HomeMy WebLinkAboutNovember 19, 2012 AgendaAGENDA
CITY OF DENTON CITY COUNCIL
November 19, 2012
After deternuning that a quonim is present, the City of Denton City Council will convene in a
Special Called Regular Meeting on Monday, November 19, 2012 at 10:00 a.m. in the Council
Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items
will be considered:
1. Pledge of Allegiance
A. U.S.FIag
B. Texas Flag
"Honor the Texas Flag — I pledge allegiance to thee, Texas, one and indivisible."
2. Consider adoption of an ordinance canvassing election ret�irns of the Bond Election held
on November 6, 2012; and providing for an effective date.
3. Consider approval of a resolution of the City Council of the City of Denton, Texas
authorizing the filing of a project application with the Texas Department OF
Transportation for a federally-funded Transportation Enhancement Program grant in the
amount of $1,325,138; delegating and authorizing George C. Campbell, City Manager, or
his designee, to act on behalf of the City in all matters that are related to this project
application, pledging that if funding for this project is received, the City of Denton will
comply with all proj ect requirements of the Texas Department of Transportation, a
department of the state of Texas; the City Manager is authorized to expend funds in
accordance with the match provided for in the grant should the grant be awarded to the
City; providing for ratification and confirmation of the resolution and an effective date.
The Traffic Safety Commission recommends approval (6-0).
CERTIFICATE
I certify that the above notice of ineeting was posted on the bulletin board at the City Hall of the
City of Denton, Texas, on the day of , 2012 at o'clocic
(a.m.) �P.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE 1N
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL
PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF
REQUESTED AT LEAST 48 HOURS 1N ADVANCE OF THE SCHEDULED MEETING.
PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE
TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-
RELAY-TX SO THAT A SIGN LANGUAGE 1NTERPRETER CAN BE SCHEDULED
THROUGH THE CITY SECRETARY'S OFFICE.
AGENDA INFORMATION SHEET
AGENDA DATE: November 19, 2012
DEPARTMENT: City Manager's Office
CM: George Campbell, City Manager
SUBJECT
Consider adoption of an ordinance canvassing election returns of the Bond Election held
on November 6, 2012; and providing for an effective date.
BACKGROUND
The City Council ordered an election to be held on November 6, 2012 for the approval or
disapproval of the issuance of $20,400,000 of general obligation bonds for street
improvements with up to $400,000 of that amount to be used for related public art
improvements. This ordinance formally canvasses the results of that election.
Respectfully subnutted:
Jennifer Walters
City Secretary
CERTIFICATE FOR ORDINANCE
THE STATE OF TEXAS
COUNTY OF DENTON
CITY OF DENTON
We, the undersigned off�icers of said Cit�T, hereb�T certif�T as follo��� s:
L The Cit�T Council of said CiriT convened in SPECIAL MEETING ON THE 19TH DAY OF
NOVEMBER, 2012, at the CittT Hall, and the roll ���as called of the dul�T constituted off�icers and members
of said Cit�T Council, to ���it:
Marlc Burroughs, Ma�Tor
Kevin Roden
Dalton GregonT
Jim Engelbrecht
Pete Kamp, Ma�Tor Pro Tem
Chris Watts
James King
and all of said persons ��� ere present, eicept , thus constituting
a quorum. Whereupon, among other business, the follo���ing ���as transacted at said Meeting:
AN ORDINANCE CANVASSING ELECTION RETURNS OF THE BOND ELECTION
HELD ON NOVEMBER 6, 2012; AND PROVIDING FOR AN EFFECTIVE DATE
��� as dul�T introduced for the consideration of said Cit�T Council and reacl in full. It ��� as then dul�T moved and
seconded that said Ordinance be passed; and, after due discussion, said motion carnTing ���ith it the passage
of said Ordinance, prevailed and carried b�T the follo���ing vote:
AYES: NOES: ABSTENTIONS:
2. That a true, full and correct cop�T of the aforesaid Ordinance passed at the Meeting described in
the above and foregoing paragraph is attached to and follo��� s this Certificate; that said Ordinance has been
dul�T recorded in said CittT Council's minutes of said Meeting; that the above and foregoing paragraph is a
true, full and correct eicerpt from said CittT Council's minutes of said Meeting pertaining to the passage of
said Ordinance; that the persons named in the above and foregoing paragraph are the dul�T chosen, qualified
and acting officers and members of said Cit�T Council as indicated therein; that each of the officers and
members of said Cit�T Council ��� as dul�T and sufficientl�T notif�ied officiall�T and personall�T, in advance, of the
time, place and purpose of the aforesaid Meeting, and that said Ordinance ���ould be introduced and
considered for passage at said Meeting, and each of said officers and members consented, in aclvance, to the
holding of said Meeting for such purpose, and that said Meeting ��� as open to the public and public notice of
the time, place and purpose of said meeting ���as given, all as required b�T the Teias Government Code,
Chapter 551.
