HomeMy WebLinkAboutJuly 09, 2013 Agenda
AGENDA
CITY OF DENTON CITY COUNCIL
July 9, 2013
After determining that a quorum is present, the City Council of the City of Denton, Texas will
3:00 p.m.
convene in a Work Session on Tuesday, July 9, 2013 at in the Council Work Session
Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be
considered:
WORK SESSION
1. Citizen Comments on Consent Agenda Items
This section of the agenda allows citizens to speak on Consent Agenda Items only. Each
speaker will be given a total of three (3) minutes to address any items he/she wishes that
are listed on the Consent Agenda. A Request to Speak Card should be completed and
returned to the City Secretary before Council considers this item.
2. Requests for clarification of agenda items listed on the agenda for July 9, 2013.
3. Receive a report, hold a discussion, and give staff direction regarding the outcome of the
rd
83 Texas Legislative Session and future legislative issues and strategies.
4. Receive a report, hold a discussion, and give staff direction regarding the consolidation of
the Central Business District boundary and the Downtown Implementation Plan boundary
and recommendations on the handling of properties that would fall outside of these
former boundaries.
5. Receive a report, hold a discussion and provide direction regarding the proposed
conveyance of the Downtown Denton Transit Center from the City of Denton to the
Denton County Transportation Authority.
6. Receive a report; hold a discussion, and give staff direction regarding an update on
Chapter 13 Food and Food Service Establishments ordinance.
Following the completion of the Work Session, the City Council will convene in a Closed
Meeting to consider specific items when these items are listed below under the Closed Meeting
section of this agenda. The City Council reserves the right to adjourn into a Closed Meeting on
any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government
Code, as amended, or as otherwise allowed by law.
CLOSED MEETING
1.Closed Meeting:
A.Consultation with Attorney -- Under Texas Government Code Section 551.071.
1.Consult with City’s attorneys regarding status of litigation styled Shaklee
v. City of Denton, Cause No. 2013-20132-158, currently pending in the
th
158 District Court, Denton County, Texas.
City of Denton City Council Agenda
July 9, 2013
Page 2
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A
CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN
COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE
EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED
MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS
GOVERNMENT CODE (THE ‘PUBLIC POWER EXCEPTION’). THE CITY COUNCIL
RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE
SESSION AS AUTHORIZED BY TEX. GOV’T. CODE, §551.001, ET SEQ. (THE TEXAS
OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO
RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED
MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN
MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE
TEXAS OPEN MEETINGS ACT.
Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at
City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be
considered:
REGULAR MEETING
1. PLEDGE OF ALLEGIANCE
A. U.S. Flag
B. Texas Flag
“Honor the Texas Flag – I pledge allegiance to thee, Texas, one state under God, one and
indivisible.”
2. PROCLAMATIONS/PRESENTATIONS
A.Proclamations/Awards
1.Parks and Recreation Month
2.Citizen Forester Appreciation Day
3. CITIZEN REPORTS
A. Review of procedures for addressing the City Council.
B. Receive citizen reports from the following:
1. Shawn Farrar regarding the police department.
4. CONSENT AGENDA
Each of these items is recommended by the Staff and approval thereof will be strictly on
the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City
Manager or his designee to implement each item in accordance with the Staff recommendations.
The City Council has received background information and has had an opportunity to raise
questions regarding these items prior to consideration.
Listed below are bids, purchase orders, contracts, and other items to be approved under
the Consent Agenda (Agenda Items A – N). This listing is provided on the Consent Agenda to
allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda.
City of Denton City Council Agenda
July 9, 2013
Page 3
If no items are pulled, Consent Agenda Items A – N below will be approved with one motion. If
items are pulled for separate discussion, they may be considered as the first items following
approval of the Consent Agenda.
A. Consider adoption of an ordinance of the City of Denton, Texas authorizing the
City Manager to execute a First Amendment to a Professional Services
Agreement with Bracewell & Giuliani LLP for services in connection with the
negotiation of potential development and lease agreements among the University
of North Texas (UNT), the developer, and the City of Denton pertaining to the
inclusion of a City-owned convention/conference center and related parking
facilities in the not to exceed amount of $200,000; and establishing an effective
date.
B.Consider approval of a resolution nominating a member to the Board of Managers
of the Denco Area 9-1-1 District; and declaring an effective date.
C.Consider adoption of an ordinance of the City of Denton, Texas, granting, pursuant
to Section 17-20 of the Code of Ordinances of the City of Denton, Texas, an
exception to the limitations imposed by that section with respect to the hours of
operation for an outdoor music festival, and providing an effective date. The North
Texas State Fair Association is requesting a three-year noise exception (years
2013-2015) for the North Texas State Fair and Rodeo, which begins on the third
Friday of August and ends on the fourth Sunday of August. The noise exception is
for Monday through Thursday until 12:00 midnight, Friday and Saturday until
1:00 a.m., and Sunday until 11:00 p.m.; sound levels will not exceed 70 decibels
throughout. Staff recommends approving the three-year noise exception request.
D.Consider adoption of an ordinance accepting competitive bids by way of an
Interlocal Cooperative Purchasing Program Participation Agreement with the City
of Garland under Section 271.102 of the Local Government Code for the purchase
of Polyurethane Concrete Lifting Material; providing for the expenditure of funds
therefor; and providing an effective date (File 5248–Interlocal Agreement for
Polyurethane Concrete Lifting Material with the City of Garland, contract
awarded to Hydraulic Mudpumps, Inc. for first year not-to-exceed amount of
$135,000 and a three-year not-to-exceed amount of $235,000).
E.Consider adoption of an ordinance of the City of Denton authorizing the City
Manager or his designee to execute a contract through the Buy Board Cooperative
Purchasing Network for the acquisition of four (4) Refuse Truck Cabs from
McNeilus Truck and Manufacturing Company, seven (7) Peterbilt chassis, and
one (1) Knuckleboom from Rush Truck Center, Crane for the City of Denton
Solid Waste department; and providing an effective date (File 5114–awarded to
McNeilus Truck and Manufacturing Company in the amount of $513,536 and
Rush Truck Center, Crane in the amount of $1,315,173). The Public Utilities
Board recommends approval (6-0).
F.Consider adoption of an ordinance of the City of Denton authorizing the City
Manager or his designee to execute a contract with the Houston-Galveston Area
Council of Governments (H-GAC) for the acquisition of three (3) auto-side load
City of Denton City Council Agenda
July 9, 2013
Page 4
refuse truck bodies for the City of Denton Solid Waste department; and providing
an effective date (File 5300–Purchase of Three Auto-Side Load Refuse Truck
Bodies awarded to DaDee Manufacturing, LLC in the amount of $447,353.46).
The Public Utilities Board recommends approval (6-0).
G.Consider adoption of an ordinance of the City of Denton, Texas authorizing the
approval of a First Amendment to a Professional Services Agreement for
Engineering Services, by and between CP&Y, Inc. and the City of Denton, Texas,
providing for the expenditure of funds therefor; and providing an effective date
(File 5045–Providing for an additional expenditure amount not-to-exceed $97,200
with the total contract amount not-to-exceed $232,200 for professional
engineering and design services for the Solid Waste Department). The Public
Utilities Board recommends approval (6-0).
H.Consider adoption of an ordinance authorizing the City Manager to execute a
Professional Services Agreement (PSA) with Dunaway Associates, L.P. for
design services for the new multiple-use field improvements at North Lakes Park,
and providing for an effective date (File 5273–Design of Multiple-Use Fields at
North Lakes Park awarded to Dunaway Associates, L.P. in the amount of
$145,170).
I.Consider adoption of an ordinance of the City of Denton, Texas providing for,
authorizing, and approving a three (3) year contract for Bunker Gear for the City
of Denton Fire Department, which is available from only one source and in
accordance with Chapter 252.022 of the Texas Local Government Code such
purchases are exempt from the requirements of competitive bidding; and
providing an effective date (File 5178 awarded to Casco Industries, Inc. for a
three (3) year not-to-exceed amount of $300,000).
J.Consider adoption of an ordinance of the City of Denton, Texas providing for,
authorizing, and approving the expenditure of funds for the purchase of a dry-pit
submersible pump from DXP Enterprises, Inc., which are available from only one
source and in accordance with the pertinent provisions of Chapter 252.022 of the
Texas Local Government Code, such purchases are exempt from the requirements
of competitive bidding; and providing an effective date (File 5296–Purchase of
Submersible Pump for Pecan Creek Water Reclamation Plant in the amount of
$67,925). The Public Utilities Board recommends approval (6-0).
K.Consider adoption of an ordinance awarding a contract for a thirty-six (36) month
lease of approximately fifty-five (55) black and white digital copiers for various
City of Denton departments as awarded by the State of Texas Department of
Information Resources (DIR) through the Go DIRect Program, Contract Number
DIR-SDD-1622; providing for the expenditure of funds therefor and providing an
effective date (File 5280 awarded to Canon Solutions America, Inc. in the not-to-
exceed amount of $283,572 with the exception of an $.0068 overage rate).
L.Consider adoption of an ordinance accepting competitive bids and awarding a
contract for the purchase of six (6) Dodge heavy duty trucks for the City of
Denton Electric, Water, and Wastewater Departments; providing for the
City of Denton City Council Agenda
July 9, 2013
Page 5
expenditure of funds therefor; and providing an effective date (Bid 5258–awarded
to Dallas Dodge in the amount of $325,287). The Public Utilities Board
recommends approval (6-0).
M.Consider adoption of an ordinance of the City of Denton, Texas authorizing the
approval of a First Amendment to a Service Agreement for veterinary services, by
and between Animal Hospital on Teasley Lane and the City of Denton, Texas,
providing for the expenditure of funds therefor; and providing an effective date
(RFP 4726–Providing for an additional expenditure amount of $600,000 with the
total contract amount not-to-exceed $750,000 for veterinary services for the
Animal Services Division).
N.Consider adoption of an ordinance of the City of Denton, Texas authorizing the
City Manager, or his designee, to execute a Contract of Sale (herein so called), as
attached hereto and made a part hereof as Exhibit “A”, by and between Amina
Hamid Al-Khafaji, individually and as Independent Executrix of the Estate of Ali
Al-Khafaji, deceased, as Owner (the “Owner”), and the City of Denton (the
“City”), regarding the sale by the Owner and purchase by the City of fee simple to
a 3.839 acre tract of land, more or less, being situated in the M. Yoachum Survey,
Abstract No. 1442, located in the City of Denton, Denton County, Texas, as more
particularly described in the Contract of Sale, located generally in the 3300 Block
of East McKinney Street (the “Property Interests”), for the purchase price of Two
Hundred Ninety Thousand Dollars and No Cents ($290,000.00), and other
consideration, as prescribed in the Contract of Sale; authorizing the expenditure of
funds therefor; authorizing relocation expenses and advisory services, if
applicable; and providing an effective date. (Fire Station No. 2 Improvements
Plan)
5. ITEMS FOR INDIVIDUAL CONSIDERATION
6.PUBLIC HEARINGS
7. CITIZEN REPORTS
8. CONCLUDING ITEMS
A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries
from the City Council or the public with specific factual information or recitation
of policy, or accept a proposal to place the matter on the agenda for an upcoming
meeting
AND
Under Section 551.0415 of the Texas Open Meetings Act, provide reports about
items of community interest regarding which no action will be taken, to include:
expressions of thanks, congratulations, or condolence; information regarding
holiday schedules; an honorary or salutary recognition of a public official, public
employee, or other citizen; a reminder about an upcoming event organized or
sponsored by the governing body; information regarding a social, ceremonial, or
community event organized or sponsored by an entity other than the governing
body that was attended or is scheduled to be attended by a member of the
City of Denton City Council Agenda
July 9, 2013
Page 6
governing body or an official or employee of the municipality; or an
announcement involving an imminent threat to the public health and safety of
people in the municipality that has arisen after the posting of the agenda.
B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
CERTIFICATE
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the
City of Denton, Texas, on the ________day of ___________________, 2013 at ________o'clock
(a.m.) (p.m.)
__________________________________________
CITYSECRETARY
NOTE: THECITYOFDENTONCITYCOUNCILCHAMBERSISACCESSIBLEIN
ACCORDANCEWITHTHEAMERICANSWITHDISABILITIESACT.THECITYWILL
PROVIDESIGNLANGUAGEINTERPRETERSFORTHEHEARINGIMPAIREDIF
REQUESTEDATLEAST48HOURSINADVANCEOFTHESCHEDULEDMEETING.
PLEASECALLTHECITYSECRETARY'SOFFICEAT349-8309ORUSE
TELECOMMUNICATIONSDEVICESFORTHEDEAF(TDD)BYCALLING1-800-RELAY-
TXSOTHATASIGNLANGUAGEINTERPRETERCANBESCHEDULEDTHROUGHTHE
CITYSECRETARY’SOFFICE.
