) the powers of the board are hereby extended so as to authorize the board to make z reasonable interpretations or rulings In matters properly before It pursuant to Sec, 28.438, ' d (c) 'the appeal procedure shall be as follows: (1) Any person aggrieved by & decision of the huilding official or Inspector under this chapter may sppeal such decision or order to the construction advisory and t~ appeals board. Every appeal shall be tiled in writing within ten (16 days from the date of the decision or order appealed from and shall be filed in duplicate with the building official. Such notice shall contain appropriate reference to the decision or order appealed from, as well as the grounds of the appeal. It shall be the duty of the building official to notify the chairman of the construction advisory and appeal board and the proper Inspector, (2) The amount of the fees for appeals shall be set by the City Council by separate ordinance and shall be on file in the office of the building official tnd the City Secretary. (3) The building official shall transmit to the board all relevant records and data upon which the appeal was taken. (4) An appeal shall stay all proceedings in connection with the decision or order appealed from, unless and until the proper inspector certifies to the board, alter notice of appeal has been filed, that a slay would cause hazard to life or property. In such case, proceedings pursuant to the decision or order of the building official shall not be stayed except by order of the board or by a restraii,!ng order issued by a court of competent Jurisdiction, (S) The board shall fix a reasonable time for the hearing of an appeal, giving notice in writing to the panics In interest, and shall reach its decision within three (3) days from the close of the hearing. The appellant may appear before the board In person, by agent or by attorney and may present material witnesses. The board j may require additional data and tests accessary for adequate decision of the appeal and may continue the hearing therefor. (6) The board shall have the power in all cases appealed to it from decisions or orders of the building oltic)al to revetse or affirm or modify, In whole or In pan, the decision or order appealed from. No decision of the board shall vary or be inconsistent with the terms or provisions of this article, (d) It shalt be the duty of the board to make an annual review of the provisions of this chapter and to recommend any necessary changes andfor improvements to the city council. This review shall include consideration of suggestions from contractors and the public at large, which may be obtained by means of open hearings as well as through regular channels. (e) That any and all references to N. Building Code Board, Electrical Code Board, and Plumbing and Slechaolcal Code Board as may be found In the Code of Ordinances, City of Wnton, Texas shall hcrcinoller be construed to mean the Construction Advisory and Appeals Board for all purposes. SECI ION Ili. That Section 28.172 of Chapter 28 of the Code of Ordinances of the City of Kenton is hereby amended to read as follows: q t f~ , t; Sec, 28.172, Appeals from decision of Inspectors. C' t: G t I Any person aggrieved by and interpretation of this article or by any ruling or decision by a plumbing inspector may within five (S) days file with the building official a petition in writing requesting a review of the plumbing inspector's decision. The building official shall personally determine the facts, and, withir, a reasonable period thereafter, he shall make a riling In accordance with his findings, Ilis ruling shall be final and binding on all parties, provided, however, that appeal may be taken to the construction advisory and appeal bo.ird as provided in 1 this chapter. SECTION IV. That Section 28.231 (f) of Chapter 28 of the Code of Ordinances of the city of Denton is hereby amended to read as follows: (i} A special ruling necessary to cover future construction or Installation not specifically covered by this article shall be made by the plumbing inspector and future construction shall conform to such ruling. The ruling shall be effective after approval by the construction advisory and appeals board. A copy shall be filed in the permanent records of the chief plumbing inspector. SEC11ON V. That Section 28.382 entitled Appeals of Chapter 28 of the Code of Ordinances of the City of Denton Is hereby amended to read as follows: Sec. 28-382. Appeals. Any appeal from a decision of the building ofliciat under the terms of this article shall be made to the construction advisory and appeals board. SECTION VI. That Section 28.386 entitled Definitions of Chapter 28 of the Code of Ordinances of the City of Denton is hereby amended to read as follows. , See. 28.386. Deflnitions. For the purpose of this article, the following terms, phrases, words and their derivatives shall be construed as specified in either this section or as specified in the building code. Where items are not defined, they shall have their ordinary, accepted meanings within the context with which they are used; nuurd means the construction advisory and appeals board of the city created in Section 28.439. Building rode is the building code adopted in section 28.27. I , Ef irleney d%vlBng unir Is a dwelling unit containing only one (1) habitable room and meeting the requirements orsection 28-402(c). Alerhanlrul rode is the mechanical code adopted in sectioe 28251. r' J tE ti Plumbing rode is the plumbing code adopted in section 28-144. Electrical code is the electrical code adopted In section 28-61. SEC?ION V11. That Section 28.426(aXI) of Chapter 28 of the Code of Ordinances of the City of Ucnton is hereby amended to read as follows: (I) A heading in the words: "Before the Construction Advisory and Appeals Board of the City of Denton, Texas"; SECTION VIII. That Section 28.426(b) of Chapter 28 of the Code of Ordinances of the City of Denton is hereby amended to read as follows: (b) Processing of appeal. Upon receipt of any appeal filed pursuant to this article and receipt of the filing fee, the building official shall present the appeal at the next regular or special meeting of the construction advisory and appeals board. IMION 1X. That Section 28.429%a) of Chapter 28 of the Code of Ordinances of the City of Denton is hereby amended to read as follows: (a) !fearing examiners, The construction and advisory board may appoint one (1) or more hearing examiners or designate one (1) or more of its members to serve as hearing examiners to conduct the hearings provided in this division. The examiner hearing the case shall exercise all powers relating to the conduct of hearings until it is submitted by him to the board for decision. SECTION X. That Section 28.430 entitled Form of notice of hearing of Chapter 28 of the code , of Ordinances of the City of Denton Is hereby amended to read as follows: Sec. 28.490. Form of notice of hearing. The notice of hearing to the appellant pursuant to this article shall be substantially in the following form, but may include other information: "You are hereby notified that a hearing will be held before the Construction Advisory and Appeals Board, at on the - do), of at the hour of upon the notice and order served upon you. You may be present at the hearing. You may be, but need not be, represented by counsel. You may present any relevant evidence and %%ill be given fill opportunity to cross-examination all witnesses te5lif)9ng against you, You may request the issuance of subpoenas to compel the attendance of witnesses and the J production of books, documents or other things by filing an affidavit thereof with the A Construction Advisory and Appeals Board (or name of hearing examiner)." / SECf10N XL 'Mat Section 28.411(a) of Chapter 28 of the Code of Ordinances of the City of Ucnion Is hereby amended to read as follows, t, t. (a) Filing of of davit. The Construction advisory and appeals board or examiner may obtain the issuance and service of a subpoena for the attendance of witnesses or the production of other evidence at a hearing conducted pursuant to this division upon the request of a member of the board or upon tha written demand of any parry. The issuance and service of such subpoena shall be obtained upon the filing of an affidavit therefor which states the name and address of the proposed witness, specifics the exact things sought to be produced and the materiality thereof in detail to the issues Involved and states that the witness has the desired things in his possession or under his control. A subpoena need not be issued when the affidavit is defective in any particular. SECTION Xu. That Section 28.432(g) of Chapter 28 of the Code of Ordinances of the City of Denton is hereby amended to read as follows: (g)1n.+lvdion ofpremises. The construction advisory and appeals board or the hearing examiner may inspect upon notice to all parties any building or premises involved In the appeal during the course of the hearing. SECTION XLU. That Section 28.434(x) of Chapter 28 of the Code of Ordinances of the City of Denton is hereby amended to read as follows: (a) !fearing required. In cases where the building official has determined that a building or structure should be demolished, a public hearing before the construction advisory and appeals board shall be held, regardless of whether or not a n appeal from such determination has been riled by any person, SECTION-My. That Section 28.434(bx3) of Chapter 28 of the Code of Ordinances of the City of Denton is hereby amended to read as follows; (3) A statement that a public hearing will be held before the construction advisory and appeals board on a date and time and a t a place therein specified to determine whether the building should be demolished in accordance with the notice and order of the building official, S[ON XV, That Section 28.431 entitled Objections to assessment of Chapter 28 of the Code of Ordinances of the City of Denton Is herchy amended to read as follows: Sec 28.437. Objection to assessment, Any person interested in or affected by an assessment levied against property as it result i a of any demolition work as provided in this article may rile a written protest or objection with the + ! j, Construction advisory and appeals board, specifically stating the grounds of such objections, the board shall within a reasonable time review the assessment and tl.e grounds for objections and I ! c: R may adjust the amount of such assessment in accordance with any errors made in calculating such assessment, ~EC710N XVI. That Section 29.2(AX2) orChapter 29 of the Code of Ordinances of the city of [Xmton is hereby amended to read as follows: 2, Section 103.1.4, entitled Appeals. is amended to read as follows: 103.1.4 Board of Appeals. In order to determine the suitability of alternate materials and types of construction and to provide for reasonable interpretations of the provisions of this code, the Construction Advisory and Appeals Board as created and organized under Chapter 29 of the Code of Ordinances shall pass upon all pertinent matters. Whenever the Fire Marshal disapproves and application or refuses a permit applied for, or whenever it is claimed that the provisions of the Code do not apply or that the true intent or meaning of the Code have been wrongly misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Fire Marshal to said Board within thirty (30) days from the date of the decision appealed. In addition to such Board, the Fire Marshal may request that additional members be appointed for specific rulings or interpretations. Such members shall be voting, ex- officio members and appolnted by the Chairperson of the Construction Advisory and Appeals Board to assist In the determination and/or ruling of a specific issue or case. Such apX dntments shall be temporary until the ruling Is rendered. No more than two (2) members shall be appointed, each having experience in the matter in question. the board shall adopt reasonable rules and regulations for conducting this investigation and shall render all decisions and finding in writing to the Fire Marshal with duplicate copy to the appellant and may recommend to the City Council such legislation as is consistent therewith, ~'LC710N XVI11. That this ordinance shall repeal every prior ordinance in conlict herewith, but only insofar as the portion of such prior ordinance shall be In conflict. turd as to all other sections or the ordinance not in direct conflict herewith, this ordinance shall be and is hereby made cumulative except as to such prior ordina=.% or portions thereof as are expressly repealed hereby, 5,F ION XVII. 'l hat if any provisions of this ordinance or application thereof to any person or circumstances is held Invalid by any coutr, such holding shall not affect the validity of the remaining portions of this ordinance, and the City CounJi of the City of Denton, Texas hereby I r declares that it would have enacted the remaining portions despite any such invalidity ~C[ION XIX, 7bot any person violating any provision of this ordinance shall, upon conviction, be fined a sum not to exceed two thousand dollars ($2000.00). Each day that a provision of this Ordinance is violated shall constitute a separate and distinct of,crose i cI c, i SECTION XX, That this ordinance shall become effective foudow (I 1) days from the date of its passage, and the City Secretary Is hereby directs to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 11999. JACK MILLER, MAYOR ATTEST: JENNIFER HALTERS, CITY SECRETARY f BY: APPRC VED AS TO LEGAL FORM: HERPERT L. PROUTY, CITY ATTORNEY BY: &4x/ % FAs1u rc&ep6L0b0ur avmenbWrdinmee`994romauerion Wwy kW doe i f i r A01* No. AGENDA INFORAIATION SHEET Apt W ftM a ~ r i 6818 AGENDA DATE: March 23, 1999 ff DEPART A1ENT: Engineering & Transportation L j CNIlDCAIIACAT: Rick Svehla, Deputy City Nlanagcr~ SUBJECT: CONSIDER AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE. TAKING AND ACQUIRING OF A STREET RIGIIT-OF-WAY EASEMENT IN 0.165 ACRE AND A TEMPORARY CONSTRUCTION AND GRADING EASEMENT IN 0.412 ACRE OF LAND LOCATED IN THE FRANCIS BATSON SURVEY, ABSTRACT NO. 43, OWNED BY NORMA AND D. GENE GAMBLE; AUTHORIZING THE CITY MANAGER OR IIIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET VALUE AND IF SUCII OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE'rim PROPERTY NECESSARY FOR 711E PUBLIC PURPOSE OF CONSTRUCTING STREET IMPROVEMENTS FOR WESTWARD DRIVE; AND DECLARING AN EFFECTIVE DATE, flL%CKGROUND- I'he attached plats illustrate the tracts recessary for constriction of the proposed section of Westward Drive to the existing section of Westward Drive that Was built in 1989, in assxiation with the Westgole I leights, Phase t subdivision. Ryland Homes representative, Brad Shelton of Bob Shelton Interposes, Inc. has asked that the City of Denton exercise the power of eminent domain to obtain the parcels. A contract will be used to insure that the developers bears all cost of condemnation. The public improvements required by the Cily of Denton for the pending Windsor Ridge Estates subdivision compels the developer, in this case Ryland I Ionics, to build the a minimum street section for Westward Drive. The Iknton Mobility Plan, as did the previous Collector Street Plan requires construction of a collector street at that location. In order for the street section to be installed as required, additional right-of-way is necessary. I have attempted to facilitate the dialogue between the two properly owners to find sonic common ground, Mr. and Mrs, Gamble, Brad Shelton, Bret Pedigo hclton's engineer) and I mct on December 8, 1998 and discussed all of the parameters invo~ved. Another meeting was held on January 13, 1999 with the Gambles to further discuss the proposal. It appears that that there arc nuincrous issues to be reconciled and progress has stalled. Mr. Shelton, on behalf of Ryland I Ionics, has asked for assistance from the City to allow the Windsor Ridge Estates subdivision to ' a proceed. IF.(-0AIAIf,NI)1lL--1 Staff endorses the acquisitions necessary to C,,, t the minimum requirements for Westward Drive, as per current City of Denton Std,-,' lions. i t I PRIOR ACTIONIREVIEW (CounciL Boards. Commisslopi Approved by Planning & Zoning Commission on January 13,1998. FISCAL INFORMATION All acquisition costs to be borne by developer. i MAE Attached Respectfully submitted: ; C21-1 1 -,-4 r Je' C a:k, D for Prepared by: En a_ ing Transportation Paul Williamson, Right-of-Way Agent G mfJr~ u i c. _ I i W ~ I Q U W 3 N WINDSOR DR. 40 _J Q co W SITE W a z J Z O S m E O Z UNIVERSITY DR. EMERY ORD R C1 J 0~ O W < Q U J . Q c~ to 3 r. I i I N o _ N 0e2,27'03' C i _ ! f 02.07'28' V p rf OCO{'W Vf i Y I 0' 100' 200' 3DD' ~ ILOrt Lw 2OlTVAPOKAILY , CONSTKQr.TioN 4 B R16NT oF•wnY 60O11 G itAsoMLNT A LLCN O/fC/rigl Dr hfk 0.YKr WR ACCyy/p WA hM, t a M KCCIOfC'M~GK[rNpC 7I MAGG a N.M1b0/ MIO dllaM{'(1 4~0a1 N MI,OIfTi f1 Q KItR M 1ft 0tt0. KCC70m N NIUJY/ 17R Ial~ W 0.L0.G7. A C • ~ pS VI +e;la ~ s s MCI= EXHIBIT "A" i fMn ~•w WONT-OF-WAY CONDEMNATION S~wMfti 541M OVA %?Aw "a 0 A, orl ar CWMK 10% =off. =4 4 cI DRAFT EXCERPTED MINUTES PLANNING AND ZONING COMMISSION January 13, 1999 The regular meeting of the Planning and Zoning Commission of the City of Denton, Texas was held on Wednesday, January 13, 1999, *1 5,30 p M. in the City Council Chambers at City Hall, 216 E. McKnney, Donlon, Texas Present. Elizabeth Gourdle, Salty Rishet, Susan Apple, Jim Engelbracht Rudy Moreno, and Bob Powel Absent: Carol Ann Goner Ii Present from Staff: Mike r3ucek, Fist Assistant City Attorney; David KII, Director of Planning; Mark Donaldson Ase+a lan) Director of Planning; Wayne Reed, Planner I; David Salmon, Engineering Administrator; and Trine Finney, Planner 11 The meeting was called to order %1 510 p.m. 2. Consider making a recommendation to the City Council concerning the condemnation of land rehrred W In Item 1.a, and b. , Commissioner Ergenxecht: At this time. I'd like to reconvene Into regular session of the Planning and Zoning Commission and welcome as of those If you have joined us since we went No closed maid At this time, we'll take up Ram e2 which Is to consider malting a recommendation to the City Council concerning the condemnation of .rid referred to N Rem 1.a. and 1.b. Commissioners, I believe A would be epprcpmeA to take Uses! one at a time, and I will first ask A there's anyone in the audience who would Ike to address Rem 1.b. This is oondemnatkm of 1.619-a s trod to accommodate a street rghlof-way N the Gideon Wall Survey. Mr, Pcwelf: That's 1 a, isnt R, sk? Mr. RishN: One (a). Commissioner EngeRxecht: Yes; that's t a. What'd 1 say? Mr. Powell: One (b). Mr. RiahM: You said 1 b. Commissioner Engelbrochl: I'm sorry. I'm sorry , It's 148. Yes; Would you 91" us your name and business address, pteose. Mr. Fcotlik: You bet. My name is Marc Fowlik. Buslness address 4 4000 Writ Windsor Drive, Flower Mound. We are, I guess what you would Commliskhner En9eiDrechk Excuse me Excuse me just a moment. Mr. Buak: I head 10 make a prollmin" comment about (Inaudible) of what we're gang to discuss here. As We look at this, the dYection under the City CMrtar to the Plonning and Zoning Commission h a determination as to whather or rid Nis rightof-way W this land is needed fOr the proper devekhpmant and buldad of Me city. It N not a time, however, to dIM" valuation of the property or anything to that and. I Just didnt want you to oceidentelly step into that area. That woe my reason for adding that Thank you. Mr, Footlik: Thank you. Anyway, again, Marc Footiik. I guess 1 would be wsHerod the applicant of this condemnation proceedings We submitted a paclisgw I'm sun you've all seen that, wad I'm reallyJust here so you know I'm have to answer any questions tut you may have regarding that Application. So.... Commissioner Ergelbrechl: Commissioners, anyone have any Questions of Mr. Foo l? All right, Thank you, S'w. Is there anyone else pre 1 who would like 10 address thin particular issue? That being the ass. Commissioners. any comments or a motion? 5 U U P*nng and Zoning Corm" on MOMS January 13. 1990 Pape 2 of 2 Ms. Apple. I'd Ike to mow IMt we recommend to Ua C y Countl Nut a public neaesly askb, and W,fing that the pubic *Oars and 006vanienoa "1064 au loft and aoQulrlag of Mrsel rightd-wsy In 1,819 acres of land h ~ me Gideon Walker Survey, Abstract 1330. Mc Moreno: I'll second. Commissioner Enge brecht R's moved and seconded to ram, mood that a naosesily a"%. Any discussion on { 6,a motion7 AN In hvor, plisse rake mek 4M hard. Opposed. Motion carries Ave to one. Mr. RWW 4st fine nay vote, Commissioner Engobrechl: Tina second elomoM of Ill 2 this evening, then, Is wim regal to wW was Isted to 1.b, on the agenda. Nits dkwes oondemnatto i d a 0.166-aere bad to aocommodNe a street rlght4-way and a 0.412-am lrad lo pc x models a Mmporery coMbupbn and graft easement In tM Frsnds Babes Is man anyone pr usnt is o weld Ike b make a eta rnMt welt raped lo dds kuw7 M you wdAd, 0"06 give us your name and Duektess atknea, aY. Mr Psltip0: My name Is "PelNpo with Cark r and gurgoos, 7960 Elm Brook Drive. rm hoe raprew" tie apps end and Just worried 10 M you know we wen hen to answer any 4u6ellons you may IoW an des matter. Commksiorw Engebnoltt Commissions, ryona have so go6oftne? row I so. Thank to thers anyone Was k present who would Ida to address mk pm %muler Ww..? Tut behp Wb . Commits um have arty comment or a motion? Ms. Apple: 11 mow met we toWnt end b tie CNy Camol mat a public Moyaty V and Bridling tied me ptblo wOKae and converge" too" tin. W icy and aoquk4 of sireeet qd l igay h 1.164 ions d land and dne Wang Abstractlemporety oonslrudion fill grfdng sass is h 0.412 Wien of lard, body tact in Ise Fronde Bellew &mvoy, 43. Mr. Moran: Seoond. Commiubner Engelbrecht: Its been moved and seconded to ratanmMd to ft City C,.nol ytol a public neoesslly exis%, Any discussion on du molbn7 AN in favor, plates rate your rglt hand. Motion caries unsaknously 16.0) Pa1011 Je9ktlNUTE9-EaeerpleJlw~. dot t i 6 r _ t i I I i 1 a ORDINANCE NO. AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF A STREET RIGHT-OF-WAY EASEMENT IN 0,165 ACRES AND A TEMPORARY CONSTRUCTION AND GRADING EASEMENT IN 0.412 ACRE OF LAND LOCATED IN THE FRANCIS BATSON SURVEY, ABSTRACT NO. 43, OWNED BY NORMA AND D. GENE GAMBLE; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET VALUE AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDEk TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING STREET IMPROVEMENTS FOR WESTWARD DRIVE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, it is hereby determined that a public necessity exists and that public welfare and convenience hereby require the acquisition of a street right-of-way easement in the hereinafter described land for the public purpose of constructing street improvements for Westward Drive and that the City of Denton should acquire said property necessary for said purpose; and WHEREAS, the hereinafter described property is owned by Norma and Gene Gamble; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That public necessity exists and public welfare and convenience require the acquisition of a eight (8) foot wide street right-of-way easement in the hereinafter described land as set in Exhibit "A" and a temporary construction and grading easement of twenty (20) feet in the hereinafter described land as set in Exhibit "B" for the public purpose mentioned below. SECTION 11. That the City Manager or his designee is hereby authorized and directed to make an offer for the property to the owner of said hereinafter described property, based on put compensation recommended by an independent appraisal prepared at the City Manager's direction, SECTION HL That in the event the offer as described in Section It is refused by the owner of said property, the City Attorney is hereby authorized and directed to file the necessary condemnation proceedings or suit and take whatever action that may be necessary against Norma and D. Gene Gamble to cquire a street right-of-way easement in 0.165 acre of l and a temporary construction and grading easemer.. in 0.412 acre of land located in the Francis 13atson Survey, Abstract No. 43 for the public Purpos: of acquiring such property for the construction of street improvements on Westward Drive the land more particularly described as follows: All that portion of land lying and being situated in the City of Denton, Denton County, 'texas, described in Exhibits "A-t" and "A-2" (street right of way) and Exhibits "A-3" and "A-4" 7 t~ u 3 (temporary construction and grading easement) attached hereto and made a part hereof for all purposes, to which reference is here made for a more particular descripdon. SECTION 1V. T hat if it should be subsequently determined that additional parties other than those named herein have an interest In said property, then in that event, the City Attorney is authorized and directed to join said parties as Defendants in said condemnation. SECTION V. That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of , 1499. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CI'T'Y SECRETARY BY: APPROVED AS TO LEGAL FORM: 1 HERBERT L. PROUTY, CITY ATTORNEY , BY. i I i r~ F. 4hm:d4eKLGL`Uia Doeummts0dinncn191'Wntwvd drfs i toeet mw ordinmt dm I Page 1 8 c I I EXHIBIT "A 4' ' LEGAL DESCRIPTION R10HTOF•WAY CONDEMNATION BEING A 0.165 ACRE TRACT OF LAND SITUATED IN THE F. BATSON SURVEY, ABSTRACT NO. 43, CITY OF DENTON, DENTON COUNTY, TEXAS AND BEING A PART OF THAT TRACT OF LAND DESCRIBED IN DEED TO GENE D. GAMBLE, d ux RECORDED IN VOLUME 674, PAGE 466, OF THE DEED RECORDS OF DENTON COUNTY, TEXAS. (D.R.D.C.T.) BEARING BASIS FOR THIS SURVEY IS THE NORTH LINE OF THE SAID MILAR CORP. TRACT. SAID 0.165 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 518" IRON ROD FOUND FOR A SOUTHWEST INNER ELL CORNER OF THE SAID MILARY CORP. TRACT AND BEING ON THE NORTH LINE OF THE SAID GENE D. GAMBLE TRACT., THENCE S 02' 0f I8" W, ALONG THE COMMON LINE OF THE GENE D. OAMBLE TRACT AND THE MILARY CORP. TRACT, A DISTANCE OF 8.00 FEET TO A 5/9" IRON ROD CAPPED "CARTER & BURGESS" SET; THENCE N 87'25'01 " W, OVER AND ACROSS THE SAID GENE D. GAMBLE TRACT, A DISTANCE OF 898.05 FEET TO A 5/8' IRON ROD CAPPED "CARTER & BURGESS" SET, ON THE WEST LINE OF THE SAID GENE D. GAMBLE TRACT AND BEING ON THE EAST LINE OF THE WESTGATE HEIGHTS PHASE I AND RECORDED IN CABINET E, PAGE 78 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS; THENCE N 02'25'03" E, ALONG THE COMMON LINE OF THE WESTGATE HEIGHTS AND THE GENE D. GAMBLE TRACT, A DISTANCE OF 8.00 FEET TO A 5/8" IRON ROD CAPPED "CARTER do BURGESS" SET FOR TFM SOUTHWEST CORNER OF THE SAID MILARY CORP. TRACT; THENCE S 97'25'01" E, ALONG THE SOUTH LINE OF THE SAID GLARY CORP. TRACT A DISTANCE OF 898.01 FEET TO THE POINT OF BEGINNING, WITH A COMPUTED AREA OF 7184 SQUARE FEET" 0.165 ACRES OF LAND MORE OR LESS. A PLAT OF EVEN SURVEY DATE HEREWITH ACCOMPANIES THIS LEGAL. i COMPILED FROM FIELD TIES AND RECORD DATA BY CARTER & BURGESS, INC., OCTOBER 19,199t, 6LC~" I Wor, D.L. LLIAMS Q~ 1 RED PROFESSIONAL LAND SURVEYOR , •i8? j } f TE S REGISTRATION NO, 4818 •►u•ua►u.~... •uJONWW.0. L WILLIAMS I:ISLIX98205110IMATAWSIEX003.FNS f"\ PAGE 1 OF 1 S I l g e C: N n is era q N 02'23'03' E z d f 02.0728• V ~s atxror vo 0' 100' 200' 300' n WE& { T, A CCC.1A KIOHgNW *V &"y DAIK AOMOAM f MKAI. MMr CM"9MRpo t w 1 KA40U AMO MTAKZ0 SIM WIT M(~ WU TO M OM KCOM000 M "PAR "R 0.0.0.C71 Q 2 A KAF*NX ANO ORTAMM OHM M 00ACMI MM TO W OOm KCMKO M AOU010 07A,1 w 0.0,0.61. ` P !!k 924 . W1 J Vos. r ► sou°~0N►Ar N anar•„"„ a K 40 s MR iFN.r EXHIBIT "A-2' sco w+ f • RIONT-OF-WAY CONOEMNAAON«'~MM MM frw tl r. 9A ROM f VA01r 3STMACT MO. AS •~c• 'Z OT z am m aM On a KM/0M 0% COW rY. ROAS 1Q c+ EXHIBIT "A -3" TEMPORARY CONSTRUCTION AND GRADING EASEMENT E BEING A 0.412 ACRE TRACT OF LAND SITUATED IN THE F. BASTON SURVEY, ABSTRACT NUMBER 43, CITY OF DENTON. DENTON COUNTY, TEXAS AND BEING A PART OF A TRACT OF LAND DEEDED TO D. GENE GAMBLE AND RECORDED IN VOLUME 674, PAGE 466 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS(D.RD.C,T.). BEARING OF BASIS FOR THIS SURVEY 1S THE NORTH LINE OF A TACT OF LAND DEEDED TO MILARY JI CORP. RECORDED IN VOLUME 2806, PAGE 310 DR.D.C.T., HAVING A RECORD BEARING OF S 87'40'33" E, AND A RECORD DISTANCE OF 1058.51 FEET. SAID 0.412 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 518' IRON ROD FOUND FOR A NORTHEAST CORNER OF SAID D. GENE GAMBLE TRACT AND BEING AN INTERIOR ELL CORNER OF THE SAID MILARY CORP. TRACT; THENCE S 02'05'38"W, WITH THE MOST NORTHERLY EAST LINE OF SAID D. GENE GAMBLE TRACT, SAME BEING THE MOST SOUTHERLY WEST LINE OF SAID MR ARY TRACT A DISTANCE OF 8.00 FEET TO THE POINT OF BEGINNING; THENCE S 02'05'38" W, CONTINUING WITH SAID COMMON LINE A DISTANCE OF 20.00 FEET TO A POINT; THENCE N 87'25'02" W, LEAVING SAID COMMON LINE, OVER AND ACROSS SAID D. GENE GAMBLE TRACT A DISTANCE OF 898.16 FEET TO A POINT IN THE WEST LINE OF SAID D. GENE GAMBLE TRACT, SAME BEING TIM EAST LINE OF WESTGATE HEIGHTS PHASE AN ADDITION TO THE CITY OF DENTON AND RECORDED IN CABINET E, PAGE 77 D.R.D.C.T,; THENCE N 02'25'03" E, WITH SAID COMMON LINE A DISTANCE OF 20.00 FEET; THENCE S 87'25'01"F, PARALLEL WITH AND 8.00 FOOT SOUTH OF THE NORTH LRIE OF SAID D. GENE GAMBLE TRACT A DISTANCE OF 898.05 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.412 ACRES OF LAND MORE OR LESS. A PLAT OF EVEN SURVEY DATE IS ATTACHED TO THIS METES AND BOUNDS DESCRIPTION. COMPILED FROM FIELD TIES AND RECORD DATA ON JANUARY 11, 1999 BY CARTER AND BURGESS HM D.L. WILLIAMS RE(;{ { FRED PROFESSIONAL LAND SURVEYOR '6'1"""' " 4'491 off TE`•'AS REGISTRATION NUMBER N0, 4818 J" NY 0 L~WI l I" 4818 rr' WE 1013 1 M7198103101 MATAIOl1EXON YM Novmbw 10,1991 1i +l G I WESTCATE HEIGHTS Halt + PHASE I ~ CAB, E, PG. 77 1"=130' °d 1 = s D.R.D,C,T. / r K= to i LINE BEARING DISTANCE 16 1/ 14 11 Is It 10 1 L1 S 01'05'38' W 8.Q0' l2 '05'38' W 20.00' ti L N a '25'03' E 20.00' LOOK-OUT LANE 0 11 16 14 11 Is It 1/ 1 P OPOSED DEVELOPMENT MILARY CORP. I D.G£NE G~AMBlE = VOL. 2806, PG. 310 VOL. 674, PG. 466 D.R.Q,C,T, u 11 is u u D.R.D.C.T. as r° OVERLOOK LANE 1 c 16 17 Is 11 10 1 / I'..~ .a... .N V 0' a i J. u.nIUIAMS ~e ~ Q~~ ~ ~ I/ 11 11 U 11 >0 11 s1 1/ st is . putt 4g` 0.412 ACRES Gj SOUTHWAY 21 s0 11 17 14 Is 14 13 12 „ LEGEN5 DISTANCE C,1 R S. •CAIlTCR ROD CAM/f D St T as >u s1 si >r >t b >a 71 si 1Pf IRON Ras r"D aR.D.C.T, KCD RECORDS KPAN COUNTY, log I C NORTHWAY P.0 POINT Or /COMNINO Not RF Nrs. rD SCALE P. B• S%8' 1 F,' / 1♦ ♦ 1/ H 11 10 Nott:j N I0N~0 tM DATE K ATTACHED MILARY CORP. t. ~ot r1101f cs Pr VOL. 2806, PG. 310 n~dRi~1 D.R.D.C.T. I.. A Inswo,161RI1nw1A~e11E.ee6/vc i ~ , oA~ «•H_N EXHIBIT I'A•4" f r`- s++cET • I~ TEMPORAP.Y ,.ONSTRUCTION AND ORWING EASEMENT out ~ ~ ~ " ►a:.~. auw 1,1 lal 6uT o► ne { F. NA/tON /uRMt1 11iACf N0. ~S 2 DP 2 etea In ~s~ a T CITY Or i2 loom~ AOntd~ No~_„ AGENDA INFORMATION SHEET 3 AGENDA DATE: llaxch 23, 1999 DEPARTMENT: Engineering & Transportation CbtlDCAI/ACM: Rick Svehla, Deputy City Manager SUBJECT: CONSIDER AN ORDINANCE AUTHORIZING THE CITY MANAJER TO EXECUTE AND AGREEMENT ON BEHALF OF THE CITY OF DENTON WITH R.H. OF TEXAS, LTD. PARTNERSHIP PROVIDING FOR THE PAYMENT OF THE COST OF CONDEMNATION TO CONS' RUCT STREET IMPROVEMENTS FOP. WESTWARD DRIVE. BACKGRQU"- Ryland Homes representative, Brad Shelton of Bob Shelton Enterprises, Inc, hai asked that the City of Denton exercise the power of eminent domain to obtaln the parcels necessary to construct a minimal street section for Westward Drive. The contract will Insure that the developer bears the Iola] coil associated with the proposed subdivision. PRIOR ACTION/REVIEW iCoyncjll. Boards. Commisila None HSCAI, INFORMATION All ccqulsilion costs to be borne by developer. ` 1f Auached Respectfully submillc& terry k, Dir clot ' Preparedby; Engt ring Rc ransportation Paul Williamson, Right-of-Way Agent I F(I~~ ~ C tea. 4 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY OF DENTON WITH R.H. OF TEXAS, LTD. PARTNERSHIP PROVIDING FOR THE PAYMENT OF THE COST OF CONDEMNATION TO CONSTRUCT STREET IMPROVEMENTS FOR WESTWARD DRIVE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION L That the City Manager is hereby authorized to execute an Agreement on behalf of the City of Denton with R.H. of Texas, Ltd. Partnership, substantially in the form of the attached Agreement which is incorporated herein for all purposes, providing for the payment of the costs of condemnation of certain property to construct :street Improvement for Westward Drive. SECTION 11. That the C.y Manager is authorized to make the expenditure of funds as provided in the attached Agreement. SECTION III That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of ,1991. I JACK MILLER, MAYOR ATTEST; JENNIFER WALTERS, CITY SECRETARY BY, APPROVED AS TO LEGAL FORM; HERBERT L. PROUTY, CITY ATTORNEY 2 ~ BY: I ra..,rr~aa a....arrrwMr y...arrnr ' t I THE STATE OF TEXAS § AGREEMENT BETWEEN THE CITY OF DENTON AND R.H. OF TEXAS, LTD. PARTNERSHIP, AND PROVIDING FOR THE PAYMENT OF COUNTY OF DENTON § THE COST OF CONDEMNATION WHEREAS, R.H. of Texas, Ltd. Partnership, with its offices at Thrce Metro Square, 12200 Ford Road, Suite 700, Dallas, Texas 75234, desires the City of Denton to promote safe vehicular traffic movement and economic development by allowing the development of R.H. of Teaxas, Ltd. Partnership in the building of it public improvements by constructing Western Drive to its required width along with a temporary construction and paving easement, and WHEREAS, pursuant to Section 212.002 Tex. Loc, Gov't Code, the City of Denton has adopted Sec, 34.45 of the Subdivision rules and regulations, Chapter 34 of the Denton City Code to require developers to construct extensions to city streets adjacent to the proposed development; and WHEREAS, Article 3, Section 52-a of the Texas Constitution and Section 380.001, Tex. Loc. Govt. Code provide the promotion of economic development is a public purpose; and Section 151.001 Tex. Loc. Govt. Code provides Public Safety is a public purpose; and WHEREAS, R.H. of Texas, Ltd. Partnership will provide for and pay the cost of all street right of way easements and temporary construction and grading easements necessary to construct Western Drive, the City will negotiate and purchase such easements and facilities; and WHEREAS, R H, of Texas, Ltd, Partnership has been unable to purchase at fair market value the street and temporary construction and grading casements necessary to provide for the off- site street required to be made; and WHEREAS, R.N, of Texas, Ltd. Partnership has requested, in accordance with the State law, that the City use its lower of eminent domain to obtain the off-site access easements so that the required driveway improvements may be completed; and WHEREAS, the condemnation of the land for off-site street Improvement would be in the public interest and for a public purpose; NOW, THEREFORE, W'ITNESSETHt This agreement made this day of. 19by and between R.H. of Texas, Ltd. Partnership ("Ryland'), and the City of Denton, Texas ("City'), in consideration of the mutual covenants and promises of each, agree as follows: I, AttorneK's Services. The City Attorney, with the approval of Ryland shall r-lain local counsel to provide the legal services to institute and pursue proceedings in eminent domai:, to , acquire off-site street and temporary construction and grading easements to allow for the completion of required street improvements by Ryland. The land to be acquired for the access easements are described in Exhibit "A•I"and Exhibit "A•2" (street right of way), sA1 Exhibit "A 3" Anti "A•4" (temporary construction and grading) attached hereto and incorporated by reference. The City 4 i • k Attorney shall assist local counsel in preparing all petitions, motions, notices, and other legal documents necessary to initiate and prosecute condemnation proceedings. 11, payment of Condemnation Costs by Ryland. All filing fees and courts costs, appraiser, expert witness and local counsel fees, condemnation awards, recording fees, or other cost or fees resulting from the condemnation shall be paid by Ryland, except as otherwise provided for herein. j III. Payment of Acqu ~INoo CoH by Ryland. Ryland agrees that it will pay the award for the condemnation made either by the Special Commissioners, or on appeal, by Judgment of the court , Should the condemnation case be non-suited or dismissed at Ryland's request, at any time prior to the entering of ajudgment in this matter,'tyland agrees to pay any costs assessed by the court against City including, but not limited to, attorney and expert witness fees of the condemmee. I IV. Anneal of Commit" tier's Award. If, by reason of the amount of the award made, Ryland is obligated to pay in satisfaction of the award any amount in excess of market value for the access easements, then Ryland may regte t, in writing within ten days of said award, that City appeal the award made. Upon such request and the City's determination that the award was excessive, the City may, in fulfillment of its sovereignty duties and obligations within its sole discretion, authorize an appeal of the award, It, afier Ryland requ sts such appeal, City appeals the award made, Ryland shall pay all costs of such appeal. Upon final judgment of such appeal, Ryland shall pay the judgment of the appellant court. If City should appeal such award in the absence of such request by Ryland, Ryland shall not be liable to City for the cost of such appeal or the amount of anyjudgment resulting from the appeal In excess of the trial court'sjudgment. V. Hold_Harmkf1. Ryland agrees that the acquisition of land provided for in this agreement is for the sole purpose of allowing Ryland and neighboring property owners to complete necessary off-site street improvements for the public purpose of promoting safe vehicular traffic movement; compliance with subdivision rules and regulations and economic development by building Westward Drive to City specifications, Ryland agrees to hold the City harmless from, and shall indemnify City for, any claim, loss or damage arising or resulting from any act of Ryland, its agents, employees, contractors, or representatives, in acquiring right-of-way and constructing said improvements. Ryland further agrees that it shall not make any claim against City, or hold City liable, for any loss or damage suffered or incurred by Ryland as it result of any interruption or delay in condemning or acquiring any property necessary for Ryland to complete any required street improvements resulting from any legal chal:enge to the right of City to condemn the land specified in this agreement, or any other delay which results from any cause not within the reasonable control of City. V1. Entire gmemenr. This instrument contains the entire agreement between the parties, and no statement, promise, or Inducements made by any party or agent of any party that is not contained in this written contract shall be valid or binding; and this agreement may not be enlarged, modified, or altered except in whiting signed by all the parties and endorsed hereon, r VIL Venue. Any action at law, suit in equity or judicial proceeding for the enforcement of this contract or any provision thereof shall be instituted only in the cotta of Denton County, Texas, r ,vr,o n.oa ~n aw a.wrne, Merrcu,hrri.M rbwr M.s lyrw.nr toe PAGE 2 S VIII. Amjgnmpl. It is agreed by the parties that there will be no assignment of this agreement without the written consent to all other parties. EXECUTED on the date first above v,ritten. i CITY OF DENTON, TEXAS MICHAEL W. JEZ, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY i BY: APPROVED AS TO LEGAL FORM: HERBERT L. PRCitP1Y, CITY ATTORNEY R.H. BY: OF TEXAS LTD., PARTNERSHIP l Tim Litirtals, ATTEST: I i f , ",NrM,EgII IOI,PU rerrnutenr,atn llh lMM diA,wR'. r yr„~n/ M, PAGE3 6 i I EXHIBIT "A - t" LEGAL DESCRIPTION RIGHT-OF-WAY CONDEMNATION BEING A 0.165 ACRE TRACT OF LAND SITUATED IN THE F. BATSON SURVEY, ABSTRACT NO. 43. CITY OF DENTON, DENTON COUNTY, TEXAS AND BEING A PART OF THAT TRACT OF LAND DESCRIBED M DEED TO GENE D. GAMBLE, et ux RECORDED IN VOLUME 674, PAGE 466, OF THE DEED RECORDS OF DENTON COUNTY, TEXAS. (D.R.D.C.T) BEARING BASIS FOR THIS SURVEY IS THE NORTH LINE OF TI'S SAID MILARY CORP. TRACT. SAID 0.165 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A S/8" IRON ROD FOUND FOR A SOUTHWEST INNER ELL CORN-:R OF IHE SAID MILARY CORP. TRACT AND BEING ON THE NORTH LINE OF THE SAID GENE D. GAMBLE TRACT: THENCE S 02'OS'38" W, ALONG THE COMMON LINE OF THIS GENE D. GAMBLE TRACT AND THE MILARY CORP. TRACT, A DISTANCE OF 8.00 FEET TO A S!8' IRON ROD CAPPED "CARTER & BURGESS" SET; THENCE N 87'25'01" W, OVER AND ACROSS THE SAID GENE D. GAMBLE TRACT, A DISTANCE OF 898.0$ FEET TO A 5/8" IRON ROD CAPPED "CARTER A BURGESS" SE f, ON THE WEST LINE OF THE SAID GENE D. GAMBLE TRACT AND BEING ON THE EAST LINE OF THE WESTGATE HEIGHTS PHASE I AND RECORDED M CABINET E. PAGE 78 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS; THENCE N 02425'03" E. ALONG THE COMMON LINE OF THE WESTGATE HEIGHTS AND THE GENE D. GAMBLE TRACT, A DISTANCE OF 8.00 FEET TO A 518" IRON ROD CAPPED "CARTER A BURGESS" SET FOR THE SOUTHWEST CORNER OF THE SAID MILARY CORP. TRACT; THENCE S 87' 25'01" E, ALONG THE SOUTH LINE OF THE SAID MILARY CORP. TRACT A DISTANCE OF 898.01 FPLT TO THE POINT OF BEOINNING, WITH A COMPUTED AREA OF 7184 SQUARE FEET, u..65 ACRES OF LAND MORE OR LESS. A PLAT OF EVEN SURVEY DATE HEREWITH ACCOMPANIES THIS LEGAL. COMPILED FROM FIELD TIES AND RECORD DATA BY CARTER & BURGESS, INC., OCTOBER 19,1998! D.L IAMS W 03: I RLD PROFESSIONAL LAND SURVEYOR TF..AS REGISTRATION NO. 4818 dMII1MY 0. L WLUAW H/ HoNq N1000I64 0 ♦,I JASLM9820310IVIDATAW38EX003.3NS 4010 ' FAOt I OF 2 , i 7 i I I i N o2•: r N ae•zs,o3' c Z S 02'07.20• 4 es os•OAVO• yr 0' 100' 200' 300' 10o No T<s w~ ( 1, A L[WL KJOW qIpM ItAhlr OAII ACMOANCS M{ rLA• ~"ro°nzAMOOaoaao w ui i±"r.