3. That the Ma�Tor of said Cit�T has approved and hereb�T approves the aforesaid Ordinance; that
the Ma�Tor and the Cit�T SecretanT of said Cit�T have dul�T signed said Ordinance; and that the Ma�Tor and the
Cit�T SecretanT of said CittT hereb�T declare that their signing of this Certif�icate shall constitute the signing of
the attached and follo���ing cop�T of said Ordinance for all purposes.
SIGNED AND SEALED the 19th da�T of November, 2012.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:•
ORDINANCE NO. 2012-
AN ORDINANCE CANVASSING ELECTION RETURNS OF THE BOND ELECTION HELD ON
NOVEMBER 6, 2012; AND PROVIDING FOR AN EFFECTIVE DATE.
THE STATE OF TEXAS
COUNTY OF DENTON
CITY OF DENTON
WHEREAS, the Cit�T Council of the CittT of Denton, Teias ("Cit�T") ordered an election to be held
in the Cit�T on November 6, 2012 for the approval or disapproval of general obligation bonds on the
PROPOSITION hereinafter stated; and
WHEREAS, said Cit�T Council has investigated all matters pertaining to this election, including the
ordering, giving notice, officers, holding and malcing returns of this election; and
WHEREAS, the election off�icers ���ho held the election have dul�T macle the returns of the result
thereof, and these returns have been dul�T delivered to the Cit�T Council; and
WHEREAS, it is hereb�T officiall�T found and determined that the meeting at ���hich this ordinance
��� as passed ��� as open to the public, and public notice of the time, place, and purpose of said meeting ��� as
given, all as required b�T the Teias Government Code, Chapter 551; NOW, THEREFORE;
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION L That the Cit�T Council officiall�T finds and determines that the election held on
November 6, 2012 ��� as dul�T ordered, that proper notice of this election ��� as dul�T given, that proper election
officers ��� ere dul�T appointed prior to this election, that this election ��� as dul�T held, that the Cit�T has
complied ��� ith the Federal Voting Rights Act and the Teias Election Code, that the returns of the result of
this election have been made and delivered to the Council, and that the Cit�T Council has dul�T canvassed
these returns, all in accordance ���ith the la��� and the ordinance calling this election.
SECTION 2. That the off�icial returns of the election off�icials having been opened, eiamined, and
canvassed and the Cit�T Council officiall�T finds and determines that 32,331 votes ���ere cast at this election
on the submitted PROPOSITION b�T the resident, qualified electors of the Cit�T, ���ho voted at the election
and that the votes cast for such proposition on the ballot for the bond election ��� ere as follo��� s:
EARLY/ABSENTEE VOTING:
PROPOSITION NO. 1
17,162 FOR
THE ISSUANCE OF $20,400,000 OF PUBLIC SECURITIES FOR
STREET IMPROVEMENTS WITH UP TO $400,000 OF SUCH
AMOUNT FOR RELATED PUBLIC ART IMPROVEMENTS
5,097 AGAINST )
REGULAR VOTING:
PROPOSITION NO. 1
092 FOR )
THE ISSUANCE OF $20,400,000 OF PUBLIC SECURITIES FOR
STREET IMPROVEMENTS WITH UP TO $400,000 OF SUCH
AMOUNT FOR RELATED PUBLIC ART IMPROVEMENTS
980 AGAINST )
TOTAL VOTES CAST:
PROPOSITION NO. 1
25,254 FOR )
THE ISSUANCE OF $20,400,000 OF PUBLIC SECURITIES FOR
STREET IMPROVEMENTS WITH UP TO $400,000 OF SUCH
AMOUNT FOR RELATED PUBLIC ART IMPROVEMENTS
7,077 AGAINST )
SECTION 3. That the CittT Council officiall�T fmds, determines, and declares the result of said
election to be that PROPOSITION NO. 1 so submitted has received a favorable majorit�T vote in all respects
and has carried.
SECTION 4. That the aforesaid bonds ma�T be issued as voted and as provided b�T la��� .
SECTION 5. That this ordinance shall become effective immediatel�T upon its passage and
approval.
2
PASSED, APPROVED AND EFFECTIVE this the 19th da�T of November, 2012.