WorkSession3
AGENDA INFORMATION SHEET
AGENDA DATE:
July 9, 2013
DEPARTMENT:
General Government
ACM:
John Cabrales, Jr.,
SUBJECT:
Receive a report, hold a discussion, and give staff direction regarding the outcome of the83Texas
rd
Legislative Session and future legislative issues and strategies.
BACKGROUND:
The City of Denton compiled its key legislative issues into the 2013State Legislative Program for the
rd
83Session of the Texas Legislature. This Program was adopted by City Councilon December 18,
2012. The Program consistsof issues that we anticipated theTexas Legislaturewould consider,
primarily relatedto state initiatives that impact city finances, development and land use, rights-of-way,
regional transportation, utility, and public safety issues.
rd
The 83Texas LegislatureRegular Sessionprimarily focused on key issues of education, healthcare,
water, and the budget.Although transportation was thoughtto be a critical issue, and it seemed the
politicalwill existed to passsubstantive funding reform, the bills simply died in the second week of
May with littlefurtherdiscourse on the topic.The Governor called a special session the very same day
assine die,May 27,to only includeredistricting;but, due to mounting pressure from special interest
groups, he added transportation infrastructure funding, juvenile justice, and abortion to the calljust
days later.The first special sessionended dramatically on June 27 without bringing the transportation
or juvenile justice bills to a vote,thus dying once again. The Governor then called a second special
session, which began July 1 and cannot last more than30-days.
The Important Numbers
Lawmakers filed fewer bills in the 2013 session as compared to 2011. 6,061bills and proposed
constitutional amendments were filed, 23.7 percent of which passed.Compare that to 6,303bills in
2011, a slight decrease of almost fourpercent, with a passage rate of 22.4 percent.Indeed,the volume
of bills that could have affectedcity authority was impressive. At one point we were tracking more
than800 bills that could have had some impact to Denton. Despite these numbers, cities overall
remained relatively unscathedwith only a few nicks and scratches, as TML has noted.
Agenda Information Sheet
July 9, 2013
Page 2
Total Bills Total Bills City-Related City-Related
Year
Introduced*PassedBills IntroducedBills Passed
199345601089800+140+
199551471101800+140+
1997574115021100+130+
1999590816381230+130+
2001571216211200+150+
2003575414031200+110+
2005536913971200+105+
2007637414951200+120+
2009760914681500+120+
2011630314101500+160+
2013606114371500+220+
*Includes bills and proposed Constitutional amendments; regular session only.
(Source: Texas Municipal League Legislative update, May 31, 2013)
Positive Legislative Outcomes for Cities
Overall,cities had a successful session. As anticipated,cities once again faced the very real threat of
having local budgeting authority eroded by introduction of appraisal and revenue cap measures.
Denton worked with our local government partners and stakeholdersto successfully oppose these
measures. Proposals that would have negatively impacted the ability of cities to manage and set their
budgetsfailed to move.Our message relating to the harm that these measures can produce at the local
level isbeginning to resonate with elected officials in Austin. Despite this success, proponents of
“revenue caps” in particular have vowed to continue to push for these changes.
Two bills passed that addressed the State’s critical water needs. HB 4, the enabling legislation that
authorizes funding of a 50-year water infrastructure plan through a State Water Implementation Fund
for Texas (SWIFT) and SJR 1, which is the resolution and funding mechanism for HB 4. SJR 1 will be
put to the Texas voters for approval on November 5, 2013. In addition, state legislators dedicated $2
billion from the state’s Rainy Day Fund to a new revolving loan account for water infrastructure
projects and conservation projects. Not only did the Texas Legislature get the ball rolling on funding
major infrastructure needs, but they did so without resorting to municipal water tap fees.
Agenda Information Sheet
July 9, 2013
Page 3
How Did Denton Fare?
Budget-
As you may recall, the most significant impact to Denton in 2011 wastheapproximate
$153,094 reduction in Mixed Beverage Tax revenue and $45,375 reduction in our library budget due to
the Library Resource Sharing and Local Library Aid cuts.TML, Focused Advocacy, and their partners
including Denton, successfully restored the 2009 funding level for the mixed beverage tax allocation to
cities.
The Library Resource Sharing grant was restored to near-2009 levels,while the Local Library Aid cuts
continued.Also, $15.5 million of funding was restored to local parks grant programs that had been cut
under the current budget, but the amount remains less than half of that under the 2010-11 budget.
S.B. 1 State BudgetOverview
Budget ItemSB12012-2013 AppropriatedChange
Mixed Beverage Tax$307,296,000$246,020,807$61,275,193
Library Resource Sharing$24,170,709$14,534,904$9,635,805
Local Library Aid$4,114,692$9,720,097$(5,605,405)
Local Parks Grants$16,368,960$881,460$15,487,500
TCEQ Solid Waste Grants$15,625,679$15,616,454$9,225
LEOSE Training Funds$12,000,000$0$12,000,000
Total:$379,576,040$286,773,722$92,802,318
Smoking –
As a sidenote,Representative Crownover and Senator Ellis filed no-smoking legislation
again –HB 400 and SB 86 respectively, but neither budged. Both were only referred to committees.
Municipal Court Fees
–SB 1419 by Senator West mandates a $2 additional court cost imposed on
every conviction entered by the Court (other than parking and pedestrian offenses).The fees will be
deposited into a new General Revenue account, which would be appropriated to the criminal justice
division of the Governor's Office for distribution to local governments for truancy prevention and
intervention services. The bill would authorize juvenile case managers to provide intervention services
to juveniles engaged in misconduct prior to cases being filed, excluding traffic offenses. The
municipality would be eligible to retain 50 percent of the court cost if a juvenile case manager program
is established or in the process of being established.
Agenda Information Sheet
July 9, 2013
Page 4
MUDs –
The passage of HB 738, by Representative Crownover and originated by Denton County
Commissioner Colemen,requires Municipal Utility Districts (MUDs) to give notice to a county and
expands a county’s authority to review any proposed MUD in a city’s extraterritorial jurisdiction
(ETJ), but does not expand the county’s review authority to the city’s corporate limits.
Transportation–
The Denton County Transportation Authority (DCTA) was successful in passing SB
948, considered their omnibus bill. It amended some of the bylaws with regard to residency
requirements for board membersand provides for an additional board seat. The bill redefines the term
“local governmentcorporation”(LGC) in the Transportation Code to include coordinated
transportation authorities.This allows DCTA to contract with non-contributing entities within the
Denton County service area. Their stated intent is to be on par with the DART and TRE.
Also, by virtue of being an LGC,DCTA will havethe authority to accept tax-deductible donations,
including monetary and land grants; buy, assemble, and sell land; and issue bonds with the creating
entity’s credit, and are exempt fromthe public procurement process for construction projects. Finally,
SB 948bill authorizes DCTA to contract for persons to serve as fare enforcement officers.
As indicated on page one of this report, transportation seemed to be moving right along politically with
the necessary support to pass with little pushback. RepresentativeDarby’s HB 3664, whichwould have
dedicated a portion of new and used vehicle sales taxes and increasedregistration fees directly to
transportation funding,was voted out of committee, but was postponed upon second reading on the
floor. All other seemingly viable funding bills met similar fates, were never heard in committee, or did
not get reported out of committee. The bills on this died when the governor indicated he didnot want
an increase in fees. Most thought one of the dead bills would have been added on as an amendment,
but it never happened. Therewas even a brief periodwhen the Governor supported reallocating $3.5
billionfrom the State’s Rainy Day fund to put toward highway infrastructure projects, but education
and water trumped transportation in the debate.
Governor Perry added transportation to the first special called sessionas unfinished business.SJR 2
would share growth in revenue from the tax on oil and gas production between the economic
stabilization fund and the state highway fund, adding nearly a billion dollars in transportation funding.
It preserves allocations to the general revenue fund and to the foundation school fund, andestablishes a
floor for the economic stabilization fund before there is any sharing with the state highway fund. SJR 2
passed the Senate, but was amended in the House. Itwas then sent back to the Senate to concur, but
due to the extraordinary dynamics in the Senate on the final day of the session, the bill was never laid
out for consideration. The second special session has been called and is underway as of the drafting of
this report. Transportation funding again, as SJR 1(identical to the amended House version of SJR 2 in
the first special session), is being considered and was passed out of the House Finance committee on
July 2. If there are any developments on this, staff will provide an update at the July 9 Council
meeting.
Agenda Information Sheet
July 9, 2013
Page 5
Payday Lending
–About 20 bills hadbeen filed relating to payday lending activities, but only one had
any real movement. SB 1247, by Carona, was the most viable of the bills. It would have preempted
municipal regulatory authority, so the City was opposed. When the Senate laid out the bill on the floor
on April 22, it was amended in such a way that we actually supported the bill. It removed preemption
entirely and shored up regulations on the payday lenders. It went too far however, to garner the support
in the House, and died in committee despite Carona’s attempts to resurrect it. We worked continuously
with TML and other cities to address the bill, and successfully defeated what would have been
detrimental to our ability to regulate the credit access business industry within our own city limits.
Gas Wells –
A number of gas well bills were filed this session, and received some attention. The most
talked about were HB 1496 by Taylor and HB 2828 by Dale, both of which would have limited
municipal regulatory authority over gas wells and pipelines. We worked closely with our delegation
and TML to ensure these did not move. Those that would directly impact cities in North Texas did not
even make it out of committee.
Revenue/Appraisal Caps
-Revenue cap bills received attention at the beginning of the session, but
quickly fizzled out by March. During most sessions this is a hard-foughtbattle, but focus was placed
more squarely on other statewide infrastructure issues. SB 144 and 102,by Senators Williams and
Patrick respectively,both would have reduced the rollback rate from 8% to 5%. SB 144 would have
allowed disaster areas to raise the rate back up to 8%. The bills were referred to the special Finance
subcommittee on budget issues, and did not move beyond the first hearing. No viable appraisal cap
bills were even heard.
“Transparency”
-HB/SB 14 were the bills proposed and promoted by the State Comptroller of Public
Accounts, Susan Combs.Touted as Combs' "transparency" bills,theytook on a life of theirown.
Despite most legislators privately stating they did not support the bill, they were also in a political
position that would make it difficult to not vote in favor of the bill. Denton, and most cities, actively
opposed the legislation as it would create an environment in which citizens and voters would be
misinformed and it would misrepresent city debt by prescribing specific language that would be
published on the ballot, in addition to onerous reporting requirements. Significant behind-the-scenes
discussions andnegotiations tookplace on this legislation.
Fred Hill, one of our legislative consultants,and TML worked with various stakeholders to lessen the
negative impact. Through the good-faith efforts of all parties involved, most cities went neutral on the
bill -including Denton. Nevertheless,this bill failed to passupon final consideration.SB 637 by
Paxton, however, did pass, which is essentially a very watered down version of HB/SB 14 and consists
of those elements of HB/SB 14 that TML and others had agreed upon as a compromise.
Agenda Information Sheet
July 9, 2013
Page 6
SB 637 amends current law relating to notice and election order requirements for bond approval
elections held by political subdivisions. Current law provides for a standard template for the contents
of the ballot proposition and election notice requirements for cities and counties. SB 637 makes the
ballot proposition and notice requirements for a bond election uniform. In addition, SB 656, also by
Paxton passed. It requires a vote to adopt the budget to be a record voteand requires the adopted
budgetto contain a cover page that includes one of three specific statements in 18-point or larger type
that describes the adopted budget; the record vote of each member by name voting on the adoption of
the budget; the property tax rates for the preceding fiscal year and each property tax rate that has been
adopted or calculated for the current fiscal year; and the total amount of bonds and other debt
obligations owed.
Tree Ordinance Preemption-
HB1858 by Representative Workmanprovided that the owner of a
tree who believes that the tree poses a fire risk can cut it down, and that a city ordinance prohibiting
the cutting is unenforceable. This bill would have essentially gutted our tree ordinance. San Antonio,
Denton, and other large cities worked diligently with TML to kill this bill.
Billboards
–SB 1383would have required cities to pay the relocation costs of billboards removed for
state highway projects. Based on our estimates, this could have cost Denton alone an upwardof $18
million. And consider the impact to the communities along the 35E corridor expansion project. There
are over 90 billboards along the 35E corridor from 635 to Loop 288, which would have put the 35E
communities in an untenable fiscal situation. This bill did gain some traction toward the end of session,
but we were able to work with our partners and ensure the bill did not ultimately pass.
Unfortunately, many of these issues will probably be back.
Denton Municipal Electric
The 2013 Texas Legislature adjourned on May 27th. The outcome was positive for public power. No
major legislation directly negative to public power was approved. Local control for municipally owned
utilities (MOUs) was maintained.Several bills that were supported by the Texas Public Power
Association (TPPA) and DME passed the Legislature. They include:
• The PUC Sunset bill which reauthorized the Commission for ten years and made other
changes. The bill accomplished DME’s primary objectives: preserving local control for
MOUs and maintaining industry participation in ERCOT governance. (SB-1600)
• The “line height” bill which corrects a court ruling that could have effectively required the
height of distribution lines over roadways to be elevated statewide. (SB-349)
Agenda Information Sheet
July 9, 2013
Page 7
There were a number of bills that had provisions negative to public power which were favorably
modified during the legislative process due to advocacy efforts by TPPA (often in concert with Texas
Electric Cooperatives). Negative provisions that were avoided and not enacted included: state
mandated low income customer programs, state mandated service disconnection policies for master
metered apartments, state sanctioned electric service by others to industrial desalination facilities in
MOU areas, and expanded cogeneration sales of electricity to multiple entities in MOU or coop service
territories.