^~ac~z pa Ott Q z tOi[ri" M Twwr iaA~ ~w ~o,ac SS m 1'' a c A rV~ IaV11AN to pOi s s a A>Ae RiCH1say -F-NAY CONDEUNAD a 'A MM 1ATM &W I&MAct 04 is P a P s 41 on of 0" TOK ba'~far C"Tr, Vile 8 EXHIBIT "A •3 TEMPORARY CONSTRUCTION AND GRADING EASEMENT BEING A 0.412 ACRE TRACT OF LAND SITUATED IN THE F. BASTON SURVEY, ABSTRACT NUMB ER 43, CITY OF DENTON. DENTON COUNTY, TEXAS AND BEINO A PART OF A TRACT OF LAND DEEDED TO D. GENE GAMBLE AND RECORDED IN VOLUME 674, PAGE 466 OF THE DEED RECORDF OF DENTON COUNTY, TE?CAS(D.R.D.C.T.). BEARING OF BASIS FOR THIS SURVEY IS THE NORTH LINE OF A TACT OF LAND DEEDED TO Mu ARY CORP. RECORDED IN VOLUME 2806, PAGE 310 D.R.D.C.T., HAVING A RECORD BEARING OF S 87'40'33" E, AND A RECORD DISTANCE OF 1058.51 FEET. SAID 0.412 ACRE TRACT BEING MORE PARTICULARLY D SCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 518' IRON ROD FOUND FOR A NORTHEAST CORNER OF SAID D. GENE GAMBLE TRACT AND BEING AN INTERIOR ELI. CORNER OF THE SAID MILARY CORP. TRACT; THENCE S 02"0538" W, WITH THE MOST NORTHERLY EAST LINE OF SAID D. GENE GA.MELE TRACT, SAME BEING THE MOST SOUTHERLY WEST LINE OF SAID MD.ARY TRACT A DISTANCE OF 8.00 FEET TO THE POINT OF BEGINNING; THENCE 3 02.05'38" W, CONTINUINO WITH SAID COMMON LINE A DISTANCE OF 20.00 FEET TO A POINT; THENCE N 87'23'02" W, LEAVING SAID COMMON LINE, OVER AND ACROSS SAID D. GENE GAMBLE TRACT A DISTANCE OF 898.16 FEET TO A POINT IN THE WEST LINE OF SAID D. GENE GAMBLE TRACT, SAME BEING THE EAST LINE OF'WESTGATE HEIGHTS PHASE I, AN ADDITION TO THE CITY OF DENTON AND RECORDED IN CABINET E, PAGE 77 D.R.D.C.T.; THENCE N 02025'03"I, WITH SAID COMMON LINE A DISTANCE OF 20.00 FEET; THENCE S 87@25'01"E, PARALLEL WITH AND 8.00 FOOT SOUTH OF THE NORTH LINE OF SAID D. GENE GAMBLE TRACT A DISTANCE OF 898.03 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.412 ACRES OF LAND MORE OR LESS. A PLAT OF EVEN SURVEY DATE IS ATTACHED TO THIS METES AND BOUNDS DESCRIPT710N. COMPILED FROM FIELD TLFS AND RECORD DATA ON JANUARY 11, BY CARTER AND BURGESS jg- REGI D.L. _ PROFESSIONAL I.AND SURVEYOR no 0. L ~•~•MALLWA6• JOHINA TEXAS REOISTRATIONNUMBFR NO. 4118 .u........•...,, 4816 FACE I OF I V5LD%M80JWDATAh019E7tMJM Novembr t/. 1991 9 i I - KOCK I VEST PHASEE'GHTS 7 CAB. E. PG. 24 KOOK 10 LINE BEARING DISTANCE u u u Is II II It 1 LI S 02'05'38' W 8,00' L2 S 02005'38' W 20.00' j L3 N 02'25'03' E 20,00' LOOK-OUT LANE I• 1/ t1 1S fs I1 10 / P bPOSED DEVELbPMENT MILARY CORP. I D.GENE GAMBLE z VOL. 2806, PG. 310 VOL. 674, PC. 466 D.R.D.C.T. Ot tT I/ 1f u is 34 D.R.D,C.T. y C OVERLOOK LANE e Q, p1 S c u a tl II to : 1 J•..~ it • •u7•u ~41• p 'i J6 IYp 5 1 pf 8 0 GlS • 11 t! tt 11 11 >o RI IN si 0.412 ACRES goUTHWAY 21 so is 11 ti to It U Is is it t f AEG R~ ~AgING~D(s~R DIfTnNC[ CA.R.S. •C to R1 `WO WWII SET tl L 1r s/ N v H b s0 st ss VOAMW tRr iRON ROD r"S D.R.D.C.T. Deco CORDS Or PENTON C TY, TEXAS NORTHWAY MS. MINT Or BEGINNING N.T,S, NOT TO SCALE P. 0. B• 3%8' IRS 11 t/ 11 11 It it IO 1 NOTf1 t. 4o a ~u>~~r"VA raw DATE Is AD 10, O MILARY CORP. VOL. P906, PG. 310 CR.D.C,T, 'N'!b 7JT4 A SM"I InKO`wle~etwu~ollcKewavo r~, MIL n.n.« EXHIBIT ~ t'A•4N sell 1CMZ { f SAND GRRA~DINGM£ASEM£NT ~~M°Or i'"f~rZ"•C' ' WAN 2* mix out o* >M~~ F. /AS1GN su Y TRACT N0. 47 Gl Z or 2 *too nl A"ft ply KUM MINTY. ML41 10 1AGENDA INFORMATION SHEET AGENDA DATE; March 23.1999 DEPARTMENT: City Manager's Office CM: Mike Im City Manager SUBJECT Consider nominations and appointments to the City's Boards and Commissions. BACKGROUND The following is a list of current Board/Commission vacancies/nominations: Bill Swain has resigned from the Keep Denton Beautiful Board, This is a nomination for Council Member Young, Steven Poston has resigned from thi Keep Denton Beautiful Board. This Is a nomination for Council Member Durrance, Fran Moore has resigned from the Human Services Committee, This is a nomination for Council Member Burroughs. If you require any further Information, please let me know. a ectfully submitted: ] fer Walt U Socret ~ f. k4 t ~j Fran Moore 925 Monterey Drive Denton, Texas 76201 Starch 11,1499 I Mr. Dan Leal I luman Services Coordinator Community Development Di%ision City of Denton, Texas 100 West Oak Street, Suite 108 Denton, TX 16201 Rls: Resignation from Iturn an Services Committet Dear Dan, please accept this letter as my resignation from the Oty of Denton I luman Services Committee effcrtive Friday, Much 12, 1999. Serving my community through the work of the I luman Seniccs Committee has been wt enriching experience. The City of Denton staff who support the cork of the 11SC have my highest respect and appreciation. I mould like to thank specifically you, Barbara Ross and Anita Ferguson rot your assistance, support, guidance, and untold (but hopefully not unsung) hard worst and expertise. My fellow committee members are an extraordinary group of people, and i am very grateful to have been given the opportunity to be associated with persons of such high integrity and goodwill. Thank you for the opportunity to serve my community, and to receive an education about social and human emcee that is available through no other experience Sincerely, Fran Moore Copies: Jack Miller, Mayor Y (!r \ f Mark Burroughs, City Councilman P Phone: 9401243-340 4 Fsx W1143-701 s uwl: 6tnOO400ad :0 . '4a»r+r p r AQYadI N0. AW4& I a AGENDA INFORMATION SIIEE'r AGENDA DA'Z'E: March 13, 1999 DEPARTMENT: City managcr's Office CSI: Michael W, Jez, 349 7926 Receive information and give staff direction concerning the hours or operation for the 1999 Fry Street Fair DACKGROUND The Fry Street Fair returned to the area of Fry Street in 1993. Working with the poli.e department, members of the Delta Dodge planned an event which attracted approximately 4000 people. The police experienced some problems with public intoxication and disorderly conduct, hoverer; the overall cs ent went smoothly. In the years that followed the event continued to grow and the police increased the resources necessary to safely control the evcnt. As the event grew, it was necessary to close not only Fry Street, but also W. Hickory Street, due to the large crowds. It. January 1995 the Council adopted Ordinance 95-016 which allows the City Manager to temporarily close streets for Block parties and other social events. Working with the police department, the Delta Lodge has requested strut closures under this ordinance. By 1997 the estimated crowd size had groHn to 13,000. The police department reported 9 arrests for offenses including Nblie Irtoxication, Criminal Trc%pass, Disorderly Conduct, and Possession of Marijuana Agents of the Texas Alcohol Beverage Comm, also issued 33 citations for various alcohol violations. the 1998 Fry Street Fair took on a difTcrent tone. Police officers working the Fair reported that the crowd displayed an unusually defiant attitude during the everst, The estimated crowd size for the 1998 Fair was 20,000, Police repined parking problems as far away as lsg!c M, the Downtown square, A%- E, and the area of Flow llospital. Ienton Police and University of North Texas police reported 47 custody arrests and 40 citations issued during the event. The Texas Alcohol Beverage Comm. agenb Issued 150 citations at the event Police also noted increased arrests for Controlled Substance violations which included marijuana, cocaine, amphetamines, mushrooms, I.SD), and z associated paraphernalia z ~Jr i D G u 1 During the 1997 Fry Street Fair police officers responded to 28 calls in the area surrounding the fair location. In 1998 police officers respor&I to 58 calls in the same reporting area. A major concern to the police contiaaes to be the increased activity surrounding the Fair location. Even after the closure of the Fry Street Fair police officers are required to remain in the area for several hours to control the large crowds. The Fry Street Fair requires as many as 40 Denton Police officers and 15 Univ. of None Texas Officers to control the event. This requires the depar tents involved to schedule two shifts ofofticers and impacts the availability of officers fot other assignment, The police are citing early closure in in effort to safely control the event with available resoL. OPTION 1. The Council can choose to allow the Fry Street Fair to clove at 90 PM. 2. The Council can choose to allow the City Manager to exercise his authority under Ordinance 95-0 16, RECOMMENDATION Allow the City Manager to exercise his authority under Ordinance 93.016 PRIOR ACTIONIREVIEN' City Manager has met with Delta Lodge representatives on February 24, 1999. During the meeting several issues were resolved and an 8:00 PM closing time was agreed upon. Other issues discussed were security, street closures, and clean up. FISCAL] N?AGT While the Delta Lodge pays the cost of security for the Fair area ;roper, the police department also is required to staff additional support personnel (Jailers, communications operators, and reserves) which the Delta Lodge does not pay for, Additionally, oa duty personnel are required to respond to calls for service created by the Fair In the surrounding neighborhoods. esrctfull submitted, 7e Prepared by'. / t if Paul W. Abbott Capt. .mil Operations Division 2 f FROM, CITY MANR R ,t ,t FAX NO. , 07194I,16 83•03•,9 44 143F• 4 3 t ORDINANCE NO.. AN ORDINANCE OF -HE CITY OF DENTON, TEIIAS DELEGATINO AUTHORITY TO . THE CITY MANAGER TO TEMPORARILY CLOSE STREETS FOR BLOCK PARTIES AND OTHER SOCIAL FUNCTIONS IN THE PUBLIC INTEREST PROVIDED NO POLICE OR FIRE HAZARD 19 CREATED BY SUCH CLOS~7' AND DECLAAINO AN EFFECTIVE DATE, WHEREAS, the city controls the streets as trustee for the public and has the euty to maintain the streets and keep them open and free of obstruc:ions and WHEREAS, the City Council directed staff to streamline the temporary street closure procedure which required Council approval; and WHEREAS, r,he procedure has been streamlined to provide for the City Manager to approve requests for temporary street closures for block parties and other social functions in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSI 6ECTION_I, The City Manager is hereby authorized to tempo- rarily close s street or part thereof for a social function, neighborhood block party, or social event in the public interest, provided that, in the City Manager's opinion, the closing will not cause a fire, police, traffic, or safety hazard or-any undue inconvenience i.o the public. SECTIQThat the purpose of this ordinance is to authorise the :ity Manager to temporarily close a street or part thereof when it request is made by an owner or lessee of real property abutting the part of the street to be closed in order to have or hold s social function, block party, or social event in 1 that part of skid street, SECTION Il;L,, That the social function, block party, or social event, i.nd the temporary closing of said street or part thereof, and the person or persons requesting the temporary closure shall be subject to euru conditions, rules, and regulations es the City manager may de-,m necessary to preserve public safety, health, and welfare and to insure that all costs of temporary closure includ- ing, but not limited to the renting of barricades, hiring of off duty police officere and coat of cleaning if any, are paid. SfiCJION__.YL That the person or persons requesting the t!' temporary closing of said street or part thereof shall obtain consent to sai,E closure from each owner or lessee of real property abutting the part of the street to be closed, 3 1 0 u A IJp~ -S 11V SANABLA ►AN NO,t !U7{lfSlf 17-17-!! I/IIi/ /•fS SACTIThat when the social function, block pasty, or social event would require exception to the noise ordinance or other exceptions, such approval by the City Council must be obtained prior to the City Manager approving the closure of a street. SECTION j,• That this ordinance shall become effective immellately upon its passage and approval, PASSED AN) APPAOVED this the /1&day of , 1995. i A 70 DUB CASTLE RR , 0 I ATTESTt JBNNIFER WAL-MAS, CITY SECRETARY aYt APPROVED AS TO LEGAL F'ORNt MICHAEL A. BVCUX, ACTING CITY ATTORNEY aY7 P , . 4 i• FKOMI CITY MANAGER FAX N0.1 1413411596 e3-13-$0 U 11610 01040 REQUEST FOR STREET CLOSURE VV PeraenofPsison$Rlvutillo 11feotCloml: OfesnlAld"' Addfels: PhaM MXnW: Nomal waa NurtlMr AR41nsts Contact Person: Steel To M C1014d: Dote and Time To so clorad! Interseciine Strnts:_~ RoasdnFa Closwe r R14u$sl muss ee eceemeen 1d ey eioolwr11 of eA 4Neehd lroesrtY ewneH. Ieo AMdehm4mt Pleefe 1,11 rM type eetwltia to be cenduelsd durlrp the event, THIS e1CTION FOR 1 TAM U1111 ONLY DEPARTMENTAL REVIEW COMMENTS APPROVING SIONATURI/TaLE sownmmd CITY MANAGER'S VFICE I FIRE DEPARTMENT POLICE DEPARTMENT TRANSPORTATIONANGINEERINO NASA r ` 0011 THIS A1001121 AlQUIIIII: V11 No Gty Council Approvdi E94e0106 to the NOW 04naneal Perede Permit? i Other Co ndklomlRequlrlmenlsl 1 WIN AI r: Request Approved By NerneRlW aNrr4MK M rMNll ~ 11Yw N, rT'N f~~N111 Nt4uM N f~MeM.q W lafd0rlN W eheNl pyNnNl. I C~ U JAI .yO. r 14 0 1 4 1 6111. 01-/1•» 44184" ►./0 V V of Awnl4n fwq a In eM1l l "to ties IUNt 016WN, Remo 0 Prs"ovv Ou"el Ad*sof Av4wtw Pavel turd H P, Do" UIn~Nr, Owes k 1. f. 1. f, 1. 10, 7l. r 11,E _ i r . k 1 I 6 Aps*N 99.Q 1112 a AGENDA INFORMATION SHEET AGENDA DACE: March 234,1999 DEPARTMF,N'r: Planning & Development CM/DCM/ACM: Rick Svehla, Howard Martin SUBJECT Receive a report, hold a discussion, and give staff direction regarding an Impact Fee Feasibility Study, The study addresses Transportation Impact Fees, Drainage Impact Fees, and Impact Fee Policy Options, and has been prepared by Duncan Associates orAustin, Texas. BACKGROUND In response to growth pressures, City Council Instructed staff to undertake a series of tasks intended to allow simultaneous and coordinated development of the comprehensive plan and implementation of impact fees. The dratl comprehensive plan Is nearing completion (expected by Slay 1999), and impact ~ fees for water and wastewater treatment and storage facilitles were approved by Council in September 1998, I The same contract that authorized consultant work on the Population Forecasts, Growth Slanagcmcnt Strategy, and Water/Wastewater Facilittas impact fees requires the production of a feasibility study for Transportation, Drainage, and relat,Nl policy options, The same consultant firm that developed the impact fees for Denton in 1998, Duncan Associates, has prepared the attached Impact Fee Feasibility Study (Exhibit A). Mt. James Duncan, the firm's principal, will attend the March 23'd Work Session to present the study's findings, and to answer Council's questions. OPTIONS Several options remain open for the Council. The most important aspect of the work session discussion wi 11 be the pursuit of any of the impact fee mechanisms listed in the study. Should Council want to engage in the preparation of additional impact fees, staff will develop a proposal, budget, and schedule for further Council review, RECOMMENDATION The consultant study contains several recommendations and observations that will be summarized and discussed at the work session on March 23 d, Staff agrees that transportatit.t impact fees should not be pursued, that drainage impact fees appear to be feasible only for the southern ETJ (I lickory Creek watershed) area, fiat a citywide drainage utility fee would address a wider range of capital needs for maintenance and replacement, and that care must be taken to A determine the best policy choice when deciding how best to implement the comprehensive plan. % J.- City staff continues to research the potential effects of the water and wastewater policy options, .14 We agree with the study but we wnuld like to have further discussions before final directions are chosen s t i i C• u i i i ' I 4 ESTIMATED SCHEDULE OF PROJECT Staff is prepared to respond to Council's instructions following the work session discussion. PRIOR ACTION/REVIF, The Information provided In Exhibit A his not been discussed previously by Council FISCAL INFORM ATION Fiscal information regarding the cost of different options is provided within the report. Additional Information will be provided as requested EXHIBITS Exhibit A: Impact Fee Feasibility Study, prepared by Duncan Associates RespecMIly Submitt Id M. Hill Director of Planning and Development I M / .I: )..r c• i c. i EXHIBIT A IMPACT FEE FEAS1131LITY STUDY ~e~dxrbd( DENTON, TEXAS I dunoun'ossoclotes I h WOL146 4 MA f Appm GIOQWH14C TOCHNOL"" ALAN PLuMN9R Assocuns i Mach 19" t 1r"\ 3. t~ z. 1 I i Contents Introduction,... 2 Transportation Impact Fees: Not Recommended . . . 2 Drainage Impact Fees: Consider for Southem ET) and Citywide Utility Fee 4 Recommended Policy Options . 4 Transportation Impact Fees 6 PART I: EXISTING CONTEXT 6 PARE IF RECOMMENDED METHODOLOGYAND DATA SUFFICIENCY . 6 C;.kulatingUnit Cost 7 Establishing Service Units . . . . . 7 Determining Service Areas 8 Pre paring Capital Improvements Plan 8 Calculating Travel Demand . I I Calculating Credits and Net Cost , . , 12 PART III; ADMINISTRATIVE CONSIDERATIONS . . . 12 PART IV: POTENTIAL REVENUE . . . . . . 13 PART V: FINDINGS AND C014CLUSICN . . 14 Drainage Impact Fees 16 PART 1: EXISTING CONTEXT 16 PART II: RECOMMENDED METHODOLOGY AND DATA SUFFICIENCY 17 Calculating Unit Cost . . 18 Determining Service Areas 18 P sparing Capital Improvements Plan 20 CakUating Stormwater Demand , 22 Calculating Credits and f let Cost 23 Calculating Drainage Utility Fees . . . 23 PART III: ADMINISTRATIVE CONSIDERATIONS 24 PART IV: FOTENTIAL REVENUE . . . 25 PART V; FINDINGS AND CONCLUSIONS 25 Impact Fee Porky Optlom . 27 PART I; GROWTH MANAGEMENT POLICIES , . , , 27 I Differential Fees by Serke Area 27 Density-Adjusted Fee for WaterMastewater Lkxs . 30 PART II: HOUSING AFFORDABILITY . . . 33 Variable Fees by Dwelling Size . . 33 Number of Water Fbnures . . 33 Residential Lot Size . . . . . . . . 34 Number of Garages . . . . . 34 PART III: REGIONAL COMPETITNENFSS 35 PART IV; SUMMARY AND RECOMMFNDATIONS 36 Impact Fea Fe afbIlIty StudyjDenW, Texas } dufloaln asSOOlat@s March 18, 191,19 . t, I Introduction This report reviews the feasibility of the City of Denton implementing Impact fees for roadway and drainage facilities. The report also identifies various policy options for the design of "variable rate" fees. In Texas, impact fees are roverned by Chapter 395 of the Local Government Code (the Impact. Pee Act). Undor that statute, impact fees are regulated for water, wastewater, drainage and roadways. The City of Denton recently adopted impact fees for water and wastewater treatment facilities. This studyaddresses tho fea:alullky of impact fees for roads and drainage facilities. In order to develop legal impact fees, the City would have to perform specified technical studies (see Figure 1) and enact fP^a through a series of public involvement activities. This study examines the feasibility of Impact fees from several perspectives: • Adequacy of data for technical fee development • Appropriateness of fees for different geographic aroas • Consisten:y with City's overall planning regime • Administrative ease and costs • Revenues and cost effectiveness • Equity Based on the findings and analysis presented in this study, we recommend against the development of a transportation impact fee. We also recommend that the City consider a drainage utility fee rather than a drainage impact fee. The major cone usions of the feasibility analysis are summarized below. Transportation Impact Fees: Not Recommended There does not appear to be any compelling reason for the City of Denton to proceed with the development of a tronspc nation impact fee program. Most of the major road improvements that are needed are ineligible state roads, are already funded with approved bond issues or would likely be funded by developers through the e)dsting exaction process. The City would need to be divided into at least nine transportation impact fee service areas, which would have widely varying fees. The City would also need an expensive transportation model to support and update an Impact fee system. A transportation impact fee system would be costly to develop, would not or ply equitably throughout the city, and would not be able to fund a large number of Improvements. Consecuently, the Clty would probably be better served by retaining its existing system of developer exactions for road Improvements. Impact Fee Feastblllty ftudyfDenron. Texas j ( dunoan associates March 18, 1999 I 5. 'I i Figure I i Capital Improvements Men Requirements Under the Texas Impact Fee Act I ' § 395.014. Copilot improvements Plan (a) The political subdlvlslon shall use qualified prolessionals to prepare the capital Improvements plan and to calculate the Impact fee. The capital Improvements plan shell con taln specific enumeration of the following items., (1) a description of the existing capital Improvements within the sere/re area and the costs to upgrade, update, Improve, expand, or replace such Improvements to meet existing needs and usage and stricter solety, a iciency, environmental, or regulatory standards, which shall be prepared by a qualified professionat engineer licensed to perform such professional engineering services In the State of Texas; (2) an analysts of the total capacity, the level of current usage, and commitments for usage of capacity of the existing capital Improvements, which shall be prepared by a qualified professional engineer licensed to perform such professional engineering services In the State of Texas; (3) a description of all or the portions of the capital Improvements or fgcptty expansions and their costs necessitated by and attributable to new devekpment In the service area based on the approved land use assumptions, which shall be prepared by a qualified professional enginearlicensed to perform such engineering services In the State of Texas; (4) a definitive table establishing the specift level or quantify of use, consumption, generation, or discharge of e strvtca unit for each category of oapltal Improvements or facility expansions and an equivalency or conversion table establishing the roflo of a service unit to various types offend uses, Including but not limited to residential, commerctat and Industrial; (6) the total number of projected service units necessitated by and attributable to now development within the service area based on the approved land use assumptions and calculated In accordance with generally accepted engineering or planning criteria, (6) the projected demand for capda! Improvemant3 or facility expansions required by new service units projected over a reasonable psriod of time, not to exceed 10 years. i r ` r~ Impact Fee Fusibility StudylDenton, rexds duncon ossoclotes March 18, 1999 ( ! i • 1 i t~ t ! Drainsge Impact Fees: Consider for Southern ETJ and Cky-VAde Utility Fee l A drainage impact fee applied to the developing area of the Wckory Creek watershed south of the city could generate additional funds to acquire land or easements In areas of the floodplain that the City cannot require developers to dedicate. The City would first need to prepare a detailed drainage master plan of the area that complies with the impact fee act requirements The City Is about to spend $1.2 million on drainage studies that may be able to provide the needed data. The drainage master plan would need to be based on the growth projections being developed as part of the current comprehensive planning process. A drainage impact fee for the City's southern ETI could be combined with a city-wide drainage utility fee that could help fund remedies to existing drainage problems as well as on-going maintenance costs. A drainage utility fee is a monthly charge to all existing development, typically included on the utility bill, that reflects the cost to build and maintain drainage facilities to accommodate the runoff from each property. The studies required to develop a drainage utility fee would be much simpler and less expensive than those required to support a drainage Impact fee. Recommended Policy Options There are two principal types of policy objectives that can be addressed with "variable rate" fee structures: growth management and housing affordability. Impact fae systems designed to further gro%lh management objectives tend to differentiate fees by geographic subareas In an atten.pt to « ncourog•a r.-°v d-+volopment where it is most cost-effective to nerve. impact fee systems desined to further housing affordability objectives often focus on relating the fee to the size of the dwelling unit. With tesprct to the line component of water and wastewater Impact Peas, the City needs to decide whether it is more important to keep fees as low as possible so as not ' to become lose competitive for regional growth (i.e., not proceed with developing line impact fees), or to recover growth-related costs in order to fund line extensions needed to preserve its service area. The fees recently adopted only cover the cost of centralized treatment facilities, but due to the cost of the new water treatment plant the combined fees are already among the highest In the stale. If the City decides on the latter approach, the next decision is whether to assess line fees uniform'y throughout the City's service area, as allowed by state law, or to divide it into multiple Impact fee service areas. While drawing such boundary lines always poses soma practical and political difficulties, wn suggest that Identifying a "served area" within which no line fees would be charged and a "growth area" that would be Impact Fee Fessibllity StudylDenb% Texas dunoan associates March 18, 1999 7. c. I i I subject to line fees would be more consistent with the City's commitment to encouraging Infill and redevelopment than a system, wide line impact fee. t Development of the line component of the water and wastewater impact fees should occur after the completion of the comprehensive planning effort that is currently underway, The growth forecasts by small geogrophfc area associated with the preferred growth scenario will be Important inputs into the water and wastewater master plans, which in turn will provide the basis for the calculation of the line fees. The density adjustment approach Is most appropriate In areas where the typical development pattern is very low-density development occurring on the fringe or In outlying areas, and where the growth management pcl.'^y is to encourage higher density and Will development. This description does not app> m to be very representative of Denton, where development pressure is coming from the Dallas area and tench to be In the form of relatively small lot developmen`. Consequently, the density adjustment does not appear to be very applicable to Denton. While transportation Impact fees are not recommended, in the event that the City does pursue them, It Is recommended that they be designed to promote Income progresslvity and housing affordability by Including variable fees for %ingle-family units depending on the size of the dwelling unit. This can be done vdth additional studies that establish the correlation between unit size and trip generation. I i i j ! I Impxt FN Feasibility StL*10 bt, tau du noon assoclote9 March IF 1999 8. t~ 4 Transportation Impact Fees This section provides an analysis of the feasibility of using transportation impact fees to finance gromh•related roadway Improvements In the City of Denton. PART 1: EXISTING CONTEXT Historically, major improvements to Donlon 's transportation system have come from three primary sources (1) state highway funds, i2) local general obligation (GO) bonds and (3) developer exactions. private developers have had a Y.ey role, since, by ordinance, they are responsible for ensuring that the street system has adequate capacity to accommodate the traffic generated by the development. Denton's subdivision ordinance provides that: All developments shall provide for those streets, Including new streets, the Improvement of existing streets and the associated improvements and rights-of-way which are necessary to provide adequate capacity to carry the traffic to be generated by the property at full development. 'Adequate capacity" shall moan a level of service C, as defined by the latest edition of the Highway Capacity Manual.,. (Sec, 34.114(4)x) In general, this means that developers are required to dedicate right-cf•way (ROV4 and construct any Internal local or collector streets within the subdivision. In the case of planned arterials that run through a subdivision, the City will generally require only the dedication and construction of a collector cross-section, with reimbursement or City cost participation in any oversizing required for the arterial. Similarly, in the case of a new arterial along the perimeter of the development, the developer is required to construct 25 feet of pavement and curb and gutter adjacent to the subdivision. Finally, the developer may be required to make improvements to off-site streets necessary for safe vehicular movement, Including patching, reconstruction or asphalt overlays, provided that the developer's obligation for such Improvements dues not extend beyond the nearest intersecting arterial or collector. PART II: RECOMMENDED METHODOLOGY AND DATA SUFFICIENCY Texas co-nunities that wish to develop transportation impact fees must follow the guidelines et tablished in controlling case taw and in the state's impact fee enabling act (Chapter a95). Given these considerations, the task of developing valid transportation impact fees can be separated into three fundarwAnlal stepsc 1. The local cost of adding a unit of roadway capacity must be calculated; Impact Fee Feaaibitity SradylOrnron, Yexar duncen associates March 18, 1999 I 9. a i II I I I 2. The travel demand associated with individual land uses must be identified and used as the basis for Impact fee assessments, and 3. Final impact fee calculations must be structured to provide credit for other (non-impact fee) contributions to capital facility finance. { Current transportation planning documents for the City of Denton consist of the just- adopted Thoroughfare Plan Map component of the Denton Mobility Plan, the transportation element of the 1998.2003 Capital Improvement Progrnm and the Draft 1999 Transportation Improvement Program prepared by the North Central Texas Council of Governments (NCI'COG). Calculating Unit Cost In Texas, the local cost of adding a unit of roadway capacity must be calculated on the basis of an adopted capital improvements plan (CIP). The CIP must cover a ten- year planning horizon and no more than a three-mile plar ning radius. Costs must ultimately be calculated on a per-service-unit basis. According to Section 395.014 of the state impact fee act, a C(P used as the basis for Impact fees must include an inventory and analysis of existing facilities, as well as a description of the growth-related costs of upgrading and expanding such facilities. The ten-year lime-frame imposed by the Texas act means that a CIP can Include only those Improvements necessary to accommodate teen years of growth. Several "costs" can be included in the CIP, Including land and construction ch.rgea, engineering and survey fees and debt service. The value of any "excess" roadway capacity that is present fn the existing system can also be included in the CIP. An impact fee CIP may not, however, include the cost of state or federal transportation facilities, nor may It include the cost of operations, repair or maintenance of existing or new facilities. Establishing Service Units Under the Texas Impact fee act, roadway copa0v and transportation demand must I i be expressed In equivalent terms. The act refers to such measurements as "service units." The typical service unit measure used in transportation Impact fee studies is vehicle-miles of travel (VMT). For impact fee purposes, the capacity of a roadway segment can be calculated by multiplying the hourly vehicle capacity of an individual lane by the number of lanes in the segment. That figure can then be multiplied by the length of the segment (in nWes) to yield total segment capacity. Trcnsportation demand can be also be expressed in terms of VMT, in doing so, two factors must be considered, (1) number of vehicle trips Impact Fee Feasibility Stu*jDenron. Trxas CFuncan Oswlotes March 18, 1949 10. L' i { generated by a development and (2) average length of a vehicle trip. The afternoon (PM) peak hour is typically selected as the time-frame for service unit measurements, although average daily travel can be used for Impact calculations, Hypothetical Roadway Capacity Hypothetical Roadway Demand I.5-milesegment of 44arte ro (1,000-u nit sin le-famt subdivision 500 vehicles per hour per lane (max volume at LOS Q 1,000 units x LO I PM peak hour trips ends/day x 4 lanes x 1.5 mile + 2 trip endsMp x 3-mile trip length =500x4x1.5 = 1,000 x 1,01 +2 x 3 3,000 VMT per hour = 1,515 VMT per peak hour Determining Service Areas Like most impact fee enabling acts, Texas requires that planned improvement costs be calculated on the basis of geographic "service areas." Unlike most acts, however, Texas severely limits the maximum size of transportation service areas. According to Section 395,001 of the impact fee act, transportation service areas "ehall not exceed a distance equal to th9 average trip length from the new development, but in no event more than three miles,..." This requirement has been interpreted to mean that the service areas should not exceed three miles in any dimension. The existing corporate jurisdiction of the City of Denton, excluding some narrow strips, is generally confined to a nine-mile by nine- mile square. Consequently, the city would need to be divided Into at least nine and possibly ten or more transportation service areas In order to satisfy this requirement of the impact fee act. Preparing Capital Improvements Plan Like most communities, Denton does not have a capital Improvements plan that completely satisfies the requirements of the Texas impact fee act. According to the Act, most of the technical analysis involved in preparing the C(P is to be performed by registered engineers, Developing the transportation C1Pwould involve the following tasks. 1. Inventory and description of existing roadways. The inventory should consist of a detailed list of all major impact fee-eligible roadways in the City (non- federal/state arterials and collectors). The list should be categorized Into roadway segments and include Information on each segment's cross-section configuration, length, current traffic capacity and traffic volume. llr~ ~ Impact Fee Feasibility Study/C- ,ton, Fexdt ( dune=en ossoeiates March 18, 1999 11. Old t~ 1 Most of this Information already exists in spreadsheet format in the City's road i maintenance Inventory. That inventory Includes a)1 of the required information except number of through lanes and roadway capacity. The inventory does include pavement width, which does provide a good indicator of the number of lanes. The first step would be to cull out all roadways from the maintenance inventory that are not arterials or collectors. The second step would be to determine the number of through lanes for each major road cegment. Once the number of lanes are provided by City staff, the pavement width could be divided by the number of lanes to estimate lane width. The capacity of each segment at LOS C could then be estimated using a standard capacity figure (e.g., 500 vehicles per lane) and tho adjustment factors for lane width provided by the Highway Capacity Manual. Finally, current traffic volumes for each segment could be compared to the I maximum service volumes at LOS C to identify any e,dsting capacity deficlencies. Updated traffic counts should be available for this purpose. In the event that traffic counts are for a 24-hour period, rather than for the peak hour, peak hour counts can be estimated using a localized peaking factor (e.g., 10 percent of average daily trips occur in the PM peak hour). 2. Cost of espacky-expanding Improvements. A description and analysis of major roadway improvements needed to accommodate future growth provides the heart of an impact fee CIP. Under the Texas act, this analysis Is to be prepared on the basis of "land use assumptions," which include a "description of the service area and projections of changes in land uses, densities, Intensities and population in the service area over a least a ten-year period," After preparing a description of the roadway network necessary to accommodate projected growth, costs must assigned to needed improvements. The City Is well on its way to deve,oprng the type of land use assumptions, needed for an impact fee CIP as Fart of the current c imprehensive planning process. On the basis of those growth forecasts, the City or a transportation engineering consultant would ne,A to develop a capital Improvement plan of the capacity-expanding improve nents required to accommodate projected growth in traffic volumes while a.aintalning LOS C. The City does not have a computerized transportation model of the major road system. While such a model is not absolutely required for the development of i i t t' I ti' ~ c Impact Fee Feuibllity StudylDentot. Texas " duncesn assock0as March I8, 1999 12. i I transportation impact fees, it would provide a much more sobd basis for the development of the impact fee CIP, City staff estimates that development of such a model would cost in the neighborhood of $200,000 to $300,000. Such a model could be used in conjunction with the land use assumptions being developed for the water and wastewater impact fee study to project future traffic volumes over the ten-year period rdquired by the state impact fee act. A review of the Denton Mobility Plan map adopted by Council : esolution in December 1998 reveals that only a limited number of roadway improvements could be funded with transportation Impact fees. Much of the major thoroughfare system is either a state road and therefore Ineligible for Impact fee funding, already built to ultimate cross-section, or already funded with approved CIP bonds. City staff estimates that this leaves only about 15,000 feet of major arterials and 80,000 feet of secondary arterials that are polentiall f eligible for impact fee funding. Assuming that half of these Improvements will to made by c evelopers through the exaction process, and that the remaining half cross-section costs $200 per foot for major arterials and $125 per foot for secondary arterials, it is estimated that transportation Impact fee revenues would be able to fund only about $13 million of road Improvements. 