ATTEST:
CITY SECRETARY, CITY OF DENTON
MAYOR, CITY OF DENTON
APPROVED AS TO LEGAL FORM:
CITY ATTORNEY
BOND ATTORNEYS
City of Denton Cumu[ative Repor� — Unofficiai
�ENT�N COUNTY — 2Q12 G�NERAL E�ECTION — Novem�er 06, 2�12
Page 1 of 7 '[1l95I2012 05:00 PM
iotal Number of Voters : 245,2$7 af 391,024 = fi2.73% Precincts Reporting 992 of 182 = 100.00%
Number af pistrict Vaters: 37,853 of 63,000 = 6C1.08% District Precincts Reporting 33 af 33 ='[OOAO°/
Party Candidate Ahsentee Early ��� Eiection����� 7vtal ����
PROPOS[T[ON i, Vote For 9
FOR �.07y 68.85% 1fi,143 77.69% 8,092 80.34% 25.254 78.11°/a
AGAINST 4S1 3?.15% 4,636 22.31% 4,980 19.66% 7,p77 21,89%
Cast Votes: 1.48o g"�.65% 2�.TJ9 64.43% 9 0.072 87.78% 32,331 85.41%
Over Votes: 0 O.DO% p 0.00% p 0.00% 0 0.00%
UnderVotcs: Zgg �g,34/o 3,g31 �5.57% 1,4f�2 12,22% 5,522 14.59%
AGENDA INFORMATION SHEET
AGENDA DATE: November 19, 2012
DEPARTMENT: Parks and Recreation Department
ACM: John Cabrales ��
SUBJECT
Consider approval of a resolution of the City Council of the City of Denton, Texas authorizing
the filing of a project application with the Texas Department of Transportation for a federally-
funded Transportation Enhancement Program grant in the amount of $1,325,138; delegating and
authorizing George C. Campbell, City Manager, or his designee, to act on behalf of the City in
all matters that are related to this project application, pledging that if funding for this project is
received, the City of Denton will comply with all project requirements of the Texas Department
of Transportation, a department of the state of Texas; the City Manager is authorized to expend
funds in accordance with the match provided for in the grant should the grant be awarded to the
City; providing for ratification and confirmation of the resolution and an effective date. (Traffic
Safety Commission recommends approval 6-0).
BACKGROUND
In early October, the City received information that TxDOT would be holding a meeting to
present information on their call for proj ects for the Transportation Enhancement Program. The
meeting was held October 22, 2012 at the North Texas Council of Governments (NTCOG)
offices. The deadline for submittal of projects is November 16, 2012. There are 12 federal
categories in this call for proj ects and they will grant a maj ority of the funds to Category 1:
Provision of Facilities for Pedestrian and Bicycles (approximately 50%). Eighty percent of the
construction costs are reimbursable and the City's share of the project must be cash, not in-lcind
services. The City must have the ability to make contractor payments during constniction.
Engineering and ROW acquisition are not reimbursable on Category 1 proj ects. Proj ects with a
greater than 20% match will be ranlced higher in the selection process. TxDOT will be ranlcing
projects higher if engineering and ROW acquisitions are complete. Projects must be completed
in four years.
Staff has examined the current list of projects that might be potential candidates for this program.
We have one project that fits the criteria and has completed enough engineering that it should
qualify. This proj ect, the Evers Parlc Bridge and Trail Proj ect, would connect Evers Parlc, Evers
Parlc Elementary School, Stricldand Middle School, and North Branch Library to the McKamy
Evers Estate and North Point subdivisions to the north. Currently, there is no direct linlcage of
those areas without traveling along FM 2164 (Locust Street) to the east, connecting these
neighborhoods, schools, and parlc facilities with a bilce and pedestrian trail.
AIS Grant for Pedestrian Improvements
November 19, 2012
Page 2 of 2
This project would also extend the hard surface trail north to the LTNT Discovery Center and
North Lalces Parlc, and south to connect with the planned bicycle lanes on Windsor and Hinlde
Streets and the existing Cooper Creelc Trail.
OPTIONS
City Council may approve or deny the recommendation to approve this resolution of financial
support and enter into an agreement with Texas Department of Transportation for constniction of
this project.
RECOMMENDATION
Staff recommends approval of the resolution for financial support for this grant project.
ESTIMATED SCHEDULE OF PROJECT
Constniction is projected to begin in 2014.
PRIOR ACTION/REVIEW
At their November 5, 2012 meeting, the Traffic Safety Commission recommended approval with
a vote of 6-0.
FISCAL INFORMATION
Compensation related to this use will be an 80% Federal-20% City matching constniction grant
of the trail. Total project cost is estimated to be $1,325,138.00. The local share estimated to be
$265,028.00. Local funding will come from CIl' bond programs, Parlcs Gas Well Revenue, and
the Park Land Dedication and Development Fund.