TPPA and DME opposed several legislative proposals. None of them werepassed this session,
including two bills that would have:
• Mandated customer opt-out from smart meters. TPPA was opposed if it applied to MOUs and
did not allow for locally controlled opt-out procedures and full cost recovery from the
customer choosing to not have a smart meter. (SB-241)
• Mandated one-size-fits-all “net metering” requirements for MOUs (which already lead in
promoting distributed renewable energy).
Public power’s presence and effectiveness at the Capitol this spring was truly a team effort. The TPPA
Board provided extraordinary leadership. The in-house government relations and legal professionals
that work for our major systems did excellent work on behalf of all public power utilities. A number of
legislators that have public power in their districts were staunch defenders of public power.
Vetoed Legislation
The governor has vetoed 26 bills, which will be detailed by Focused Advocacy at the Council Meeting
of July 9.
RECOMMENDATION
Continue to work with Texas Municipal League, our legislative consultants, and other cities in
monitoring proposed legislation in Special Called Sessions. Also, participate in legislative interim
rd
hearings and studies in preparation for the 83Texas Legislative Session.
Respectfully submitted:
________________________
Lindsey N. Baker
Intergovernmental Relations/Public Information Officer
WorkSession4
AGENDA INFORMATION SHEET
AGENDA DATE:
July 9, 2013
DEPARTMENT:
Planning & Development
ACM:
John Cabrales
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding the consolidation of the
Central Business District boundary and the Downtown Implementation Plan boundary and
recommendations on the handling of properties that would fall outside of these former
boundaries.
BACKGROUND
The City has adopted or established distinct boundaries in the downtown to promote a specific
activity, facilitate and encourage development, or respond to a growing demand or need. Some
boundaries were adopted as part of a specific plan, Downtown Master Plan, while others have
evolved over time, Central Business District (CBD). For purposes of this discussion, staff will
present for consideration the consolidation of the CBD with the Downtown Implementation Plan
(DTIP).
The CBD is generally the focal point of Denton and contains the governmental, commercial,
office, retail, and is the cultural center of the City. Over time, the CBD has evolved and changed
into the current configuration that is bound by Carroll Street on the west; Eagle Street on the
south; Bell Street and N. Locust Street on the east; and W. College Street on the north (Exhibit
1). The area is approximately 261 acres and is predominately zoned Downtown University Core.
According to the Denton Development Code (DDC) the purpose of this zoning classification is
to encourage mixed use developments within specified commercial areas of the district. This
district should be pedestrian friendly and development should include amenities to encourage
and promote pedestrian activity.
The purpose of the Downtown Implementation Plan (DTIP) is to serve as the catalyst to achieve
the goals that define the vision for the Downtown Master Plan. In anticipation of the Denton
County Transportation Authority (DCTA) Downtown transit center and as a means to address
issues raised by the Downtown business community, the DTIP was developed to manage these
items and expand the plan for Downtown development. The DTIP consists of the following
elements: Land Use; Parking; Parks, Recreation, and Open Space; Architecture Design; and
Linkages/Street with each component containing recommendations for specific action items to
implement: (1) A readily actuated and incremental comprehensive vision for the area; (2) Land
development regulations and a regulatory framework to facilitate economic development in the
area; (3) Establish and recognize an innovative and distinct Downtown environment and
experience; and (4) Provide recommended revisions to existing policies, regulations, and code
Agenda Information Sheet
July 9, 2013
Page 2
provisions to implement the proposed Plan. The Denton Downtown Master Plan, the Denton
Plan, and the Denton Development Code (DDC) were used as the basis for all DTIP element
recommendations. The DTIP is bound by Carroll Boulevard to the west, Frame and Exposition
Streets to the east, Parkway and Withers Streets to the north, and Sycamore Street to the south
and is approximately 155 acres (Exhibit 2). An implementation tool of the DTIP is the
development of a Form Based Code (FBC). The FBC analyzes building form and not function to
encourage high quality pedestrian-oriented development that provides a mix of residential, retail,
entertainment and office uses. The FBC also makes recommendations for parking ratios to be
implemented at the time of adoption. The FBC is currently being reviewed by Clarion and
Associates before being presented to Council for consideration and implementation. As part of
the DTIP, the City also adopted a Tax Increment Financing district (TIF) to use future gains in
taxes to finance specified public improvements and other pedestrian amenities.
Since the adoption of the DTIP, the vision has been to consolidate these two boundaries.
However, the impetus for this request presently is to assist in a development outside of the
current CBD boundary and to foster more development with the desired density and intensity
necessary to create a more vibrant downtown. In recent years, the downtown has experienced a
resurgence in development, the City has initiated several public improvement projects,
apartments and mixed use projects have been constructed and several existing building have new
tenants.
In order to facilitate development in the downtown, the DDC establishes distinct development
requirements related to parking and signage. Pursuant to section 35.14.3.A:
A.Development or redevelopment of property within the Central Business District is
exempt from the requirement to provide any additional parking spaces, for all land use
classifications other than those listed within the Residential Land Use Categories of
Subchapter 5, if permitted within the zoning district approved for that location.
Residential development or redevelopment within the Central Business District is also
exempted if 10 or fewer dwelling units are proposed.
This provision allows commercial, office, or retail developments to retain the existing number of
parking spaces without the requirement to add additional parking spaces based on use during
redevelopment. Residential developments with 10 or fewer dwelling units are also exempted
from the provision to provide additional parking. Residential development projects with 11 or
more units are required to meet the parking standards of the DDC. This requirement has assisted
in downtown development. The signage provisions are designed to maintain the downtown
character and regulate signage at a pedestrian scale (Exhibit 3).
The City was recently approached by a developer interested in redeveloping a property with a
favorable mixed use project in the downtown. The subject property is located south of Hickory
Street between Carroll Street and Elm Street and is encumbered by floodplain (Exhibit 4). While
responding to comments during the development review process, the applicant determined that
the project could not move forward due to the parking requirements of the Denton Development
Agenda Information Sheet
July 9, 2013
Page 3
Code (DDC) consequently, the applicant found it necessary to abandon the mixed use proposal
and develop the site with a single use, apartments or a restaurant. Staff met with the applicant to
discuss alternatives and during those discussion staff proposed moving forward with the
consolidation of the CBD and the Downtown Implementation Plan boundary.
DISCUSSION
While reviewing this proposal, staff discussed several other issues associated with consolidating
this boundary. These issues included: Is there a superior CBD boundary that can be created;
How to handle properties that would fall outside of the CBD; and how to address the long term
impact of parking in the downtown. After careful thought and consideration, staff discussed
these issues and determined that these items could be addressed without negatively impacting
current and future development in these areas.
Is There a Superior CBD Boundary That Can be Created
A reason for reducing the CBD boundary northward from Eagle Street to Sycamore Street is the
existence of the floodplain (Exhibit 5) a large percentage of this property is inundated with
floodplain and will be very difficult to develop without a significant private investment.
Although there is a future Capital Improvement Program (CIP) drainage project (PEC-4
Drainage project) that will eventually remove this floodplain/floodway from this area, this
project is not completely funded and there is no definite timetable of when each phase will occur.
Engineering staff will bring forward a recommendation for the continued funding of this project
later this year during a Bond presentation.
Also, the TIF district that was adopted will only fund improvements in the area defined by the
TIF boundary (Exhibit 6). The areas north and south of the TIF that are currently apart of the
CBD will not utilize any funds generated by the TIF unless the TIF boundary is amended. To
avoid any confusion when referencing the Downtown, CBD, or TIF the property generally south
of a line between Sycamore Street and Stroud is proposed to be removed from the CBD.
There has been significant development in the neighborhoods north of the DTIP boundary.
Local cafes have opened along Congress and properties continue to transition from residential to
professional offices and services in the neighborhood blocks between Elm Street and Locust
Street. The type of development that is occurring in these areas is to a neighborhood scale and is
supported by the surrounding residential uses. The density and intensity of development
proposed for the downtown is incongruent with the neighborhood development currently
underway in this area.
How to Handle Properties That Would Fall Outside of the CBD
As development continues in the areas within and around the CBD it will be critical for the City
to continue to develop innovative ways to promote and encourage the right development. The
provision to not require additional parking in the CBD is one way that development has
Agenda Information Sheet
July 9, 2013
Page 4
increased. To avoid suppressing development in the areas that were once included in the CBD,
staff recommends that the provision to not require any additional parking for commercial and
retail and residential 10 dwelling units and under still apply to these areas. If these areas are
removed from the CBD and the parking requirements of the DDC be implemented it may have
an adverse effect on development due to the size of the existing properties. The signage
requirements of the DDC would apply. The removal of these areas from the CBD will also lend
itself to the initiation of a neighborhood plan to promote the type of activities that will be
beneficial to the long term viability of the neighborhood.
How to Address the Long Term impact of Parking in the Downtown
As noted early, the FBC includes recommendations for parking in the downtown by providing
parking ratios and identifying locations for surface parking that can be developed with a
structured parking garage in the future. According to the research performed by Jacobs in 2010
for the DTIP presently, there is adequate public and private parking in the downtown to serve
existing patrons. However, as the downtown continues to grow a parking structure may be
required sometime in the next 15-20 years. As such, staff proposes to adopt a strategy presented
in the FBC to establish a cash-in-lieu of spaces option for parking to allow developers to meet
required off street parking. Such fees could be set at an accessible amount and set aside to be
used later towards acquisition of land for a surface parking and/or a parking structure. Staff has
not fully researched this option to provide cost estimates or what percentage of the structure
could be funded by this fee but as a recommendation of the DTIP, staff requests Council
direction on the continued research of this option for consideration with the review of the FBC.
To better understand the impacts of this option, City s
Economic Development, and Planning and Development met with local downtown residential
and commercial developers to get their feedback and input. Generally, the feedback was mixed
although they understood the need for the fee, the primary concern was the additional cost for
parking might drive development elsewhere. It was their belief that the City is gaining
momentum in downtown development and the provision to not add additional parking
incentivizes that development. To institute an additional fee on top of the existing fees reduces
their already thin financial margin and may make it cost prohibitive to redevelop. It would be
more prudent to simply re tenant the existing structure and cause the downtown to simply
develop with apartments and not mixed use structures.
OPTIONS
1.Direct staff to move forward with the consolidation of the Central Business District and
Downtown Implementation Plan boundary as presented.
2.Direct staff to move forward with the consolidation of the Central Business District and
Downtown Implementation Plan boundary in a different configuration than what was
presented.
3.Direct staff to take no action at this time.
Agenda Information Sheet
July 9, 2013
Page 5
EXHIBITS
1.Central Business District Boundary
2.Downtown Implementation Plan Boundary
3.Central Business District Sign Regulations
4.Map of Proposed Development Project with Floodplain
5.Central Business District Boundary with Floodplain
6.Tax Increment Financing District Boundary
Respectfully Submitted by:
John Cabrales,
Assistant City Manager
Prepared by:
Brian Lockley, AICP
Director, Planning and Development
Exhibit 1
Appendix A
City of Denton Site Design Criteria Manual
Appendix B
Denton Central Business District Map
50
PUBLIC ALLEY
R33428
R33427
CARROLL
CARROLL
WILLIAMS
Exhibit3
Exhibit4
Floodplain
Less than one sq.
mile
Floodplain
Floodway
Exhibit5
/
DISCLAIMER
This data has been compiled for
CBD
the City of Denton. Various official
and unofficial sources were used
to gather this information. Every
effort was made to ensure the
05501,1002,200Feet
accuracy of this data, however,
no guarantee is given or implied
as to the accuracy of said data.
BRADSHAW
Exhibit B: Tax Increment Financing District
WorkSession5
AGENDA INFORMATION SHEET
AGENDA DATE:
July 9, 2013
DEPARTMENT:
Transportation Operations
ACM:
Jon Fortune, Assistant City Manager
______________________________________________________________________________
SUBJECT
Receive a report, hold a discussion and provide direction regarding the proposed conveyance of
the Downtown Denton Transit Center from the City of Denton to the Denton County
Transportation Authority.
BACKGROUND
Prior to October 2005, the City of Denton owned and operated the public transportation system
known as LINK. The City of Denton was the designated recipient for federal funding assistance
provided by the Federal Transit Administration (FTA). The system had eight fixed routes,
provided on-demand service, service for disabled riders and provided contract service to the
University of North Texas on nine fixed routes generating just over one million rides system-
wide in FY 2004-2005. In September 2005, the LINK System had approximately 35 buses in
service along with six support vehicles, and employed more than 80 drivers mechanics and route
supervisors.