3. Cost per YMT. The cost of transportation improvements needed to accommodate new development within impact fee service areas must ultimately be expressed in terms of total cost per VMT. Breaking overall improvement costs down to that level requires an analysis of VMT supply and VMT demand over the CIP's ten- year planning horizon. "VMT supply" represents total VMT capacity included within the ten-year CIP, after jubtracling existing capacity and deficiencies (I.e., roadway segments where travel demand now exceeds capacity). "VMT demand" represents the amount of new travel expected to result from ten years' growth. Texas law requires that impact fees be based solely on M-documented costs that are "necessitated by and attributable to" new development. [Section 395.0141. In order to satisfy this, equirement, VMT demand must be compared to VMT supply. The ratio of new supply to new demand represents the proportion of new VMT cost that is attributable to new development. Suppose for example, that Improvements shown in an impact fee CIP will provide 19,000 new VMT, but the new development will "demand" only 8,000 new VMT over the ten-year horizon covered in the CIP. In this situation, only 80 percent of the total cost may be used in calculating the unit cost per VMT, since only 80 percent of the cost Is "necessitated by and attributable to" now development, After i Impact Fee Fe WWI ty V udyl Demon, Tex" duncan ossoclatos March 18, 1999 13, a conducting an analysis of VMT supply and demand, a cost per VMT can be calculated by dividing total development-att ibutable costs by total VMT. The analysis described above must be conducted for each service area. As noted earlier, the city will need to be divided into a minimum of nine service areas. Also, as noted above, there are only a limited number of Improvements that could be funded with transportation impact fee revenues. Consequently, there are likely to be service areas where no eligible improvements would be needed to serve growth over a ten-year period, and thus no Impact fee could be charged. Calculating Travel Demand Calculating growth-attributable cost per VMT yields the cost of one unit of VMT. In order to derive (gross) total cost attributable to a new development, it is necessary to multiply that unit cost of supply by the number of demand units associated with the land use type. Calculating travel demand associated with different land use types constitutes the second piece of information required to develop valid impact fees. Travel demand is a function of applicable trip generation rates and trip length estimates. Muitlplying trip generation rates by trip lengths yields an estimate of total VMT associated with individual land uses. This VMT demand estimate Is multiplied by cost per VMT supply unit to yield a gross (pre-credit) Impact fee that complies with the requirements of the Texas impact fee act. Trip generation rates by land use type can be gleaned from national data (e.g., Institute of Transportation Engineers' Trip Generation manual) or from local studies. f Even if standardized trip generation rates are used, it maybe possible to "localize" 1 rates with local "pass-by" observations. ' Trip lengths used In the Impact fee equation should come from local sources, since there is no widely recognized national data source for average trip lengths that would be appropriate for a community the size of Denton. It may be possible to obtain some average trip length data from the transportation model being developed for the City by NCTCOG. Another approach would be to sum the VMT on the major road system (excluding state and federal highways) and divide by total trips generated by existing land uses to determine a reasonable estimate of average trip length. As state law requires, however, in no case may the average trip length exceed three miles. i Impact Fee Feasibility Studrl[knrM rexas - duncan ossoclotes March 18, 1999 } 11. ♦ k ci 0.1 Calculating Credits and Net Cost The Texas Impact fee Wt requires that impact fee calculations include credits for fee. paying developments' other (non-impact fee) contributions to providing off-site Infrastructure. Although the act does not specifically require that other financial contributions (e.g., property tax payments) be considered, Impact fee case law and general equity considerations suggest that new development should not be charged twice for its impacts-once through impact fees and or,-~e through property taxes and other financial contributions. As a result of these considerations, it Is recommended that any impact fees prepared for the City include appropric: a revenue "credits." Property tax revenue generated by new development in Dentor, goes, In part, to retire general obligation (GO) bonds that are used to enhance the community's overall transportation capacity, Under the recommended transportation impact fee methodology, new development would receive credit for past and future property tax payments used to retire GO bonds that financed capacity-expanding roadway improvements. The City maintclns an excellent data base of financial Information which could be used to calculat s Impact fee credt+s. Although some additional breakdown of the percent of GO bond revenue t'aat was used to fund "capacity. expanding" roadway Improvements would be desirable, it Is not mandatory. PART 111: ADMINISTRATIVE CONSIDERATIONS Several administrative costs are associated with implementation of an impact fee program. First, there la the cost of dmloping the required Wand impact fee study. The City has an adopted Thoroughfare Flan Map and is in the process of preparing detailed ten-year land use assumptions and a written transportation element as part of the Denton Development Plan. However, additional transportation engineering analysis would be required to identify existing capacity deficiencies and future Improvement needs over the next ten years. For example, the City would probably need to develop a transportation model that would be able to translate growth projections in future traffic volumes. The impact fee system will also need to be updated every three years as required by state low. Both the Initial cost of the travel demand model and the cost of Impact fee studies can be recouped through impact fees if they are prepared by outside consultants (I.e., non-city employees). Setting up the administrative and accounting procedures to be used in implementing the program will also entail some up-front costs, and there will be on-going personnel costs associated with fee collection and accounting. Denton currently has a water and wastewater Impact fee program in place, The City's experience with implementation of this program suggests that the administrative costs associated with a transportation Impact fee program would be fairly modest. r Impact Fes Fusibility Study/fknrax. 1•exas cluncetn associates March 18, 1999 15. D t The costs associated with design and implementation of a transportation impact fee system in the City are estimated to total about $ l,7 million over the next ten years (Table 1). The follnwing administrative costs were Included in the estimates: a Cost of C1P and ordinance (engineering, policy and legal assistance); o Coal of required public notices; o Cost of City staff involvement In conducting impact fee study and in establishing initial procedures (50% HE at $40,000 and 5096 FTE at $24,000): o Ongoing administrative costs (50% FPE at $24,000 and 1.5 FPE to operate and maintain the model at about $70,000); and o Cost of required study updates, Table Estimated Administrative Costs, 1999-2009 Trans nation Impact Fees tem 1999 2000 2001 2001 2057 2004 2005 2006 2007 2000 2009 1999-09 ee Stud n'nee' 250000 $0 $0 $01 $01 $0 SO $0 SOL $01 $0 3250000 ee Can.,Mnt $50,000 $0 !1 $0 $0 30 so SO $50000 t al $5000 SO $0 30 30 So 30 30 SS,O~ ouces $1,100 SO S0 $0 SO SO SO $0 SO so 11,100 ee atd n 'rxei ISO !SS $30,000 so $10,000 so so $10,000 $90, ) eeconsuham ISM $25,000 so $0 25000 $0 75.000 e d so $0 $5.000 $0 5000 4$0 5.000 so 315.000 otices so 31 ire 30 SI,100 $0 Sol $1,100 67,100 ministnt'an _ r enannel $32.000 117,000 111,00E 1 [7,000 117,000 117,000 111,000 117,000 111,000 117000 111,000 1, 202Ed0 ITOTAL 100 1 1I 11,000 Is 178, 100 IS I 17,000 Is 169 I PART IV: POTENTIAL REVENUE In the absence of an inventory of transportation improvements needed to accommodate local growth over the next ten years, it is impossible to predict potential tmnact fee revenue with any degree of certainty. Transportation impact fee levels from other communities provide a rough measure of possible revenue levels, although pro)ections based on average data should be viewed as hypothetical values, since fee h Impact Fee Tasibilit , $tudvlben bn, Texas dssncon ossociote$ March 18, 1999 } 1 16. c• levels vary widely from one community to the next. Perhaps more than any other single factor, local policy preferences are responsible for these wide variations, as communities take very different approaches to growth management and infrastructure cost recovery. A recent survey Indicates that national average transportation impact fees are approximately $1,300 per single-family unit and $800 per multi-family unit. Commercial and industrial impact fees average about $2,400 and $700 per 1,000 square feet, respectively. However, due to the 3-mile maximum c-,rerage trip length and the likelihood that some service areas will not be able to charge an impact fee due to lack of eligible improvements, only one-half of the average fee will be assumed for Denton. Table 2 presents transportation impact fee revenue projections based on one-half of "average" impact fee levels and projected growth, based on the City's adopted land use assumptions for water impact fees. The calculations also assume that half of potential fees are given back to developers as credits for required roadway exactions. The potential net revenue over ten years is about equal to rho $13 million in total eligible improvements estimated earlier, Indicating that the fees shown are probably the highest that could be justified. Table 2 I Projected Revenue, 1999.2009 Trans rudon Impact Fees Development Unit of Potential Potential potential TVI" Measure Fee Unit Foes Csvdit Net Revenue Sin le-Farm UrR 644 10,980 7,071.000 $3,536,000 $3.535,000 Multi-Fame UrA $413 9,030 53,725000 $1,663000 186200 Commercial 1,000 . Ft _I L21 9,500 1 I S09 000 $5,75S,000 5,754,000 Industrial 1,000 Ft. $364 5,300 $1,927000 $964,000 $963000 CFKe/cmc 1000 Ft $797 3,900 1108.000 $1,554,000 1,554,000 Total 7 13,672,000 I 6 54urcL Fee per unit n one-has d average fee Prom national impact fee wrvey by Dr. James Michas or Uniyersity of Florida in Gainesville. November 1998; grovvtti projections from CV of Denton Land the Assurrip6ms for MW CCN Styes Area April 22, 1998; credits assumed to be 6096 of "ntW lets. PART V: FINDINGS AND CONCLUSION Findiass Only a limited number of roadway Improvements could be funded with transportation impact fees. Much of the major thoroughfare system Is either a state road and l f r,1c, Impact Fee Feasibility StudylUenron. Texas duncon ossoclates March Is, 1999 i i 17. t J t, therefore Ineligible for impact lee funding, already built to ultimate cross-section, or already funded with approved CIP bonds. As a result, it is estimated that transportation Impact fee revenues would be able to fund only about $13 million of road improvements. Given the limited number of Improvements that would be eligible, for transportation impact fee funding, and the large number of service areas, there will almost ceroainly be areas of the city where transportation impact fees cannot be charged because there are not eligible improvements needed over the next ten years. Even for areas that do have some eligible improvements, fees are likely to vary significantly from one area to the next. The likely high variation in fees between geographic areas of the city dictated by the requirements of the Texas Impact fee act and the nature of Denton's road system make impact fees a less attractive option. Denton is already fairly aggressive In its approach to developer exactions for major road improvements. Developere are required to dedicate right-of-way and construct at least two lanes of perimeter orterlals and four lanes for arterials that pees through their subdivision. In addition, developers are often required to make additional olf-site { improvements, including paying, slgnalization and intersection improvements. Impact fees that are designed to fund needed improvements to the arterial system will need to give developers credit for any such required Improvements to the arterial system. Given the City's aggressive developer exaction pulicy, a:tual transportation impact fees paid by developers are likely to be relatively modest after credit has been given for the value of required arterial right-of-way dedication and construction. The City does not have a computerized travel demand model for its major road system. While not absolutely required, the development of suoh a model is strongly recommended to provide a firm basis for transportation impact fees. Development of such a model would entail significant cost, although the cost could conceivably be recouped through impact fees. Conclusion There does not appear to be any compelling rnson for the Cily of Denton to proceed with the development of a transportation impact fee program. Such a system would be costly to develop, would not apply equitably throughout the city, and would not be able to fund a large number of improvements. The City would probably be better served by retaining its existing system of developer exactions for road Improvements. In the evert that the City does decide to proceed with transportation impact fees, the developme t of such fees would need to follow completion of the comprehensive plan, ifs !input Fee Feasibility StudylOnva % Texan i dunaan ossoclates March 18, 1999 is. c~ c II ik I Drainage Impact Fees This section provides an analysis of the feasibility of using drainage impact fees to finance growth-related stormwater management improvements in Denton. PART I: EXISTING CONTEXT As Is the case in most communities, Denton's drainage facilities and stormwater management activities have historically been financed with general revenue from property taxes. Developers are also responsible for addressing project-related stormwater facility needs, pursuant to Sec. 34.124, Drainage Requirements and Design Standards, of the City s subdivision regulations, which gels forth the following requirements: All developments shall provide for any new drainage facilities, the improvement of any existing drafnage facilities, channel improvements or grading, or work which 1s necessary to provide for the Mormwater drainage needs of the development Including but not limited to any drainage facilities, improvements or other work which Is necessary to,, a. Provide for the conveyance of all storm water from the developmont when fully developed to an adequate discharge point; b. Fulfill anypurpose for which the requirements of this section are imposed- c. Adequately protect the development from flooding, including the effects of the one-hundred year- flood-d. Properly control any Increase in the upstream or downstream stage, concentration or water surface elevation caused by the development; e. Provide for the conveyance of existing storm drainage flowing through the development, (34.124(d)(1)) Developers aro also required to make Improvements to off-site drainage facilities In cases where the development would adversely affect downstream properties or overload existing off-site drainage facilities, In some cases, on-site detention facilities may be roqulred to reduce peak discharges; while in other cases developers may be / f,-" Imnatt Fee Feadblilty Studyloenron, rexar duncan associates March M 1999 14. t~ S, required to partiapate in the design and construction of a regional detention facility. Developers may be allowed to pay a fee In lieu of Improvements in cases where the City's planned improvements within the next two years would make the developer's improvement unnecessary and the delay in providing the Improvement would not adversely affect the development or off-site properties. However, any fees paid must be refunded if not spent within five years on the required Improvements. Drainage and stormwater facility planning are not typically high priority issues, at least in relation to other community needs and with the possible exception of the days following major storm events. As a result, traditional revenue sources often provide an inadequate source of funding for needed storm drainage facilities. In this context, communities are increasingly looking to alternative funding sources for needed drainage facilities. In recent years, two alternative revenue sources have received an Increasing amount of attention, drainage utility charges and impact fees. A drainage utility fee differs from an impact fee in that it is assessed on all existing development, usually in the form of a monthly charge on the City utility bill. In contrast, an impact fee Is assessed only on new development, typically at the time of building permit Issuance. Another major difference is that drainage utility fees may be used to fund maintenance as well as capital costs, whereas impact fees are restricted to funding capital Improvements. I PART II; RECOMMENDED METHODOLOGY AND DATA SUFFICIENCY Texas communities that wish to develop drainage impact fees must follow the guidelines established In controlling case law and In the state's impact fee enabling act (Chapter 395). Given these considerations, the task of developing valid drainage Impact fees can be broken down into three fundamental steps; I, The local cost of adding a unit of stormwater capacity must be calculated; 2. The stormwater runoff associated with individual land uses must be identified and used as the basis for impact fee assessments; and 3. Final Impact fee calculations must be structured to provide credit for other (non-impact fee) contributions to drainage facility finance. I A~ ,t impact Fee Fealbllity StudylDenton Texas duncen Associates March IB, 1999 { 20. ;I ~I 1 Calculating Unit Cost ( In Texas, the local cost of adding a unit of capacity must be calculated on the basis of ,i an adopted capital improvements plan (CT). The CIP must cover a ton-year planning horizon. In contrast to transportation impact fees, the Texas impact fee act does not impose geographic limits on the extent of a drainage CIP, other than to require that service areas not cross drainage basins. According to section $95.014 of the state impact fee act, a CIP used as the basis for impact fees must include an inventory and analysis of existing facilities, as well as a description of the growth-related costs of upgrading and expanding such facilities, The ten-year time-frame Imposed by the Texas act means that an impact fee CIP can include only those drainage Improvements necessary to accommodate ten years of growth. Several "costs" can be included in the CIP, Including land and construction charges, engineering and survey fees and debt service. The value of any "excess" capacity, if any, present in the existing system can also be Includod In the CIP. Determining Service Areas The Texas impact fee act requires that drainage Improvement costs be calculated on the basis of geographic "service areas." Drainage service areas can Include land located within the city and its extraterritorial jurisdiction (90), Such service areas cannot, however, cross watershed boundaries. "!Drainage) service areas may include all or part of land loaned within the pohtlcal subdivision or Its extraterritorial jurisdiction, but shall not exceed the area actually service by the storm water, drainage and flood control facilities designated In the capital Improvement plan and shall not extend across waterslvdboundaries." (¢395.001(9)1 The City of Donlon Is located In the Trinity River Fusin in north central Texas. The City and Its F,"P( are drained by six major watersheds; Clear Creek, Cooper Crook, Hickory Creek, Lewisville Lake, Pecan Creek and Trinity River, Most of the city itself boo within the Cooper and Pecan Creek watersheds, with the limits of the M extending into the Clear and Hickory Creek watersheds, The portion of the city within the Cooper and l Pecan Creek watersheds has nearly completely developed, and little development is expected to occur in these areas in the future. Conversely, the Hickory Creek watershed is largely undeveloped and, with the construction of the Alliance Airport in northwest Fort Worth, Is likely to experience rapid growth in the future. The portion of the Clear Crook watershed within the Donlon 1;'PJ is small compared to the overall Clear Creek watershed area, Only small portions of the city lie in the Lewisville Lake and Trinity River watersheds, I C. Impart Fee Feasibility StudylDenton, texas duncen assoclat©s March 18, 1999 21. a i ! 4~ The six major watersheds are illustrated in Figure 3. Separate impact fee calculations would need to be performed for each of these areas, and funds collected in each area j would need to be earmarked for expenditure within the same watershed. The City could Impose drainage Impact fees In only the undeveloped portion of one of the watersheds. For example, In the event that most new development was expected to occur in the undeveloped portion of the Hickory Creek watershed, and sufficient information was available only for that area for the calculation of drainage Impact fees, such fees could be adopted and applied to this subarea of the city, Figure 3 Major Watersheds Denton, Texas `I i l,.t . r , C.7 r" 1 i f r 'IJ 1)/1r Impact Fee Feaslblky studyJDt'*V; rams duncen osmiates Much 18, 1599 } 22. r r Preparing Capital Improvements Plan l ilke most communities, Denton does not have a drainage facility capital Improvements plan that satisfies the requirements of the Texas Impact fee act. According to the act, most of the technical analysis involved In preparing the CIP is to be performed by registered engineers. Developing the drainage CIP Involves the j following tasks. f. Inventory and description of existing drainage improvements. The Inventory should consist of a detailed list of all major hnpact fee-eligible drainage improvements within the City and its M. This list should be broken by watershed. The inventory should Include a description and analysis of existing deficiencies in the stormwater management system, since the coal of remedying these deficiencies are ineligible for impact fee funding. The Ctty has a Comprehensive Drainage Master Plan that was originally prepared in 1975 and was updated in 1990. The 1990 update extended the coverage area of the moster plan to include approximately 77 additional square miles of primarily undeveloped land in the Denton planning area. The first phase of the plan included revising and updating the drainage regulations and design manual. These criteria were revised in the 1990 update, increasing the design standard for open channel depth and culvert and bridge design from the 25-year to the 100-year frequency storm, The plan includes an { Inventory of all existing major drainage facilities within the study area, including detention ponds, culverts and bridges. A field inventory of the major drainage structures was performed to verify the location and size of the existing roadway culverts. Land use projections were utilized to determine the runoff coefficients associated with the ultimate development of the study area. The proposed drainage systems were conceptual and for the most part did not include cost estimates, An exception was an analysis, completed in 1989, of the feasibility of regional detention facilities in the Hickory Creek watershed, which Identified $15 million in Improvements for this 44,000-acre study area. Two more recent studies were conducted in 1996 for smaller, mostly developed areas in the Pecan Creek and Cooper Creek watersheds. These studies did include cost estimates for identified project needs that relate primarily to remedying existing drainage problems. Together, they identified $33 million in needed drainage Improvements, The City's existing studies appear to have a relatively complete inventory of existing facilities, and some analysis of existing deficiencies. However, Impact Fee Feasibility StudylDenton, rexas duncsn assoclotes March 18, 1949 23, cadditional data on existing facilities would likely be required for an impact fee CIP. All existing facilities would need to be analyzed to determine the extent of existing deficiencies and the cost of the minimum-sized improvement thus would remedy the deficiencies. 2. Cost of tapatity-expending improvements. A description and analysis of major drainage improvements needed to accommodate future growth provides the heart of on impact fee CIP. Under the Texas act, this analysis is to be prepared on the basis of "land use assumptions," which include a "description of the service area and projections of changes in land uses, densities, Intensities and population In the service area over a least a ten-yeor period." [$395,001(5)). The City is well on Its way to developing the type of land use assumptions needed for a drainage impact fee CIP. The comprehensive planning process now underway will include ten-year growth forecasts. These will naed to be aggregated by watershed. After preparing a description of drainage facilities necessary to accommodate projected growth, costs must assigned to needed Improvements. Like most drainage master plans, the studies that have been conducted for the City of Denton are based on build-out conditions, rather than a ten-year forecast. This is because drainage improvements, such as bridges, are very expensive to enlarge and are almost always sized for ultimate development conditions. Whsle individual improvements may be sized for ultimate conditions, however, the improvements I?,at would be needed over a ten-year period could be determined based on growth forecasts by small area. Such forecasts are being developed as part of the City's current comprehensive I planning effort. Denton city staff are considering drainage Impact fees as a potential source of funding for the purchaso of buffer zones or conservation easements in developing flood-prone areas, as well as for the purchase and relocation of houses from existing flood plains. The purchase of land or easements for floodways in developing areas would appear to be an eligible use of drainage Impact fees. However, the purchase and removal of houses from the existing flood plain would appear to be more in the nature of solving an existing problem than In creating capacity for new development, and would probably not be an appropriate use of impact fee funds, 3. Cost per Serylte Unit. The cost of drainage improvements needed to accommodate new development within Impact fee service areas must imout Fee Fessibitity Study/Denton, Texas dunoon assocloles March 18.19W- 24. JJi 1 i. ultimately be expressed In terms of total cost per service unit. Typical service ; t units used In drainage utility fees and impact fee studies are acres of impervious cover and Equivalent Residential Units (ERUs). Although acreage is a more typical service unit for drainage Impact fees, ERU-based calculations are equally useful since both are based on Impervious ground cover, which is a reasonably good indicator of stormwater runoff generation.. While the CIP will include ten-year growth projections and improvement cosh the cost per service unit should probably be determined from build-out costs and service units in order to ensure that new development over the next ten years is not charged for the excess capacity that will be provided by oversized Improvements. Consequently, the cost per service unit can be calculated by dividing total growth-attributable drainage facility costs by the total number of ERUs at buildout. Texas law requires that impact fees be based solely on CIP-documented costs that are "necessitated by and attributable to" new development. I¢395.014.(a)(3)]. Since the cost per ERU is calculated by dividing the total drainage costs by total ERUs, the "growth-attributable costs" under this approach is the percent of total buildouI costs that represents the ratio of ERUs from new development to ERUs at build-out, While additional analysis should be performed to determine more precisely the costs needed to remedy existing drainage deficiencies versus the costs to serve new development, this approach is conservative and Is unlikely to overestimate growth•reloted costs. Calculating Stormwater Demand As noted above, a drainage utility, fee rjr Impact fee should be based on some measure that Is related to the stormwater runoff that will be generated by a development. A simple approach Is to equate runoff potential to the amount of impervious cover, such as roots and paved areas. A drainage utility, feasibility study conducted for the City of College Station in 1993, for example, was calculated on the basis of one ERU per 1,680 square feet of impervious cover. While it has the virtue of simplicity, a drawback of the impervious cover approach is tor, that it does not take into account that natural and pervious areas also shed wr, although to a lesser degree than impervious areas. It is also likely to be much mm re simplistic than the methodology used in the drainage master plan to estimate existing and future runoff conditions. For Impact fee purposes, it would be prudent to use a method of calculating runoff potential that is consistent with that used to develop the CIP to estimate impacts of individual developments in the drainage design manual, lust Fee FesiNlity StudrlOenlon Texas ( dtlncian assoclolas Much i8, 1999 25. cGe°erally, this method applies runoff coefficients to the areas covered bydifferrmt types of land treatments in a development project. Calculating Credits and Net Cost The Texas impact fee act.-squires that impact fee calculations include credits for fee- paying developments' other (non-impact fee) contributions to providing off-site Infrastructure. The act does not specifically require that other financial contributions (e property tax payntiews) be considered, although impact fee case law and general equity considerail ms suggest that new development should not be charged twice for Its Impacts--once: through impact fees and once through property taxes and other financial contributions. As a result of these considerations, it to recommended that any impact foes prepared for the City include appropriate revenue "credits." Property tax revenue generated by new development In Denton goes, in part, to retire generc ; obligation (GO) bonds that are used to enhance the community's overall stormwater management system. Under the recommended drainage impact fee methodology, new development would receive credit for past and future property tax payments used to retire GO bonds that financed capacity-expanding drainage Improvaments. The amount of such credit will be relatively small, since the City has only $7.3 million of outstanding debt on bonds issued for drainage Improvements. The City maintains an excellent data base of financial information which could be used to caL, late drainage impact fee credits. Some additional breakdown of the percent of GO bond revenue that was used to fund "capacity-expanding' drainage improvements would be desirable. Calculating Orafnage Utility fees As noted earlier, a stormwater utility fee is a user fee similar to a water or wastewater fee, and is typically Included on the monthly city utility bill. Unlike an impact fee, a utility fee Is charged to all existing development, and can be used for either capital or operating expenses. Compared to drainage impact fees, there are relatively few requirements for the calculation of drainage utility fees, Ths main requirement for a drainage utility is that the user fees should be related 1, the demand for service and that the fees should reasonably reflect actual costs to provide the service. In addition, drainage capital and maintenance operations and costs should be accounted for separately from other activities, such as street maintenance. A common methodology used to set drainage utility fees is to (1) determine drainage service units (e,g., EHUs) per development unit (e,g„ dwelling unit, nonresidential Impact Fee Feasibility 5tudylDenron, Tehas 1 duncen associoles March 18. 1999 26. t~ 4L ( acre) for several broad land use categories (e.g., single-family, multi-family, commercial, office and industrial), (2) multiply these by the existing number of development units in each category to determine total service units, then (3) divide the estimated annual drainage capital and maintenance budget by service units to derive the annual drainage'ee per service unit. Several Texas cities, including Austin and San Antonio, have adopted drainage utility fees. The fee appears on the monthly utility bill and is earmarked for drainage purposes. i PART III: ADMINISTRATIVE CONSIDERATIONS There are several administrative costs associated with implementation of an impact fee program. First, there is the cost of developing the required CIP and impact fee study, including engineering and legal fees and public notice requiremelts. Setting I up the adminlstral:ve and accounting procedures to be used in implementing the program will also entail some upfront costs. On an on-going basis, there will be sorne personnel costs associated with fee collection and accounting. Denton currently has a water and wostewater Impact fee p.Wro n in place. The City's experience with Implementation of this program suggests that administrative costs associated with a citywide impact fee program would be fairly modest. Moreover, thv { cost of impact foe studies can be recouped through impact fees, if they are prepared by outside consultants (i.e., non-city employees). It is L'kely, that the City's administrative costs would be similar to those estimate3 earlier for a transportation Impact fee system. More difficult to estimate Is the cost of the engineering analysis that would be required to develop a drainage impact fee CIP that satisfies the requirements of the state impact fee act. The City Is planning to spend $1,2 million on drainage studios within the next year, It Is not known whether there will be adequate budget to address the Impact fee analysis within this work effort. Adminislralive costs associated with a drainaga utility fee would be minimal, since the data on which the fee is based (dwelling units and nonresidential acres) should be readily available from the City's current utility billing'nformation or from the county tax appraisal district, and since the fee could be added to the water and wastewater utility bill. Since the requirements for utility fees are much less rigorous than for impact fees, study costs should k* small compared to those required to support impact fees. tf Impact Fee Feasibility StudyjOenrorr, Terns { duncon assoebie9 March 18, 1999 2I, cc I i j PART IV: POTENTIAL REVENUE There Is no national dola on crmroge drainage impact fees, because such fees are I relatively rare, when compared to transportation impact fees, for example. Sev7ral com :unities we are aware of that have drainage impact fees include Bernalillo l County, New Mexico; Sandy City, Utah and Fort Collinn, Colorado. Our experience with drainage Impact fees suggests that they are generally about one-half the magnitude of transportation Impact fees. Based on the previous estimates of transportation impact fee revenues, drainage impact fees could generate as much as $13 million over the next ten years, or In the neighborhood of $1.3 million annually. Tho City currently spends about $2 million annually on drainage capital Improvements. Drainage utility fees are also . elative y rare, although they have been gaining In popularity. In Texas, drainage utility fees have been adopted by Austin and San Antonio. Fort Collins, Colorado assesses a drainage utility fee that Is designed to fund both capital and maintenance costs. The monthly bill for a typical residence is $2.01 for maintenance and $3.58 for capital Improvements. At these rotes and based on existing residential development in the City of Denton, a drainage utility would generate about $2.2 million annually from residential development alone, and perhaps as much as double that once nonresidential development Is taken into account. PART V: FINDINGS AND CONCLUSIONS Findinjs Although the City has completed some drainage studies, additional engineering studies would be required to accurately project facility needs and costs in order to support drainage impact fees. The greatest outstanding da:.o need is for a master plan and estimates of tho cost of remedying existing deficiencies by watershed. The cost of these studies could be high, although the City has budgeted $1.2 million for li drainage master planning that could provide all or a major part of the data needs. Drainage impact fees would have to be calculated Individually for each of six major watersheds. Fees could generato somewhere in the range of $1.3 million annually, somewhat more than half of the City's current annual capital budget for drainage Improvements. A drainage utility fee could fund capital and operating costs, without the service area, master planning and procedural requirements that pertain to impact fees. A monthly Impsct fes FesrlbllltLStudrlDenton, Texa,~ duncon assoclotes Much 18, 1999 28. c~ i i fee of less than six dollars per household could generate $3 to a4 million annually to C help fund drainage capital and operating costs. Conclusion A drainage Impact fee applied to the developing area of the Hickory Creek watershed south of the city could generate additional funds to acquire buffer zones or conservation easements in developing flood-prone areas beyond what the City can require developers to dedicate. The City would first need to prepare a deluded drainage master plan of the area that complies with the impact fee act requirements. The City Is about to spend $1.2 million on drainage studies that maybe able to provide much of the needed data. The drainage master plan would need to Include a 10-year Cie based on the small area growth forecasts being developed as part of the comprehensive planning process, A drainage impact fee for the City's southern M could be combined with a city-wide drainage utility fee that could help fund remedies to existing drainage problems as well as on-going maintenance costs. A drainage utiiity fee Is a monthly charge to all existing development, typically included on the utility bill, that reflects the cost to build and maintain drainage facilities to accommodate lh,t, runoff from each property. The studies required to develop a drainage utility fee wo%Od be much simpler and less expensive than those requrad to support a drainage Impact fee, j I Impact Fit Fsulblliq Study/Denton. Texas dunaesn associates March 18, 1999 29. c r w Impact Fee Policy Options This section Identifies various policy options available to the City In the design of impact fees for water, was!ewciter, and transportation impact fees. In particular, the policy options address the concept of "variable rate" impact fees. Impact fees can be designed to vary according to geographic factors (such as topography and soil conditions), residential density, dwelling unit size, housing two and other factors. There are two prlnc[pal types of policy objectives that can be addressed with "variable rate" fee structures: growth management and progressivitylhousing affordability, impact fee systems designed to further growth management objectives tend to differentiate fees by geographic subareas in an attempt to encourage new development where it Is most cost-effective to serve. Impact fee systems d )signed further housing affordability objectives and to make the fees Increase- with household income focus on relating the fee to the size of the dwelling unit. A final issue concerns regional competitiveness. 