EXHIBITS
1. Resolution
2. Map
Respectfully Submitted:
�� r�.l��
�
Emerson Vorel, Director
Parks and Recreation Department
RESOLUTION NO. R2012-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
AUTHORIZING THE FILING OF A PROJECT APPLICATION WITH THE TEXAS
DEPARTMENT OF TRANSPORTATION FOR A FEDERALLY-FLJNDED
TRANSPORTATION ENHANCEMENT PROGRAM GRANT IN THE AMOUNT OF
$1,325,138; DELEGATING AND AUTHORIZING GEORGE C. CAMPBELL, CITY
MANAGER, OR HIS DESIGNEE, TO ACT ON BEHALF OF THE CITY 1N ALL MATTERS
THAT ARE RELATED TO THIS PROJECT APPLICATION, PLEDGING THAT IF
FLJNDING FOR THIS PROJECT IS RECEIVED, THE CITY OF DENTON WILL COMPLY
WITH ALL PROJECT REQUIREMENTS OF THE TEXAS DEPARTMENT OF
TRANSPORTATION, A DEPARTMENT OF THE STATE OF TEXAS; THE CITY
MANAGER IS AUTHORIZED TO EXPEND FLJNDS 1N ACCORDANCE WITH THE
MATCH PROVIDED FOR IN THE GRANT SHOULD THE GRANT BE AWARDED TO
THE CITY; PROVIDING FOR RATIFICATION AND CONFIRMATION OF THE
RESOLUTION AND AN EFFECTIVE DATE.
WHEREAS, the Texas Department of Transportation ("TXDOT"), a department of the
State of Texas, has issued a call for projects in connection with the granting of approximately
$70 million in Federal funds for communities in Texas, which grants are to be associated with
surface transportation, and which program is called the "Transportation Enhancement Program;"
and
WHEREAS, the City of Denton, Texas is qualified to apply for project funds under the
above-referenced call for projects; and
WHEREAS, the City's grant application for $1,325,138 proposes to provide $1,059,310
in partial funding from TXDOT, and a City match of $265,828 for the Evers Parlc Bridge and
Trail Proj ect (hereafter the "Proj ect"). This Proj ect would consist of connecting Evers Parlc,
Evers Parlc Elementary School, Stricldand Middle School, and the North Branch Library to the
McKamy-Evers Estate and the North Point Subdivisions to the north, where there is currently no
direct linlcage of these areas without traveling along FM 2164 (Locust Street) to the east,
connecting these neighborhoods, schools, and parlc facilities with a bicycle and pedestrian trail.
Additionally, the proposed Proj ect would include extending the hard surface trail north to the
University of North Texas Discovery Center and North Lalces Parlc, and south to connect with
the planned bicycle lanes on Windsor and Hinlde and the existing Cooper Creelc Trail; and
WHEREAS, at its public meeting on the 13th day of November, 2012 the City Council
authorized that the grant pacicage be completed and filed by George C. Campbell, City Manager,
or his designee; as the City Council of the City of Denton has expressed their support and
interest regarding the above-referenced transportation project; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The City Council of the City of Denton, Texas hereby designates, delegates
and authorizes George C. Campbell, City Manager, of the City of Denton, Texas, to complete the
1
application, submit and send in the application to request proj ect funding under the Texas
Department of Transportation call for proj ects for the "Transportation Enhancement Program;"
and the City Council hereby empowers and authorizes George C. Campbell, City Manager, or his
designee, to act on the behalf of the City in all matters, other than the completion and sending in
of the Proj ect application, that are related to the proj ect application, and any subsequent Proj ect
contract(s) that may result therefrom.
SECTION 2. Should the grant be awarded to the City, and the Project be funded, then
the City of Denton, Texas shall comply with the requirements of the Texas Department of
Transportation, a department of the State of Texas.
SECTION 3. Should
the City Manager is hereb5
provisions of said grant.
the grant be awarded to the City, and the Project be funded, then
authorized to expend funds in accordance with the matching
SECTION 4. The Proj ect funds and any Proj ect-funded equipment and facilities will be
used solely for the purposes for which they are intended under the Proj ect.
SECTION 5. The activities of the City shall comply with and support the adopted goals
of the Texas Department of Transportation's "Transportation Enhancement Program."
SECTION 6. This resolution shall become effective, and is hereby ratified and confirmed
as of November 13, 2012.
PASSED AND APPROVED this the 19th day of November, 2012.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
I�
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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