In 2002, legislation was passed by the Texas Legislature authorizing the creation of the Denton
County Transportation Authority (DCTA). In September 2003, voters from three municipalities
approved the DCTA Service Plan and authorized a one-half percent sales tax dedicating revenue
to the authority. DCTA began receiving sales tax revenue in January 2004, and in September
2005 the Denton City Council adopted Ordinance 2005-299 transferring all LINK public
transportation service assets to DCTA. On October 1, 2005, DCTA began providing public
transportation services in the City of Denton.
Under Council direction and leadership from former Mayor Euline Brock, the City of Denton
secured a Congressional Priority Funding Apportionment in the amount of $3.1 million in FTA
funding on December 29, 2004. This apportionment was for the design and construction of a
Downtown Denton Multimodal Transit Facility to serve the LINK System and City of Denton
ridership. The City of Denton was the designated recipient for federal funds and owner of the
public transportation system at the time of the award. City Council requested that the City of
Denton be allowed to manage the grant for the proposed Multimodal project as the facility was
considered a key catalyst project and major component to revitalization efforts in Downtown
Denton.
Agenda Information Sheet
July 9, 2013
Page 2
On July 2, 2007, grant funds for the Downtown Denton Multimodal Transit Facility were
programmed as part of FTA Grant TX-03-0293-00. Environmental clearance of the project and
design feasibility studies had recently been completed demonstrating the opportunity to
repurpose the City of Denton Facilities Management operation located at 604 East Hickory into
the Downtown Denton Transit Center (DDTC) located adjacent to the proposed A-train rail
platform.
On May 6, 2008, DCTA and the City of Denton entered into an Interlocal Agreement (ILA),
Ordinance 2008-098, to financially participate in the construction of the DDTC. The ILA
outlined that DCTA would fund the 10-percent local match of the FTA Grant, $777,423, through
“in-kind” donations and assist the City of Denton with grant administration since DCTA
assumed the role of designated recipient upon conveyance of the LINK system in September
2005. DCTA would utilize the City of Denton property located at 604 East Hickory, appraised at
$750,000, and would fund the remaining $22,423 of local grant match from the DCTA revenue.
The 2008 ILA also required DCTA to provide the City of Denton half of the local match,
$388,711, as initial payment for the City property and pay the remainder of the local match to the
City of Denton upon project completion and grant close out.
Substantial completion of the DDTC was achieved in May 2011 and DCTA occupied the facility
in June 2011. Occupancy of the City owned facility was established through Ordinance 2011-
073 granting DCTA a right of entry (ROE). A second amendment to the ROE in June 2012
extended DCTA’s right to occupy the facility until September 30, 2013. Although substantial
completion of the facility was achieved in May 2011, additional equipment and facility
enhancements were procured over the past two years in an effort to zero out the grant funds to
avoid stranding any local match funding in the grant.
Final grant funded elements of the DDTC were completed in March 2013 and the final draw on
the FTA grant was made on May 15, 2013. FTA staff notified DCTA and City of Denton staff
that the grant was officially closed on June 3, 2013. With the closure of the FTA grant, DCTA
and City of Denton staff are working toward final documentation to convey the DDTC and
related grant funded assets to DCTA. Staff is hopeful the conveyance can be facilitated prior to
the September 30, 2013 termination of the ROE.
Understanding the timeline outlined above, staff wanted to provide Council with a status on the
project and determine whether additional efforts by city staff regarding the DDTC are desired.
These efforts may include additional landscaping, interior/exterior aesthetics, artwork or facility
marketing. If modifications are desired, any cost associated with the recommendations would be
the responsibility of the City and would need to be implemented prior to final conveyance to
DCTA.
ESTIMATED SCHEDULE OF PROJECT
DCTA staff and City of Denton staff is hopeful the FTA will authorize the conveyance of the
DDTC prior to the ROE expiration date September 30, 2013.
Agenda Information Sheet
July 9, 2013
Page 3
PRIOR ACTION/REVIEW
1.On May 6, 2008, Denton City Council approved Ordinance 2008-098 approving an ILA
outlining the City of Denton’s desire to sell and DCTA’s desire to purchase the DDTC
upon completion.
2.On May 3, 2011, Denton City Council approved Ordinance 2011-073 granting DCTA a
ROE to occupy the DDTC.
3.On June 7, 2011, Denton City Council approved Ordinance 2011-099 expanding DCTA’s
rights of occupation to allow DCTA to sublet a portion of the DDTC for commercial
operations.
4.On April 17, 2012, Denton City Council approved Ordinance 2012-072 extending the
existing ROE to September 30, 2013.
FISCAL INFORMATION
The 2004 FTA grant amount is $3,887,113. This is a 90:10 grant, 10-percent local match of
$777,423 is required. As agreed to in the May 2008 ILA, the City of Denton received payment
in the amount of $388,712. This amount represents half of the 10-percent local match. Grant
close out and conveyance will require DCTA to pay the remaining $388,711 of the local match
to the City of Denton.
EXHIBITS
1.Ordinance 2008-098, DCTA Transit Center Interlocal Agreement
2.Revised Exhibit A, dated June 26, 2013
Respectfully Submitted:
Mark Nelson
Transportation Director
"Revised" - EXHIBIT A
.
East Hickory Street (60' R.O.W.)
8
8
54.11'60'
115'
Cross Access Esmt.
143'
25'
TRACT 1
1.036 ACRE
150'
Called 'Third Tract'
Trinity Tank Car, Inc.
Doc. ID No. 2007 6505
Real Property Records
Denton County, Texas
58.91'
East Sycamore Street (60' R.O.W.)
Denton Multimodel Site
Legend
Tracts 1 & 2
Tracts
Parcels
June 26, 2013
Not to Scale
WorkSession6
AGENDA INFORMATION SHEET
AGENDA DATE:
July 9, 2013
DEPARTMENT:
Planning and Development
ACM:
John Cabrales
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding and update on Chapter 13
Food and Food Service Establishments ordinance.
BACKGROUND
On November 6, 2012, the City Council adopted the Food and Food Service Establishments
ordinance. This ordinance was adopted with a recommendation that after being implemented for
six months, staff would come before Council with a status report. The report would include
public input and any staff recommendations for consideration.
Since the passage of this ordinance there has been better compliance by food establishments in
regard to issues such as businesses having a Certified Food Manager in charge during open
hours, and employees having their Food Handler Cards. Another area of popularity has been the
increased activity in the Mobile Food Establishment business. Since the passage of the Food
Code twelve (12) food trucks have been issued annual permits. There have been a few food
been seen at other events like 35 Denton, Arts and Jazz Fest, other City events, and at the
Community Market. Some food trucks choose to apply for temporary good permits for these
special events, while others are free to use their annual food permits to gain access to these
events. For the most part, the mobile food establishments have complied with the code; however,
there have been a few citations issued because of not having water or hot water, and for not
keeping food stored at proper food temperatures. Another success story worth mentioning is the
growing success of the Denton Community Market. The market has continued to increase in
popularity, and compliance with the Food Code has been very good.
On April 29, 2013, and on May 13, 2013, City interdepartmental staff, made up of
representatives from Fire, Parks and Recreation, Code Enforcement, Health Inspections, Police,
and Planning, met to discuss challenges to the effective enforcement of the Food Code. Staff
discussed several issues and determined that revisions on how the Food Code was being
implemented and some modifications to procedural issues would improve overall effectiveness.
Most of the issues discussed, such as questions about parking, changes to the itinerary, zoning
restrictions, and enforcement can be resolved through clarifying or creating in-house processes.
These processes will ensure that the code is being enforced to the benefit of the community. (See
Exhibit 1 and 2 for more detail about these meetings.)
Agenda Information Sheet
July 9, 2013
Page 2
On May 16, 2013, staff met with approximately 50 (some 30 brick and mortar restaurant owners,
about 6 food truck owners, and others) food establishment owners and other members of the
public to discuss the Food Code. The purpose of the meeting was to receive their input and
suggestions on issues they have encountered with the Food Code. The most common topics
discussed can be distilled into three (3) areas; Commissary; Itinerary Requirements; and Parking.
Staff also received suggestions that are worth noting concerning the payment of Sales Tax and a
limitation on the number of Food Trucks permits issued in the City.
Commissary
One of the most common issues of discussion in the meeting was in regard to Commissary. The
code requires (in section 169.4) that a mobile food establishment visit the commissary once each
day. The daily maintenance, including cleaning, sanitizing, restocking, draining wastewater, and
taking on new clean water, will assure that the mobile food establishment is sanitary. The food
truck owners feel that this requirement is too burdensome. Since there are no full-service
commissaries in Denton, or even close to Denton, some food truck owners want the Council to
change the requirement from daily visits to one visit per week. Through past experience, staff
agrees that in order to keep the intent of the Texas Food Establishment Rules (TFER) that a food
establishment needs to be clean and wholesome; this is best accomplished only by daily
maintenance.
Recommendation:
Given the importance of this requirement to public health and sanitation,
Staff recommends no changes to this section of the code.
Itinerary Requirements
Another common issue of discussion was in regard to the Itinerary. Food trucks are required
(section 169.1) to keep their City approved itinerary up to date. This provides Health Inspectors
with the ability to perform random inspections and ensure that Food Truck vendors maintain
compliance with the Food Code. Food truck owners want the freedom to change locations
without notifying the City. Even though the code gives food truck owners two days to update
their itinerary, keeping a currently approved itinerary can be a chore, especially if a mobile food
establishment owner wants to change locations more frequently.
Recommendation:
In order to properly enforce the provision of the Food Code there is a need to
verify each location on the itinerary for zoning, parking, and setbacks. Staff also wants to be
able to locate each mobile food establishment when necessary. Staff recommends no changes to
this section of the code.
Parking
The last most common issue is in regard to Parking. The concerns about parking can be broken
down into two (2) areas that include the following: parking a mobile food establishment at a
residence or home; and the issue of a food truck taking up parking spaces along with the
requirement that a mobile food unit park on an improved surface.
Agenda Information Sheet
July 9, 2013
Page 3
1.Parking a Mobile Food Establishment at a residence or home: According to the
Denton Development Code (section 35.12.10 M), any food truck larger than a van
shall not be parked at a residence. The Food Code requires (section 169.4) that a food
truck, when not in operation, be stored at the commissary. Since Denton does not
have a full-service commissary, we also allow a food truck to be parked in a
commercial parking lot or at a storage facility.
Recommendation:
Staff recommends that we continue to enforce the Denton Development
Code and add an amendment to the Food Code prohibiting the parking of mobile food
establishments at a residence.
2.Mobile Food Establishments parking in required parking spaces: On the Certificate of
Occupancy of each business there is a required number of parking spaces according
to each business use. A Mobile Food Establishment may not take up any of these
required spaces. A food truck may only park at parcels that have more parking spaces
than those required on the Certificate of Occupancy; or they may park elsewhere on
the parcel if approved by staff. Also, in regard to parking a mobile food
establishment, the food code states that parking shall not be on unimproved surfaces
such as grass or dirt without the written approval from the City. Staff has been
enforcing the requirement to park on concrete, asphalt, or surfaces covered with
pavers.
Recommendation:
Staff recommends no changes to the code; that we continue to enforce the
parking requirements as explained above.
It is also worth noting that staff received a comment and suggestion related to sales tax and
questioned if sales tax is being reported by mobile food establishments that do business in
Denton. Staff has contacted the State
sales tax records of any business with a State Sales Tax License doing business within the city
limits. Although this is not germane to Chapter 13 Food and Food Service Establishments, the
auditing of food trucks sales tax may be an option for consideration.
Finally, the last comment and suggestion is that the City limit the quantity of food trucks
permitted in Denton. Some brick and mortar restaurant owners suggested that the City Council
consider a limit on the quantity of food trucks permitted in Denton. Currently there are twelve
(12) mobile food establishments with a Denton annual permit. Staff has asked other cities if they
limit the number of food trucks in their cities and they have responded that there are no limits to
the quantity of food trucks. Accordingly, staff does not have a recommendation on this
suggestion; they will look to City Council for direction regarding this suggestion.
In order to gather additional feedback, staff posted three questions on www.EngageDenton.com
and solicited comments from the public. The three questions and the public comments are as
follows:
Agenda Information Sheet
July 9, 2013
Page 4
1.Do you think the current mobile food establishment requirements in the ordinance are fine as
they are written or do they need to be changed? If so, what changes would you suggest and
why? For this question there were two responses:
a.ct than non-mobile ones
b.Please provide a summary
c.Simplify
d.Non-GMO
e.Picture Menu and Reasonable Prices
2.Do you think the current food management certification requirement in the ordinance is fine
as it is written or does it need changes? If so, what changes would you suggest and why?
There have been no responses to this question.
3.Do you think the ordinance is working well? If not, how could the ordinance be improved
and why? For this question there was one response.
a.We Need Less Subway Franchises!