7`he City's recently-adopted fees are based solely on the cc, ! of central lreatmentldistribution facilities, but are already among the highest water and wastewater Impact fees currently being charged in the slate. Consequently, the Clty may wish to consider whether to proceed at all with the line portion of the water and wastewater impact fees. PART I: GROWTH MANAGEMENT POLICIES Differential Fees by Service Area Probably the most common method used to align impact fees with growth management objectives is to calculate fees Individually for geographic subareas. The idea is that the fees will be lower in more developed areas where existing Infrastructure is already in place, thereby encouraging infill and redevelopment at higher densities. Similarly, fees will be higher to outlying areas where roads and utility lines need to be extended, providing a disincentive to leapfrog and low density sprawl on the urban fringe, The Texas impact fee act mandates that transportation and drainage Impact fees be calculated individually for subareas of tha jurisdiction Inown a~ "service areas." In the case of water and wastewater fees, however, it provides for the option of a system. wide service area encompassing the entire area served by the utility, The City has already chosen the system-wide approach for the treatment plant component of its water and wastewater less. The choice that remains to be made is whether to use a r' Impact Fee Feasibility StudrlOenravr r'eras duncen as=lotes March 18, 1444 f I 30. t~ i c. I f system-wide or area-specific approach to the development of the Sine component of the fees. Although road and drainage impact fees must be individually calculated by service area, It does not necessarily follow that there will be major differences In fees between areas. The choice of area boundaries and impact fee methodologies can be designed to accentuate or minimize such differences. Consequently, even with these facilities the City has some policy latitude in the extent to which the fee is designed to reflect geographic differences in the cost to provide service. The topographic basis for service areas is greater for wastewater and drainage facilities than It is for water and transportation facilities. Stormwaler flows downhill, so that watersheds make natural service areas in which drainage facilities serve only the development that locates in that watershed. This is true to some extent of wastewater systems as well, although these systems often use pump stations and force mains to transfer wastewater to treatment facilities that are not located downstream from the development. Water distribution systems and road networks are much less sensitive to topography, although major geographic barriers such as rivers and lakes can isolate some sets of facilities to providing service primarily to development within a defined area. In the case of water and wastewater impact fees, it might seem reasonable to assume ( that tho cost of distribution and vollection systems required to serve a customer increases with the distance from the treatment plant. However, basing the fees on distance from the plant may not coincide with growth management objectives. Water plants tend to be located upstream from a comm•: pity, while wastewater plants tend to be located downstream. The siting of treatment plants Is a decision that is made by the City, and the choice between altemative sites may make it more or less expensive to serve a particular area of the community. In systems with multiple treatment plants and wastewater pump-overs between drainage basins, it may not even be possible to Identify which plant serves a particular area. For these reasons, the distance of on area from the treatment plant is not commonly used to develop differential water and wastewater impact fees. J ' Impact Fee Feas Witty ftudylpmrA ,Texas ( duncan associates March 18, 1999 31. I figure 4 A conceptually similar approach for Ada County Road Assessment Districts transportation impact fees is to base the fees on a variable average trip % w length, which reflects the longer trips made by development in outlying areas. In 1989, such a system was developed for the Ada County Highway District, which is a special purpose agency with responsibility for all road Improvements in the Boise, Idaho metropolitan area. Outlying communities argued that their longer trip lengths were offset by lower right- f of-way costs and greater use of i e freeways, which were not included in the impact fees. After molding these adjustments, the road Impact fees finally adopted had only relatively small differentials botween the central city and outlying areas. The ACHD Is now in the process of updating the fees, and is rnovfng in the direction of a uniform system.-wide fee. This approach is not practical in Texas due to the limitation of a maximum average trip length of three miles, but the example illustrates some of the political difficulties In varying fees by area, particularly in the context of multiple jurisdictions. The more common approach to differential fees by service area is to Identify rapidly growing areas where major infrastructure Investments are needed and to base the fees for those areas on the cost of the planned improvements. This approach is the one most consistent with the Texas impact fee act, which requires the development of a list of improvement needed to accommodated projected growth over a ten-year period, In such approaches, the mostly-developed central area of the community, where few growth-related improvements are needed, is sometimes left out of the Impact fee system entirely. It should be noted that the fees are no directly related to the aggregate cost of improvements in the service area. The Texas impact fee act precludes a pure improvements-driven approach, in which the fee is determined by simply dividing the cost of planned improvements by the projected growth in service units. Instead, one must divide the cost of improvements by the number of service units that the improvements have the capacity to serve. Thus, the cost per service unit should be , Impact Fee Feasibility StudylDentog Texas duncen associates March 18. 1999 32. l' t { relatively similar between service areas unless there are extraordinary costly improvements required to serve particular areas. In general, the primary variation in fees will be due to lower fees In service areas where there Is excess capacity and few improvements required. The arguments against variable fees by service area and in favor of uniform, system- wide fees are both political and practical. Politically, it Is always difficult to draw a line and charge significantly higher fees on one side of the line than on the other side, even when there are significant differences In the average costs to serve the two areas. People located close to the boundary have a hard time understanding why they are being treated differently that their neighbors on the other side of the line. Practically, it is more difficult to design and administer an Impact fee system with multiple service areas and variable fees. Multiple service areas also restrict the flexibility in the use of funds by earmarking fee revenues for expenditure only in the area in which they were collected. In Denton's case, an approach that may be worth consideration is to define the areas that are currently served by existing major water and wastewater lines, and distinguish these "served areas" from the fringe "growth arras" where major fine extensions will be required to serve new development. No line fees would be charged in the served areas, while line fees In the growth areas would be based on the cost of planned water transmission lines and wastewater interceptors required to serve projected growth in these areas. The cost of approach mains would continue to be funded by developers with pro rata agreements tf they are oversized to allow other developers to connect to the system. It should be noted th^t development of the line component of the water and wastewater impact fees should occur after the completion of the comprehensive planning effort that is currently underway. The growth fort-Lasts by geographic area associated with the preferred growth scenario will be important Inputs Into the development of a water and wastewater master plan, which in turn will be used in the calculation of the line fees. Density-Adjusted Fee for Water/Wastewater Lines The density-adjusted fee, also known as an acreage fee, Is Intended to provide an incentive to reduce sprawl by encouraging higher density residentia. - levelopment. This approach to charging impact fees for water and wastewater lines i :,:ognlzes that lower density development Is more expensive to serve. Since only line costs are affected by density, water and wastewater Impact fees must be disaggregated into treatment works and line components. , Impoct Fee Feesfbtlity StudylDenton, rexa duncan ossoclates March 18, 1999 33. E I f k The cost rationale for the density adjustment is that, In general, water mains and { wastewater Interceptors are sized to accommodate the build-out of a fixed 4 geographic area at an average planned density. By their nature, these major line f costs are more strongly related to the number of acres served than to the number of units served. If development occurs at a lower-than-expected density, the costs of the unused line capacity must be paid by either all new customers through higher impact fees or else by all customers through higher volume charges. Consequently, to help ensure that line costs are recovered from benefitting development, the line component of the water or wastewater impact fee Is adjusted in direct proportion to each development's relationship to the average density. For residential development, the line component of the water or wastewater impact fee would be determined according to the following formula: Line Fee per Re3idential Unit = Average Interceptor Fee per Unit x (Average Density + Project Density) Figure 5 Suppose a wastewater fee of $1,000 Hypothetical Density-Adjusted Fee per unit consists of two-thirds 12 co treatment costs and one-third interceptor costs. At an average density of three units per acre, Interceptor costs are $1,000 per acre. ,'P+„?;,; A single-family subdivision developed at one unit per acre would put a line t Ow _ fee, of $1,000 per unit and the standard Intiftepla treatment cost of $667 per unit for a s5w tolat. of $1,667; while a multi-family ! Torte fnl Pwmt cwn project at ten units per acre would pay , a line fee of $100 per unit plus the to , a e s e r a a 1G standard treatment cost of $667 per oen61ty(un1%?ACre) unit for a total of $767 per unit. , While this formula may appear complicated, it is essentially just a way of converting a cost per unit into a cost per acre. For example, the formula Indicates that a project that develops at one-half the average density pays twice the average fee per unit. Similarly, a project that is twice the average density pays one. half the average fee per unit. The result is the same as charging a standard ;se per acre. i r Impact Fee FeaAllity ftudrlDentcvl Texas duncan ossoclates March 18, 1999 34. 0 h One difference between the density adjustment and the more traditional acreage fee is that a straight acreage fee would subsidize wale; intensive commercial and industrial uses. The density adjustment, by Its very nature, can be applied only to new residential customers. The fee-per-acre approach to recouping interceptor costs Is actually not a new concept at all. Many utilities have long charged a standard'ocreage fee' at time of platting to recover water and wastewater line costs. For example, the Town of Garner, North Carolina in the Research Triangle area charges a sewer acreage fee of $1,092 for lines plus a $4 per gallc n sewer treatment plant capacity replacement fee. Acreage fees are a simple and direct method of recovering the fixed costs of water r and wastewater lines from the development of areas served by such lines, and have the additional feature that they can be collected in advance of actual building construction, since they do not require information about the type of development. The density adjustment should be revenue-neutral, since it is designed to allocate the average cost of interceptors In a way that reflects the relative costs to serve residential developments of various densities. Consequently, the adjustment should be based not on a policy-driven or desired density, but rather on the actual average density of new residential development connecting to the system. To ensure that the density adjustment does not result In fees that are lower or higher than they should be, the City could begin collecting density information on new water and wastewater customers prior to implementing the density adjustment. Three to six months worth of such &ta should provide a reliable benchmark for the average density to be used in the adjustment. 1 The average density would need to be defined in a manner that can be consistently applied to new customers in determining the fee. To avoid having to refer to the subdivision plat for every lot connecting to the system, density could be defined in terms of the area of the individual lot. Once a density-adjusted fee has been paid on a lot, any subsequent fee for a redevelopment project would only need to be charged for additional treatment costs, since the line portion would already have been paid for the entire lot area. While the density-adjusted fee could promote equity by more closely aligning fees with the cost to provide water and wastewater lines, the major advantage is that it could help promote land use objectives. By providing an incentive for higher density development, it could support policies to encourage fnfill, intensification and redevelopment of the urban core, as well as the consumption of less land for n6w suburban development. By itself, however, the density-adjustment is not likely to have Impact Fee Feasibility Study/Denton, revs duncan associates March 18, 1999 35. L I i a significant effect on the pattern of residential development. But if applied in concert with other density-related incentives (such as a fee per acre for non-point source pollution, for example), it could have some effart, PART II: HOUSING AFFORDABILITY Variable Fees by Dwelling Size Most Impact fee systems charge residential development based on the number of dwelling units. While many of them distinguish between types of dwelling units (e.g,, single-family detached), most are insensitive to the size of the dwelling unit. Yet the size of the dwelling unit is more strongly related to the impact on many types of facilities than the type of unit. Unit size Is also strongly correlated with housing price and with household income. Impact fees that are insensitive to unit size can be much more easily absorbed in the price of a more expenhre home. It has also been alleged that "one-size-fits-all" Impact fees have priced more affordable housing products out of the market in some communities. In an attempt to make impact foes more "progressive" (i.e., related to cbility to pay) and to promote affordable housing, some communities have adopted impact fees that Increase with the size of the dwelling unit. Generally, fl Js has been justified based on the correlation between unit size and the number of people living In the household, and has been done for those types of facilities for which demand is related to household residents (e.g., parks and schools), Palm Beach County, Florida and Fort Collins, Colorado have been pioneers in this approach. In Texas, however, state law precludes the use of impact fees for the types of facilities most strongly related to the number of household residents. Consequently, we will focus on the experience with similar approaches for the types of fees authorized In this state. Number of Water Fixtures Waler and wastewater Impact fees are often assessed, not on the basis of dwelling unit type, but on the basis of the size of the water meter. However, since most single- family units use the smallest water meter regardless of the size of the dwelling, the effect is the some. An alternative approach to water meter size is the number of water fixtures installed in the home. Since larger homes tend to have more bathrooms and water-intensive appliances, this approach would have an effect sirnilar to charging by unit size. Howemr, It Is more difficult to implement and administer than the more traditional meter size or unit type approach, r Impact Fee Feasibility StudyjDenW,, Texas dunctan associates March 18, 1999 36. 3 a Residential Lot Size In 1996, the City of Scottsdale, Arizona adopted an Innovative system of water and wastewater impact fees that charge new single-family residential customers based on the size of the lot. The system was based on studies that determined that lower density residential developments have significantly higher peak water demands, due primarily to the irrigation demands for their much larger lawns. ).raw density housing was also found to have higher wastewater generation, but the differences were much less significant than for water demand. Scottsdale's water development fees range from $783 for lots smaller than 4,000 square feet to $7,332 for five-acre lots, plus an ad~71'tional $37,41 per 1,000 square feet over five acres. Its sewer development fees start at $1,625 for lots less than 4,000 square feet and are capped at $2,465 for lots of three acres or more. Dedicated open space or scenic corridors and areas zoned for conservation open space or hillside conservation are excluded from the lot area used in calculating the fees, i Number of Garages Most road Impact fees are based on national data on trip generation rates published in the Institute of Transportation Engineers (ITE) Trip Generation manual. The ITE manual gives a rate for single-family developments, but does not provide differential rates by unit size. Consequently, most road impact fees charge one rate for single- family units, regardless of the size of the unit. However, some udditional data is I available. The ITE manual provides trip generation rates for single-family detached housing based not only on a per unit basis but also on a per person and per vehicle basis. A 1985 study performed by the Federal Highway Administration developed adjustment factors for average weekday vehicle trip rates for residential land uses and their associated demographic characteristics, including household size and vehicle ownership. Table 3 Tri Generation Ad tantment Factors for Sin le-Fami Develo ments Cheralteris ie ~ ' "ushit&WT^ 7lliQ Avers 1-SousehOd Size Less Ow Two Persons .3.4 Average Nousehotd Size 2 • 3 Persons -11 Avers Household Sae Greater than Three Persons 0.0 Avers a Vehicles Owred Le.s than One • 1.5 Avers Vehicles Owned I •2 0.0 A era a Vehicles Owned Greater than Two r 2.9 k~rce US Department of Transportation, Federal Hlehway Administration, iX-vekyvrknt W.Wtcjtiaf a rn; Cuvratron Rates, January 1995 (adjustment factor to be added to averate weekday whicle trip gener6on rate per unit any comb na5on of adjustment factors may be applled), cited In ITE, rrp Getwo6ort Fifth Edition, 1991, p. 2S6, ! r' J. , Impact Fee Feasibility StudylOenron Texas { duncon ossoclates March 18, 1999 37. ' i D u 1 This kind of Information could be used to develop transportation Impact fees that vary by unit size, or at least by Borne characteristic that is correlated with unit size. Once such characteristic is the number of garages, which is a tangible manifestation of the number of vehicles owned. Jefferson County, Colorado's traffic Impact fee, for example, charges $1,207 for a single-family dwelling with a garage for two or fewer cars, and $1,604 for a single-family unit with a three-car or larger.garage, based on the adjustment factor from the TPE manual for households with three or more vehicles. The City of Greeley, Colorado, adopted road impact fees that wary by the size of the dwelling unit, also based on the ITE adjustment factors shown above and Information on the size of single-family units, which averaged about 1,800 square fee. Table 4 Single-Family Road Im act Fees, Greeley Estimated Trip Rate Average Maximum Single-family Dwelling Site Adjustment Dally Impact Characteristics Ran Factor Trip Rate Fee More than 2 Vetdcles eater than 2,500 . fL 2.90 12.45 $1,377 Household 54e >3 1,500-2,500 .R 0.00 9.55 $1,057 House d Size < 3 less than 1,500 . R •2.60 695 Source; JanresDurxanandAssociates, Rardan &rtnodFeeSady&A0GyolGreeley,CbbwiADecember 1996. The examples cito i above represent about as much as can be done in the way of i i varying fees by unit sL a or related characteristics without some additional ! xal studies. PART III: REotONAL COMPETITIVENESS Many communities, even rapldly-growing ones, perceive themselves to be in some degree of competition with their neighbors for development. Consequently, it is typical for decision-makers considering the adoption of impact fees to have an interest In the impact fees their neighbors are charging. This information may affect whether the community adopts any impact fees, or at what percentage of the maximum level the fees are adopted. The City's recently-adopted water and wastewater impact fees are based solely on f the cost of central treatment/distribution facilities, but are already among the highest water and wastewater impact fees currently being charged in the slate. This W due to the relatively high water impact fee, which reflects the cost of the new lake Berl Impact Fee Feasibility StudylDentcxt Texas cluncen assoclotes March 18, 1999 t Roberts Water Treatment Plant, as well as the Improvements needed to tie that plant into the water distribution system. The combined fee of $2,527 per single-family unit is ? the highest in the region, according to a survey by City staff. A 1993 survey of water and wastewater impact fees In Texas, prepared by Rimrock Consulting Company, found that the highest combined fee in the state was $2,595 charged by Round Rock. The City Is currently in competition with the Upper Trinity water district for large tracts of land along its southern M. The Upper Trinity does not charge water or wastewater impact fees, and has mode some significant Investments in lines to serve the at act. While the City's current Impact fees provide an incentive for developers to seek water service from Upper Trinity, the fact that Upper Trinity has been mere aggressive than the City in installing lines In the area is perhaps a more important factor. Instead of deferring line fees to avoid creating more disincentives to developers, the City could take the opposite approach, and use the revenues from line impact fees in the growth areas to help fund un aggressive line extension policy, PART IY. SUMMARY AND RECOMMENDATIONS With respect to the line component of water and wastewater impact fees, the City needs to decide whether it is more important to keep fees as low as possible so as not to become less competitive for regional growth fi.e., not proceed with developing line impact fees?, or to recover growth-related costs in order to fund line extensions need to preserve its service area. If the City decides on the latter approach, the next decision is whether to assess line i, fees uniformly throughout the City's service area, as allowed by state law, or to divide it Into multiple impact fee service areas. W1dle drawing such boundary lines always poses some practical and political difficulties, we suggest that identifying a "served area" within which no line fees would be charged and a "growth area" that would he subject to line fees would be more consistent with the City's commitment to encouraging infill and redevelopm<.nt than a system-wide line Impact fee. It should be noted that development of the line component of the waterc.nd wastewater Impact fees should occur after the completion of the comprehensive planning effort that is currently underway. The g' r tilh forecasts by geographic area associated with the preferred growth scenario v be Important Inputs Into the development of a water and wastewater master plan, which in turn will bo used in the culculation of the line fees. Impact Fee Feasibftity StudylDenton, Texas duncan assoclates March 18, 1999 39. r u I I I i The density adjustment approach Is most appropriate in areas where the typical development pattern Is very low-density development occurring on the fringe or in ` outlying areas, and where the growth management policy is to encourage higher density and Hill development. This description does not appear to be very representative of Denton, where development pressure Is coming from the Dallas area and tends to be in the form of relatively small lot development. Consequently, the density adjustment does not appear to be very applicable to Denton. While transportation impact fees are not recommended at this time, in the event that I the City does pursue them, the City should consider designing them to promote Income progressivity and housing affordability by including variable fees for single- family units depending on the size of the divelling unit. This can be done with additional studies that establish the correlation between unit size and trip generation. These at, idles could either be direct trip generation studies of neighborhoods with different average unit sizes, or Indirect studies of the link between unit size and characteristics that are in turn related to trip generation, such as household size and trip generation. At j Impact Fee Feasibility Stud YlLYnton texas duncan ossoclafes March 16, 1999 40. t~ AM* N I Apndg -3 .91 ~eq AGENDA INFORMATION SHEET AGENDA DATE: March 23,1999 DEPARTMENT: Planning and Development CM1DCMIACM: Rick Svchla UUBJ~_ Receive a report, hold a discussion and give staff direction regarding implementation of the proposed land conveyance program. BACKGROUND The Land Conveyance Program was developed in response to recent legislation, allowing municipalities and other taxing entities to convey foreclosed property to nonprofit organizations for affordable homing development. House Bill 110, effective June 17, 1997, amended section 34.015 of the Texas Property Tax Code allowing the governing body of a municipality to provide for the manner in which land acquired by the municipality following the foreclosure of a tax lien in favor of the municipality may be sold to qualified nonprofit organizations to develop housing for low income individuals and families. The City's tar attorneys have reported that there are currently 2,134 delinquent tax accounts. Abase tax amount of S5s 1,437 is owed on these accounts. The base tar amount plus penalties and interest totals 51,184,162. Each year, the Land Conveyance program will put a small number of properties back on the active tax rolls. Over time, staff feels that this will make a significant contribution to the tax base. Linebarger, Heard, Goggan, Blair, Graham, Pena & Sampson, LLP, the City's lax attomeys, have agreed to foreclose on properties targeted by City staff for this program. Properties targeted would be those where the tax delinquency is considered uncollcctable. Proposed program guidelines establish the following; • Criteria used to determine nonprofit status and eligibility for the program; • Description and targeting of eligible properties; • Bidding Process; Definition of "low income" household; m Enforcement by means of deed restrictions; • Rcfercnces interlocal agreement and the procedures outlined therein. 1 he Legal Dcparuncnt has stated a conccm that the proposed program is baud on a reasonably new state statute and there have been no cases to date reviewing the constitutionality of allowing only non-profit organizations to purchase property Page 1 a c: i foreclosed by a city pursuant to a delinquent tax Lien. It was noted that until the courts review the matter, the City could argue that it has a good faith defense to any litigation since the City is relying on a state statute in pursuing the program. If City Council indicates further interest in Implementing the program, staff will approach representatives from Denton County and the Denton Independent School District and request their participation In the program and approval of the interlocal agreement. Staff will return to Council for final approval of the interlocal agreement and program initiation. ESTIMATED SCHEDULE OF PROJEC Staff will initiate discussion with the other taxing entities immediately and return to Council with additional Information and/or a request for formal approval of the program in April or May. PRIOR ACTIOSV/REVIEW (Council. Boards. Commissions) The Land Conveyance Program was introduced to City Council at the September S8t work session. At that time, CouociI expressed the desire to obtain more information and review the program more closely. FISCAL INFORMATION Denton County I lousing Finance Corporation t coding Ir. the amount of S 9,800 is available to provide any maintenance and court wets that may be incurred on each property. Staff intends to keep these costs to a minimum by foreclosing on only those properties targeted by local nonprofit organizations and conveying them Immediately after the City takes possession. Costs incurred during the possession of the property, up to S500 eill be recaptured when the property is sold. Tlx Community Development Division will administer the program without any Increase in staff. BID INFORMATION NIA MAP N/A Respectfully submined: Dav ill r~ rector of Planning and Development Page 2 6 Prepaied by: Bar a Ross Community Development Administrator Attachments. Draft Land Conveyance Program Ouidelines, pages 4-9 Draft Interlocal Agreement Between Taxing Fathies, pages 9.12 List of Target Properties with Current Tax Information, page 13 i i t AO r l tr' ~ f Page 3 Mugu u i I ' a{ DRAFT CITY OF DENTON LAND CONVEYANCE PROGRAM PREPARED FOR CITY COUNCIL REVIEW, MARCH 1999 nommom~ Criteria and Procedures for Sala of Tax Foreclosed and Abandoned or Seized Properties to Non-Proftl Corporations SECTION I PURPOSE I On June 1, 1994, the City Co! rncil approved the 1994 Combined Final Statement of Communh,.1D-evelooment %lectives and Protected Use of Funds ands HOME Proararp Statement, The approved document included development of an affordable housing prograrn designed to construct new housing units on Infll lots in existing neighborhoods. The Land Conveyance program uses vacant, ! abandoned properties acquired through the tax foreclosure process to support neighborhood revitalization and the development of affort .ble housing by local nonprofit organizations. The following program design Includes procedures for the sale of tax foreclosed and/or seized properties, and qualifying criteria h r participating organlzations. To for the private sale of tax foreclosed or seized properties by the City of ff allow Denton to qualified non-profit organizations In support of local affordable housing programs and in furtherance of the public purpose of Increasing the supply of affordable housing In the city. SECTION If DEFINITIONS i 1. Eligible Non Prod Organization; Participation In the private sale of tax foreclosed or seized properties for sale to the public by seated bid, shall be limited to certified Community Housing Development Organizations (CHDOs) and nonprofit organizations as described in 26 USC Sec. 501 (c) (3) and ' nonprofit organizations seated by Texas law. 1 1 ` c' Page 4 i An organization must also meet the following criteria and be certified as a participating nonprofit organization in the City of Denton's Land Conveyance Prog ram. A community-based organization evidenced by at least fifty-one percent (51 of community residents on the board of directors; a An organization with articles of Incorporation, charter or bylaws that demonstrate a primary organizational goal of provision of affordable housing for low and moderate Income persons; i • An organization recognized by the Internal Revenue Service as a tax- exempt organization; • An organization current on local lax obligations, as verified by the Tax Division of the Finance Department; + An organization that has been Incorporated in the State of Texas for at least one year; and, An organization that has a satisfactory record in leasing, acquiring, building or rehabilitating residential property and selling or conveying the property to low Income households for two years preceding their request for program participp ;on. 2. Eligible Property: Properties that have been 'struck off" to the City following an unsuccessful attempt to obtain the minia,um bid of the lesser of the judgement amount or the market value in a sheriffs sale after appropriate filings and notifications. 3. lnlerfocal Agreement: Agreement among the City of Denton, Denton County and the Denton Independent School District In regard to the sate of properties under the G!y of Denton's Land Conveyance Program Guidelines. 4. Low Income Household. A household with an annual income that does not exceed 80% of tho area median Income with adjustments for family size as determined and updated by the U,S. Department of Housing and Urban Development. 5. Qualified Bid: Bid proposals by eligible nonprofit oplanizations that include , the following: 1 A minimum bid that is no less than the court fees and maintenance N costs on the property during the foreclosure process and the City's trusteeship or $500.00 whichever Is less. Ii. A plan to develop the property as affordable housing. Page 5 i f IT A timeline showing the commencement of construction, completion of construction and sale of the unit. iv. Evidence of area residents' approval or a citizen participation plan with documentation of efforts to involve citizens in the organizational plan,iing process. V. Project financing information. i 8. Targeted Property: Specific abandoned and distressed properties that have been requested by nonprofit organizations to be Included in the program. 7. Tax Resale without Warranty: The legal Instrument used by the City to quitclaim its Interest and that of all the other taxing entities In the property to an eligible nonprofit organization. SECTION Ill PROCEDURE Nonprofit Organlzatio,t Activities: 1. Qualified nonprofits may submit a letter of Interest regarding the availability and opportunity to bid on tax-foreclosed or seized properties to the City's Community Development Division. Attached to the letter Oil be documentation that the organization meets the criteria for participation in the Land Conveyance Program. 2. Certified organizations may target specific abandoned properties and request that the City , -srisider instituting tax foreclosure prooeadings on these. 3. Notifications of private sales and minimum bids will be sent to each certified organization. Notifications will Include information on the lowest acceptable bid and the final bid submission date as determined by the City. 4. It Is the responsibility of the nonprofit organization to select the title company, provide any required closing documents, pay a!I costs associated with closing and arrange for the closing on the property, 5. On an annual basis, or more often if requested by the City, participating organizations that have acquired one nr more properties under the City's Land Conveyance Program, must provide documentation that the units meet R the City's affordable housing requirements. Documentation will Include Information confirming that rehabilitated or constructed units have been sold or qualified low Income households. Page 6 ti Emedy Assessment: 1. Based on procedures outlined In the intedocal agreement, City staff will notify, the other taxing units that have claims for delinquoiN taxes, penalties, Interest and other amounts owed against spy eted property, that the property Is under consideration for use as an affordable housing property. 2. The City will follow guidelines as approved In the Intedocat agreement to determine the parameters for accepting a purchase amount from qualified nonprofit organizations at a private sale that Is less than the market value of the property as stated in ft judgement, or the judgement/tax warrant amount. 3. Tax foreclosed or seized propertles eligible for private sale without further City Council action must meet the following criteria; Accrual of a minimum of six (8) years of unpaid taxes e Vacant or distressed for over ono year a Denton Central Appraisal District valuation set at $35,000 or lose Private sates of all other properties will require City Council approval. I Sidding Process: 1. Community Development Division staff will certify that each organization meets program criteria and maintain a roster of approved organizations. 2. After notification of private sales, eligible nonprofit organizations rvay submit a qualified bid to the Community Development Division of the Planning and Development Department. Bids must be submitted within 16 days of Initial I notification to 100 W Oak, Suite 208, Denton, TX 76201. 3. All projects must comply with the City's current land use regulations. In the absence of an approved timeline, the project must be compl*d and the unit sold to a qualified households within 24 months of the date of end of the redemption period on the property. 4. In the event competing proposals are submitted by mores Nian one qualified nonprofit organization for the same property, the proposals will first be evaluated based on the following: 1, completeness of the information Included (see item 4 above), tl, the goal of affordable housing production, and Iii. compatibility with the City's HOME and CDBO housing programs. 