Staff will continue to reach out to the community on further issues associated with the Food
Code and keep the Council updated on any recommendations in the future.
OPTIONS
1.Direct the Building Inspections Division to make no changes to the current Food and Food
Service Establishments ordinance.
2.Direct the Building Inspections Division to amend the current Food and Food Service
Establishments ordinance, based on staff recommendations.
3.Direct the Building Inspections Division to amend the current Food and Food Service
Establishments ordinance based on Council and/or staff recommendations or a combination
thereof.
PRIOR ACTION/REVIEW
November 6, 2012, City Council adopted the current Food and Food Service Establishments
Ordinance Number 2012-305.
Agenda Information Sheet
July 9, 2013
Page 5
EXHIBITS
1.Notes from interdepartmental staff meeting on April 29, 2013
2.Notes from interdepartmental staff meeting on May 13, 2013
3.Notes from community meeting on May 16, 2013
4.Current Food and Food Service Establishments Ordinance 2012-305, adopted
November 6, 2012
5.Current Food and Food Service Establishments Ordinance with staff recommended changes
Prepared by:
Kurt S. Hansen
Building Official
Respectfully submitted:
Brian K. Lockley, AICP, CPM
Director of Planning and Development
Exhibit 1
Notes from interdepartmental staff meeting on April 29, 2013
On April 29, 2013 City interdepartmental staff, made up of representatives from Fire, Parks &
Recreation, Code Enforcement, Health Inspections, Police, and Planning, met to discuss the
enforcement issues of the Food Code; these issues included:
Parking a food truck at a commissary or house; parking for less than one hour, and where
are food trucks approved to park in the City; clarify Police Department rules regarding
parking at residences, can food truck owners their trucks along the side of a residence or
in front; do we need to require extra parking for a mobile food truck; define improved
surface per Denton Development Code, can they park on gravel; can they park on public
property;
How does a food truck owner update the itinerary and how does staff enforce this
requirement; for the benefit of Planning, what exactly do food truck owners need to
submit to get approval for each location on the itinerary;
Who will issue citations, Code or Health;
Home Owners Association invitations to mobile food vendors, do they need an annual or
a temporary permit;
Health Inspectors or Code Enforcement to inspect for compliance on the evening shift;
What about food trucks that want to piggy back (park across the street to avoid the
special event fee) on a Special Event; parking on City owned property; at Special Events,
which permits do food trucks need, annual or temporary food permit;
What about guidelines regarding grease disposal; shall we allow food trucks to use grease
barrels like the restaurants do to get rid of fryer oil;
Is an RV Park okay for washing out trucks that don’t produce much grease; is a
commercial car wash okay for cleaning a food truck if they don’t produce any grease;
and,
Do we need to make a link on our web page to what Planning requires, Fire requires, and
Code requires.
All of these issues mentioned above have either been resolved or are in the process of being
resolved by creating in house processes. These processes will ensure that the code is being
enforced to the benefit of the community.
Exhibit 2
Notes from interdepartmental staff meeting on May 13, 2013
On May 13, 2013 staff met again to continue the discussion of Food Code issues, and to continue
to develop the processes needed to enforce this code. The most common issues in question at
this second meeting included:
The requirement for food trucks to park at a commissary;
Food trucks parking at a residence;
Food trucks shall keep the itinerary up to date and City shall enforce it;
Food trucks shall keep records of commissary visits, at least two years worth as stated in
the code;
Consider adding an amendment to the code in regard to no trucks parking at a residence;
shall property owners furnish written permission to food trucks for the use of parking
spaces;
Shall food trucks require a minimum of 3 parking spaces just like a small restaurant; and,
Shall staff send a letter to food truck operators about ordinance rules and possible
enforcement action if rules are not followed.
Again, these issues have either been resolved or are in the process of being resolved.
Exhibit 3
Notes from community meeting on May 16, 2013
On May 16, 2013 staff met with approximately 50 food establishment owners and other
members of the public to discuss the new Food Code, and to receive their input and suggestions.
The most common topics discussed are below:
The requirement that if a Mobile Food Establishment parks in one location for more than
one hour, that location shall be listed on the approved itinerary list. Many commented
that if business is poor at one location, then they may want to move to another location
that may not be listed on their official itinerary list. Staff reminded them that the code
gives a mobile food establishment owner two days to come to the City to add a new
location to the official itinerary.
The parking of a food truck overnight at a residence. Staff reminded the group that the
Denton Development Code does not permit a vehicle larger than a van to be parked at a
residence.
It is hard to travel to a commissary every day; can the code be changed to permit a food
truck to travel one time per week to the commissary instead of the required once per day?
Staff agrees that it is prudent that each mobile food establishment goes to be cleaned out
and restocked once per day as required in the code. Keeping a small mobile food
establishment as clean as possible is the intent of the code. It would be very difficult to
ensure that a food truck is clean if the truck does not make cleaning a regular or daily
priority.
Wastewater disposal. Someone asked is a commissary is the only place where
wastewater and grease can be drained? Staff commented that the burden of finding a
suitable place to drain wastewater and grease will be on the food truck applicant. The
Health Inspector has the discretion of approving or not approving the dumping location.
Since there is not a full-service commissary for mobile food establishments located
within the City, the Health Inspectors will be required to use discretion in approving
waste-dumping locations listed on an application.
“Is a Certified Food Manager required at brick and mortar restaurants as it is for food
trucks?” Staff answered that yes, the requirement is the same for both types of
establishments.
The drainage system in a restaurant; what about the waste disposal in a restaurant? Staff
responded that restaurants use approved plumbing and grease interceptors to take care of
wastewater and grease.
Restaurants washing out their kitchens to the outside, and asked if this is permitted. Staff
responded that restaurants are required to have floor drains; however, there may be some
older establishments that do not have the proper plumbing in the floors; but even so,
restaurants are not permitted to wash their kitchens to the outside.
Do I have to move my truck 10 feet every hour to remain within the code? Staff answered
that a reference to a location in the code refers to the entire parcel. A food truck would
have to move to a different parcel every hour to avoid the requirement for an itinerary.
If my food truck is out at 2:00 AM to serve the public after the bars shut down, with
whom do I get a restroom agreement? Staff responded that the code requires that you
have access to a restroom within 500 feet. And that the restroom is required to have
running hot water and flushing toilets. A mobile food truck owner would be required to
find an available restroom to meet this requirement in the code.
Food trucks coming into town from Dallas of Fort Worth. Some said that the City is
making it easier for trucks from Dallas and Fort Worth because there is no commissary in
Denton, and he added, “What about the Sales Tax issues?” Staff answered that we need
someone to build a full service commissary here. Also, the staff present at this
community meeting was not prepared to answer specific questions about Sales Tax
issues.
A question was asked, “Is anyone in the City checking to see if mobile truck businesses
are showing sales tax paid for money earned in Denton?” Staff answered that no one at
this point, that we know of is auditing the Sales Tax records of mobile food
establishments registered with the City.
Someone else asked, “What about parking food trucks on private property?” Staff’s
response was, “If someone is going to park in a private parking lot they should have the
permission from the property owner.” When the code was previewed before adoption,
Council chose to not make it a requirement for a mobile food establishment to show
written permission from a property owner to park on their land.
“Who is going to pick up the trash left behind by a food truck?” Staff answered that the
mobile unit is responsible for the cleanup.
“What about the setback requirements?” Staff responded that there is a 12 foot minimum
setback requirement between food trucks, and between structures and food trucks.
The last comment raised was, “Is the City going to put a cap on the quantity of permitted
food trucks?” Staff answered that this would be up to the City Council.
Exhibit4
CurrentFoodandFoodServiceEstablishmentsOrdinance2012-305,adoptedNovember6,2012
Exhibit5
CurrentFoodandFoodServiceEstablishmentsOrdinancewithStaffRecommendedChanges
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Exhibit 5
ORDINANCE NO. ________________
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 13 (“FOOD AND
FOOD SERVICE ESTABLISHMENTS”)OF THE CITY OF DENTON CODE OF ORDINANCESBY
DELETING ARTICLES I, II, III, IV, V AND VI IN THEIR ENTIRETY; ADOPTINGTHE TEXAS
FOOD ESTABLISHMENT RULES PROMULGATED BY THE TEXAS DEPARTMENT OF STATE
HEALTHSERVICESAND MAKING RELATED DELETIONS AND AMENDMENTS THERETO;
PROVIDING A SEVERABLITITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING
FOR A PENALTY NOT TO EXCEED $2,000 FOR VIOLATIONS OF THIS ORDINANCE; AND
PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON TEXAS HEREBY ORDAINS:
SECTION 1:Articles I, II, III, IV, V and VI ofChapter 13 (“FOOD AND FOOD SERVICE
ESTABLISHMENTS”)of the City of Denton Code ofOrdinances are herebydeleted in theirentirety and
replaced with new Sections 13-10 and 13-20 which hereby readin their entirety as follows:
Sec. 13-10Rules on food service --Adopted; compliance procedures.
The city adopts the amendments to Texas Board of Health found in 25 Texas Administrative Code,
Chapter 229, Sections 161--171 and 173--175 as amended, which establishes regulations regarding the
regulation of food establishments in this jurisdiction is hereby adopted as the minimum standards for food
service operations within the corporate limits of the City of Denton, Texas. Wherever in these rules the
words "municipality of Denton" appear, they shall be understood to refer to the City of Denton and the
words "regulatory authority" shall refer to the City of Denton.The Texas Food Establishments Rules,
save and except the amendments set forth below are made a part of this article as if fully set forth herein.
A copy of the Texas Food Establishment Rules, along with city amendments, shall be kept onfile in the
office of the city secretary of the city being marked and designated as the Texas Food Establishment
Rules, published by the Texas Board of Health Bureau of Food and Drug Safety (Retail foods division).
Any revision, addition, or deletion to the Texas Food Establishment Rules(TFER)by the Department of
State Health Services or the United States Food and Drug Administration(FDA)shall be deemed to be an
amendment to this article and adopted as of the time it goes into effect or is published.
Sec. 13-20 Deletions and amendments.
Amendments to the Texas Food Establishment Rules
Section 229.162 is amended by adding the following:
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162.1 Administrator: the Building Official, or their designated employee, of the City of Denton.
162.2 Agricultural product: an agricultural, apicultural, horticultural, silvicultural, or
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viticultural, or fish or other aquatic species product, either in its natural or processed state, that
has been produced, processed, or otherwise had value added for use as human food.
162.3 Catering Establishment:shall mean a food establishment wherefood is completely or
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partially prepared for delivery at a separate location where it is meant to be served and consumed.
For purposes of this definition of mobile food establishments, a food service establishment is
considered to be operating mobile food units, rather than to be operating as a catering
establishment; unless at each premises or property to which food is delivered, the food is
provided to one person for consumption by that person or that person’s guests or invitees.
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162.4 Catering operation: a food service establishment which prepares or serves food on
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premises in control of another.
162.5 Certificate of Occupancy: A Certificate of occupancy is a document issued by a local
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government agency indicating that a building or mobile food vehicle complies with zoning and
building laws.
162.6 Change of Ownership: a change of owner or operator of a food establishment business,
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and does not refer to a change of owner of the property or building in which the business is
located.
162.7 Change of Use: that which requires the owner of an establishment to submit plans before
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any construction is begun on a project that changes the use of the current establishment.
162.8 Commercially Manufactured
: produced or built, for commercial gain,by a
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person showing a high degree of skill or competence.
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162.9Commissary:also known as a central preparation facility; base of operations; or premises
from which a mobile unit operates. The commissary shall be used as the base of operations for all
classes of mobile food vendors. The commissary is an approved site(s)at which food
preparation, storage and cleaning or servicing of the vehicle occurs. State law prohibits the use of
a private residence as a central preparation facility or warehouse.
1162.10 Community Market:a designated location used primarily for the distribution and sale
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directly to consumers ofraw agricultural products grown by farmers orhome-grown fruits,
vegetables, produce or food products; meat and fish items, plants and flowers; arts and crafts
items; and bakery goods, beverages, dairy products, delicatessen, and grocery items.
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162.11Cooking demonstration: food that is not to be offered, sold,or otherwise distributed to
the public
162.12FarmersMarket:a designated location used primarily for the distribution and sale
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directly to consumers of food products by farmers or other producers of agricultural products
162.13Farmer’s Market Food Vendor: any person(s) who operate(s), offers,or sells food
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typically known as “farm grown”, “farm originating” or “farm obtained” from a location
approved on private or public property. Foods included in “farm grown” are whole produce,
plants, nuts, certain meats, honey, eggs and pasteurized dairy products. These vendors and any
foodservice operations shall comply with the Texas Food Establishment Rules as set forth by the
Dept. of State Health Services.
162.14Fixed Commercial Location: a building that can obtain acertificate ofoccupancy; not
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mobile in nature.
162.15Food handler card: a card issued by the city of Denton to all food establishment
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employees whose work brings them into contact with the handling of food, utensils, or food
service equipment. These employees shall fulfill all city requirements before receiving a card.
162.16Grease Interceptor:A plumbing appurtenance that is installed in a sanitary drainage
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system to intercept oily and greasy wastes from a wastewater discharge. Such device has the
ability to intercept free-floating fats and oils.
162.17Health Officer:the officer or other designated authority charged with the administration
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and enforcement of this code, or a duly authorized representative.
162.18Health or regulatory authority:the City of Denton.
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162.19Heavy Food Preparation:shall mean any area in which foods are prepared utilizing a
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grill, griddle, deep-fat fryer, commercial type ovens, and/or any similar food preparation
equipment; or any area subject to flooding type of wet cleaning procedures due to the cutting or
processing of meat, poultry, fish or pork. Heavy food preparation includes but is not limited to:
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cafeterias, fast food restaurants, full service restaurants, pizza preparation, donut preparation, and
meat and fish markets, etc. and may include day care centers.
For information regarding grease interceptor sizes, refer to the International Plumbing Code as
amended by the City Building Inspection Department.
162.20Light Food Preparation:shall mean any area in which foods are preparedexclusive of
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the use of fryers, grills or similar equipment. Light food preparation is usually limited to the
preparation of hot dogs, sandwiches, salads or other similar foods and fountain-type cold drinks.
Light food preparation includes, but is not limited to, sandwich shops, limited menu concession
stands, etc. and may include day care centers.For information regarding grease interceptor sizes,
refer to the International Plumbing Code as amended by the City Building Inspection Department.
162.21Minor:shall mean an individual under the age of 18
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162.22Mobile Food Establishment;afood establishment that serves, sells, or distributes any
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A
food or beverage from a mobile food preparation vehicle that is not operating at a permanent
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fixed location. A mobile foodservice establishment is vehicle-mounted or wheeled and capable of
being readily moveable. A mobile food unit is fully self-contained. A mobile food establishment
is a commercially manufactured vehicle from which food is prepared, served or provided for the
public with or without charge.
Types of mobile food establishments:Themobile food unit classifications are based upon the
type of menu served.
Class I –Limited Mobile Food Establishment:these mobile food units may provide hot and
cold holding display areas from which packaged foods are displayed. Self-service by customers
of unpackaged foods is not allowed. Preparation, assembly or cooking of foods is not allowed on
the unit.Non-potentially hazardous beverages must be provided from covered urns or dispenser
heads only. No dispensed ice is allowed.
Class II –General Mobile Food Establishment: these mobile food units may serve a full menu
as approved by the Consumer Health Division.
Class III -General Service Pushcarts:these mobile food units may operate only at one location
for the life of a permit and shall serve only a limited menu as approved by the Consumer Health
Division.
Class IV –Limited Service Pushcarts:these mobile food units may operate at one location for
the life of apermit or may be pushed by human power to various locations and shall serve only a
limited menu of non-potentially hazardous, prepackaged food items as approved by the Consumer
Health Division.
162.23No food preparation:any area in which foods are provided pre-wrapped, from a source
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approved by the Department of State Health Services with microwave oven type heating being
the maximum handling involved. No food preparation is limited to prepackaged sandwiches or
similar foods, candies and containerized beverages.
162.24Non-potentially hazardous beverage:shall mean a non-alcoholic liquid intended for
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consumption, whether natural or synthetic, that does not require temperature control because it is
not capable of supporting the rapid and progressive growth of infectious or toxigenic
microorganisms or the growth and toxin production of Clostridium botulinum. The term
includes:
1)Tea and coffee, excluding espresso, with powdered creamer or ultra-high, pasteurized half
and half in individual servings;
2)Commercially made, high acid beverages with a pH level of 4.6 or below, such as apple
juice, lemonade, limeade, and orange juice;
3)Fresh squeezed, high acid beverages;
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4)Commercially filled carbonated beverages;
5)High acid beverages made from a commercial mix; and
6)Mineral water sold in open, single-service cups with ice from an approved source.
162.25Non-profit organization:All government entities and political subdivision and public
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school districts; Organizations chartered under the Texas non-profit corporation act; or
Operations recognized by the IRS as a 501(c) organization or corporation.
162.26Perishable food:shall mean any food of a type or in a condition that may spoil.
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162.27Remodeling, extensive:any change in the structure of a food preparation area or any
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change in the establishment which would increase or decrease size requirements for the food
preparation or food storage areas as specified in sections 13-27 (b) and (c). The term may also
include any construction which requires a building permit fromthe Building Inspection Division
of the City of Denton.
It does not include: Expenditures for the replacement of moveable equipment; or remodeling
which does not affect the construction or operation of food storage or food preparation areas or
areas usedto store or clean utensils and equipment used in food storage or food preparation.
162.28Seasonal food service establishment:any food service establishment which operates
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from a fixed location for a period not to exceed six (6) consecutive months provided that such
operation shall occur only once during any twelve (12) consecutive month period.
162.29Smoker:any unit, whether mobile or fixed in nature, which uses wood or wood products
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to provide smoke for the purpose of slow cooking meats intended forhuman consumption,
whether such unit is inside an enclosed building or in an outdoor area.
162.30Temporary Event/Community Based Event:transitory gatherings such as traveling
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fairs, carnivals, multicultural celebrations, special interest fundraisers, restaurant food shows,
grand openings, customer appreciation days, etc. also called special events. These are single
events or celebrations.
162.31Temporary food permit:a permit issued after fulfilling all City requirements to a food
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establishment sellingor serving food at a temporary event. The temporary food permit is valid
until the temporary event concludes or for 14 consecutive days, whichever is less. A temporary
food permit is valid for only one event location at a time.
162.32Toilet facilities:flush toilets and sinks with hot and cold running water connected to an
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approved system
162.33Warehouse:shall mean any enclosed structure, room, or building where packaged food
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or food products intended for off-premise consumption are stored for, sold to, or offered for sale
or distribution to persons other than the ultimate consumer.
162.34Wholesome:in sound condition, clean, free from adulteration, and otherwise suitable for
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use as human food. Food which is packaged shall be deemed wholesome if it meets the foregoing
requirements and it is used or sold prior to the expiration date marked on the package.
Section 229.163(a)is amended by adding the following:
163.1 This person(i.e., the person in charge)shall have a valid Food Protection Management
training certificate. Certification must be obtained by passing an examination approved by the
Texas Department of State Health Services and approved by the regulatory authority.
The following food service establishments are exempt from the requirements of this section:
1)Establishments selling only uncut produce or commercially packaged; hermetically
sealed foods;
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2)a food enterprise that provides only beverages or prepackaged food that is not a
potentially hazardous food;
3)Bars and lounges that do not serve potentially hazardous foods;
4)a food processing plant that is inspected at least once each week by a state or federal food
sanitation inspector or that only stores prepackaged food that is not potentially hazardous;
5)Concession stands that are run by volunteers;
6)a nonprofit organization that serves food only to members of the organization;
7)a vending machine or a mobile food establishment that offers only prepackaged food, if a
certified food manager is in charge at the central preparation facility that supplies the
products for the vending machine or mobile food establishment; or
8)a temporary event food vendor.
Compliance may be required of establishments having one of the above exemptions if they have
repeated or critical food code violations, or if determined bythe health officer to be capable of
causing food borne illness.
163.2 The owner or operator of a new foodservice establishment shall provide verification to the
Consumer Health Division, prior to the opening of the establishment, that the establishment meets
the Certified Food Protection Manager requirement of this article.
163.3 If a foodservice establishment cannot meet the requirements of this section because of the
termination or permanent transfer of a registered food protection manager, the food establishment
shall: Employ another registered food manager within thirty (30) days of the effective date of the
termination or transfer of the previous manager. When an existing food service establishment has
a change of ownership, the new owner or operator of the establishment shall provide verification
to the Consumer Health Division within thirty (30) days of the effective date of the change of
ownership that it is in compliance with the certified food protection manager requirements of this
article.
163.4A person commits an offense if the person is the owner or operator of a food establishment
and violates a provision of this section.
163.5 A person commits an offense if the person is the food manager of a food establishment and
fails to obtain a food protection manager’s certificate from an accredited program accepted by the
Texas Department of State Health Services within the time limits allowed in this article.
163.6 A person holding a food protection manager’s certificate shall register a copy of that
certificate with the City of Denton Consumer Health Division.
Section 229.163(c)(12) is amended by adding the following:
163.7 Every person whose work brings them into contact with the handling of food, utensils, or
food service equipment must possess a valid City of Denton food handler card.
Every person who owns, manages, or otherwise controls any food service establishment shall not
permit any person to be employed therein who does not possess a valid City of Denton food
handler card within ten (10) daysfrom the date of their employment.
163.8 Food handler test
In order to receive a food handler's card, every person must achieve a score of seventy (70) or
more on a the test offered by the City of Denton or pass an approved on-line course offered on the
City of Denton Consumer Health webpage. After an applicant passes an online food handler
course, the applicant shall bring verification to the City in order to receive a City of Denton
issued Food Handler card. This requirement must be met upon expiration of a food handler's card
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and upon application for a new food handler's card. At the discretion of the health officer, if he or
she deems it necessary, employees may be required to attend one of the classes offered by the
City of Denton Consumer Health Division.
163.9 Certificates available.
The permit holder of the food service establishment shall make food handler cards and food
manager certificates displayed where they can be easily seen by the regulatory authority.
163.10 Duration of food handler card.
Any food handler's card issued under the provisions of this article shall remain in full force and
effect two years from the date of issuance.
163.11 Same-nontransferable.
Every food handler card issued under the provisions of this chapter shall be nontransferable.
163.12 Same--Confiscation.
The health officer shall have the authority to confiscate a food handler's permit that has expired or
is otherwise invalid.
163.13 Personnel.
a)A food employee may drink from a beverage container that has a tight-fitting lid with a
straw.
b)Employees shall wear disposable gloves when handling ready-to-eat foods, or provide
documentation of training regarding correct handling of ready-to-eat foods as found in
section 229.164(e)(1)(D)(i)-(iii).
Section 229.164(a) is amended by adding the following:
164.1 Destruction of unwholesome food authorized.
Whenever the city health officer discovers any food or drink displayed for sale or kept for sale,
which is unwholesome or unsafe for human consumption, the officer shall order the foodor drink
to be destroyed or removed, and the owner or the responsible person in charge shall immediately
destroy or remove such unwholesome or unsafe food at his or her own expense.
164.2 Sale or other disposition of unwholesome food prohibited.
It shall be unlawful for any person, association of persons, firm, food service establishment,
temporary food service establishment or corporation to offer for sale or give away any food or
drink for human consumption which has been pronounced by the city health officer to be unfit for
such use. No person shall prepare potentially hazardous or TCS food for sale to the public from
their own private residence.
Section 229.164(v)(2)(C) is amended by adding the following:
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164.3 Written documentation of cool-down procedures of the food that is being donated is
required.
Section 229.165(k)(1)(C) is amended by adding the following:
165.1 Existing equipment which was installed in a food service establishment prior to the
effective date of this chapter, and which does not meet fully all of the design and fabrication
requirements of this rule shall be deemed acceptable in that establishment as long as there is no
change of ownership, equipment is in good repair and capable of being maintained in a sanitary
condition, and the food-contact surfaces are nontoxic. Replacement equipment and new
equipment acquired after the effective date of this chapter shall meet the requirements of this
chapter.
Section 229.166(j)(3) is amended by adding the following:
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166.1 Grease Interceptors shall be located outside the food preparation area unless otherwise
approved by the regulatory authority.
Section 229.166(l)(14)(B) is amended by adding the following:
166.2 Garbage Containers.
Garbage and refuse shall be kept in durable, easily cleanable,insect-proof, and rodent-proof
containers that do not leak and do not absorb liquids. Containers used in food preparation and
utensil-washing areas shall be kept covered except when actually in use.
There shall be sufficient number of containers to hold all the garbage and refuse that accumulates
during operation of the food establishment. The regulatory authority may require additional
service, dumpsters or larger dumpsters to accommodate the garbage and refuse that accumulates.
Suitable facilities, including hot water and detergent or steam shall be provided and used for
washing garbage containers. Liquid waste from compacting or cleaning operations shall be
disposed of as sewage. Power washing and contracted cleaning services shall be performed
according to applicable law.
Cardboard or other packaging materials that do not contain food residues or that are waiting
regularly scheduled delivery to a recycling or disposal site may be stored outside in a covered
receptacle if it is stored so that it does not create a rodent harborage problem.
Section 229.167(b)(3) is amended by adding the following:
167.1 Premises.
Food Service establishments and all parts of the property used in connection with operations of
the establishment shall be kept free of litter.
Only articles necessary for the operation and maintenance of the food service establishment shall
be stored on the premises.