5. A lottery system may be used when necessary to convey a property. , lt~~ v Page 7 i I lt DeEd RestrkNons: Upon approval by the City Council, a tax resale deed without warranty will be prepared. The tax resale deed without warranty will oontaln de td restrictions appropriate to ensure compliance with State prescribed redomption periods, the proposed development timetable and with the proposed end use, for a minimum of five years following completion of construction, as reviewed and approved in the proposal I i r f r~'~ ; c Prue 8 DRAFT I 1NTERLOCAL AGREEMENT BETWEEN TAXING ENTITIES FOR SALE OF TAX FORECLOSED AND ABANDONED PROPERTIES FOR URBAN REDEVELOPMENT PREPARED FOR CITY COUNCIL REVIEW, MARCH 1999 This agreement Is made by and bctv,een the City of Denton, hereinafter called "City", Denton County and the Denton Independent School District. WHEREAS, many properties in the City are abandoned, poorly maintained and owned by person(s) who refuse to pay property taxes that have accrued on such properties, WHEREAS, properties that fait to receive an acceptable bid at the. tax foreclosure sale are currently sold to a tntst operated for the benefit of the aforementioned taxing entities, with City as the trustee, WHEREAS. some of thr. abandoned properties that fail to receive an acceptable bid at the tax foreclosure sale are currently held in trust by the City for an Indefinite ah-unt of time, WHEREAS, some of these abandoned properties could be used for the construction of affordable housing, but use therefore requires pushase of the abandoned lots at a value below that of the tares owed or the market value established by the Denton County Central Appraisal District, which may be only be done with agreement of all taxing entities. WHEREAS, the City of Denton, County of Denton and the Denton Independent School District have the authority to perform the acts set forth in this Agreement individually and in accordance with TEX. GOV'T CODE ANN. 1791,011 (c)(2) and TEX. TAX CODE ANN. j 34.031; and WHEREAS, the acts to be performed will not require any payment and the County of Denton and the Denton Independent School District will be fairly compensated for any services performed through taxes on redeveloped properties; and WI IEREAS, Denton County and the Denton Independent School District may consent to the City of Denton to resell tax foreclosed property for less than the market value specified in the judgment of foreclosure or less than the total amount of the judgments against the property and consent to the conveyance of such property pursuant t fo TEX. TAX CODE ANN. 134.031(a); and NOW THERFORE, the parties agree as fol lows: Page 9 e 1. If property located in the City of Denton has been "struck off' to the City after failing to receive an adequate bid at a tax foreclosure sale then the trustee may sell property to an eligible nonprofit corporation for an amount not less than the minimum bid amount issued in the request for bids. For the purposes of this agreement an "eligible nonprofit corporation" is one that meets the standards set forth in the City of Denton Land Conveyance Program Guidelines, hereby attached as Exhibit "A". 2. The purpose of the Land Conveyance Program is to support local affordable housing programs in furtherance of the public purpose of increasing the supply of affordable housing in the city. This purpose is Included as a priority in the City's Consolidated Plan for Housing and Comrrunity Development serving as the city's utbar redevelopment plan outlining this and other redevelopment strategies. In order to fulfill such purpose, the policy of the City is to encourage the construction of high quality, affordable housing on abandoned and deteriorated properties. 3. This interiocal agreement eonce.ns only tax foreclosed property that has been either vacant or distressed for over one year, has a valuation set by the Denton Central Appraisal District at $35,000 or less mind has a tax delinquency of six (6) years or more, 4. The properties purchased pursuant to this agreement will be used only for a purpose consistent with the City's urban development plat (Consolidated Plan) that is primarily aimed at providing housing for families of low or moderate Income. 5. The principal goal of this interlocal agreement is to provide an efficient mechanism for returning deteriorated or unproductive properties to the tax rolls, enhancing the value of ownership to the surrounding properties, and improving the safety and quality of I; c In deteriorating neighborhoods. 6. All properties sold pursuant to this agreement will be subject to any applicable rights of redemption. 7, Denton Cotmty and the Denton Independent School District agree to consent to the revil of tar foreclosed property by the City of Denton for less than the market value specified in the judgement of foreclosure or less than the total amount of the judgments agaitst the property and consent to the conveyance of such property by the City of Denton as long as the conveyance is consistent with the pu pos.d of the City of Denton's urban redevelopment plan and the terms of this agreement. g. The City of Denton agrees that any tax forcJosed property resold pursuant to this agreement shall in the decd of conveyance refer to or set forth the applicable terms of the urban redevelopment plan. ~ a 9. Any changes in the time frame, character, agreement provisions or obligations of the r parties hereto shat I be enacted by written amendment executed by all parties. Page 10 10. In case one or more of the provislons contained in this agreement shall for any reason be held Invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof and this agreement shall be constmed as if such Invalid, illegal and or unenforceable provisions has never been contained herein. 11. This agreement shal I be effective Immediately when executed by the representatives of all parties and shall be effective until termination. This agreement may be terminated at any time by any party by delivering a notice of termination to all other parties to this agreement. This agreement shall cease to be effective upon termination; however, termination shall not affect the validity of any sale that occurred prior to termination. IN TESTIMONTY HEREOF, the parties hereto have caused this Agreement to be executed by their duly autliorized representatives. CITY OF DENTON MICHAEL W. JEZ CITY MANAGER Date .ATTEST JENNIFER WALTERS, CITY SECRETARY Date APPROVED AS TO FORM: i HERB PROUTY, CITY ATTORNEY Datr DENTON COUNTY JF F } h1t)5ELEY, COUNTY JUDGE Date Page 11 c c, ATTEST Date APPROVED AS TO FORM: Attorney for Denton County Date DENTON INDEPENDENT SCHOOL DISTRICT i I Date ATTEST Date APPROVED AS TO FORM: Attorney for Denton Independent Date School District Page 12 II ,r TARGET PROPERTIES LAND ASSEMBLY PROGRAM The following list of properties that would be good candidates for affordable housing construction. The list Is rank-ordered with the highest priority for acquisition at the top of the list. ADDRESS TAX ACCT YEARS DUE TAXES & NUMBER P& I OWED 818.826 Wilson Street 32803 1978.1989 :10,184.00 732 Wilson Street 32768 1978.1998 $1,148.31 1112 E. Hickory Street 30141 loss-1998 $1,291.16 1122 E. Oak Street 79701 19 T 8.1998 $4,558.36 t w 409 MITI Street 27559 1978.1998 $39418.12 1117 Paisley Street 33660 1978.1998 $5,351.87 814 Martin Street 35170 1979.1998 $889.87 520 Martin Street 35163 1979.1998 $862.93 524 Martin Street 35161 1979.1998 $1,230.20 811 Cook Street 27604 1978.1998 $118C9.66 805 industrial 36263 1988.1998 $1,025.47 Total Delinquent Amount $31 827.95 " A judgement has bean recorded on $10426 Wilson Str.N. Than an no pending lawsuits and no additional judgements recorded. i AGENDA INFORMATION SHEET ApaMs No. ~ Ao* Nrr WS *A AGENDA DATE: April l4, 1998 DO- .5-LI-W DEPARTMENT: Planning Department DCM: Rick Syehla, 349-7715 F46 i;tl JEU Annexation Report. Receive a report, hold a discussion, and give direction to staff with regard to the possible annexation of two tracts of land and a request from the City of Argyle to release land from the City of Denton Extra-Territorial Jurisdiction (ETJ). 1. Trinity Meadows. Approximately 80.7 acres south of McKinney Street (FM 426) near its Intersection with Trinity Road. A manufactured housing development is proposed. 2. Mesquite Meadows. Approxin:alely 100.2 acres north of Loop 288, between Stuart and N. Locust Streets. Subdivision into two large lots is proposed. No specific development proposal has been stated. 3. Release or ETJ. An area between Argyle and Bmtonville, south of FM 407. The cities of Argyle and Bartonville have agreed on a plan to annex tracts of land between their cities, iL.cludirg a tract of land currently designated as City of Denton ETJ, Division 2. BACKGROUNl1 Two recent applications for preliminary platting in the City's ET) have raised the question of possible annexation into the City in order to more directly manage their development. In addition, the City of Argyle, on behalf of itself and the Town -wf Bartonv'slle, has requested the release of land from the City's ETJ. The h.vo possible annexations: 1. Trinity Meadows. Approximately 80.7 acres south of McKinney Street (FM 426) near its intersection with Trinity Road. A manufacturedhousing development is proposed. 2. Mesquite !Meadows. Approximately 100,2 acres north of Loop 288, between Stuart and N. Locust Streets. Subdivision into two large lots is proporxd. No specific development proposal has been stated. Tl:e proposed release of ETJ: 1. Release of FTJ. An area between Argyle and Bartonville, south of FM 407. The cities of Argyle and Barionville have agreed on a plan to annex tracts of land between their cities, r A including a tract of land currently designated as City of Denton F.TI, Division 2. f~ 1. . f a Trlnhy Nleadows. This property is located in east Denton, south of McKinney Street (FM 426) near its intersection with Trinity Road A portion of the property is within the city boundary and zoned Agricultural (A), while the balance remains outside the city boundary in Division 1 of the city's ETJ. The portion outside the city has no zoning classification, but is subject to the city's subdivision and land development regulations. A preliminary plat subdividing the tract into 4 lots has been submitted for City approval. The plat was first considered by the Development Review Committee on March 4, 1999. No timeline for consideration by the Planning and Zoning Commission has been established. It is likely that the preliminary plat could meet city requirements and be approved prior to the completion of any annexation proceedings if pursued by the Council. As submitted, the site plan creates 331 Individual manufacturcd housing spaces, yielding a gross density of 4.1 housing units per acre. Approximately two-thirds of the proposed spaces are designed to support double-wide manufactured housing units. While the proposed site plan appears to meet many of the city's requirements established In Chapter 32 of the Code of Ordinances, unless the entire tract Is annexed into the city, there is no way to assure that these standards will ultimately be achieved as the property Is developed. One lot is platted so that is encompasses all that portion of the subject tract that is within the current city boundary. Another lot is platted thW is partially within the city. No development Is currently proposed on these lots. The Growth Management Strategy (GMS) recently adopted by Council indicates that this is a targeted area for residential neighborhood development with a targeted density of 3 to 4 units per acre. Net of the two lots adjacent to McKinney which encompass the area within the current city boundary and for which no current development is proposed, the yield of the development Is 4.4 manufactured housing units per acre (331 units on 74.681 acres). The GMS is quiet with regard to the issue of manufactured housing. Rather, the WAS suggests allowing a diversity of housing types, styles and costs within neighborhoods and allowing a mix of compatible uses within neighborhoods. The staff seeks direction from city council with regard to annexation. If it is the Council's desire to annex the subject tract into the city, it may direct staff to prepare an annexation petition and establish an annexation schedule leading toward Initiation of annexation proceedings. Mesquite 1lleadows. This property is located In north Denton, north of Loop 288, between Stuart and N. Locust Streets. A portion of the property is within the city boundary and zoned Agricalturai (A), while the balance remains outside the city boundary in Division I of the. city's EN, The portion outside the city has no zoning classification, but is subject to the city's subdivision and land developmen; regulations. A preliminary plat subdividing the tract into 2 lots has been submitted for City approval. The plat was rirst considered by the Development Review Committee on March 4, 1999. No timeline fur consiJeration by the Planning and Zoning Commission has been established.. It is likely that the preliminary plat could meet city requirements and be approved prior to the compl ion of any annexation proceedings if pursued by the Council. No proposed use of the land has been specified One lot of 14.7 acres is entirely within the city boundary and the other lot of 83.1 ' acres is entirely outside the city boundary. The applicant has made previous inquiries about t manufactured housing opportunities around Denton. As submitted, the two lots could be developed as a manufacturing housing development. The 14.7 acre lot within the city boundary and zoned Agricultural would require a Specific Use Permit and compliance with Chapter 32 of the Code of Ordinances. Once platted, the lot outside the city could be developed without further zoning and putting consideration and without Chapter 32 requirements. 2. I a n The Growth Management Strategy (OMS) recently adopted by Council Indicates that this is a 4 targeted area for commercial land uses (near the N. Locust and Loop 288 intersection), parks (near the Stuart and Loop 299 Intersection) and residential neighborhood development (north of the commercial and park areas) with a targeted density of 3 to 4 units per acre. The OMS is quiet with regard to the issue of manufactured housing. Rather, the (3MS suggests allowing a diversity of housing types, styles and costs within neighborhoods and allowing a mix of compatible uses within neighborhoods. The staff seeks direction from city council with regard to annexation. If it is the Council's desire to annex the subject tract into the city, it may direct staff to pre;4re an annexation petition and establish an annexation schedule leading toward Initiation of annexation proceedings. Requested Release from Denton ETJ,. The City of Argyle and Town of Bartonville have entered into an agreement with regard to annexation of land between the two city boundu{es. A portion of the agreed upon area is within the City of Denton ETI. Division 2. Division 2 ET) would be subject to Denton County development standards. Staff seeks direction with regard to this proposed release of land from its ET) In the Bartonville - Argyle area. If it the Council desire to release this land from Its ETJ, it may direct staff to prepare a resolution to that end. City Council on January S, 1999, approved the release of about 36 acres in this same area so that it could be annexed by the Town of BartonvilIt. PRIOR ACTION 1 UVIEW (Council. Boss 4L_C2mm1u1U1) There has been no prior action or review of these proposals by other Boards or Commissions. FISCAL INFORMATION At this time, there has been no fiscal analysis prepared. For all annexations a Service Plan and Annexation Study are required. ATTACHMENT 1. Location Mans - Trinity Meadows and Mesquite Meadows 2. Annexation Schedule 3. Location Miip - Request to Release ETJ 4. Letter from Yvonne Jenkins, Mayor of Argyle 5. Appoiliortment Agreement Respectfully submitted: David Hill Director of Planning and Development L Pre ared Y. ~ i AjA l . Mar Donaldson Assistant Director, Plarning and Development 3. c~ u Attachment 1.1 LOCATION MAP Trinity Meadows i L. ~I 1. I J may` ' , I• 1 n Wall l 1 1L' '1 .i SITE I 4. v u Attachment 1.8 LOCATION MAP Mesgc it* Meadows E SITE i 111 i 1 S.' J E I t 6 p O!,\ s. C• c. I Attachment 2 t.. PROPOSED INVOLUNTARY ANNEXATION SCHEDULE: TRINITY MEADOWS & MESQUITE MEADOWS SUBDIVISIONS RVIledmL.Chle, loop Saturday, March 27d' Notice published in Denton Record-Chronicle for both City Coune' I public hearings. Tuesday, April 6d' City Council conducts first public hearing. • Public notice must be no lrss than 10 days and no more than 20 days before public hearing. a Annexation Study prepared and available for public review. a Service Plan prepared and available for public review. Sunday, April 0 Notice published in Denton Record-Chronicle for Planning and Zoning Commission public hearing. Wednesday, April 140' Planning and Zoning Cor,mission holds a public hearing and considers making a recommendation to the City Council regarding the proposed annexation snd the proposed zoning. • Public notice must be no less than 10 days before public hearing. Tuesday, April 206 City Council conducts woad public hearin • • Public notice must be no less than 10 days and no more than 20 days before public hearing, Tuesday, May I Id' City Council by a four-fifths vote institutes annexation proceedings. First reading of annexation ordinance, • Action must be more than 20 days after the second publiq hearing but less than 40 days from the first public hearing. Sunday, May 16°' Publication of annexation ordinance In Denton Record-Chronicle, Tuesday, June 22nd City Council by a four-fifths vote takes final action. ;mod reading and adoption of the annexation ordinance, City Council considers approval of zoning request, • Council action must be more than 30 days after publication of ordinance and less than 90 days after council Institutes ✓ ! t~ annexation proceedi igs. t J,- f • SpeelaI Called Meeting (sebeduled Work Session) 6, t~ Attachinent 3 LOCATION MAP Release of ETJ to Argyle s r I ) I y w ~ %L ~ d Denton u` t, I I rD c r ri . f 4 ` Arp1e I ~ r Sit T>~, a<r ! ` Subject ft` r~z. p~-('•' Y~ _ Property M~ t f « t., Ga In ~ .7 r j r I f . 7. i U i i vary or ATTACHMENT 4 KYLE March 12,1999 Mark Do,,dldson, Senior Planner City of Denton City Hall West 221 N. Elm Denton, TX 70201 RE. Demon's ETJ Fm 407 at FM 11130, Argyle, TX Dear Mr. Donaldson: Thank you so very much for visiting with me relative to the release of Denlon's Extra Territorial Jurisdiction (ETJ) to the City of Argyle and the Town of Bartonville. Sorry that I missed you when I delivered the Apportionment Agreement, field rates and map of the area. Both We and Bartonvllie are very appreciative of th• oooperation we have received from the City of Denton over the past years relative to this situation. As we discussed, It Is very Important that thls agreement Is Nvorked through the system' as aocn as possible, It is my understanding that this recto t :WII be presented to the CRY of Denton's Planning and Zoning Commission on March 24, 1009 and will be o0nsldered by the City Council on April B, 1090. 1 think we all are aware that the Taxes Leglslature is in session and It would be advantageous to all entitles to have this behind us before the Session ends In Austin. As I mentioned in our phone conversation, we have yet to receive a copy of the signed Resolution releasing approximately 36 sores of land adjacent to the Town of Vartonville belonging to Saddiebrook I Estates LP, If you could check on that t would be graleful. Again, thank you for your attention to this matter. If you have any questions please feel free to contact me at (940) 464.7273. ayor interely v ne A. Jenkins CC: Annemarie Moore, Town Secretary, Bartonville Mike Je:, Denton City Manager City of Denton Mayor and Councllmembers City of Denton PU Commission Members :46 N. Hwy. 377 s PA. Box 609 a Argyle, Texas 76126 City, Hell: 940464.7273 a raesimilee940-464.7214 0 P t3 rtmen1:940464.7254 4 Municipal Court: 940464.7235 c, s ATTACHMENT 5 STATE OF TEXAS 4 APPORTIONMENT AGREEMENT COUNTY OFDENTON I This agreement, entered h ;o this / ' ! day of March, 1'999, by and between the CITY OF ARGYLE (heteafter referrec :o as" Ar gyle"} and the TOWN OF BARTONVILLE (hereafter referred to as "Bartonville'), bod, ;,arties ueing Type A Herter all Law Cities and political subdivisions organized and existing under and by virtue of the laws of the state of Texas and acting herein by and through their duty authorized Mayors for the purpose of designating a line of extraterritorial jurisdiction WIiEREAS, the parties hereto are geographically located in proximity to each other in the County of Denton, State of Texas; and NWEREAS, the extraterritorial jurisdiction of the Town of Bartonvitle and the extraterritorial jurisdiction of the City of Argyle, as established by the Municipal Annexation Act, Local Government Code 42.021, overlap; and WHEREAS, it is to the mutual advantage and benefit of the parties hereto that Bartonville and Argyle mutually agree to designate and apportion a crrtsin boundary line or line of extraterritorial jurisdiction wWci line would be mutually contiguous to the corporate limits of both parties ind adjaeera thereto; and WHEREAS, in effecting such apportionment there has been considered by both parties the . population densities, patterns of growth, transportation, topography, land utilization and ability to provide service and facilities within the respective municipalities concerned, and within such overlapping and contiguous area; NOW, THEREFORE, In consideration of their mutual covenants, benefits, and the 'eliance of each thereon, the parti'as hereto covenant and agree as follows: A The fine described by the field notes set forth herein and as Cepicted on the Apportionment Map attached as Exhibit "A", shall become the South and East line of apportionment and the extraterritorial jurisdiction limits for the City of Argyle affecting a!1 overlapping and contiguous extraterritorial Jurisdiction between Argyle and Bartonvilie, and the extension of the / corporate limits of both. Page 1 of $ APPORTIONMENT AGREE NT rNAMLIyfT1MVCAA lA1UlrM0YLlC1tDdANCf AIIAOAI W CM 4, I it V ~ DECIINNING at a point In the north right-of-way line of Fdo! 407 and the west right-of way line of RM. 1830; THENCE South it distance of 90 feet to a point in the south right-of-way line of F.M. 407; THEMM West with the so:ith right-of-way line of F.M 407 a distance of 583.8 fat to a point for a corner, said point bong the northwest corner of it 5.0 acre tract Identified as Denton County appraisal District (DCAD) Tract 12 in the W. Blaylock Survey A44, said point also being the northeast comer of a 10.0 acre tract Identified ►s DCAD Tract 11; THENCE South 00' 20' E, a distance of 2,009.43 feet to a point, said point being tF.e southeast corner of a 3.0 acre tract identified as DCAD Tract 29; THENCE N 89' 40' 42" W a distance of 650.16 fat; THENCE S 00' 29' 56" W a distance of 671.19 feet, THENCE N 89' 55'23' W a distance of 651.82 feet; TI[ENCE N 00' 19' 36" E a distance of 335,94 feet; THENCE N 89' 50' 20" W a distance of 648.09 feet; THENCE S 00' 19' 40` W a distance of 336.89 feet; THENCE N 89' 41' 50" W a distance of 242.68 feet; THENCE N 00' 371530 W a distance of 97.74 fat; TIILNCE S 89' 45'25" W a distance of 741,93 feet, said point also being the southeast corner of lot 19, Block A, Roiling Acres estates, an addition to the City of Argyle, I THENCE S 00' 05' 38" F a distance of 1025.75 feet, said point also being the southeast ~ comer of lot 1, Earl Cochran Addition, to the City of Argyle, and the southeast corner of the S.A Chambers Survey A•308; THENCE West with the sou a line of said S.A Chambers survey A•308, passing at 934 feet more or less, the northwe s comer of the S. Uzenby Survey A-767, passing at 2,254 feet, more or less, the northwest comer of the M. Tucker Survey A•1255, continuing for a total distance of 7,630 feet, more or less to a point, said point being at the intersection of the center A lines of Frenchtown Road and Teter Road; t;•; c APPORTIONMENT At7REEMENT Page 2 of 5 nwrux Mrmmvclruurc uonca~cc+~xcrur~oRausxr 10, Islas e THENCE South with the centerline of 3eter Road, said line also being the west line of the N. Allsup Survey A-3 and the east line of the 0, Cardinas Survey A-216, a distance of 2,802 feet, more of less to a point, said point beinj thy, southeast corner of the 0. Cardinal Survey A-216; THENCE West with the south line of the 0. Cardinal Survey A-216, said line also being the north line of the P. Wiles Survey A-1339, a distance of 4,261 feet to a point, said point being the northwest corner of a 84.49 acre tract identified as DCAD Tract i in the P. Wiles survey A- U39, THENCE South a distance of 1,988,89 feet to a point, said point being the southeast corner of a 47.26 acre tract identified as DCAD Tract 3 in the P. Wiles Survey A-1339; THENCE West with the south tine of said 47.26 acre tract a distance of 1093.4 feet to a point, said point being at the southwest corner of said 47,26 acre tract, said point also being In the west line of the P. Wdes Survey A-1319 and the east line of the F. Thornton Survey A. 1244; THENCE South a distance of 1,446.3 feet, more or less, to a point, said point being the southeast corner of the F, Thornton survey A-1244; THENCE West with the sough line of the F, Thornton Survey A-1244 a distance of 1,223.4 feet to a point, said paint being In the east right-of-way line of U.S. 377. 8. Any prior or previous lines of extraterritorial jurisdiction affecting common / boundaries, overlapping areas or contiguous unincorporsted areas adjacent and common to acid 1I municipalities is hereby deemed null and void and of no lUrther force or effect, being hereby preempted by the Iine delineated and described by the field notes set forth herein C Pursuant to the execution of this agreement Bartonville and Argyle represent that neither party has previously released the extraterritorial jurisdiction that is being released by each 1 party herein D. Bartonville agrees that Argyle shall have the sole exclusive and undisputable right to annex Noah to and West of the described line, and to that extent relinquishes its statutory extraterritorial jurisdiction to Bartonville to long as this agreement remains in force. E Argyle agrees that Bartonville shall have the sole exclusive and undisputable right to , annex South to and East of the described it te, and to that extent relinquishes its statutory extraterritorial jurisdiction to Battonville to long as this agreement remains in force, r APPORTIONMENT AGREEMENT Page 3 of S nuu ur stn rnauuuv uontora*svctur~nsunrrr 11. c~ 1 t , I III ~I F. A copy of this agreement shall be recorded in the Deed Records of Denton County, Texas, and shall be further available to the public through the undersigned municipalities. 0. Argyle and Bartonville shall enact Ordinances disannexing etWor releasing extraterritorial jurisdiction in the area agreed to be the exclusive annexation jurisdiction of the other pursuant to the agreement contained herein. H. Bartonville hereby releases All present and future claims to annex any and all territory North and West of the described line without the prior written end duly authorized consent of the City Council of Argyle. This release is forever binding upon the present Town Council and any future Town Councils. 1. Argyle hereby rcieav.s all present and future claims to sruLex any and all territory South and East of the described line without the prior written and duly authorized consent of the Town Council of Bartonville. This release Is forever binding upon the present City Council and any future City Councils J, This agreement may be amended from time to time with the express and duly authorized consent of both parties. K. It will be considered a substantial and material breach of this agreement if the extraterritorial jurisdiction released herein by both parties is subsequently released to any other person or entity, Both parties retain all legal remedies to contest such a breach IN WITNESS WHEREOF, this Agreement has been executed the day and year first above written, by the parties hereto throupt, their respective mayors after being duly Authorized to do to by a valid I and binding resolution enacted by the respective governing bodies of both municipalities. Such execution is an official action of the municipalities and is binding In perpetuity upon their future governing bodies. X, &41 JE S YOR NE A OFAROYL AITO (Seal N~ l ! Y ATTEST: .A fj WyrOF ME AN, TMIC r CITY SECRETARY 4~' r> APPORTIONMENT AOREE.NMUT cxuaur rt~amnc uce r uanrocne+tirce~rrnoucwcrer Page 4 of 3 J2, I U lawo LEE LAZARUS, MAYOR TOWN OF BART LE ATTEST: o0/ 1 lelo MOOM-13 MOORE, TOWN SECRETARY TOWN OF BARTONVILLE i APPROVED AS TO LEOAL FORM: T Y L, HAERTLLNO. ATTORNEY IQ ORNEY CIT OF AROYLE TOWN F BARTONVILLE ti APPORTIONMENT AGREEMENT uuuu.,r vnmwv~RUweuianramaurcr,ur,~aunma Pegg S Of S 13. f UU,r 'i ❑ Ina u, IN Coots .rrAl I L ~ J-r, / i r.. i II I u ~ r a. ~o/ ✓ } ,ell 4,11 - y' I i 1 9 'o 77 1 wl. / 1 --::,L~<r ( Apportionment Map J / Jonuory 1999 Figure , t i• i AP* AGENDA INFORMATION SHEET AGENDA DATE: March 23. 1999 DEPARTMENT: Economic Development Department ACM1t: Kathy DuBose, Assistant City Manager Fiscal and Municipal Services C 1tL JECT Receive a report, hold a discussion and give staff direction regarding the economic development program. BACKGROUND The Economic Development Director presented information on Denton's current economic development program at the January 121h City Council meeting, Council directed staff to return with additional information. A portion of the requested data was presented to Council at the February 9th meeting. The following completes the response for the requested information. Compreheasiye Comprrisoe Council asked that we provide additional detail and a more comprehensive comparison of other economic development efforts and organizational structures. The cities of Round Rock and San Marcos were specifically requested, Attachment A looks at seven other Tr. As cities, as they compare to Denton. a Structure Three other cities had economic development departments. Of those three, Carrollton and Grapevine had no Chamber economic development counterparts. The third city, Waco, has an economic development representative in the city manager's office Through the Waco EDC, the City of Waco provides funding to all three of its local chambers for economic development based on specific activities in business retention and recruitment. The remaining four communities have no city economic development departmet.a, and the economic development programs are ether economic development councils or chamber functions. • Funding,'Roles. Budgets vary from 590,000 to $1,75 million, as do the sources of ~r funds and responsibilities of the entities. t c 1 r. l' We believe the seven cities represent an overall view of Texas economic development programs, We found four basic structures: 1. Economic development corporations or councils; separate entities either located separately from the chamber and city offices or housed in the chamber of commerce building. Many times under the supervision of the chamber C EO. 2. A combination of City and Chamber programs (like our partnership). 3. As a part of the local chamber of commerce only. 4. As a part of the city organization only - either as a stand-alone department or as a division of the development scr,ices arco. No. No. No. o.4 Advantages Chamber City EDC Partnershi Only Onl *Businessrelenlion ro rams X X X Preparation o ro ess one mar etrn feces _ Not subject to open recor slopen meetings (Prospect confidentialityImportant to client) (Not X Sales Tar FDO) Highest Council control o budget an activities . (If A Sales X Far EDC) Avar a sty of geographic Information system (G IS) data for sites X X tg eat ere opment/tec n ca ass stance (resources of two or anizations) X Presents one "front door" to prospect Funding or staff maxim ze X Ability to compile most compreens ve materials (due to mum le resources) X Most n open ens o Cdy an am r interests X Best able to access volunteer resources A tit to Utt rze nter overnmenta serv c`s M A i__ ay~to mo r rze commumt support A iT toeducate community on economic development efforts X 'Cuff ent y, a City Economic ve opment Department coordinates t e business retention activities In Denton. However, all four structures are capable, Council has raised the question as to which format is most appropriate for Denton. Staff believes all four of the above structures are viable, each with certain advantages. i lt~ 2 li Markeling Efforts In the seven cities we contacted we see traditional marketing activities. We fuund no surprises or innovative programs here, Trade shows, marketing trips, trade missions, advertising, and marketing brochures were named as methods of marketing by the seven cities. With regard to target marketing, we found that most of the cities assess their current industries in town and market to similar or ancillary businesses. With the exception of Bryan-College Station EDC, which covers all of Brazos County, all of the other cities we visited had identified specific target industry, We found that most cities have given tax abatements - varying from one to twenty abatements, Policies also varied. Two cities waive development fees as an incentive to businesses, and several had established tax increment financing districts or enterprise zones. Some cities also provide loans or loan guarantees to prospects. Additionally, staff was asked to do some research, separate from the PI{H Fantuv Cluster Analysis, to determine specific target Industries for Denton. City and Chamber staff recommend four major focus areas based on: • Visits with other economic development organizations • Review of several economic development surveys • Visits with local industry • Visits with local developers • Review of industry trend articles We found that high tech electronics companies tend to locate together. In almost every instance where a community has a significant employment in this industry, there Is a major anchor company. A major anchor is considered a "must" for Silicon Valley tvannabees. Examples: Dell Computers in Austin and Round Rock; Hewlett Packard to Boise, Idaho; Lotus and Lycos in Boston; Novell in Salt Lake Pity; Microsoft in Seattle, Therefore, ue recommend that we do not spend a great deal of money or time In marketing to this industry at this time. However, should Intel announce anew date for opening a facility at Alliance, this industry would, of course, become a major target, We will, of course, always respond to location requests from electronic companies. Recommendation: Our recommended targets include: • Medical. With the recent opening of International Isotopes, Inc., we believe there is a tremendous potential for marketing pharmaceutical companies, medical services. medical equipment manufacturing, and high tech electronics as related to these fields. Also, in support of this target, is the fact that Denton Regional IfospiW will move into its new facility within the next year. The hospital has an additional 200+ acres to market. Working with the hospital Is a vital part of the marketing plan, 3 0 I ~ United Copper sister companies. We believe it is very important that we work with the parent company of United Copper, IUSA, to locate other sister companies on the 90-acre tract. IUSA is a very diversified corporation with divisions that manufacture everything from ball•pc:«t pens to blue jeans to cellular telephones. e Local Industry suppliers. Peterbilt Motors has moved toward "just-in-time" delivery as apart of its inventory management. It is beneficial for some Peterbilt suppliers to be very close to the Denton plant. City and chamber staff and a representative ofthe development community met with Peterbilt recently to discuss potential development. Peterbilt has agreed to identify suppliers and work with the partnership to bring them to Denton. We recommend that similar partnerships be formed with other major employers in Denton. Aviation. We agree with Council that the increase in activity at the Denton Municipal Airport indicates a growth trend. As aircraft traffic increases, the need for aviation services also increases. Aviation companies should be included in the target marketing efforts. Direct mail campaigns, sales calls and trade missions should revolve around these four areas. Enterprise Zones Lastly, we were asked to provide information on the possibility of establishing small enterprise zones in Denton. To answer Ns question with a qualified "yes" or "no" would re,{ul v a study by the Texas Workforce Commission to provide current unemployment and ixivcny statistics by Census block. Enterprise zones are blighted or undeveloped areas with an unemployment rate of at least 1.5 times the State average. Currently, Denton's overall unemployment is approximately 3.005 and the State average is 5.1%. Therefore, we would be looking for areas with an unemployment rate at least as high as 7.6515, N Enterprise zones must be a minimum of one square mile in size. I do not believe there are any areas within the City limits that will meet the qualifications. However, without performing the study, I cannot be certain. I would be happy to proceed with the study if it Is Council's desire, The entire process to establish an enterprise zone takes approximately three to four months. Additional Surveys 1 have included two economic development surveys (Attachments B & Q that I received r, after I presented my original information to you back in January. The purpose for including them isjust for your information. I I I h I ~t c: FISCAL INFORMATION i The partnership contract between the City and Chamber of Commerce will expire at the end of this fiscal year (October 1, 1999). EXHIBITS Attachment A: Comparison of Seven Cities Attachment W 19>g Growth Strategies Organization (GSO) Survey Report Attachment C: University of Wisconsin, Madison Survey Respectfully submitted: 1J, Linda Ratliff, Director Economic Development Department 1 a 5 0 c• ATTACHMENT A COMPARISON OF ECONOMIC DEVELOPMENT PROGRAMS Mirch 1999 Cuy Bu geVStructure Activsttes W--~-~ nton Population 74,000 City of Denton Economic Development Depl, reports to Business Relention Assistant City Manager, Fiscal & Municipal Services Developer Facilitation 4 Staff (dimanc, 2 professlonats, I secretary) Technical Assistance Largest employer: Prospem Facilitation UNIT $310,196 General Fund Prospect Recruitment (relail, commemel) University Liaison Public Relations International Relations Legislative Tracking Marketing (Develop and produce marketing and demographic brochures' hlets, Ci of Denton Annual Report) C am r o ommerce Economic Development Program. contract with ray or arcling Reports to Chamber of Commerce Pmldem and Econom a Site development Development Committee (made up of 4 city appointed prospect response memben and 3 chamber appointed member). Small business development center r Marketing Activities 2 StaM(Vice president and 1 proresslonat) a Trade Shows: Approx. 