Section 229.167(p)(15)(B)(iii) is amended by adding the following:
167.2 A food service establishment may permit a customer to be accompanied by a dog in an
outdoor dining area if:
a)The food service establishment posts a sign in a conspicuous location stating that dogs
are allowed in the outdoor dining area;
b)The customer and the dog access the outdoor dining area directly from the exterior of the
food service establishment;
c)The dog does not enter the interior of the food service establishment;
d)The customer retains the dog on a leash at all times and controls the dog;
e)The customer does not allow the dog to be on a seat, a table, a countertop, or a similar
surface;
f)In the outdoor dining area, the food service establishment does not
1)prepare food; or
2)permit open food, except for food that is being served to a customer; and,
g)Only cleaners and sanitizers that are not harmful to animals may be used on outdoor
surfaces.
Section 229.169is amended by adding the following:
169.1 Requirements for mobile units.
a)Application Process
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1)In order to obtain a health permit to operate a mobile food establishment within
the city limits of Denton, an applicant shall submit all required applications and
applicable documents with the City of Denton and pay all required fees.
2)The application shall include an approved Certificate of Occupancy issued by the
Building Official. A Certificate of Occupancy shall be required for all mobile
units that will stop and sell food in any one parcel of land for more than one hour.
The Certificate of Occupancy verifies that all sales locations stated in the
submitted location itinerary are zoned for food establishments. Other
documentation may be required by the health officer.
3)The Consumer Health Division must be given written notice at least two (2)
business days before implementation of any changes to the filed itinerary.
b)Permit Issuance
1)Upon receiving a proper application for a permit, the Consumer Health Division
shall make appropriate inspections of the vehicle; equipment and other
reasonable inspections concerned with the mobile food establishment and shall
issue a permit and sticker only if:
a)The inspection reveals compliance with the applicable requirements of
all federal and state statutes and regulations and city ordinances
governing the proposed mobile food establishment operation.
b)The valid sticker shall be displayed by a mobile food
establishment:
1.The hard copy of the permit shall be posted in public view inside
the vehicle and
2.The sticker permit shall be posted on the back right corner on the
outside of the vehicle –it will display the date of expiration of
the permit and the unit ID number.
2)The health permit shall be valid for 12 months. Mobile food establishment
permits shall not be transferable and shall be considered revoked should the food
vending operation be changed from that specified in the permit.
c)Location of Operation
1)Any location where mobile units stop and sellfood in any one location for more
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ale
than one hour, shall be zoned (according to the Denton Development Code) to
allow food establishments.
2)Mobile units shall not stop and sell food in a residential District(as defined in the
Denton Development Code) without written permission from the Homeowner’s
Associationor a Neighborhood Association. Mobile units shall not stop and sell
food in any residential zone that does not have an active Homeowner’s or
Neighborhood Association.
d)Operations on Public Property
No mobile food vehicle shall operate a business from a public park or publicly owned
property or site without written permission from the City.
e)Signage
1)Each mobile establishment must be readily identifiableby business name,
printed, permanentlyaffixed, and prominently displayed upon at least two sides
of the units , in letters and numbers not less than 3 (three ) inches in height
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2)Each mobile food establishment shall be clearly marked with the food
establishment’s name or a distinctive identifying symbol. The lettering shall be
at least three (3) inches in height and of a color contrasting with the background
color. If a symbol is used, it shall be at least twelve (12) inches in diameter or of
an equivalent size.
3)Each mobile food establishment shall be clearly marked with the permit number
for purposes of identifying each unit on inspection reports and other
communications.
Section 229.169(a)(1) is amended by adding the following:
169.2 Mobile Food Vehicle Types
Class I–Limited Mobile Food Establishment:these mobile food establishments may provide
hot and cold holding display areas from which packaged foods are displayed. Self-service by
customers of unpackaged foods is not allowed. Preparation, assembly or cooking of foods is not
allowed on the unit.Non-potentially hazardous beverages must be provided from covered urns or
dispenser heads only. No dispensed ice is allowed.
Examples of foods that are allowed:
1)Food that was prepared and packaged in individual servings at an approved commissary
and transported and stored under conditions meeting the requirements of this article
2)Potentially hazardous beverages such as individual servings of milk, milk products and
coffee creams that have been packaged at a pasteurizing plant. All foods sold will need to
meet proper labeling requirements.
Note: If the vendor is selling prepackaged food, the vendor shall provide a copy of the
commercial food establishment’s Texas Food Manufacturing permit (or Meat Safety
Assurance Permit –if applicable) from the Texas Department of State Health Services.
Class II–General Mobile Food Establishment: these mobile food establishments may serve a
full menu as approved by the Consumer Health Division.
Class III -General Service Pushcarts: these mobile food units may operate only at one location
for the life of a permit and shall serve only a limited menu as approved by the Consumer Health
Division.
Menu items shall be limited to, unless authorized by the Health Inspector: thosemenu
items listed under Class IV –Limited Service Pushcart category, hot dogs, nachos with artificial
cheese base, corn on the cob, snow cones, popcorn, pretzels, sausage on a stick, tea, lemonade,
fruit drinks (from dry mix only), tamales, and roasted peanuts.
Class IV –Limited Service Pushcarts:these mobile food units may operate at one location for
the life of a permit or may be pushed by human power to various locations and shall serve only a
limited menu of non-potentially hazardous, prepackaged food items as approved by the Consumer
Health Division.
Menu items shall be limited to, unless authorized by the Health Inspector: prepackaged
chips, candy, ice cream, prepackaged sodas, and bottled water.
169.3 Class III and Class IV Mobile Food Vendors shall not:
1)use a vehicle that exceeds 6ft. x 4 ft. x3 ft.;
2)enter or occupy a public roadway to solicit or conduct a sale;
3)place any signs or other advertising devices on public propertyother than those signs
affixed to the vehicle;
4)physically or visibly obstruction pedestrian and vehicular traffic;
Page 9 of 33
5)sell, distribute, or offer for sale, goods or services that have not been approvedby the
Health Inspector;
6)be located within a construction area,or;
7)conduct business with vehicular traffic located in the street right-of-way.
169.4Servicingatcommissaries
Deleted:
by
Mobile food establishments shall report to the approved commissary locationsfor supplies,
cleaning, and servicing operations as follows:
1)The interior of the mobile food establishment shall be cleaned and serviced at the
approved commissaryat least daily and shall be storedat the commissarywhen not in
operation.
2)The mobile food establishment shall acquire needed supplies from the commissary or
other approved sources.
3)An existing food establishment may serve as a commissary for a mobile food
establishment only if approved by the health officer. The existing food establishment
would be required to have an approved vehicle storage facility, approved potable water
hookups, approved wastewater drainage facilities, approved grease interceptor hookups
and size, and any other accommodations as determined necessary by the health officer to
ensure compliance with all regulatory codes.
4)The mobile food establishment shall provide documentation of each visit to the
commissary and shall have that documentation available for inspection.
169.5Servicing Records
It shall be unlawful for an operator of a mobile food establishment to be in operation without a
valid servicing record in his possession. The operator of a mobile food establishment shall keep
and maintain servicing records on the mobile food establishment for a period of one year from the
date of servicing. The servicing records must be immediately available to any peace officer or
health officer for inspection.
169.6Vehicle construction
a)Theinterior of the vehicle shall be commercially manufactured or be approved by the
health officer.
b)The food preparation area of the vehicle shall be completely enclosed.
c)Mobile food establishments may be required to provide an on board power source, such
as a battery or generator, to assure maintenance of PHF/TCS foods at proper temperatures
during transit, preparation and service. The vehicle must be equipped with commercial
mechanical facilities. All equipment on the vehicle is to be NSF approved, ANSI
approved, or of commercial grade.
d)The cab of the vehicle must be physically separated from the food preparation area, and
the seats designated for the cook and any passengers must be located outside of the food
preparation area.
e)All cooking equipment and hot holding units must be located at the rear of a mobile food
preparation vehicle. Covers for deep fryers must be provided and installed over fryer
units while vehicle is in motion.
f)The vehicle must be equipped with a built-in hose that may be used to wash the interior
of the vehicle when it is at the commissary for servicing.
169.7Exterior surfaces
Page 10 of 33
Exterior surfaces of mobile food units shall be of weather resistant materials and shall comply
with all applicable laws.
169.8Utility connections
Utility connections shall be limited to only electrical service and shall be in full compliance with
the Electrical Code. All electrical extension cords shall be of industrial grade quality and shall be
utilized in a safe manner as not to be a nuisance or a trip hazard. Mobile food establishments shall
not be connected to any potable water service, sanitary sewer service, or fuel gas service while in
the operation of preparing or vending food.
169.9Damage Report
Any accident involving a mobile food establishment that results in damage to the water system,
waste retention tank, food service equipment, or any facility that may result in the contamination
of the food being transported or any damage that results in a violation of this section, shall be
reported within 24 hours of the time the accident occurred. Reports shall be made by the holder of
the mobile food establishment health permit.
169.10Overhead Protection
Overhead protection shall be provided for mobile food units that are operated outdoors and where
food is not covered at all times. The overhead protection shall consist of, but not be limited to,
roofing, ceilings, awnings, or umbrellas. The overhead protection must be easily cleanable.
169.11Any additional equipment or the arrangement thereof other than that approved when the
permit was issued shall be prohibited unless approved in advance by the Consumer Health
Division.
Section 229.169(a)(7) is amended by adding the following:
169.12A mobile food establishment must demonstrate mobility atany reasonable time if
Deleted:
0
requested by any peace officer, health officer, or designated city employee.
169.13Operation capacity limited
Deleted:
1
The operator of a mobile food establishment shall prepare, serve, store, and display food and
beverages on or in the mobile food unit itself; and shall not attach, set up, or use any other device
or equipment intended to increase the selling, serving, storing, or displaying capacity of the
mobile food establishment. It shall be un-lawful for the operator of a mobile food establishment
to:
1)Allow items such as, but not limited to brooms, mops, hoses, equipment, containers and
boxes or cartons to remain adjacent to or beneath the mobile food establishment;
2)Provide or allow any sign or banner to remain that is not attached andsolely supported by
the mobile food establishment; or,
3)Sell food outside of the vehicle, for example, from a table under a free standing canopy.
All food vending shall be done from the mobile unit.
169.14Mobile food establishments are limited by the types and choices of approved food items
Deleted:
12
being prepared and sold. Food preparation may be restricted by Consumer Health.
Section 229.169(a)(8)(A) is amended by adding the following:
169.15If liquid waste results from the operation of a mobile food establishment it shall comply
Deleted:
3
with the following:
1.It shall be stored in permanently installed, vented retention tanks that are at least fifteen
percent (15%) larger than the water supply tank, but not less than thirty (30) gallons of
capacity and shall be drained and thoroughly flushed during servicing operations.
Page 11 of 33
2.All liquid waste shall be discharged to an approved sanitary sewage disposal system at
the commissary.
3.Liquid waste shall not be discharged from the retention tank when the mobile food
establishment is at an operational location.
4.The waste connection shall be located below the water connection to preclude
contamination of the potable water system.
5.Connection to a sewerage system at an operation location is prohibited.
6.All used fats, oil, or grease shall be discharged to an approved grease interceptor at the
commissary. Used fats, oils, or grease shall not be discharged to any unauthorized
food establishment grease interceptor.
Section 229.169(a)(9)(B) is amended by adding the following:
169.16Garbage and Refuse
Deleted:
4
A mobile food establishment shall provide a minimum of 20 gallons for garbage and refuse
storage facilities for the operator’s use; and shall have garbage and storage facilities attached to
the exterior of the mobile food establishment that are insect and rodent-proof for customer use.
169.17Access to Restroom Facilities
Deleted:
5
Prior to the issuance of a health permit, the operatorof a mobile food establishment shall submit
to the Consumer Health Division and comply with the following:
a)Written proof of availability of restrooms with flushable toilets for the use of the mobile
food establishment employees located in a business establishment within 500 feet of each
location where the mobile food unit will be in operation for more than one (1) hour in any
single day.
b)Proof of availability of adequate facilities shall be in the form of a written and notarized
statement from the owner, or owner’s agent, including the name, address and telephone
number of the property owner or authorized agent,and the type of business and hours of
operation, granting permission for the use of the facilities. If the business owner is a
partnership or corporation, the statement shall include the name, address and telephone
number ofone of the partners or officers.
c)A copy of the notarized statement shall be displayed in the mobile food establishment in
plain view of the public at all times.
169.18Separation and Setbacks
Deleted:
6
Mobile food vehicles shall be separated from existing buildings and other mobile food vehicles
by a minimum of 12 feet. Mobile food vehicles shall be subject to all current zoning and setback
regulations found in the Denton Development Code (DDC). Mobile food vehicles shall not set up
in fire lanes or parking spaces that are required by the Certificate of Occupancy of an existing
business.
169.19Food Transportation
Deleted:
7
1)During transportation, food and food utensils shall be kept in covered containers or
completely wrapped or packaged so as to be protected from contamination. Foods in
original packages do not need to be overwrapped or covered if the original package is
sealed.
2)Food shall be maintained at required temperatures at all times during transport.