4 - none budgeted rot this fiscal year a Marketing Trips! To Canada, Boston area, Scathe (mart) calls made in Budget - $212,996 conjunction with trade shows) a S 56,491 Utility Fund a Direct Mail: To pharmaceuticals, trade show attendees a S 56,491 General Fund a Prospect referrals from: Greater Dallas Chamber, Texas Economic a $100,000 Private Sector Development Department, TU Electric, Lone Star, GTE a Targets: Although six Identified b/ PI III Fantus, focusing this )car on Nigh w tech electronics and medical (pharmaceuticals especially) Marketing Tools: a Tax Abalvata 25% for 2 to 10 years depending upon new valuation. $5 million threshold. (one abatement approved) a Freeport a Eiecirk utility discount a Water4mtt valor extension C a Grant$(PeterblltDivision) I V 1 r cr t, ATTACHMENT A COMPARISON OF ECONOMIC DEVELOPMENT PROGRAMS March 1999 City RaJoct.Structurt Activities Bryan -College Station Bryan - College Station EDC is responsible for dl The EDC performs all economic development duties except business rklentium economic development eR'uns in Bryan UJ College Station The EDC funds arcs chambers of commerce for business ret mliom elfurts. P1pulation and Bram County, Bryan- 62,250 Marketing efforts: College Station -60.1)00 The EW Board is made up of. 122,250 o S representatives from Bryan o Cut ,roily the majority of effort has been spent responding; to requests. a 2 representatives from College Station a Trade shows • 3 representatives from the County o Target marketing: EDC targets any type ormonufacturing, distribution, and Largest employer: a 2 from the EDC staff computer related Industries . They also target agricultural related businesses Texas A& M (Sanderson Farms located to Bryan this year). EDC budget: 5671,1N10 a $170,000 City of College Station Marketing bolt. a S 170,000 City of Bryan . Million. Usually scans at 7Mi o $110,000 Brains County • Tax abatement: minimum threshold of Ss a S 60,000 Bmuos County Industrial Foundation abatement, lowering each year after the second dow n to I0, i over $ to II • S 11,000 Other (private sector, other cities, etc.) years depending on amount of investment. (6 abatements granted to date) a Perromrance Based Financial Assistance: Provides cash Incentives from $13,000 to 565,000 based on capital Invalmenl (S2M minimum) or gross payroll ($250,000 minimum) a Developed land incentives: EDC owns land. Land provided to cumpon) based on either capital Investment or gross r4 roll (thresholds same as performance based financial assistance). • Loan and'oe k+an guarantees • Privuc activity bonds L_~Y • Walveeofmuncipalfeet l i ' I a u ATTACHMENT A COMPARISON OF ECONOMIC DEVELOPMENT PROGRAMS March 1999 City r B eBtructure Acuvlue'e s Round Rock Econemie development Is a function of Chamber of Marketing activities. Commerce, The President of the Chamber works with the a Used to go to 34rade ahows/year. No longer go. Population - 32,DDO City's Planning Department when h comes to incentives or a Make two marketing trips per year to California - one to southern CA and development process Issues. one to northem CA. The trips are organtud regionally. Largest Employee;, a Targets: For the most part they have targeted semi-eurrductor, computers, Dell Computers An Informal committee works with the Chamber CEO: high tech flrms. Now they are diversifying to telecommunications, catl Planning Director, City Manager, Mayor, Director of Public centers and biomedical fuzes. Works, and bireciof of Finance Marketing tools: Chamber Economic Development Budget • S IS0,00D: a Tax Abatement: No threshold (case•by-case). !lave given approximately a S SO,ooO City of Round Rock 20 abatements. Typical abatement: I Wk fat first & second years i a St00,000-Private seclor 7$% for third year 301.4 for fourth year 23% for fifth you s Sales Tax Rebetr Rebate percentage of sales tax to Dell Computm, a Walve development fees. Used to automallcotly waive fees for commerctal/induetrial development but now look at them w a casc-by-rau basis. a to ATTACFIMENT A COMPARISON OF ECONOMIC DEVELOPMENT PROGRAMS March 1999 Ctt ev5tructtrre Activt es Waco Economic Development Council is responsible for Marketing activities, recruitment. City staff person (in city manager's oMce) a Bade Shows, One every two months in conjunction with cwtis on Industry Population - 105,000 assists in program activities. In Wes a Target: No targeted Indusvles J Largest employer • Raytheon Ircentive budget Note: Have etiminated advertisements in devetrpmeni magazines. { a $730,000 City a $730,000 County Marketing tools: The City, County and EDC determine how this S I,$ million a Tax abatement (building - maximum Is 100% for S yeah and personal will be spent. property 30% reduced annually by 10% for 3 years). a Enterprise Zones EDC Budget a Import Tax Exemption j a $350,000 from the City Public Improvement District 11 Note: The two smaller chambers also receive a small a Tax Exempt Improvement District amount of funding based on specific proJati performance a Industrial Foundation w Ith 11,800 acres s nilable In two industrial parks. for retentlin and small business del elopnem. Y I 1 1 ' k I ATTACtIMENT A COMPARISON OF ECONOMIC DEVELOPMENT PROGRAMS March 1999 Clly Bu get/Sttvcture A-~c(Tttes San Marcus Economic Development Council is located at Chamber. Responsible for business retention, marketing and business recruitment Council responsible for all marketing and business population - 38,700 recruitment. Business Retention: Visit one new business each week. Largest Lrnployer: EDC Budget - $200,000 Marketing Activities: Southwestern University a $100,000 City of san Marcos a Marketing Trips: Make two marketing trips each )ear with regional group a S 20,000 County (same as Round Rock). Mayor and Council mcinhcrs go along sometimes. a S 80,000 private sector (Council travtl not in hls budget. City pays ) a Direct Mail: Does a great deal ordirect mail (When asked if they joi many results from direct mail activity, said not really, Ihls is pan urlheir business retentl m program. They ask taeel businesses to tell them what other businesses they went In town. It is a good business retention tool.) a Prospect Referrals: Utility companies are a major source ofpnsspcci referrals. a Targets: Warchouserdistribution (because of proximity to Austin) anu 9 anything else with higher than average wage. On California trips they rlsited variety of brnlnessts - from sheet metal companies to swimming pool manufacturers. Marketing loots: a Tax Abatement City Revoking Loan Fund (all loaned out at preseuq-- Grapevine Almost all LD efions are functiun of the City. Chamber Is Marketing Activities. responsible for very limited business retention actkit ies a Trade Shows: Staff attends 4 trade shuws per year 'I w u focused an retail (mixers). City gives Chamber $5,000 for this purpose, and shopping centers and two for industrlat'warehouw Largess I:ntpluyer - U'FW a Direct mail recruitment Is used for retail, International Airport tkonumic development slarf reports to Dircclor of Development. (Salar) for Director of Nvelopmenl Marketing loots: Services Is out included in FD budget) a Tax abatement: policy in place not generally used. a Tact Increment Flnandng iTIF): Used for both the Urapevine Mills Mall Budget S90,U00 (nfrasinwture and Opt) land development needs, 1 3 u ♦I i ATTACHMENT A COMPARISON OF ECONOMIC DEVELOPMENT PROGRAMS March 1999 Cny Bu eaStructurc ctrvtues i Tyler Economic Development Council Market activitics: s Very link print advertising (recently spent $4,000 for co-op ad In Dallas Population - 76,000 The EDC Is located at the Chamber of Commerce Real Estate Outde) a Staff: CEO plus 3 ful!-time profess mats and 4 part- a Trade shows: 2 to 3 each year. WWI) p,vticipale as a regional effort, w ith Largest Employer: time staff. TU Electric providing booth. Texas Medical Hospital a Two separate boards (Chamber and EDC) a Target Industries: Medical devices, food processors and distributtun a Two separate budgets warehouse. a Two separate staffs a One CEO (also oversees CVB) Ma'kcting tools: a Main Street Assn Is also located In building but does s 3 Enterprise zones not report to CEO s Loan fund a land, own their own industrial park wish about 100 acres left to develop 1 The CDC has So members with a minimum of $2,500 In a Tax abatement (have given approx lmalely 20). Usually 100% for membership dues. (Some pay as much as $25,000) anywhere from 3 to 10 years, depending upon project. CDC Budget 5460,000: a TIF for develop,nent improvements a 53:6,000 Membership dues a Freeport a S 49,000 City of Tyln Utility Fund a Infrastructure assistance (4B dollars) a S 25,000 County a $ 60,000 Annual revenue from assets of old industrial foundation Nut.: City passed 4B tax for municipal Infrastructure purposes No 4B revenue Is dedicated to tht EDC. I lowever, the city has indicated that they would be willing so work with prospects on Infrastructure needs. C 1, r, I n ATTACHMENT A COMPARISON OF ECONOMIC DEVELOPMENT PROGRAMS Mauch 1994 Ctl U et/Strtlcttsre t t O es City or rarrolhon Economic Nvelopmenl Is a runction of the City of The major role of this office is marketing. Business retention acth itics fall Carrolhoa. The City funds the chamber or commerce under marketing, population - 91,000 57,406 for general economic development adivitks, a Marketing trips. Make approximately 9 trips per year. About halratre fur t.argest Employer: Sufi: Director, I professional, %s secretary (shared with trade promotion (promoting goods and services of Carrollton businesses to S.T. Microelectronics Cnmmunity Development office) Canadian and Mexken businesses). the remainder are investment trips, recruiting businesses to Carrollwn. These trade missinns are financed by Dudget: $220,000 from General rue businesses that the depntment represents on the particular trip. a Trade shows. Attend two shows for distribution and commercial office. o Prepares and publishes Carrollton Aortic, a marketing piece about Carrollton. Marketing tools: a Tax Abatement Ow given approximately IS) $5 million threshold i t, i BI odium 1 l Developmeot Nrgnolantlalilm Surrey Nkt1 Mrt Ilk A GSO Research Report for Eeonomle Development Professionals A Growth Strategies Organlsatlon Publication M. Ross Boyle, Editor 1998 SPECIAL EDITION ON E.D. ORGANIZATION CHARACTERISTICS Tablt- of Contents Report summary Mlghllghts 1-3 Profile of survey Respondents and Program Orientation 4.7 Business Attesetlen Programs 8.18 Business Retention and astperssloa Programs 1a•1a Intrepeeeeurshlp Pregeams 18.16 Related Rotes and Bwebrs to saeoeaNWl Isonensla Oevdepment Progeams 60.23 Final Observations and Contusions 61 This report is bssedon 030's lentitics. n past surveys, GSO has mailed lu survey instrument to more than 3,000 local 12th annual survey of focal economle organizations and recelved responses from about 100 to 600 of these econorrile development orga- Marc than half of the respondents have svved small communities In rural nlratlons {Independent and areas, A third have operated with budgets of less than $100,000 a year and half had no chamber of eommeree•llnksd more than one full-time professional employee. non-profit entities, chambers, This )ou, GSO reduced Its list of potential survey respondents by two-thirds and made and local government agen• the survey Instrument available through its Internet home page rather than by mail. eyes), The survey examtnest Almost 300 of those recelving a-mail notlces of the survey downloaded the Instrument 1 AdmfnlatradveproRNs and faxed responses to GSO, Two-thirds serve urban communities wlthln metropolitan a Program odantedon areas with populations of at least 100,000 residents. More than nine in ten have budgel; 3 Program tools and techniques of at least 5100,000. Three in four have at least two full-time professional employees. whet works and what do" Given this year's very different profile of survey respondents, comparisons with past not work years us more dimcult. ' 4 Relationships to other on War in the community and the slots Hightights of this yea's survey findings sued conclusions are as fall aws-- 6 BsMers that lnhibltrallastan me Economic development organizatlons us twice as likety to be local leaden In busl• officials mess utroctlon, reten'lon, and expanslon efforts than In programs that promote new For the first time, 030 has business formation by entrepreneurs (6951 vs, 4351), \ used the Internet Io dissent. as Economic development or inltatlon budgets are growing - half of all responding 1 nafe the survey Instrument. organizations had budget increases In 1996 compared to a quarter with budget cuts. As a result, most respondents ee One In four local economic development organizations added professional staff in are larger and better financed 1996 while just one In six suffered staff reductions. organizations. es Local government economic development agencies rely almost emirely on public sector funding - local government general funds (7051), state and federal grants (I g•/s), and dedicated local taxes (100A). me Non-profit economic development corporations and chambers of commerce rely on focal, slate and federal governments for about half of their funding The whey half comes III local business Investments (1111), chamber of commerce duce (64:), y (r!."~ foundation grants (Ns), and Income from their own ectivitles a Almost two-thirds of Chest non-profit corporations and chambers of commerce con. survey Napes( -lags 1 11319 ILOCAt !_^,DFVFtQPMFN ORfAN11AflONCSIiRVFYRFPOPI tg09 When asked to Won tily factors duct fund raising programs. A third of those who do mount fund raising efforts use that most seriously affect their outside consulting assistance. Almost half ask for four-year commitments; a third ability to achieve their aeo• seek three-year pledges", and the remaining 30 percent ask for one- or two-year corn- nomlc development goals, ra mitments. spondents most often called the following Issues msforbar• a These economic devslopment organizations spend about half of their budgets on em- ders ployse compensation (salaries and benefits), 17 to 20 percent on administrative costs f Access to workers with (office space, equipment, supplies, etc I, and 33 percent on program activities needed skfds for high (promotional materials, prospect mailings, marketing trips, adsenising and public wagafobe 71% relations, etc.) 1 A workers Worry y able e workers fiat es Almost three-quarters ofail respondents say they us heavily involved In business at- job ea% traction initiatives. Almost two In three say that they engage in activities designed to 1 Public alemonfarya identify attraction prospects which they then actively pursue, Most of the remaining secondary school 1e% respondents actively pursue prospects referred to them by upstream partners is g., quefity, state agencies, utilities, site selection consultants, commercial real estate agents). 4 Business real es/era avadabddy, (land A a Half of nil respondents target their marketing efroru by Indust y and by geographic vocanl buadlnas) 10% are it, One In three target only by industry. oailly s aubdlryol local laadanhrp 10% b Manufacturing remains a prime target for 16 percent of responding economic dvel• ' I Acc"o to arkrdabls opment organizations, followed by Informatlon services (36%), research and dvel• housing 10% opment (14%), distribution (49%), administrative offices (41%), business and pro- State and kcal uses Jim fessiond services firms (44%), agribusiness (31%), rctall trade (27%), tourism I Access to Irarepon (2411), and mining (6%). fallen services 11% » The favored geographic targets for business attraction are In the Great Lake (34%), s Envlronmanhl costs Mid Atlantic (32%), Southwest (11%), Europe (2915), New England (2$%), Ontario and development NsWons to% (20%), and Japan (1704), to Community apposition a The most frequently used marketing techniques are Internet web pages (56%), trade to devolopi rent and show panidpation (26%), staff marketing trips (21%), direct mail marketing (1811), prowth f0% hosting special events (I S%1, advertising (14%), and e-mail marketing message ff Woraartompanesuorf IngWine$94ala f0% III Rare»rattons s% os Marketing techniques most often cited is highly effective aro stafrdomestie market- Clesrty, labor [,tea pnpa»d Ing trips (2314), hosting special events (11%), Internet web page f i I%), and direct noes Is vleswt es the mat ad mall marketing (11%). Technique most offers cared u poor w-. advertising (29°y, Hous business 01inues con. direct mall marketing (11%), e-mail marketing (11%). Internet web page (I III). In- corn by economic dovslopers iemational muketing missions ( 106/6), telemarketing (I 0%), and trade show panici• throughout the nodon. rMJow pation (10%). Tht best net positive lot I ngs (high ly effective minus poor) are aamed level of unemploymontl!d mat by hosting special events (+16%) and staff domestic marketing trips (+1614). The parts of the US makes access wont negative ratings are for media odvenising (•20%). to workers at all skid levele a a Although media advenising gets low marks for effectiveness, more than four In five problem. Secondary ""abbe respondents used this technique at least occasionally. Most have small ad budgets _ Is a of future bee gasp It workers. It the source es of under $5,000 (16%), S$,000 to f 10,000 (17%), S 10,000 to 325,000 (20%), $23,000 to 560.000 (17%), and more than $50,000 (3 1%). to The most frequently used odvenising media ire regional business magazine and economic development trade Journals. The most effective media are regional busl• Hess magazine an I local newspapers. The media rated is less efrective are sea. nomlc developme .t vide Journals, Industry trade magazines, and In-flight mago- lines. a participating economic development organizations fay that ifthey had more funds r r' . for business attraction marketing, they would most want to Invest them In stafTdo-mottle marketing trips (34%). Internet web site marketing (311), media advertising (/r (31%1, trade show participation (364A), public relations (14%), and direct mill mar. ketlog (30%). Survey Report • Page Z 148 t 0 t, s 10CAi FCONOMICDfVEIOPMENTt7RCAN11Al10NtiSIJRVFVP lRl 0S0 also askedrsspondents Half of all respondents say they frequently get prospect re2rrals from their state 6vhtthar barriers wen getting economic development organization. Other sources of frequent referrals are real bstferor worse. The naehange estate brokers (336), site selection eonsultants(33%), regional economic develop- Ismega tivefornine ofthese mentorganizations(29%),and utilitles(24%). twelve factors. That Is, the shah of respondents saying things Three-quarters of all respondents have the capacity to produce tailored responses to are Improving wee smaller than Inquiries from business attraction prospects or their representatives. Other fre- the share saying that they are quently used marketing materials Include general brochures (6466), fact sheets getting wove - (57%), independently prepared reports comparing business costs to those in torn. 1 AvaNabllkyofemphy petingcommunities (21%), And Industry •spec iflcbrochures 117%). able wodaa for any us Tailored responses are rated highly effective b two-thirds of all respondents, loo •tt% Y fol. a Access to affordable lowed by fact sheets (43%), general brochures (335'6), Independent cost comparison housing •11% reports (24%), and indumy-specilic brochures (20%). Marketing materials with 3 11usbera Fell Wate the highest negative rat(ngs on effectiveness are vldeos (22%) and gimmicks Availability good a scant buadings) •11A 4 Centmunay oppasnlon Skills training is frequently offered as an Incentive to attract new business facilities to development and by two-thirds of the respondents. Other most frequently used incentives are tax growth •1% abatement (39%), tax credits (3955), InSsstructure financing (36%), land and a Quality a steboy of building cost writedowns (25%), and low cost business loans (23%). local leadership •a% d The Incentives most often tiled as being highly effective are skills . Ining (61%), 1 costs go and d development infrastructure financing (34%), tax abatement (41%), land and bulld'mg cost write- a reetrkelons •r% downs (43%), tax credits (31%), industrial revenue bonds (34%), and other low P sfafe and bear gored •t'A cost financing (30%). No Incentive was tailed Ineffective by more than 7 percent of a Acosta to tnmpah survey respondents. gotten sarvka 4% a More than half of all respondents have an early slert system for Identify Ing indl- 1 Attots ed to workers with needed d11s PoragA vldual company problems and opportunities to support their business retention and f wage jobs .s% expansion Worts. Other most frequently used R&.E techniques Include skills train- la Race relations 0% Ing (44%), low cost financing (32%), and lobbying for an Improved business cll. It Public ohnimtsfy mate (3l%). These techniques are also cited as the most effective retention and ex- aeeanday school pansion tools. Quality N% a While local economic development organizations arc less likely to have active en- It worauc etkn M wnna costs cedgo 67% trcpreneunhiP Programs, the most common technique Is providing ombudsman service to new and young bu!IncIs ventures - 34 percent cf respondents goy they , fn the past cost Jestres have often provide thls serv ice and 31 percent call it highly effective. been of g00atest Conan to loco. nomk deivelopa00. Now, quality so 14 perc<ntofrtsponding local organ ILations say they arc Itoders In prepar Ingeco• 18$1041 111100 bsoofrslnif the prime nom lc development strateglc plans for their communities. 1I percent take the lead tontorns - labor Ime guallty, in bui UPS earn munIry support for econom lc development efforts, Just 16 percent access to bualness real eswte play a leadership role in designing and delivering skills training programs but 5) and housing, ladarehfp quality, percent say they have a strong support rate in this undertaking, Oiven the impa• community support for 11ae• lance of labor (ores preparedness as a business climate issue, we should be con. nomk devslopment trensport11• cemed that 20 percent of all respondents say they have only limited involvement in Yon aa,wkes. the design and delivery of skills training programs and 7 percent have no involve. meet In this undertaking, 6's Commuttlty colleges and other two-year postsecondary educational Institutions art chid by 31 percent of respondents as providing outstanding skills tralnlnP sils, lanes to area employers. Start government Is rated as excellent In thlt Initiative by 26 percent of surveyed communities, fu(lowed by the local manpower training agency (1714) and local high schools (I I%), At the other extreme, high schools are called deficient In skills training assistance to tmploytn by 21 percent of respon• t Al' d:nu, followed by state government (19%1 local manpower agencies (121,16), and two-year coilegss (6!4). ,f r survey Report • Page 3 15H V ROFILE OF SL'R~'EY RESPONDENTS. The 300 respondents to this r survey are distributed, b~ reglon, as follows - Mid South (22°4), Great Hall of all economic develop. Lakes (16%), Southwest South Atlantic (32'.4), Plains (11%), Slid ~ mnntorganize dons Serving en' Atlantic (I Ilm), New England (6%), and Northwest (6%), More than 46 percent are tin metropolitan areas an In. Independent non-profit corporations, followed by Incat government agencies (31!0), dependent non-profff t eith a er lf% an el chainrm non-profit organizations closely linked to chambers of commerce (11%), chambers of bens commerce (9°1).andeconomic development districts (M Dena of commerce ( (27%27%) a) or nonprofitorgantzadons linked Two-thirds oll organizations serve urban communities within metropolitan areas to chambers f1154J. Just 9% of - suburban cities or eounlles (3511), central cities (754), and entire metro areas mefro-wfdr economic devolop• (254). The other third serve rural communities - single small titles or counties mlinfortullet aregovemmentd (315,10) and mutd-county rural areas (2%). The distribution of these respondents, by agencies. population of the area they serve, Is as follows - less than 10,000 residents it 10,000.25,000 (1411), 23,000. 30,000 (1794), 50,000-100l (11%), 100,000- 250,000 (2214), 250,000.5001000 (1754), $00,000.1,000,000 (911), and more than Almost half of One organiza- 1,000,000(7v1). One sowing suburban areas As noted earlier, GSO used a different approach this year in soliciting participation within metro ones are local in this survey. We sent e-mail meal to more than 1,000 local economic develop. tovarNgderif" "Fern n are Ind ment organizations. Inviting them to download the survey Instrument from our and another a me I in ntslight! noryroRb Internet home page and send it to us by ll This change In the method of instrument nomprofla l to loneinked to chambers. dissemination has had it sf1 nincent Impact On the Proots ofmsPondents. This Year's "e remaining 7% are shah. profile Is much more urban. The organizations In this sample have larger budgets and bars of commerce themesNes, larger staffs. They are more likely to mount proactive business attraction marketing programs. Thus, comparisons with prol years are not valid, GSO Intends to co^-time to use the Internet as the forum for this survey In future yeah, a eking trend More than eight in tors eerrtroof comparisons once again possible. We do plan to Improve the process by allowing eitlea Fly on nest-proMt orpenA respondents to complete the instrument on their compute" and send it back to GSO sadons to diFet till ecorromk via the Internet dewlepmenlprogFms -lnde• ORGANIZATIONAL PROFILE. The table below presents the distribution of four pendent enddes fill and types of economic development organizations by size of population served, several those linked to cham..4m cunclusions can be drawn from this table. Smaller communities are more likely to (33%). "e reef an local gov. rely on thelr chambers of commerce to take the lead In efforts to strengthen thelt ernmentagencies, economies through programs to attract and expand business Investment. Non-profit economle development organizations closely linked tc chambers of commerce "I. ally serve mld-sized communities with populations in the 50,000 to 230,000. Large Two-drlyds of so rtrnreommul communities most often rely either on Independent non-profll organizations or local Midis turn to fndt ierldenl non. government agencies is ti l lead economic development entities. prokt endues to rem lhNr eco. nomic dovefopmanfpropnma. DISTRIBUTION OF ORGANIZATIONS BY POPULATION SERVED The r,ther third rely an local government agencies. Las than 10,000 74% 0.054 25.014 31!4 10,000 to 25,000 2.4% 0.0% 12114 7.7% 25,000 to 50,000 4.9% 0.01111 IM 36% 50,000 to 100,000 14614 3)3% 12 54 15.454 100,000 to 230,000 22.054 3).111 25MA 11,3!4 250,0(10 to 500,000 14,6% 22.2% 0.0% 3 6".4 MOO to I million )111% 11,1% 12154 462% I Slore than I million 34% 0.0% 00% 7.7!4 1 Survey Report • Pepe 4 76B fxa f 1 g 11lVAI CONOMICDFUFrOPVENT CRCA,YIZATIQNS SURVFYRFPORT 1998 Half of all respondingoryant- The next table presents the distribution of economic development budgets by type of F tations enjoyed budget In- organization. Almost all Independent non-profit organizations have annual budgets in E creases in fool. A quarterhsd excess of S100.000. About two-thirds have budgets of at least 5230.000. M the ocher stable budgets and a quarter extreme, about 15 percent of local government economic development agencies spend suffered budget cuts. less than SI00,000 a year on economic development. Most non-profit organizations closely linked to chambers have budgets in the $100,000 to $1 million range. All Economic development pro- chambers responding to this have economic development budgets over S 100,D00, grams tun by chamtors of commerce wen most fikw to DISTRIBUTION OF ORGANIZATIONS BY BUDGET SIZE hove Increased budgets this year (l3%), foikwed by lode. pendent non-profit organise. Nona (54%), focal government agenclesfll%), andnen-proft Less than $10,000 0.0% OA °A 0.D% 3,154 organizations linked to cham- bers (38%). 50,000 to $ 100,000 2.5% 12.5% 0. V/0 113% In fact, 38% of chamber w. 100,000 to $250,000 32, 5% 121554 25.0'b 26944 nomk devekpmentprograms, n% of all Odependerd nom $230,000 to 5300,000 37.3114 15.05$ 25.0!$ 26,954 profit orpanlaatiens,andf7% S00,000toSIMIllion 101% 50 A% 0.044 192% of toes) govemmertt opens had budget Increases ofiners More than $1 million 17.5% 0.051 50.0% 11.3% then 10% in too.. ofdrambenrtm programs There Is an obvious relationship between budgets and staffing levels. The next table 3d% 3#%ofep'"bolesslanai staN distribute thew organizations by their number of professional start. Almost half of al fold od is Wowed responding Independent non•pront organizations have at least rive professional staff In , dent no"roft organizations members and Il percent of the'+ .nibs have more than ten staff professionals. No (20%), focal government egos- other type of local economic development organizations has any respondents with more ties (1d%), end chamber. than ten professionals on their starts. Four In ten local govemment agencies and three In linked non-profif organhaNons ten chambers of commerce have no more than one AilI time professional. All nonprofits If 11%). At the other extrsme, with strong links to chambers of commerce hove two to four professionals. 10% of localgovernmenteco- ORGANIZATION DISTRIBUTION BY NUMBER OF PROFESSIONAL STAFF nomk devefopment agencies incurred staff cub in 111108, ib16 lowed by Independent rion• profit entities (1 ri), chambers of commons ON, and w- profts Pall to chambers Lea than one 411% 0.0% 6,7% 3.714 (ff%1 One 4.5% 0,0% 233% 37.0% Two 11.6% 161% 36.7% 29.6% 77vee or four 2713% 11.3% 26.7% 11.3% Five or six 22.1% 0.0% 33% 7,4us Sevnto ten 9.1% OA% 3,14 3.7% More than ten 16 3% 0.0% 0,111% 0.0% 5ummL+g up, more than 90 percent of all organlutlonf responding to this survey have budgets of at lent $100,000 and aimost a third spend at least $500,000 a year on economic development, About one in four orgtnizatlons have no more than one full aqi time professional staff person. More that one In four have two professionals. A little t Jr \ more than one in four have three of four probalonds, no remaining one in rive have rive or more profits il"ols. The largest organizations tend to be independent non-profit entities. survey 11111eper4 • Plot 1 178 0 i- Local government general The next table presents the avenge distribution of budget resources, by source, for +A funds provide 48%ofallecoa each type of economic development organization. Not surprisingly, local govern- nomie deveropment funding ment econornlc development agencies get all of their funding from the public sector for alt respondents to this sur• - general fund allocations (79%), dedicated taxes (I )55), state and federal grants vey. Other governererdalfunds tq?e), and foundation grants (t%). Local guverrtment general fund cuntributions provide an added 18% of total and other public sector funding also pruvid i & significant share of the total ecanumic funding- state and federal development budgets of the three private or quasi private sector organizations - iarrmarkodsolelyfeconomic Independent non-profits (31%), chambers of commerce (46114), and non-profits development i'll On aver- closely affiliated with chambers (40 e). age, economic devefopmen: The second biggest source of funds for these organizations Is business contributions organissoons generate 1% of - independent non-profits (33%), chambers of commerce (3255), and chamber. their Income from their own linked non-profits (29%). Chamber of commerce dues va a significant source for aedviNeo (0, g., fees forger- the two chamber affiliated types of organizations - chamber-Ilnked emities (25%) vita). rhoremainfng20% and chambers (16%). Independent non-profits generate 16 percent of their income comes from theprlvote sector from fees for services and other tamed Income. Ch:.mC ss and chamber-linked - eonedbudeansbylocoleom• enti'les earn lesser amounts of their own Income. tDUndolon grants are a very ponies dirsetly to the ego- limited source of income for any type of economic development organizations. nomic development program (du %jI, ch, and rofcommoree DISTRIBUTION OF REVENUE SOURCFS NY fir RGANIZATION TYPE grants (1%). Local govemments are on 1m• portent source of hsndlog for all "a of economic cMwfop Local tout general Mont orpanhaNonO. Ares bust funds 37% 21% 46% 79% no"" typically match Itteaf government eonnrfbufbe f in Special econom Ic de- 755 17% P%: 11% ft three "art of private ow velopment tax prof l ocesnesmic developr,senf meld". Statelfederal govt 7% 21/0 01h 9% MAN 01811 ow"fsathms sal grants Ing populations of of last Chamber of commerce 0% 23% 16% 0•/r- 000,000 wshtento haw annual dues budgets of at 1000181 million. Bu sines contributions more than threa•gwrters of 3315 29% 3255 0115 orgenfradelSsningisopuls' Fosndation nuts 0% 3% 0% 114 dons of 100,000 to 000,000 1 have budgets ofat lease gamed income 16% 14 6% 0:-5 8930,000. Almost 00% of errN• 3100 serving wonor awe have budgets under $250,000. The three nongovernmental types of ortimlrstlons raise about a third of their revenues from business contributions. More than half of these organisations say they conduct periodic fund raising efforts chomben of commerce (735,), Independent non-profits (635), and non-profits linked to cbsmben (44%), A third of these organizations hire fund raising consultants to assist in their Worts tj obtain funding commitments from all Interestedpartles le their communities- non-prolits oAtel to chambers (3055), chambers of commerce (3355), and Indepandenlt on-profits (16x5). Among thou oeSsnlntiont that conduct periodic fund raising initiatives, 41 percent ask for four-year pledges, 30 percent seek three•yev pledges, and 30 pea+em request ~ one. or two-yeu commitments, Chambers (75%) and non-profits linked to chambers (4315) era most likely to seek long-term commitments of at least four )care. 4 Independent non•protits (34%) are most likely to ask foe oommilrnems one > ear at a t ti G time. In most of these fund raising Il lstlvts, local government commitments are sought In addition to private sector pledges. The di(Tertme Is usua'ly is that govemmertts cannot comm it to multl•year funding. Survey Report • Page 1 76B , T H'Al CONOMI'D V OOM MT OR ANllAflONSSIRVfVRFPORf ?448 Almost two-thirds of organize- The typical economic development organization allots OT percent of its budget to y dons serving populations of at personnel costs (salaries and beneCts), 18 percent to adraWstr:dve costs (rent, supplies, toast 500,000 residents employ etc,), and 33 percent to program WN ities (marketing costs, promotional materials, etc I of toasts ful!•dmeprofesslonof There is no significant variation in this pattern between gove',ment and private economic drew rs. 60% aryaniadonsa@ of nrn DroAt organizations or by six of population served. The rpattern does vary by size rv Mg comma- nidds with 100,00010500 ON of economic development budget, Organisations with budgets over $500,000 allocor residents employ two or three t-ss to personnel costs (39%) and more to programs (43%). Those with smaller budgets professfonals. Two-thirds of all ip,nd heifer tbelr funds for personnel and a third fir program activities, organlzedons serving popurn- lions under 100,000 employ Pcommunity RUGRAM ORIENTATION. The next table presents survey respoi dent an- one or two professionals, ewers to the following question - Is your organization the lead agency in )our for each or three types of economic development Initiatives Almost 0 in 10 economic d.. (attraction, retention'repanslon, entrepreneurship)? There Is relatively little variation In ff;coneron to~,,d nixa1 agon o ns n- the share of organizations that are lead agencies In business infection, Large central no to ""s t or Ojy airy entities are Ices likely to play this role because they rely on metra•AIde Desaniza- are Ufa leaelssIn munl0001 rbue6 lions. There Is more variation In leadership roles for the other two functions. Agencies "sea attraedon.7of Me 9Say serving center city and rural communities are most likely to lead retention and they an h"WfyfnvoNedand expansion efforts. Chambers of commerce and agencies serving center cities and rural the other 2call thalr Involve. communities are most involved in entrepreneurship initlailves. Mont umfted. PROGRAM ORIENTATION 0Its to orpanlaeoons an also Termi: Percent of respondents who art lead agenclea In their communities leaden In netts Won and expert- Won pmorems d of "at 0 CNgory Budane Retention A New atIO call their level ofrnvolwment Attraction Ludoa Formatloa heavy. T)pe ojortanitadoet 4Irv 10survey nspoadaNs 1ndeperdentnon-protlts 93% 9016 41% say tMy an lead apenehe !n kl OeatlgfhalllNel~tn hvo~yl Non•pro0ulinkedto chambers 8944 76% 1141` Mont h"Vy. 0 to f0 s~~ Chambers of Commtra sa46 63% 6314 haw a Ilmltedroh In Ing new business Aw"don. Lncel govtmrntrl agencies 19% 96% 41% 00yommentot ago"Its are Area Served { much loss Okay than prNate _ non.proA6a to be heavily Im. Entire metropolitan area 66% 12% 4196 4 voNedIn business &&a don (SN vs. it 114). They of* a180 'enter city of metro area 13% I DO% SDbi~ less flksty, to be h"Wly In• _ vohred In promodng on- Suburban city or county In MA 17% 1176 33% tnpnneurshlp (1T% vs. 35%). Rural city or county outside hU 93% 97% 3201 Poprfmfan Served ` More than 300,000tell dents 79% 71% 36!4 100,000 to SKOW realdenu IS% 12% 2986 Less than 100,000 residents 93% M 9!1% 36% E'cdaontfc DewfopntMt,lydjef r More than 5300,Ou0 9tri6 7956 )1e1 l ' 3100.0WtoS300,000 61% 913% IN6 Less than 5100,000 86% 86% S1% Sumy Report page T ' 19H t• i More than Q In f0 economic 4 SINESS ATTRACTION. Althuugh business attraction typically generates A development orgertlzsdons ust 10 to 27 percent orthe new Jobs Ina community, It continues to be a major responding in this survey say Millocus of u,-ist local economic development organlzattom. The next table they seek out business atbae• presents variatlons n the way In whlch organizations carry out their business don prospects themselves and attraction efforts. Ind, pendent non-profit organizations arc most likely to actively seek than so Ovely pursue them. out their own attrardon prospects. Comersely, local government agencies are least Another 3In 10 rely on up• likely to do so. Organizatlons serving entire metropolitan seas are most likely to stream partners (state agen• mount aggressive program. to identit attraction prospects -AhRe central city agencies ens, utilities, a1N selection are least likely to da so. Finally, organizations with budgets under 5100,000 are much eonsultanIs, arc J to refe► less likely to undertake prospect Identification of ons therns'ives, Olven the high cost prospects to them but than of proactive prospect identification, this it not surprising. ac lively pursue those prospects. BUSINESS ATTRACTION APPROACH The remaining 1 M 10 do not Termer Percent of total survey respoadeate seek oWprolpaehOractively Category SnkJ, Pursue PanivsRa No to ursuo them. AI most they Pursue Referred spoaw to Attraction provide rosponass to to Prospects Prospects Inquiries Prosrom qulrfN from these prospects. Type Of or`anhadoa Independent non•profiu 10% 184 246 toss Half of all respondents to this survey r. ~y chef most of Urals, Non•prob, ,inked to chambers 1)x 254 0% trio business etnaedon prospects come from **hM their own Chambers of commerce 62% 314 0% 014 ltah - neighboring eommu toed government agencies )84 1654 17K /4 nldes (23Y4 and other part of the state (27%). Another 1254 say most of their prospect: Area Served coma from nelghborksg F,ntire meuopolitan area 164 94 54 D4 stales. One In throe respondents Center city or metro arcs 384 384 20% 4oi says that most of ke offtc. guburban city or county in MA 53% 41% 44 Ors Von prospects are found in other parts of the nation. Just one In ft foods to other not. Rural city or county outride MA 614 264 74 0% dons for most of its £cosotale Dowlopmenf tlydld r prospects. Moro than S) 00,t100 144 714 14% 0% stoo,000la $100,000 674 234 14 2% l'eIIO+ARSIX,000 614 284 04 4% A third or all respondents say that they are most likely to find their business attraction prospects In each of three regions - the Crest Laker (Ohio, Indiana, Illinils, Michigan, Wisconsin), the Mid Atlentle (New York, New krsey, Pennsylvanlo, Delaware, Maryland, District of Columbia, West Vlrglnla), and the Southwest (Califurnlo, Arizona, New Madco, Colorado, Utah, Howali) One in four look to New England (Maine, New Hampshire, Vermont, Mossschusent•, Rhode Island, Connectl• cut) u a prime source for prospects. Other regions are viewed as prime sources for stVscti9n prospects by smaller shares of respondents - South AtIsntie (I It's), Plains ~r t (94), Northwest (914), and Mid South (.54). t f ` t Three In ten organizations say that Europe Is an Impoomt International source of prospects, followed by t httsrio Japan (1754), other pacts of Conads (100, other peas of Asla (14), Meklco (74), and other pans of Lida America 0%). Survey Report • Page 8 208 t, t, Almost4 hr f0 eeonomlo devet• There Is considerable regional variation in the prime sources for business attraction opment organlstlons mspond• prospects, as Indicated In the next table. New England, Slid Atlantic, and Great Lakes Ing to this survey tat" their communities And most of their prospects in northeastern North America plus Europe, business attraction marketing South Atlantic communities also And their prospects primarily In the northeastern efforts - J In 10 by Industry, 1 quadrant orthe nation and in Europe, Slid South communities fiom Alabama to Texas In 10 by geogrophk area, and S and north to Kentucky and those In the Rains find attraction prospects in many pans In 10 by both Industry and goo- of the nation and the world.'lotthwesicm and Southwestern communities look for graphic area, their attraction prospects primarily In the West and In Asia The shares of economic dear. opmertt orpanfladons that far. MAJOR SOURCES OF BUSINESS ATTRACTION PROSPECT. get some Indus lidos, In each of Terms; Percent of lotat survey respondents the major economic sectors Is (Total In a column adds to more than 100% n folio we- MIO1, PAM SOW Sourceo(Attraellon NE MA GL PL NW SW MS SA Manufreluring Prospects kfarmsfkn New England Wls 43% 1We 38% 9% 41% 30% services 11% 20% Research 1 Mid Atlantic 13% 71% SM/e 2555 2514 1914 29% 50% dawkpmant 94% 1r% - orAditurkn es% 51% Great Lakes M 49% 25% 43% 31% Admin4:reWe Plains 3494 1245 7% antes 41% 33% _ oualnesr A Pro- Northwest 73% 6% 14% ' Mabneflres. M% 11% _ Agribusiness IM 23% Southwest 3445 SO% 501A 43% Rotas Veda 4T% 21% rourfam 40 41% Mid South 10% 14% 12% Mining 1% N% South Atlantic 20% 12% 23% 9% 14% 1245 Although manufleeturing am- Europe 2345 14% 40% 31% 19% 36% 6245 ployment Is not growing vary - - much In the United 8"tir, ibis Japan 60% 12% 29% 12% 11 sector mrrlalna a primary "I - - for most soonotrmle dovvrelJoopµ Asia 23% 16% Me mantorganltatkns, OSODe - r Nwu this Is because manufso• Ontario 43% 30% 62% 2954 23% taring facifhlea typkally Prow - duce more Capital lnveaitiont Quebec 29% 25% - 7Ye and usually pays h"t, sub prohssionaiwages. Other Canadian Provinces 25% - 25% 50% Information sorvka Is atlrset. Mexko 12% 345 21Ya I J_ Ing mom amndon from wo- nomk devatopsn In meant The table on the next page presents variations in econ,:tnle sector targeting patterns by years, type of uea served and by geogrophic area. Manurocturiag Is a primary target for more than 40 percenl of econ lie development orilulntlons serving all gpes of communk ties. ihete is also little -Y'erenct, by area served, In the share url ing Igribusiness. There us significant vat ti ro in targeting for the other economic sectors, No tenter city organizations in this su,iey targeted distribution tent ers, Rural area are much less likely to target administrative offices, research facilities, and Information services Bans. Rural areas and metro center cities are much less likely to target business and prortWond services firms, Organizations serving central cities and entire metropoli- tan uses ware tea likely to tr get retail trade and tourism, Center city organizations it.. j` this survey did not target m'ning operations for obvious reasons. i Suevey Report • Page 9 21B I 8 V orgsnizadons responding to this BUSINESS ATTRACTION TARGETS BY ECONOMIC SECTOR suety from the Southway, pri• Terms: Percent of Respondents in Category marily from California, are Jest likely tofargetmanufacturing. Into Adm &'P Agri Re- Tour Min- Even so, manufacturing Is the Characteristic Mfg. Svcs R&D bbt. Off. Svc. bus, tell Ism Ing most commonly targ"d sector in all regions. Information services firms an More area 82'•4 68% 734 64% 64% 54% 27% 14% 1491, 9'/1 meal likely to be a prime target - - - - - - - - in the Soirthvvesfsndleest likely Central city 134 83% 831/6 01i 50% 1714 33% 1744 0% 0% to be targeted in the Northwest and Greet Lakes. Suburb ` 6314 571E 3 711 40/A SO°'. 5J4. 3014 4014 27% 3% Business andprolessional#or• Rural area 63/. 34% 24% 52% 26% 2814 3114 24% 31% 7% vkss firms are most oMrt tan gated in the Southwest and ktid Souk; they notprimary lorgelo in the plains. New E% n8fend 1314 SO°. 7594 7$56 3014 504. 014 01i 014 0% Retail trade Is most oMen tar. Mid Atlantic +100 37% 4.,% 71% 43% 29% 14% 14% 43% 14% gated In the Sourhweel, eepe• clallyIn Calt(w1e, Mcauseta>r Great Lakes 90% 30% 10% 40% 30% 20% 30% IVA 106,16 0% policies then make asks taxes a - - - - high priority for focal govern- Plains 100 6214 3814 62% 38% 0% 50% 2514 aA 0% merits. Northwest 100 2$% 50% 75% 20% 25% 25% 0% 0% 014 one key to elhedve fargednQ Is - morkstnseerch.Just 45%ofaN Southwest 72% 72% 634 16% 33% 59% 31% 41% 34% 34 ce"nizadons perdeipadnQ In - this survey have a reaeorah brad Mid South 16% 36% 30% 79% 43% 57% 21% 29Ys 29% 14% get A quarfsr or those with a re- South Atlantic 75% 5014 7514 62% 75% 3194 25% 1214 12% 12% search program spend loss than $5,1700 a year on this s; dvhy. An. other 2#%alloealo :5,00 to The table on the next page examines the use of several techniques designed to I101000onnseerch; 50,000; ; Identify business attraction prospects and their effectiveness. More than half of all and betw 1eengn00and$g0 survey respondents new have on Internet home page designed to provide informs. 0 spend more than IOO,000onresearch. tlon to and anract Interest from compmles considering invertmenU In new or expanded facilities. This high level of use Is influenced by GSO's method for Chambers of commerce are conducting this survey via the Internet. About a quarter of respondents repo" most likely to have a research frequent use of two other prospecting techniques - participation In trade shows for budget (76%), followed by executives In target industries and domestic marketing trips to establish contact with ehom:or•llnked non-profits executives of companies in targeted Industries About one in six organizations I$$%).Independentnon*roNb frequently use three more techniques - direct mail marketing, hosting special (g agencies and fora government events for executives of companies in targtted Industries and for s'm consultants, agencies (?2%J. . and media edve"ising. One In ten organizations frequently use a-mall to reach decision-makers In companies within targeted industries. Just one In twenty organk cations say they often employ the four remaining techniques - public relations consultants, International marketing trips, telemarketing. and domestic marketing trips by volunteer ltaden In the community. Marke;,..g trips by profc+slonal staff are considered highly effective by almost a quarter of all survey respondents, rolicwed by hosting special events (18%), web pigs (I 114) and direct mail marketing (11%). When we compute a net effectiveness l raring by subtract'ng poor ratings from excellent rar,ngs, domestic marketing trips k by professional staff and hosting special events are the two most effective technique (r;. r (+1614). Media advertising (•200,4) Is the least effective technique, followed by telemarketing (•1%), International marketing trips (4%), e-mail and direct mail marketing (•714). Survey Report • Page 10 228 I t. M i A ONOM! . B V OPM NI BR ANI All Ne SURVEY R PORT I nqg As would be expectod, aft but BUSINESS ATTRACTION PROSPECT IDENTIFICATION TECHNIQUES one of these business anme• Terms: Percent of total suney respondent lion prospecting fachniquess are used momfreguendyby Prospecting Frequency organizations with bigger bud gets. The exception Is e•mall Technique Often Never Excellent Poor marketing which is often used by 14%ofonddes with bud Web page on Internet 36% 13% 11% 11x, gets under $100,000 end by just 4% of those with budgets rarget industry trade shows 26% 17% 9411 10% over$600,000. _ Each of these techniques is Domestic marketing trips by staff _ 22% 25% M2344 754 given higher eNsedveness rat. Ings by organimtions whh big. Direct mail marketing 3% 29% 1 I45 11% gar budgets. III other words, the mom money an organiza• Hosting special events for prospect , , don has to spend on any of or site consultants iS 4 76/. I9% 2°/. these techniques, the mom of etiveitbecomes.Infact Media advertising 14% 17% 954 29% organizations with budget or loss than $100,000 have wry email marketing through the Internet 11% 70% 6% 13% Im program money after pay. ing for salaries and adminfab* Contract public relations services 6% 72% 6% 5% live cot to. Very few of toss orgenlradons call any of Owes international marketing trips 3% 62% 1% 10% techniques hlghiy efzeedve, The net eliloodveness redng Telemarketing 3% 6951 214 10% (excellent minus poor) Im• proves as life budget grows Domestic marketing trips by volunteer 2% 6955 8% 1% for awry one of tote tech. niquos, For example, media advertising's reling jumps Media advertlsing is probably the most controversial business attraction prospecting tool from because of it relatively high cost and in questionable eflictivenevs, it Is not always clew WS for entitles with budget why an organization invests In media advertising. For some, It is a means of Identifying under $100,000 to specific prospect through Inquiries generated by "bingo" cards, phone cells, letters of 4% for those wfth budget Inqulry, or a-niail responses. For other, it Is it medium for creati ng or changing an image over $600,000, Although still of the community. Sometimes, media advertising Is designed to support other marketing nogadve, MIS Is a big improve. Initiatives such u domestic marketing missions. In past GSO surveys, most respondents menE Tot makes aIg calls tors Knee lare said that the primary purpose ortheir media advertising Investment were the generation large ge ads WvfM"high repetltion of prospect lists. In this ear's survey, that was the least important purpose. The other two with high objectives were cited twice u 6NuentlY by survey PNictPaant . This iis ProbeStY the o/pbnment result of" much bigger site of organlratlons participating In the 1999 survey, Larger organizations with larger advertising budgets ore more likely to focus on image enhance. merit and are more likely to have Integrated program!. A quarter of those 1999 survey respondent with an advertising program still have very sn all budgets under $5,000. One In six has a budget in the $3,000 to $10,000 range One In five budgets Is between $10,000 and $25,000, Mother one In sly. spends $13.000 to $50,000 on advenidng and the lost nne in five bas It budget that Is more than $10,000. Only this last group of economic development o'gsnlralions commit enough money to advertlsing to even consideraa Image advertising program, rb4 table on the next page present Information on the frequency of use of several r 4 t advertising media and on the perceived effectiveneu of each medium. 1 1 survey Report • Page 11 238 I t I I { 1ou FCONOMICOF4FLOPMFNlORO4N11At1ONSSL1kiiYREPORI 1999 ADVERTISING MEDIA USED BY E.D. ORGANIZATION'S a Economic developmentorgan6 Terms: Percent of suney respondents with adstrtising programs zations participating In this our- Frequency or Use Effeciheness veyconcentrate thelradvertis- Advertising Ing budgets in four typos of me- dis-local andregional bus& Stedfum Often Never Excellent Poor nests magazines and newspe- pen serving target geographic Local and regional business mrgazines 14% 2416 markets plus economic deveR - - opmentandtorpor Industry Economic development trade magazines uIt?4 2214 3;S 16!6 tradejournals. None have a net positive ofleedvenas rating but Local newspapers in target markets 61'6 47% 6% -9% local and regional newspapers _ and business magazines In lar- forget industry trade journals 5% 30% 201/6 13% get geographic markets come closest National business magazines 1% 68% 2119 10:4 Whom asked where they would - - spend addidonol business at- TV and radio In target markets 1% 74% 3% 9% bacNatprospecting funds M - - they wen available, survey par- National newspapers 0% 76% 2% 8% ticipants responded a follows - IO°i inllightsirlinemagazines Ooh 72% 01/0 1 StallmanYdMgtrlpt Se% } tnrernft sveapage }a% Most economic development organizations lack sufficient resources to mount programs } Mediaadvaniatng r% designed tJ Identify their own business attraction prospects. They are entirely depen- dent on upstream partners who refer prospects to them. Even those organizations that do proactively seek to Identify prospects rely on these upstream partners for a signif- S Pvblkn4Uons 34% cant share of their prospects, The next table describes the extent to which selected a Direct Mao markstlnp 70% upstream sources currently refer prosptcts to these participating organizations. I relama'**&g 16% SOURCES OF BUSINESS ATTRACTION PPOSPFr^T REFERRALS Cfarry, economic devNopen Terms: Percent of total suney respondents believe that they got their best Source of Referrals onto Occasional Never results when they can meat face to face whh decision mak• State economic development agencits 51% 42% 7% ers Inprospaef eompantss of- flees. Marketing Opt are AWL oQ Real estate broken 3S%: SBa. 7°: oratory sxpenstvo.Organfze- Site select'onconsultants 33% $19 16:5 lions with limited budgets can- not use this feehnFque as much Regional monamic drvefopment orgs. 29% 47% 25% as they would like. At the other Utilities 24°,ri 4944 17^: extnme,telemarketing Isnota high priority. Local bankers S'/. 46'/. 49°1. Clearly, stale economic development agtncits are the most Important upstream partners for the organizations participating in this survey. At the other extreme, local banker are rarely t significant source of prospect referrals The other four upstream partners are moderately important sources. As illustrated in the rust table on the next page, there are significant differences from region to region in the Importance of these upstream partners as sources of business attraction prospect referrals. State agencies are the premier source in five of the eight regions but they we a secondary source In the Great ; k, Lakes and Southwest and a minor source in the Mid Atlantic Utilities are a primary source orreferrals In the Great Lakes and New England. Site 5.1.. Hon consultants are I' as important as state agencies In the Northwest. Real estate brokr ire primary source in New England, the Mid Atlantic, and the Southwest. Survey Report • Pape 12 24B n I I VRFPoRf Q~ Survey respondents serving BUSINESS ATTRACTION PROSPECT REFERRALS BY REGION enUro metro areas look first to Terms: Percent of respondents it, region selecting "open' In frequency of rererrsls state agencies (62%), and then to real estate broken (364A) and Rell Site Regional she consultants (76%)for fra Region Agencies Estate Consul. ED Utilities Bankers quent attraction prospect refer. 8 Brokers tents Orgs. rats. New England 50% 30% 25% 06/1 50% 055 Organizations serving central - cities of metro areas rely most 4tid Atlantic 14114 43% 1411 29% 2V's 290,4 an rakrrah from site eonauh tints (reef Lakes 30114 20!14 20111 33% 60% 10°i JT%) and state agencies (s0%). Plains 75% 25% 38% 14% 0i 0% Suburban cities and counties within metro areas most often Northwest 75% 23Y. 75X 0114 25% 0914 get refemrls from state agan- Southwest 37% 43% 2314 30Y. 7% 35/, cles (50%) and real estate bro- ken (50%)• Mid South 71% 50% 57% '9°/. 50"/. 0% Small communltiee In rural or. South Atlantic ts2lf' 0% 38% 39% 0% 0% ens tend to have smaller bud gets arm therefore most In need The GSO survey asked respondents to evaluate the use and effectiveness of various of upstream referrals. t)nforfu- forms of marketing materials and promotional literature. The next table summarizes the nately, thoserespo"ng to this responses from all participants. By far, the most effective means of telling a commu- survey say that none of these niry's story is a capacity to quickly produce a tailored response to inquiries from sources are reliable cited fnan. prospects or their consultants. The other two most frequently used promotional materi- gwnl Those most Worrelallon l ll ta are ar ehad state for Again. fra als are general brochures about the comm mir and printed fact sheets that update key eles (16%), local bankers (fg%), measures of b,-.mess climate. Brochures a.s usually printed in volume wits a shelf life and udi les (14%). of at least a year. Fact sheets are usually updated at least quarterly and somr,lmes monthly. They are typically mailed to a master list of site consultants and prospect companies. They t,et relathely good effectiveness ratings but are judged to be excelient three "a of marketing mete. tools by only bf as many survey respondents as is a tailored response capacity. rfals are used by more than half Independent reports that compare business costs locally to those in several competing of survey roaportdente - a td- communities are considered effective but used kcquemly by just one in five organiza- Wa d response capacity to spa tions surveyed because of the ire expensive, cok Inquiries, general MARKETINC MATERIALS USE AND EFFECTIVENESS brochures, and fact sheets. Yldeos are declining In use. Ter us: Percent of all survey respondents Computer CD-ROMs and floppy disks are rore/y used because Promotional Frequency of Use Effectiveness they are vary expenslW. Glm mkk gifts are rarely used be, Materials Oheo Never Eacelleot Poor cause they are not conshlered 1 effective. Tailored responses to inquiries 71% 1% 66% 1% General business climate brochures 64% 11% _ 33% 215 Fact sheet with business climate updates 57% 10'4 43% ~01'o independent coq comparison reports 2e,% 36% 2414 3:14 Brochures designed For specific industry 17% 47% 20;14 3111 r r' Videos about community 9% 41% 6% 22% omputer CD-ROM or floppy disk 3% 16% 3% 6!4_ immick gifts used in direct mail mkt. 1% 82% 055 t5% INUMMEME 3urvoy Report • Pape IS 258 I EONS t, t i ILOCAL ONOMi . b V 1OPM NT OR ,ANI ATlONS S 1RVE'REPORT 199A Incentives utilization varlet by Perhaps the most controversial aspect of business attraction programs is the use of % region. Shills (mitring Is often incentives. Called corporate welfare by their critics and investments by their advo- used preglon, as folio *a - ctes, incentives are designed to Improve a community's competitive position in the IN% Orval lake 116% pursuit of desirable business investments. In GSO's sun ty, we asked local tconom lc South ANantl; 7a% development organizations to describe their use of ten common incentives and their Plains 75% assessment of each incentive's effectiveness. Their answers are presented in the next Mid Atlandc 57% table. Mid South Six Soutawesl SS% BUSINESS ATTRACTION INCENTIVES- USE AND EFFECTIVENESS Now England so% Terms: Percent of total surrey respondents Tax credits are oh in used by region, as follows - BusloasAttractioa Frequency of Use Effectiveness Plains as% South Atlantic aJ% ["trollies Ofleo Never Escellent Poor Southwest Se% MidAdantk 43% ` Now England 29% Wor;., -k its vain trig assistance 661% 7116 61% 2% Northwest 21% Mid South 2J% Great Gkoa !e% ax credits for job creatioNcaFital Invest. 39% 26% 408/6 1% Tex abetwm►nts am oftri used byreglon, as follows: ax abatements 34;16 32% 49% 374 orm Was 0% Mid South ea% Infrastructure financing (road. sewer, etc.) 36% 11% 54% 1% MsdAdsn* 67% _ Plains SS% Subsidized land and building costs 25% 30% 43% 174 Now England 26% _ South 26% Low crest business financing 23% 17% 301/4 7% South Ada Adontk 216% touthwaat 13% Infrastructure financing is often Industrial revenue bonds 17% 24a/o 34% S% used by region, as folkwa- for low cost financing Orval Likes Tax Increment financing 1574 31% 24"/. 37: Pules m Northwest SS% South Adantle is% Rebates on payroll taxes 68// 76% 13014 2°4 Mid South Js% Mid Adentk 21% Employee dt spouse relocation assistance 3% 63% 11% 2% Now England 25% southwest 2J% Land R building cost wrlte• Labor force availability and quality is a top concrm for most companies today. It downs are often used by re- therefore follows that skills training assistance is easily the most frequently offered gion, as follows- incentive by communities responding to this survey (661/o), It Is also rates the most Pisins Sa% effective incentive by these respondents. Three cost reducing in:entivei are frequently N dAdenik u% offered by at least a third of these respondents tax credits, tax abatements, and Mid South 21% Infrastructure financing, All are given excellent effecdvenes! ratings by at least four in Great L glaaand N% 20% Now Enngl ten resPonlents. Four more cost reducing incentives an be4uentI8/ used by at least one ` Now Southwest 1s% in six respondents and are rated highly effective by at least one in four-- writedowns South Adange U% on the cost of Tend and buildings, industrial revenue bonds and other below market Northwest 0% role debt financing, and tax Increment financing. The least used incentives are rebates on payroll taxes and relocation assistance for workers and spouses. The first is authorized only in a handful of states and the second Is considered too esoteric by most economic development orgy izations. Clearly, all incentive are considerd effective by a very large than or organizations t that use them. Even the little used worker relocation assistance and payroll tax rebate incentives are given excellent ratings by at least ft re times as many more respandents 4, then give them poor ratings. The most popular incentives have "exceller t to poc,r" T ratios of more than fifteen to one. Survey Repon • Page 14 26? 1 1 COrAL fCONOM1GOfVflOPMENIORGANILAIIONS SL1RV£YRfp()Rr 1998 Eeonomle development orga- Since skills training Is the most popular and most effective business attraction incentive, nizadons, evaluation of skills GSO asked suney respondents to evaluate the performance of the four principal sources ` training organizations vary by of this training - comm miry colleges and other two-year post-seconddry institutions. nglon. Communityeollega skills training programs administered by state government agencies, programs adminis- got the highest marks In the tered by local skills training organizations furded by the US Department of tabor, and South Adande and the lowest local high schools. Their responses to this question are presented in the next table. ratings In the Southwest. The share of respondents rating 2- PERFORMANCE OF ORGANIZATIONS PROVIDING SKILLS TRAINING year colleges as outstanding Terms: Perce, t of total survey respondents skills ruiners for industry are Organization Outstanding Average Deficient Soon Atlantk ee% Now England is% Community Colleges and 38% 36% 665 Northwest ls% Technical Institutes Mid South 01% Plains 93% State Agency Programs 264: 55% 194L Mld Atlantic W% Gnat lakes 30% Local W.po itr Agency , Southwest Programs 17/4 708/4 11% Regional variations In the Local High Schools I i8/4 618/4 28H4 shartS rating state programs as outstanding- MidAdantk 67% Community colleges, technical institutes and other two-year institutions that offer Now England sox associate degree granting programs, tailored skills training, red continuing education South Aderide Se% courses continue to be the best source of worker skills training for prospective employers. Mid Swum =0% Northwest zs% Almost six in ten survey respondents rate these colleges as excellent. Specialized training Southwest zo% coordinated and funded tJ state government agencies get excellent ratings from it quarter Plates 12% of our respondents and are considered deficient by just one in five. Local training Orsnlakes 0% agencies funded by the US Department of Labor (private industry councils or the new Regional varfodons in des workforce Investment boards) are considered excellent sources for skills training by one shares rating PICs or VARs as in six survey respondent, and deficient by one in eight. Local high schools are least likely outstanding- to get good grades as skills training organizations - one in ten economic development Aff South entic 421% organizations say they are outstanding while more than one in four call them deficient. Atlantic Southwest 2e% As illustrated in the column to the left, community colleges and other two-year institu- k wEngland t4% lions capture the biggest share of "outstan ding" evaluations from economlc development Great lakes e% organizations In seven of the eight US regions even though the shares range from a high Ncrthwest e% of SS percent in the South Atlantic to it low of 43 percent in the Southwest. A bigger - Mldsauth 0% share of Mid Atlantic respondents (57%) rate state programs is outstanding but the Regional variations In Me community college share (50X) is almost as high. State agency sponsored programs are shares ra ting local high the second best sources of skills training in four more regions - New England, the sehoola as outstanding- Northwest, the Mid South, and the South Atlantic. Local high schools are rated Plains 25% "outstanding" by the second largest share of respondents In two regions - the Great Guar Lukas 10% MM South 11% Lakes and the Plains. US Department of Labor funded local manpower programs get the 1 Sauth Atlantic !s% second highest share of outstanding ratings In the Southwest. Southwest M New England e% local high schools are most frequently evaluated as "deficient" sources of adult skills MId Adantk o% training for Industry in four regions - the Mid Atlantic, Great Lakes, Northwest, and Northwest Mid South, Local manpower agencies are most often called deficient in New Fngland and the South Atlantic. State agency sponsored programs get the most "deficient" evaluations In the Plains and Southwest. Overall, tailored skills training programs for local companies and for new facilities attracted to the area get the highest ratings in d a South Atlantic 45 percent of all r types of provide" are rated outstanding compared to 13 percent evaluated as deficient, y- yielding a net positive index of 32 percent. The Mid Atlantic bas the next best skills f r training resources (a net positive Index of 2645), followed by the Northwest (+1961). New England (+11%), the SouLSwest (+1261), the Mid South (+7%), the Plains (+661). The . Great Lakes (-l2%) is the only reflon with more deficient than outstanding evaluations, Survey Report • Pago 16 27B lCAAf FrONOMICntV OPM NtO +ANt PORE r Theusi bfbpedrl0nten6od MilAVS1`NESS RETENTION AND EXPANSION. Almost nine in ten surrey t and eapsimkt lnidadves respondents are she lead agencies in their communities on programs designed varies by type of a fed to alp local business establishments survive and prosper. This Ir about the byeeonomkdevile~A 1 M. stmt 'as :he share that are lead agencies in busints attraction programs. While Ranizadons- attraction programs are more expensive and get more public attention in most Entire metro e~kgtii, communities, economic vitality is more dependent on the performance of companies Early warning rystem 11% already located in the area. Further, business attraction initiatives cannot be very Suns o-arning to% successful irexisting companies are having difficulties doing business In acommunity, busrnass cirmars fobbyug 7e% Low coalfroancln0 J1% We have already learned that more than seven in ten economic development rachnk~sauista+ta 21% organizations are heavily Involved in programs that assist existing business E■pertuilstance V% establishments, regardless of the type oforganiraf.on, the ty pe of community they sere, Oovi broduromenl 14% or their budget Icvel. We have also learned that organizations serving center cities and Laboamgmt eaunbds u% rural communities are most likely to be heavily involved in these programs. Further, Clig tot tides In MAs organizations with smaller budgets are most likely to focus on business retention and e f warning system 100% expansion, There are good reasons for these patterns of organizational behavior. Center s rrA 7a winMp fig cities and rural communities tend to be less competitive locations for new business eusrne ickmaukbbying 47t~t investment, Their economic viability Is especially dependent on keeping the business low eoa! ruuncMp zz% fachn7ral anhfann e% establishments they already have and on helping them grow locally. Organizations with Export fsksyned g% smal I budgets lack the resources to mount aggressive attraction programs. They do have Oavt pr8 rlrimant 0% the resources needed to help existing businesses grow locally. tabor-mgmtcounc#a 0% Survey respondents were asked to evaluate their use and the efTecth mess of eight Suburban Ord Is Coltman business mention and expansion program approaches. Their answers are Eerily warntnysystem q% summarized in the next table. The most frequently used and most effective initiative is shills eilnlnd 41% o business climate prcklems early warning system. This makes sense. An economic Loy Molbra Inst sne 21% % Loy/ ceathnont7ng !7 development organization cannot help solve problems if it does not know they exist. Ea 4rt aasiisane f fak Skills training assistance is the tccond most popular and effective program but it is used dirt j:rotunmoryf fq$ much less 0911 in retention and expansion than in business attraction. The same is true a6er•Monist 010 1% for providing low ca.r business financing in expansion projects. rechnical osabYanel 0% BUSINESS RETENTION & EXPANSION INITIATIVE atiral t wstrMMyr yoWti UTILIZATION AND EFFECTIVENESS rly fwl 91 s0% Low cost tlnaneMa y0% Terms: Percent of total survey respondents Shms #roln7ne 40% Frequency of uste Sffectheat" businai) garnets lobbyinto 21% fullness Retention & Exponsloa Export give tarot$ 9% raehnluUSSNranc fr% Initlotira Often Never rEsetilent Poor tabor-mgmteoullc 4 f% Govt rocurouai4j system for Identifying local companies , , P 54 7Si 1 i yfMme an buslne r climate problems most cotnmo !n cams/; providing skills training assistance 44% 20% 1% Rfees &t0 ad Providing low cost financing assistance for , tsfnsuaditt expansion of existingfacilitin 32/' 30°/s 3. t f t lJes. how coat llneot • - fng 1s most common M turner Lobby ing for needed 31x. 11!$ 33% 70i tdmn,Unisu. business climate Improvements Promoting export growth 16% 36% 90,4 13: For local companies Providing mgmt. & technical assistance 13014 30% 1lei :°i f Sponsoring labor-mgmt, councils 8%, 76.4 8% 8"i Providing assistance to companies seeking 6X S7X 3!i_ S"i overntnent contracts Survey Report • Pape 1g 28B c~ It .A FCONOMI L VEtQPM N.'0 ,ANI Al!( S 1RV YR PORf ~ 1998 An early warning system that There are also significant regional differences In the use of business retention and A idendBes business climate expansion initiatives. The next table presents the shares of survey respondents citing problems in Individual focal frequent use of each of these eight programs. companles Is the most fre- quentiyused retention and ex- BUSINESS RETENTION&EXPANSION INITIATIVE pansion initiative in six of the UTILIZATION AND EFFECTIVENESS BY REGION eight regions -am except the Terms: Percent of survey respondents using Initiative "often" Mid Adande and the South At- lan9c. Retention & Expansion Initiative NE M.A. GL Plains In the MidAden dc, Wwcost fl- A system for identifying local companies' nanci for expansion Pro/ eon 43W. nD business climate problems Is the most used technique, W lowed by skills trainlnpand Providing skills training assistance 755: 57% 40$4 38% then an sarfy warning system. to the South Adantfe, skills Providing low cost financing assistance for 50:4 40% 3g% training asslstanes Is the most expansion of existing facilities frequently used technique in Lobbying for needed retention and expansion pro- business climate improvements 73% 2454 30^/' 38°1 grams, followed by lobbying for brad business climate Im- Promoting export growth 25% 29% n% 131,4 provements. Early worrslaq Sys- for local companies tams area instant mird export #Sa k -e~ w cost financing and export e Providing mgmt. & technical assistance 25% 0°,1 10% 13% tence. sponsoring labor-mgmt councils 25% 20% 20% 25% Skills training asalstenee is um Providing assistance to companies seeking ° second more frequently used ovemment contracts 0°A 14% 08/4 0% technique In seven regions, In addition to Its top ranking in the Retention & Expansion Initiative NW SW MS SA South Adentk. In addition to Its top rank in Ow A system for Identifying local companies' 2914 NO Atlantic, low cat Arsarsebrg business climate problems forurFtrsslon pro/ects is tied providing skills training assistance SO'% ~ 37% 43°/. with skills baining as the sec- ond most common retention Providing low cost financing assistance for and expansion lrtldative M the expansion of existing facilities 204/9 21.1 2941 Great Lakes, Pteins, and North- west Lobbying for needed 25% 29% 295. 43% auslrtesaelimate lobbytrsg Is business climate Improvements V among the second matt eom- Promoting export growth , , , . mon techniques la New fag- for local companies 25A ! 3/. 2 i/. 29., terse, the Plains, and dre South Atlantic. Providing mgmt. & technical assistance 25% 76,4 29°/. 144, s Sponsoring labor-mgmt, councils 0% 3% 0% 444 Providing asst fiance to companies seeking 0% L.I. 21% 041 overnniml contracts About 20 to 23 percent of economic development organizations in the Northeast and Midwest sponsor labor-management councils to Improve relations between organized labor and their employers. This technique to rrrely used or needed In the South and West. Government procurement assistance is rarely used In most regions. The excep- tions are the Mid South (one In five) and the Mid Atlarik (one in eight). A minority of organizations In seven regions offer management and technical assistance to help area businesses prosper. In most crvnmunities, companies prefer to select their own consult. s ins assistance. Survey Report • Page 17 29B Lr i• IlOrAlFCONOMICnFVEli2P.jVENTCE2&i46WILc4U@ILULQRT The choice ofenk"neurship Summing up, most economic development organizations have an active retention and 4 lnldadvesfrequently used by expansion program but those serving communities that are less competitive in the economic organizedons varies pursuit of new investments put greater emphasis on these activities, Most retention and according 10 therypeofcommw expansion programs are based on an early warning system that identifies issues nity they serve - threatening local facilities or restricting their expansion potential. The most common Entire me" areas initiatives designed to respond to identified problems involve skills training and low Ombudsman Is% cost financing for expansion projects. When several companies have a common low cost d.bt onencIng 29% busine:s climate problem, that issue becomes the subject of lobbying by the economic rachnkrf assistance 29% development organization to change governmment policies or to alter the poliries of area Arrange srtuNyfinanetnp 11% banks, utilities, real estate developers, or other private entities that influence the BusInsssMcubarors 10% business climate. Initiatives designed to expand markets for area businesses are less .C&tterelites ofMAs otica used (e g., government procurement and export market expansion). Initiatives Ombudsman 20% aimed at internal company operations are also less popular (e.g., technical and rachnkalassistancs 20% management assistance, labor-management relations). Arrange equiry An!ncing 20% LoweosrdebtfinencMg 0% Eventures NTREPRENEURSHIPPROMO 10N.Someobservers contendthatmanvor BusMess Incubators 0% even most new jobs In today's national economy are generated by emerging new In ators created in recent years by entrepreneurs. GSO does not believe that ombudsmen ss% new ventures produce Marc than 14 to IS percent of the new jobs in most local Arrange equityImaneing ar% economies, but we do belixve that entrepreneurs make important contributions to a rachnkal assistance 14% vibrant economy and deserve attention from economic development organizations. The towtest debt fMancMg st% problem Is knowing what to do BusinessIncubarars tt% Rural Areas We asked survey respondents to evaluate five ectivhles sometimes used to promote Low cost debtnneresp 22% entrepraaturshlp. The next able summarizes their answers to these questions. A third Ombudsman 20% of all respondents say the frequently serve as ombudsmen for entrepreneurs in their Arm ItosquiryfMsncMg st% dealings with government agencies. Another 32 percent occasionally play this role. Tochnkal assistance a% Three In eight respondents call this initiative an excellent way to promote new business Business Incubators a% ventures and almost all of the remaining respondents give it an average grade. Debt and Center elides are least likey to equity financing are especially iiiportant to entrepreneurs. About one in rive survey employ any of thus on- respondents provide some form of low cost financing assistance and one in six tnprenev ship promotion lnlW facilitates access to enuity. financing. One in six also coordinates the delivery of tivos fnquenty. management and technical assistance designed to help entrepreneurs prepare business 0rpanlrationsServing suburban plans that satisfy Investors and lenders. All of them initiatives get high marks for cities or counties sreoMn om• effectiveness from a sixth to a quarter of all respondents, In the Eighties and early budsmen fa entraMmpurs but Nlnetlm busincss Incur stars were very popular among economic development organl- sire less likely to provide any rations stanching for w4. vs to promote new business ventures. Thee popularity may be Iorm of direct sufstan0e. waning. Just one In twelve respondents to this survey actively sponsor Incubators. I neue s sees as as an oWnirsdons one nerv• b ENTREPRENEURSHIP INITIATIVES UTILIZATION AND EFFECTIVENESS ig run! areas alb a DtMaman and as a provides of Teraw Perceat of total survey respoadanls low cost debt financing. Just one Frequency of Use Effectiveness { in ten offers other forma of at- Entrepreneurship sisbnce. Initiatives Often Never Eseellent Poor Help entrepreneurs deal with 34% 14% 39% 214 government bureaucracies Provide low cost debt financing assistance 21% 3751 .1% S% Help entrepreneurs find equity financing 15% 2955 1355 S': f 1 Coordinate delivery of management and v` l 13% 33% 13% 3)5i 1351 0°4 Provide business incubator space 114 74% 13% 4 Survey Report • Page 18 30B t LOCAL ECONOMICDEVELOPMENrORMIZATIDNSSLIRVEYRF RI 1g~8 Acting as an ombudsman for There are significant regional differences in the use of entrepreneurship promotion p. entrepreneurs Is the moil fee- initiatives. The ncxt table presents the shares of suncy respondents citing frequent use quest Initiative of economic de- of each of these five programs. velopment organizations In 7 of the8regions arJasecondary ENTkEPRENEURSHIP INITIATIVE UTILIZATION AND EFFECTIVENESS me livity In New England BY REG CON Providing low cost debt /mono. Terms: Percent of survey respondents using Initiative "often" Ing for now ventures Is the top Entrepreneurship Initiative NE MA GL Plalm activity in Now England and tied with the ombudsman function In Help entrepreneurs deal with two other regions (Prins and govemmew bureaucracies 25% South Atlantic). It Is the second most popular ontreprenetnshlp provide low cost debt financing assistance 2954 11'4 activity among economic devol- opment organizations In three Help entrepreneurs rnd equity financing 25% 146/4 11% 13% mom regions (Mid Atlantic, Mid _ South, and Northwost). Coordinate delivery of it anagement and technical assistance 2554 285. 136/4 Chambers of commerce most likely to frequently perform provide business incubator space D% as 11% 0% thou enwpre-neuNd support actividas - Ombudaman B% Entrepreneurship Initiative NW SW MS SA Amnesequity fnancMp 64% rscbnkalassistance syts Help entrepreneurs deal with low east dab l ManeMg 10% au"Is Meubarors 11% government bureaucracin Independent nonlroNt orgard- Provide low cost debt financing assistance 23% 11% 21 Won are also aetiw: Ombudsman 03% Help entrepreneurs find equity financing 23% 14% 296/4 Dye !ow coat dabl fMarkMp u% rochakal assistance 49% Coordinate delivery ofmanagement and 2l.. 044 Arm#@equhynnanelnp 2M lecltnicalassistance 01/0 146/. ausleress Moubaton tt% Chamberdinked non-proflb of- Provide business Incubator space 0% IM t4% 14% ten engage In: Ombudsman Sf% rechnkarassbtanea 45% Not surprisingly, csvmbem of commerce are most likely to serve as ombudsmen for Amngo "why nnaneina 22% local new ventures In their dealings with government agencies. But it is something of awMSn f loweostslokbi drbl ManeMa 0% % a surprise that three-quarters of local govemment economic development agencies a participating in this survey have accepted this role as well. Local govemment agencies Two In three chambers of commerce frequently help entrepreneurs find equity finane• most smMan art engage !n: 71X Ombudsman In8B6/ cornParison,just one In three other non-Proft or government entities provid.f Low cost debtnnancing 4f% such assistance on a regutar basis. Conversely, two in three independent non-protit Business Incubators 10% economic development organizations have programs offering low cost debt financing rernnkel assistance t1% for entrepreneurs, considerably more than the four in ten chambers of commerce or Aranp4 apulry MsneMg f0% government agencies with such programs. j About half of all chambers and other non-profit economic development organizations have programs designed to provide management and technical assistance to to- trepreneun and new business ventures. Just one In ten governmental economic development agencies attempts to provide rich s<rviee. There is less difference among types of organizations in the last entrepreneurship promotion activity business r incubators. Local government agencies are somewhat more likely to operate such / .A facilities than are chambers or other private non-profitortimizatiorts. 1;. Summing up, local economic development organizations are still not heavily trgaged in promoting entrepreneurship At most, they try to create a better environment for new ventures and to provide some modest support services, survey Report • Page 49 318 ,ra..v t LOW ECONOMIC QFVFIQPMFNfQR(AN11Af1QNSSURUfYRFPORl AM economic development or• Reconomic EI ATED ECONOMIC DEVELOPMENT ORGANIZATION ROLES. The ganlzations serving central previous sections of this report has explored the primary responsibilities of an cides of metro areas are lead development organization - those that are directly involved in the 09e11efea for atrareglc pianning, creation or retention ofjobs and tax base for its community. These organizations often 9 to 10 organizations serving are invoked In other related activities. GSO asked survey respondents to describe their entire metro areas are atrahgie level of participation in three such activities - strategic planning for the community's planning 160ders and the rest economic future, building community support fix economic development Initiatives, and play a strong support role. Just desl nin and executin skills troinin d In 10 organizedons serving g g g g programs for the community. Their answers are sub&rbs and rural areas are summarized In the next table. strategieplanning hrodersand I More than eight in ten are community leaders in both strategic planning and In in 20 plays little or *to role in communicating with stakeholders throughout the community to maintain strong support this activity. for theirprogr,m goals and objectives. Even though workforce preparedness is one of the more Man9ofevery Iaprivate most important and pethaps the most Important business climate issue facing most non-profit economic develop- communities, just one in six economic development Is the local leader in designing and Mont organfzadolts packhllng Implementing local skills training programs. The good news Is that another 37 percent chambers of commerce) are say they play a strong support role in this program area. Nonetheless, more than one in leaders ofstrategkpfanning four say thrirparticipatlonIs Iimitedor nonexistent. offorts In t are M ala" communities. participants. The real ADDITIONAL ROLES FOR ECONOMIC DEVELOPMENT ORGANIZATIONS Less than 3In a government Terms: Percent of total survey respondents sconomkdevelopment agen• Comma- Stroe Limited clos take flee lead in sbahgk g Not planning and 1 In 10 ploy 000 Role ally Support Portlelps• lavohed or no M10. Leader Role lion Economic developmersf orgarri Economic development 84% 11% 2% 1% zadons In the northern haMof strategic ptsnning the nedort are a little morn likely Building community support to be community leaders in for economic development 81% 16% 14% 1% strahgk planning than an tlreb eounhrparta In Me SouM but of rl ning and delivering skills train- 167. 57% 2045 7,0 least AS% are leadere In ag n program parts of the nation except CNIR fomia when flea share takings All private non•prolit economic development organizations (independent entities, feed drops to 77ftti chambers of commerce, and non-profits closely linked to chambers) either lead (93%) At least 91n 10 are Nan feeders or strongly support (7%) clTorts to build community support for economic development In bu8dirrp eommar..4ty su}rporl initiatives. Just two-thirds of government economic development agencies are leaden In for economic development N. this undertaking while one in four play a strong support role for their private sector forts In Nve regions (areat partners, One in ten are not involved In this activity. takes, Plains, Northwest Mid At least three-quarters, of all economic development organizations serving entire South, and South Atlantic), metropolitan was, their central cities, or rural communities play at least a strong role In ^e design and executive of local skills tralning programs. Organizations serving suburban communities are somewhat less involved in this activity -just six in ten are either leaden or strong supporters. Economlc development organization invr:vt ment In the design and del' try of skills training programs financed by the US Department of Labor varies by regloa, The shares of respondents reporting either a leadership or strong support role in the GSO survey are as follows - New England (100%), Greet Lakes (90%), Mid South (6644), South Atlantic (7545), NorthweM (7374), Southwest (6545), Plains (6)45), and Mid Atlantic (57%). In the Northeast (New England and the Mid Atlantlc), at least one In four 1 respondents plays a leadership role in the design and possibly the execution of programs that address this critical business climate Issue. One in five play a lead relc in the Great f Lakes and the Mid South. One in six is a leader In the Southwest and one In eight plays ) a lead role in the Plains. Economic development organizations responding to this survey rte never leaders in the the Northwest or the South Atlantic. Survey Report • Page 20 32B v IOM FFrONOMICDEVELpPMENlORGA2rL6U NSSURVEYREPORI 1995 In 1998, labor force propane- ARRIERS TO SU XESSFUL ECONOMIC DEVELOPMENT EFFORTS, ~ ness is clearly to most signllh finally. OS0 asked survey rtspocdents to evaluate twelve potential barriers to cant barrier to the realization of the realiretion of their communities' economic development objectives. fhe economic development objac• next table presents their answers to these questions. 1 lives formost communities. More than three in four survey BARRIERS TO ACHIEVING ECONOMIC DEVELOPMENT OBJECTIVES respondents call access to Terms: Percent of total respondents skilled workers a major concern and half say that access to any Business Climate Level of Trend workers Is a major constraint Concern Direction Just one In ten communities Issue Moder- Getting Getting have little or no concern about Major access to wz4ore, skilled or ate Better Worse not The good news is that then Access to workers with needed skills 76% 14% 3606 . MI are mare respondents who think for high wage jobs access to skilled workers get, ling better than who think things Availability ofempSoyable workers 5066 3595 29% 32% are getting worse. The bad news for any jobs 1s that general won oravaifabilL ality of public elementary and ~ NY Is not secondary education systems 34% 44% 44„,. 1090 1 In 2 respondents hr,e myor Business real estate availability , s concerns about aootherIssue (land, vacant built space) 30,4 3195 2295 296 related to labor force prepared, ness - Mo qu#IW of X•12 edo- ality and stability of local leadership 28% 32/. 226 1894 Callon. Axtunat siy, Mons ns spondents think Moir edueatlon ecess to affordable housing 26% 41% 22/0 24% systems an getting better Man _ Deng worse. State and local tax burden 21% 47% 23% 16% Three more business climate Issues are a major concern to Access to goods and passenger 21% 43% 27,5 IN, mom man one In four respon- transportation services dents - access to b:rsinoss net Envlronmenta: protection cost estate pndustdol land, vacant 2066 40% 1214. 17% Industrial buildings, vacant and development restrictions Class A and Class B ofto Community opposition to , space), access to affordable devele,mient and growth 16b 31% 106/0 22 s housing for workers, and the wINy endatobilhY ofWe)It" Worker compensat !on I06/. 44, , q 6 37'6 1 ership In the public and the p.-L insurance costs veto sector), Access to busi- ness real estate and to oflord- Race relations 594 214, 159, 25 able housing Is getting worse. In past surveys, a significant share of respondent expressed major concerns about seveal business cost Issues - tax burden, worker compensation cost, etc. In 1948, quality issues are of much greater concern - labor force quality, education quality, business real estate quality, leadership quality, and housing quality. Just one in five respondents has a major corcem about the core of complying with environmental protection regulations or the Impact of s su and local taxes. Only one in tco says that worker compensation insurance cost are a major concern. More respondents think that two of these cost Issues are Improving than think that they are becoming more serious - tax burden and worker compensation Insurance cost. The trend is negative on r environmental protection cost. ' - , At least one in four respondents say that four barriers are of Increasing concern - access to skilled workers and access to unskilled and semiskilled workers plus O availability of business real estate and affordable housing, All four problems are the product of a strong economy. Survey Report • Page 21 33B C One way olmeitsudng the d7- Business climate barriers dincrby type of community and by geographic region. Access I S. reedonIn whiaheoneemfora to skilled workers is the top concern for all economic development organizations, business climate issus Is mov regardless of community type or region of the country, but concern over other uses ingIs to subtnetthis share of varies. The next table presents variations in the shares of respondents calling these respondents Saying It Isgetdng twelve business climate Issues "major conctms'. worse from the share saying it Is getting better- ameasunit; of BARRIERS TO ACHIEVING ECONOMIC DEVELOPMENT OBJECTIVES "net trend direcdon BY TYPE OF COMMUNITY SERVED Organizations serving parts or Terms: Percent of response in commualty type thinq "major concerti' an of metro areas give these Busiatss Climate Entire Cer er Suburban Rural business elimstoIssues III Issue MA city Ara Area lowing rend direction ndngs - workercompeosre .JJ% Access to workers with needed skills 9H10 1009/1 7,j°5 71% K•12 ducedon quality °25% for high wage jobs Mae Irelalions 02e% reansportatkn services °s% Availability of employable workers Leadership quality ♦Dt for any jobs 64% 67% 47% 39% Slaty d kcal its burden °J% SAiead workers o% Quality orpubiic elementary and Available waders .5% 4191 33% 33% 29% Envlronmantalcasls .t% secondary education systeru Business a N estate •10% Business real estate availability Apy daple opposition Itt% (land, vacant built space)14% 33°/. 30% 43'5 Organizations serving rural an alityand stabilltyof local leadership 14% 6754 33:5 25% ssa give Mesa business climate Issues the following tend dfrec• Access to affordable housing 9410 SM 37% 21% don r. dings: K. 12edueotlonquality •39% State and local tax burden 27% 17% 33% 455 Workoraompeoete °32% _ L oderoh ARtrdabAe housing *14% Accts to goods and passenger lg er" 40% Racerektkns N1% transponx'tonservk194/8 33% 27 SANNdworkers N1% Srahaloco/ too WOW 411% Environmental protection costs 14'4 17°5 30°5 14'5 Community opposition o% and development restrictions Envkonmantal costs 4% Transportation services .5% Community opposition to 94A 17% 20% 21% ausAnss roof estate -091 developmenl and grow th Avslfable workers •T% r Worker compensation Rural araa are go"Mi y less Insurance costs S% 3Y. 17% 13!10 eorraerned about most of daae birders and are Mors posletve Race relations 9°/a 2094 7% 0510 about their brands. The escep- dons are are business r"I es- tate availability, leadership quaF Suburban and rural communities are less concerned about labor availability than center ly, bronsportadon Servkss, and cities or organizations serving entire metropolitan areas, Conversely, metro-wide Inereasedopposidon togrnwlh. entities worry less about business real estate availability, access to affordable housing, quality of local leadership, transportation access, or community opposition to economic development. Perhaps this Is because they serve broader areas and have more choices of sites and neighborhoods with which to work. Center city organizations worry most about leadership quality and stability and afford. able housing In addition to labor availability and quality. About a thud of all suburban organizations have major concerns about most of them barriers, except labor quality r and availability which worry more and the lost three Issues In the above table which r ' worry ftwtr organizations. In addition to labor tunlity and availability, rural areas 4+ r' worry most about business rep' state availability and transportation services. The table on the next page presents the share of respondents in each region that consider these Issues to be "major concerns". Survey Report • Page 22 348 Survey respondents from Now BARRI(IRS TO ACHII I'IIM1C ECON0,41C I)EVELOPM%Nf iSBdECTIVf.S cone England roport a WononIng BY G EOGRAPII IC REGION rtion fn tl» lusiness ell, Terms: Percept of raponst la cogttlllinIt) I) PC ail ng °major concern" mate factors - mental costs $ustr ate Issue NE GL PL Commuort S9x - slib. omeunlry support Acccss to skilk*J worker 100"s fill, obi 88% Wo.irvava7a6niry 40% N42edveselon quality •JS% Access to any worker 7$% 57% 300'4 501e l eadoneip quality •35% The Mid Atlantlt ties just one K-12 education qualit) W"ll 29°/4 1054 255'4 dolerlorating factor- Business real estate availability ~00• 43% 10°4 _ 1359 _ WCrku evallsbaity •25% Quality and stability of local leadership $04; 43% 2011, 25% Five business climate factors - - - - - are getting wone In the Omit Access to affordable housing 0°/4 2959 40% 25% Lakes region - State and local tax burden 25% 29% 2059 3819 Worker wapa6Nfry 40% Envlronmeagetcosts J0% Transportation services quality 25% 2954 0% 25% tlsupport burden •f0% ~ Communkyaup Environmental Protection costa 50% 29% 10% 13Si~ ommu Skilled worker accost •10% Community opposition to development 25% 14°,5 1004 0% Three business climate factor ere gelling worse, in the Plains Worker compensation insurance cosh -25% 29°/. 20% M/e Rae relations S% 0% 1004 019 Wcrkar availabstry, •t2% Leo dership quality •IN Business Climeit Issue ' NW b w MS SA Sato alocal taxes •tJx Access to skilled workers 5ON0 116K 7154 100% rho Norehwese roports no denA Access to any worker SMA 4555 57% 630° orating business climate fac. tors, K•12 education quality _ 0% 36% 36:4 30% Four buslool" climate factors Business real estate availability 5059 394'0 36% 2559 are getting won* In cite South- west.- Quality and sl»iility of local leadership 059 36% 21% l isle Dullness r►alatata '25% Affordable housing 42% cress to affordable hoses nB 2301 32% 2154 0'/. eommunny support •to% State and local tax burden 069 19°,4 2954 054 rransponationsolvkes 10% Five business climate foe Im Transportation ser. Ices quality 06/0 32% 14% 131,14 are getting worse In the Mid Environmental protection costs 25% 26% 14% 0% South - Business mat Wile •36% omm unity opposition to development 0% 26% f7% 13',1 ComvaaNabOauppony A ••H% 30% Worker u ov Worker compensation insurance costs ON 10% 009' Slate atacal tame, •21% - ells Envrronmorealcosts .7% Race relations 0°: 055 ISr4 Two business climate factors Access to skilled worker Is the top concern of econom is development organizations in am getting worse in Me South all regions. General worker availability Is the second most serious concern in seven of Atlantic- the six regions, all except the Great Lakes where the paucity of affordable housing is WorkeravolNbany •35% the second most ;ignifcant problem and New England where quality elementary and Communhysupport '1J% secondary education Is a major concern , Education quality is also a major concern for half of the respondents from the South Atlantic region. Half of New England's respondents have major concerns about two more factors - leadership quality and environmental protection costs, Bair of all respondents from the Northwest express major concerns about business real estate availability, 4, Issues of major concern to 40 to 49 percent of respondents in a region Include business + r real estate (Mid Atlantic), leadership quality (Mid Atlantic), affordable housing (Great Lakes), and general worker availability (Southwest). Survey Report • Page 23 35B ECONOMIC r INAL OBSERVATIONS ANDCONCLLSIONS. Although this Is GSO's We have riot presented date of the 12th annual survey of local economic development organizations, it is the state level In this report because first conducted electronically via the Intmet. As noted earlier, this change the numbers of participants from olters the profile of participants. Small organizations with limited staff are less several states is too amalf to be likely to have ready access to the lnramer and are therefore less likely to respond. a nfedgee. instead , we have w pro GSO will continue to conduct its survey via the Internet In future years. This does by - aph C Isons cons by e region o not mean that we are not interesteI having small organization participation but it does mean that we want to incur. our anal) cis on organizations, regardless of site, Now Enoland- Connoctieut, that have enough staff and bucip.t resources to conduct at least limited programs to Maine, Mossachusetb, New Hemp- promote business attraction anS'or business retention and expansion shire, Rhode Island, Vermont We estimate that about BO per. cot of all local economic development organizations M(d,Adandc- Dofaivsra, District hove less than one fuel time professional economic developer who has at least some OfCoitrmbia, Maryland, NOWJll• relevant training Their efforts are limited to responding to Inquiries from business say, New York, Pennsylvonfa, attraction prospects. They have no proactive programs to help existing businesses WestVlrglnla prosper beyond those normally implemented by chambers of commerce to serve Gana Lakas --Jlf(Wo, Indian, their members. Michigan, Ohio, WISC(osin posed on our findings from surveys conducted in previous yean, GSO believes that P14lna - lows, Kansas, Minnesota, this year's survey sample is too heavily skewed toward larger organizations serving Missoud, Nebraska, North and urban communities. We will work hard over the next year to expand our database South Dakota of e-mail addresses for smaller organizations with proactive programs so that our coverage of economic development efforts in rural areas 's once again well Northwest - Alas Its, ideho, Mon• represented. If you know of local economic development organizations that ought tans, Oragoa, Washirsgfon, to be invited to participate in future surveys, please send their e-mail address plus Wyoming their name, key contact, and regular mail address to our e-mail address Sayrhy(airj--Arizona, CalNomis, (gsoboyle^gvoil.net). Colorado, Howell, Nevada, New While we are reluctant to compare this year's survey results to data from earlier Mexko, Utah surveys, %e do see some pave .,s and trends that are worth noting. Hid South - Alabama, Arkansas, a Fins, this y ear's respondents seem to be more heavily Involved in the design KMtueky, Louisiana, MlsslasJppl, of manpower programs funded by the US Department of Labor. If this proves Oklahoma, rannessee, rexas to be a trend In future yeah, we rind It very enoounling For too long, eco- SowhAden dc -)'Wda, 0oinla, nomlc development and manpower training prograris have operated on differ. North and South CorollM, Vb'glnls ent tracks In most communities. e Second, business attraction programs am btcominf better balanced. Surveyed organizations are putting more em)hasis on affectlve follow-up after prospects have been Identified, either by the organizations'nemselves or by their up- stream partners. a Third, cooperation with upstream partners, espeaally stale agencies, seems to be getting better. e Fourth, local economic develorment `xganlzations are devoting more effort tj maintaining effective communications with stakeholder lit their communi- ties. Given increased opposition ti development In many places, this emphasis on building community support is very Important. Ike Economic 6 Dneosrapt a Trends Newsletter Is a publication or Growth Strategies Organization, Inc. (EIN 1y39dJ11. Subscription We Is SI lw 11011A bi-monthly Issues or Sl S! for eleven monthly Issues (txcluding January). for first-class msit outside North America, add $20 , Newslotcn can Also be duwnloodcd from OSO'a Internet web site (wwwaonomicruategieacom) by obtio" ns user r name and password from GSO. For tubscrlpuon Infurmatlun, change of address, or password, call (970) 419.9164,,Arlte to r GSO. 2711 Vermont Court, Vail, Co 91671, or send m a-mail to gsoboylegvail.nct 2'utwHben are authedzed to reproduce Information In this r k, Newdettet wlth attribution v` rt,t 12th annual w-A&I edition of the Newslener is baud on survey research conducted by OSO. It s available stno coati, to Newslener i ,ubscrli. en and w strvey participants Otherscan purchase it rot 135 from drowth Strategies Organization N the above address 1 Survey Report Paps 24 3+i8 t i w RESULTS FROM THE LOCAL GOVERNMENT ECONOMIC DEVELOPMENT SURVEY Gary P. Green Daniel Monroe Sullivan Department of Rural Sociology University of Wisconsin, Madison 1450 Linden Dr" Madison, WI 63709 Telephone: (808) 283.8029 Fax (806) 262.8022 ~ E-mail: dsuilive* uo.wlso.edu a r Or \ 37C i I M Since the early 1980's, the federal government has A second important resource is economic develop- been increasingly withdrawing from directly partici- ment staff. Municipalities average six professional pating in the "lives" of American cities, This trend practitioners, along with 3.3 support staff. These has been most recently illustrated by changes in the figures differ substantially by size, ranging from 2.5 welfare system that Inevitably put more burden on professionals and 01 support staff for the smallest- cities (and states) to create jobs and otherwise sized cities to 23.9 and 16.8 for the largest. promote economicdevelopment within thelrjurisdic- tion. The goal of the Local Government Economic Economic Development Development Survey is to document the different Activities and Results ways in which municipalities across the United States are attempting to promote economic devel- Municipalities not only dedicate substantial re- opment. sources to economic development, but they employ these resources in many different programs, Local The surveywassenttolocal government officialsIn government economic development activities are 497 cities In the United States with a population divided Into four categories: (1) business retention greater than 50,000. Two hundred and forty-three and expansion; (2) small business development; (3) municipalities responded, resulting In a 48.6% business attraction; and (4) general fieftlies. resporl rate. Here Is the distributlon of the partici- pating cities by population $ize: In terms of business retention end expansion, periodically calling on and surveying local busi- (a) 50,000.74,999 -101 titled; nesses are the most common activities (79% and (b) 75,000-99,999 - 43 cities; 65%, respectively), followed by having a written (c) 100,000.249,999 - 65 clues; retant on/expanslon plan (40%) (See Figure 11. (d) 250,000+ - 33 cures. During the last three years, 86% of local govem- ments helped expand local businesses. They The survey focused on five Issues: helped, on wmrage, 13 firms and have added 933 (1) resources; (2) economic development activities Jobe (at entry-level wages of $9.95). Sixty-seven and results; (3) business Incentives, (4) local percent of local governments successfully retained government relations with other amomlcdevelop- dims, averaging over six firms and 687 jobs (at ment organizations; and (5) ways of organLJng entry-fevelwages of $10.61Amr), economic development $es Appendix A for re• sponses to these questions by titles of different population sizes. t. itmnt+ou me wANSION Aetnrmes Reaouroes MuniclpalWes responding to our survey spend a w" Low*++■« significant amount of money to promote eCOr Tilic development, averaging $3,300,000 annually. The I"" LOWwowr ~e smallest-sized older average $700,000, whin the largest average $21,000,000. However, the sco- nomlc deve lopment budget awerrtpeaare somewhat r misleading u they are influenced by a few murtid- pelities that spend much more then the majority. ~ "-"gip p 100 The median budget is 5330,000 (i.e., one-half of the respondents spend less than $350,000 and the v. other haM spend more). , Municipalities obtain the majority of their budget from local revenues (891 with much of the re• msinlrlg funds coming from the federal government 38C M Municipalities are engaged in a limited number of The mostcommon general economic development activities to promote smalt business development, activities are downtown revitalization obtain- with just 26% having a program and 22% having a ing grants from larger governmental units (6816), written plan for small business development (See and having a written economic development plan Figure 2). Approximately 15% operate a business (6506) (See Figure 4), Only 211% of wunlcipalitlas incubator. During the last three years, 57% of local have a job training program, although 6916 of the governments helped start up new businesses; they largest communities operate one. averaged 15 new businesses and 545 jobs created (at entry-level wages of $8.80/hour). Figure 7. Figure i. SMALL BUSINESS DEVELOPMENTACTIVRIEa OTHER ECONOMIC DEVELOPMENTACTIYRIEe Dnfto ftVC hAWi►bPl^' !1 spur ealwl ~x a UuL p DMNapnwe rroeM ` WrA/nlm+DwMaP'tiM W , WnAM emir eulWlu NNbd idaw wid lira" /t DHIbpMfR►Yn 12 UWW pm= Y u1a e✓nr ]I 71 IuMwlwvwa 11 MAW Raft b Tn"PMWWn 1 o s +0 hero/ n n W 1 n im Although it Is generally recognized that ratan. tionlexpanslon and small business development Bnsineae InOwIves have increasingly come into favor among economic development practitioners, business attraction Business Incentives remain a popular means for remains popular. The most frequently used activt• promoting economic development, although munid- I ties for attracting businesses are developing a palltiss are increasingly adding controls to these community economic profile (85%), distributing Incentives. A majority of municipalities offer Incen• promotional brochures and advertising (77%), tives as part of retention end expansion (69%), providing aite maps (70%), and vlaNing prospective small business development (81%), and busir ass businesses (60%) ;Soo Figure 3). Thirty-one per- attraction (68%). The most common types of cent operate or own an Industrial park. During the incentWe are ktfrestructural support (42%), tax last three years, 85% of focal governments suc• abatement (411 low-cost bans (41%). and tax cesafully recruited firms; they averaged 17 firms Increment financing (38%) (See Figure 6). ti and 1,743 workers (at entry-level wages of $10,34/hour). 0 BLNNNeee ATTTIIIIAACTON AOTIVmae BUSINESS elCalmvas DWMMNgI HpM M TM Nypen Illtlllllllttit~/1 y /D ov"Wob" 11014d" We" Middle A&W" P% W W rl OMr ~1 tWYMf1 70 Yom b F,1/ lanNaM W~e/.n , ID/ . y it Craw 11 a wy~ wu" edge kig'" IV~YMe Ye 11 IWO" 1 ~WaWrM b 'Ciao w dD so 39C Municipalities are increasingly faking measures to zations (47910) (See Figure 7). In turn, non-munlci• ensure that their community benefits from business pat economic development organizations frequently incentives by: (1) estimating the pe)tential benelhs participate in developing their local government's of prospective firms to the community before economic development strategies, especially the offering incentives; and (2) requiring a performance Chamber of Commerce (86%), county or regional agreement. For example, 8891° of municipalities at public-private economic development organizations least sometimes perform a cost/benefit analysis, (58%), real estate or property developers (569:), while 80% at least sometimes use a formal written and local public-private economic development criteria before offering business incentives to organizations (54%) (See Figure 8). prospective'!rms. In addition, 85% of communities at least sometimes require a performance agree- Fieur• T ment from a firm in exchange for business Incen• ORGANILkDGN9 INFLUENCING tives (Sea Figure 6). Job creation is usually the LOCAL GOVEZANMINT STRATEGIES principal goal of the agreement, tTM«r d C°nrwn N C N Rw Epw a RraOMy DvdoOn N Fleury E, taus Ecavrt Dav. Orprarla+ st CONTROLS ON eWlNtee eVeeaNee urwt.R 4f CWW0*Vilet*"%«rrm U Faft"I AgNarytI til~N Cawr Oa«m+° er° oa.r.r.rn N uw ««r ca.EY[rd s ROmW *"dem C,Mtt b Prka Own= 34 116d" G°Y«wirn 11 M ° 10 iMern10 I00 eam°nRe Rn.rrw 4 0 f0 70 K' aNMNBAIM' Flrn S. LOCAL OoVOR E INFLUENCING Local Qovernmsrd Relatlona With Other oT►NR oROAW►TloNr srRATEaa Economic Deve)opmertts Organisations CA~ it C«d«w u ~E~ S7 Local government officials Interact with a variety of ~t 41_ groups in their community as they promote III cRUad+d/"o oT.ow ~ d nomic development. Interaction often Includes'. ewq T (1) coordinating economic development activities; (2) participating in 04 developmemtof other organs- Awedr°«m°«ror.wv. ,o zations' economic development strategies (and vice uw+ b N 10 versa); and (3) holding public meetings. 10 Ninety-nine percent of munk'!!u%ss at least some- times coordinate their Activities whh other economic development organizations. i govemmente In addition to Interacting with economic develop. often participate In devell ping the economic devel• ment organisatkxa, many municipalities hold public opment strategies of other organizations. They meetingetodiscusseoonomkdevelopment issues. most frequently InNuenee the Chamber of Com• They average 19 meetk►ge per year, attended on merce (62%), County or regknai public-private average by 41 dtizera. Of those that attend, 77°h economic development orgiii ations (37%), and are generally in favor of the munkipatitlls economic local public. private economic d evelopment organi development activities, while 23% are against k. 1 y 40C Organizing Economic Development during the past three years, bit not significantly more than local governments that organized their Most municipalities promote economic development economic development activities in different ways, either (1) through a department final includes, but is The one exception is that separate economic not limit Ed to. economic development (iii COmmu- develcpment departments recruited significantly nAydevelopment orplanning department) (40°ia),of morekrms. (2) Ina department specifically de6zated to promot- ing economic development (361k' (See Figure 9). &urnmery and Conclusions 'rho evidence presented here suggests that most Fieur.+, cities in the United States actively promote eco- f wNEp..E CITIES CARRY OUT ECONOMIC DEVELOPMENT nomic development, and they are successful in increasing the number of firms and jobs in their hn at a Lrp Ag.m communities. Local governments, especially those W6 a separate economic development department, P31 employ significant amounts of financial and bureau- cratic resources, and engage In a variety of pro- MiyarL04df i grams to promote retention and expansion, small business development, and business attraction, or Uba,;8, often their efforts Include business Incentives, frequently using cost/ benefit analyses, formal 0 0 :rte b w written criteria, and performance agreements to ensure that thelr community will get a fair "return" on their "investment.' The remaining municipalities use the mayor or cit, manager's off lee (19%) or several linedeportmenu. The next part of this project will be to analyze the (6%1 ,ie way In which best governments organize impact tat nongovernmental local economic their economle development scMas can, in some development organizations, such as public-private ways, have a significant Impact on the types of economic development organizations, chambers of activities they engage in. Specifically, boat govern- commerce, and ulft compenles, have on eco- rr•irits that have a separate economic development nomic development in these same communities, department: (1) have larger sconornbdevelopment We witl examine the extent to which these budgets and professional and support eta"; nongovemmental organizations Interact with one (2) engage In more activltissforretentloNellpanslon another and with their local government. Is it the of local firms, small buslnesa development, and case that more 'connected"develop mentorganiza- recruitment; (3) are more likely to offer Incentives Lions are more successful? Does it depend on the as part of their economic development strategy, typo of 'connection"? Are there differences In especially infrastnxcturst improvements, job training 6 conomic development acdvities based on the level support, and utilly rats reduction; (4) are more of public or private funds (or personnel) of these likely to always. lmpiementcontrols (l.e.,cosubensfit organizations? Our goal is to get a fuller under. , anayses, formal written crltsda to Jetarm! e eligibil- standing of the different ways In which communities iy, and perfamlance agreement) on business organize to promote socnomledevelopment, andto 4. incentives; (5) allow more invoNsmer.r ~y the stste evaluate which ways of organizing are most effect govemment and utility oompanlee In developing We. their economic development strategies; (6) are more Involved in developing the economic develop- ment strategies of the county government and local , public-private ecorromlodervaWri a Organized": and (7) have more publlo meetings regarding / economic development Separate economic devel- opment departments were successful In increasing the number of firma and jo' s In their community a1C I APPENDIX A: DISTRIBUTION OF RESPONSES BY POPULATION SIZE _ TABLE 1e Economic DoWmment Ren0yrow All Chloe 60106 75,000 100,000- 75,000 W0,000 250.000 250.000+ Ecwwmk UevW*menf Dudpat Mean 13.3M 10.7M $0.6M 11.3M 121.OM Median 1360K 1245K $286K $500K 11.900K Avrnye Nwnber Of BtaM Poemm Ww" On Eeonmf; dew Professional 6.0 8 2.7 4.4 23.9 Support 3.3 0.8 1.0 1.8 16.6 l Total fla 3.3 3.7 6,2 40.7 IML! 4i LMI Goy+meffl Economic ffmle nwA AbtlvililM _ ANCMoe 60106 7500a 1oo,ooa 75.000 10b.000 460.0) 260.000+ lwmm S"UH bullneu program 26 16 23 26 53 Written *Mail buslneM dwebpmart plan 22 13 16 25 63 Book" Incubator 18 11 0 1 S . 36 ewkwais flew om and f V&Wkn 62 78 VW*V local Mobef 79 SurvelAngloce~'ruNrx~ses 6n6 ewe eno 63 75 wrifien reten6oNexpen"i plan 36 32 33 46 63 dwlnaa Atbwtbn Community soonomic profile 16 67 66 60 84 Pmmotbnal brocnumimOU edwrWing 77 72 at 76 91 She map 71 63 63 66 76 malting proeoome low mmn 60 64 61 87 86 Direct malnng to pmspso6w buslnseea 46 47 47 36 83 Wrrilten bueMas atlrection plan 42 36 30 49 63 09WAvOrNo WAWw6on program 11 » 70 Be 91 Grants from larger gowmm"W oohs M 70 67 60 61 W>tttert eoonoanil: devslopmeM plan k 61 63 N 66 Needle W40y, 47 37 so ~n l ll oohs for lacll* 36 2277 330 36 Lobby Sa poVrr Labor survey 14 23 23 32 63 Industrial park 31 27 26 20 63 Job tmlrMng program 21 W 14 20 86 J 42C tI i ti TAbL£ 3' £conomi Olio m Results During Last Thr" Yeere AN Cttlaa 50,000 75,000 100.000- 75.000 100.000 250.000 250.0004 BUafnisa Expulsion Local government j Involved 77 85 92 100 Firms expended 13 7 8 7 48 Jobs created 034 300 558 708 3.288 Entry-level we pee (S) 0.98 9,54 11.35 9.83 9.34 Mishear ReWtlon i Local governments Involved 67 56 74 67 94 Firms retained 6 3 4 S 20 Jobs stained (0) 667 478 283 S66 1,838 Erlbylevel wspa (S) 10.61 11.45 10.25 9A9 10.45 I smMMBwn►sss awlop,wnt L9u l govemmento In *d(%) 67 53 46 51 66 Raw IRMO bwlnee4, 4 16 12 15 9 32 Jobs ended (0) 646 170 231 850 550 Entry-level wages (S) 1.10 8.90 9.20 0,40 6.70 OLVArms AttraoNoA Local governments Involved 66 65 78 85 97 Firms recruited 17 9 10 21 37 Jc'a cmilid (9) 1,748 832 804 2,011 4,531 rtn*level wages (S) 1034 9,90 10.00 10.40 11.70 ~TABLI 4d QuslMSa 11t6tsritlVM AS CNlee 60,00 761000. 100,000• _ 76,Q()Q 100.000 260.000 Mug Peraard ncentivvees W nlIOt ONW6ion N as" 74 14 InarNh iab"bwiMMN 11 57 40 86 11 aftWon Uw noon lpia~ Task" 11een4A+n1 65 49 15 18 i Iniraelnulure 41 42 26 30 54 Tax abstemem 41 40 30 45 46 LOW-call loans 40 37 37 42 52 T1F s1 31 44 41 42 31 so 28 39 Job tri 330 Job taining suppoA 0 22 33 26 6 Free Iand4and wAM down 23 21 13 16 23 27 22 42 Tax credit ulll6y ate reduo6on 13 14 9 6 27 Subeldized building 1 1 2 11 16 I A.." 1 (Ire .t 43C t TABLE 5• Municipal Controls on Buslnoe Subsidies All Ciliaa 501000 751000 100,000 _ 75.000 100.000 I50 No 250,000+ Percent Do You Perform A CosMonofIt Analysis Before Offering lnantlva? Always 44 43 40 43 55 Usually 20 19 18 21 23 Sometimes 24 23 32 24 19 Never 12 15 11 13 3 Do You Ws Fon W Written Crlhrfs To Dltermine Eflgfbilify For lo?MtM s? Always 40 30 37 49 55 Usually 23 26 21 24 17 Sometimes 16 111 13 18 21 Never 20 28 20 11 7 Do You R"ukl A Psrlormana Areonlent As A Condition For QM V hawritws f Always 30 38 32 44 43 Usually 27 24 32 29 23 Sometmes 21 21 18 19 30 Never 14 20 18 8 3 F JASL! A• Lpaa1 Gowrnmsnt twat ON With Other EcOnpf~s~MI Oraanlsation AN Cid" 50,000. 751000 100,000 _ 76,000 00.000 250.000 266.000+ Orgsr1bWase fist pw**b in DswlspMq LOON QOV•mnr•M E D•vsfopnnrM EMNOIss Chamber of oommeros is 84 94 85 86 CountytrsgWsl soonomio deveicpmaM pry. 6• 65 66 54 73 Heal estate or property developer 8e 8o 52 54 68 Lot%l economic developm•M organisrlicn 64 61 ~ 43 41 769 3 k UVOUSa 47 43 CiNzommIghborhood organization 47 39 56 41 s9 County gowmmeM 44 43 55 41 48 we govemmeM 41, 37 55 33 60 30 31 35 41 62 UntieYJco •xtenebn Prhrat• consultant 34 31 28 39 42 Federal govemmeM Is 12 18 13 36 s OrBsrllratlons pa Whl•h You 116 VO•& At at r kpkp Tftk 18~.1d Dswfepnnnf tErOWW Ch~ Of o0mm•roe 63 87 87 66 46 Counlylregicnsf OOOramlc dOV414 "I M. s7 63 63 62 57 Local soonon* devefopMM'olpaniuticn 27 41 42 42 20 44 29 66 C01z•Nneighborhood orprib aBon 1 14 23 17 3 County gwivrowt 17 Heal osts of ProOeM davekWr 19 13 1 81 4 U016011 ' F TABL9 7: pUMIC McWnge fleEardiflq t?oonarnio DmWpowit' AN C111M 001000 7llMo. 100.6 0 t r 76000 100.000 1.000 e60.000r l + Public meetlngs 18 43 13 14 70 Avenge number of residents a1lndng 41 311 44 94 Monde" In favor of soonomic dwelopmeM N TT 79 72 7 1 9 83 ~MWdm opposed to worwa development M 23 22 20 21 17 J 1: DuM2leet cc Iliad YW. 44C r. \i END OF FILE i r" l r I i