169.20Closure of a Mobile Food Establishment:
Deleted:
18
Page 12 of 33
When a mobile food unit is closed by the health officer for critical violations, the health officer
shall post a closed sign and the inspection report on the unit. When a commissary or warehouse is
Deleted:
169.19 Requirements for snow cone
vendors and ice cream vendors¶
closed by a health officer for critical violations, the health officer shall post the inspection report
<#>A snow cone vendor shall be limited to the sale
inside the facility. No person except the health officer shall remove or alter the inspection report
of snow cones and pre-packaged items only and shall
or closed sign.
have a:¶
<#>Commercially approved source for ice and
syrup;¶
Section 229.169(b)(2) is amended by adding the following:
<#>Hand wash sink with hot and cold running water
under pressure, liquid soap, and paper towels;¶
169.21Servicing records to be kept by commissaries
<#>At least a two (2) compartment sink (with hot
and cold running water under pressure) for washing
The commissary from which a mobile food establishment operates shall issue and maintain
and sanitizing utensils; and,¶
servicing records for each unit in a manner and form prescribed by the health officer. The permit
<#>Waste-water holding tank of adequate size for
holder, person in charge, employee, or representative of any commissary shall keep and maintain
operation or be connected to an existing sanitary
sewer.¶
servicing records at the commissary for a period of two years from the date of servicing or until
<#>A snow cone vendor may also be required to
retrieved by the health officer, whichever comes first. Servicing records maintained at the
meet any and all provisions required for a food
commissary shall be immediately available to any peace officer or health officer for inspection
service establishment, which the administrator
deems necessary to protect the public health and
during normal business hours.
safety. This type of establishment maybe a fixed
location capable of obtaining a certificate of
169.22Falsification of servicing records
occupancy. ¶
<#>A water heater system capable of producing
It shall be unlawful for an owner, permit holder, person in charge, employee, or representative of
water of 100º degrees Fahrenheit interconnected with
any commissary to issue a servicing record without first verifying that the mobile food
the potable water supply shall be provided. A
minimum of 15 gallons of water must be available.¶
establishment has complied with all servicing requirements. It shall be unlawful for any owner,
<#>Adequate, conveniently located and accessible
permit holder, person in charge, employee, or representative of any commissary or mobile food
toilet and lavatory facilities shall be available to the
establishment to knowingly present or issue any false, fraudulent, or untruthful servicing record
snow cone stand at alltimes. A notarized letter
signed by the owner/operator of the establishment
for the purpose of demonstrating compliance with the requirements of this chapter.
where the facilities are located, must be submitted
with the permit application giving written permission
Section 229.169(c)(2) is amended by adding the following:
for the snow cone personnel to use such facilities and
that the facilities will be available for use at all times
169.23Servicing operations
during the food establishment’s hours of operation.
The path of travel to such facilities shall not exceed a
1)Potable water-servicing equipment shall be stored and handled in a way that protects the
distance of 500 feet.¶
water and equipment from contamination.
169.20 Requirements for the sale of ice cream, other
frozen desserts or novelties upon a public street ¶
2)Vehicle cleaning and in-place cleaning of nonfood-contact surfaces of equipment not
)
(aA person may not sell ice cream, frozen desserts
or other novelties from a vehicle before sunrise or
requiring sanitization shall be done with potable water and shall be done in a manner that
after sunset.¶
will not contaminate the vehicle’s food storage or food preparation areas of equipment.
(b) Ice cream, frozen desserts, and other novelty
If hoses are used in the cleaning process, they shall be food-grade and kept off the floor
frozen food items shall be individually wrapped by
the manufacturer before being placed in the vehicle
or pavement, on racks or by other approved suitable means. All cleaning areas shall be
from which they are sold and shall be sold in the
paved with a smooth surface of nonabsorbent material such as concrete or machine-laid
original wrapping.¶
asphalt, which is sloped to drain toward an approved catch basin or floor drain where the
(c) Such frozen items as described in (b) above may
be sold from a pushcart.¶
liquid waste can be lawfully disposed. The use of liquid waste transport vehicles
169.21 All vehicles offering ice cream for sale shall
(otherwise known as vacuum trucks), licensed by the Texas Commission on
have:¶
1) An automatic flashing device consisting of two
Environmental Quality for the removal and disposal of liquid waste resulting from mobile
lamps at the front of the vehicle, mounted at the
unit food operations is permitted.
same level and as widely spaced laterally as possible
and displaying simultaneously flashing amber lights,
3)Servicing operations may be performed by the commissary operator or by the mobile
and two (2) lamps at the rear of the vehicle mounted
food establishment operator. It shall be the commissary operator’s responsibility to
at thesame level and as widely spaced laterally as
possible and displaying simultaneously flashing
observeor perform servicing on each mobile food unit and properly complete a servicing
amber lights, to be used at all times while each
record. It is the responsibility of the mobile food establishment operator to confirm that
vehicle is in use for food service or solicitation of
the requirements of this section are fulfilled prior to resuming operations.sales;¶
2) Signs in front and real bearing the word “SLOW”
4)A current copy of each authorization must be maintained on file with the City of Denton in letters not less than six (6) inches high; and 3) be
capable of maintaining a constant temperature for
Consumer Health Division and also in plain sight on the vehicle for inspection by the
food storage and contain, in a conspicuous place, a
City of Denton or a peace officer upon request.
thermometer to allow for verification of
temperatures.¶
169.24Permitting of commissaries as food establishments
Deleted:
2
A commissary servicing any mobile food establishment may be an approved and permitted food
Deleted:
3
establishment at which the mobile food unit is supplied with fresh water, emptied of waste water
Deleted:
4
(and grease) into a proper waste disposal system,and cleaned, including washing, rinsing and
Deleted:
5
Page 13 of 33
sanitizing of those food contact surfaces or items not capable of being immersed in the mobile
food establishment’s utensil-washing sink. The servicing area must be of adequate size and scope
as to accommodate its own operation, as well as those of the mobile food establishment.
1)Compliance with all other applicable rules and operational guidelines as may be
promulgated by the health officer.
2)When the commissary is within another jurisdiction the permit holder shall provide a
copy of the latest inspection of its facility by that regulatory authority.
169.25Warehouse:
Deleted:
6
1)If only prepackaged goods are sold, a warehouse may be accepted in lieu of a
commissary.
2)Warehouses shall be required to meet only those rules necessary to prevent the
contamination of stored foods, single service articles, utensils and equipment. In general,
warehouses shall be exempt from the rules relating to finished walls, ceilings, or storage
bases, light colored surfaces, restrooms, lavatories and utility facilities, provided foods
are protected from contamination from dust, insects, rodents, flooding, drainage, or other
contaminants.
3)Handling of unpackaged foods, dishwashing and ice making are prohibited in a
warehouse.
169.26A mobile food preparation facility shall not:
Deleted:
7
1)Stop at any location, unless the stop is for less than one hour, to sell or serve food during
any time other than the dates and times specified in the current itinerary on file with the
Consumer Health Division for the mobile food preparation vehicle.
2)Serve as a commissary for another mobile food unit or as the base of operation for a
caterer
3)Apply for variances of food processing
4)Use leftover foods. All PHF/TCS foods shall be served or discarded at the end of each
businessday
5)Use time as a public health control. All PHF/TCS foods shall be controlled by
mechanical means
6)Park on an unimproved surface such as grass or dirt without written approval from the
City.
7)Park at a residence.
8)Be permitted to be washed-out at the location of an existing food establishment. All
interior washing shall be at an approved commissary. Only exterior washing of the
mobile food vehicle may be done at a commercially operated carwash. Grease or
wastewater shall not be dumped or drained at a carwash.
9)Leave a location of operation until the area of operation is free from trash or nuisance
caused by the mobile food vehicle business, its employees, or its customers.
169.27Inspection Procedures
Deleted:
8
1)Critical violations shall result in the immediate closure of a mobile food unit, commissary
or warehouse if the City of Denton Consumer Health officer determines that an imminent
danger to the public health exists, and that the violation cannot be corrected immediately
or an approved alternative procedure has not been implemented. Also refer to section
171.22.
Page 14 of 33
2)For violations not resulting in closure, the corrections shall be made and approval shall be
given by a City Health officer before reopening for business.
169.28Requirements for snow cone vendors and ice cream vendors
a)A snow cone vendor shall be limited to the sale of snow cones and pre-packaged items
only and shall have a:
1)Commercially approved source for ice and syrup;
2)Hand wash sink with hot and cold running water under pressure, liquid soap, and
paper towels;
3)At least a two (2) compartment sink (with hot and cold running water under pressure)
for washing and sanitizing utensils; and,
4)Waste-water holding tank of adequate size for operation or be connected to an
existing sanitary sewer.
b)A snow cone vendormay also be required to meet any and all provisions required for a
food service establishment, which the administrator deems necessary to protect the public
health and safety. This type of establishment may be a fixedlocation capable of
obtaining a certificate of occupancy.
c)A water heater system capable of producing water of 100º degrees Fahrenheit
interconnected with the potable water supply shall be provided. A minimum of 15
gallons of water must be available.
d)Adequate, conveniently located and accessible toilet and lavatory facilities shall be
available to the snow cone stand at all times. A notarized letter signed by the
owner/operator of the establishment where the facilities are located, must be submitted
with the permit application giving written permission for the snow cone personnel to use
such facilities and that the facilities will be available for use at all times during the food
establishment’s hours of operation. The path of travel to such facilities shall not exceed a
distance of 500 feet.
169.29Requirements for the sale of ice cream, other frozen desserts or novelties upon a public
street
(a)A person may not sell ice cream, frozen desserts or other novelties from a vehicle
before sunrise or after sunset.
(b) Ice cream, frozen desserts, and other novelty frozen food items shall be individually
wrapped by the manufacturer before being placed in the vehicle from which they are sold
and shall be sold in the original wrapping.
(c) Such frozen items as described in (b) above may be sold from a pushcart.
169.30All vehicles offering ice cream for sale shall have:
1) An automatic flashing device consisting of two lamps at the front of the vehicle, mounted at
the same level and as widely spaced laterally as possible and displaying simultaneously flashing
amber lights, and two (2) lamps at the rear of the vehicle mounted at the same level and as widely
spaced laterally as possible and displaying simultaneously flashing amber lights, to be used at all
times while each vehicle is in use for food service or solicitation of sales;
2) Signs in front and real bearing the word “SLOW” in letters not less than six (6) inches high;
and 3) be capable of maintaining a constant temperature for food storage and contain, in a
conspicuous place, a thermometer to allow for verification of temperatures.
Section 229.170(a) is amended by adding the following:
Page 15 of 33
170.1 The term temporary food service establishment shall not include concession stands, which
operate at a fixed location in conjunction with scheduled, community-based sporting or
recreational events provided that the preparation and serving of potentially hazardous foods shall
be restricted to only those pre-cooked, pre-packaged potentially hazardous food products that
have been properly prepared in accordance with all Department of State Health Services and local
requirements and are properly stored, handled, and served in the unopened, original package from
said concession stands. In such instances where open potentially hazardous foods are prepared on
sitefrom a concession stand, these shall be evaluated on a case-by-case basis and a determination
shall be made as to requirements.
a)A temporary food service establishment that does not comply with other requirements of
this chapter or other city ordinances applicable to food service establishments is
permitted if:
1)The health officer finds that the operation will not result in a health or safety hazard
or a nuisance;
2)The operation is limited to a single, fixed location, which may include one or more
facilities at the location;
3)The operation is either:
a.Limited to a time of not more than fourteen (14) consecutive calendar days;
b.Operating under a city park and recreation department that has been
approved by the city; and
c.The food service establishment complies withthe other requirements of this
section.
b)An application and non-refundable fees for a temporary event permit (per food booth)
shall be submitted at least two (2) working days prior to the event, or five (5) days prior
to the event if ten (10) or more booths are permitted for the same event. The application
shall include the time the booth will be set up and ready for inspection.
c)If an application is not submitted by the deadline in (b) above, the acceptance of the
application will be at the discretion of the health officer, and an administrative fee will be
charged.
d)All requirements of the food booth must be in place before a permit will be issued.
e)A temporary event permit will be required if there is open food (e.g. offering samples)
available.
f)Food manufacturers must submit a copy of the state manufacturer license with their
application.
g)Permits for temporary food service establishments that are not operating in conjunction
with a City sponsored special eventor community based eventshall be limited to six (6)
permits per year per establishment.
h)A foodservice establishment with a current annual health permit will be required to
obtain a temporary event permit if the event is at a location outside their permitted
premises.
i)A temporary food service establishment shall not:
1)Prepare, serve, sell or distribute any food not approved in advance by the health
officer. This prohibits the storage and preparation of food from a private residence.
Any slicing, dicing or cutting of potentially hazardous foods must be done in a
commercial kitchen and brought to the event under proper temperature control; this
Page 16 of 33
includes raw hamburger meat that must be brought in as commercially prepared
frozen patties. No “gyro” type meat cookers are allowed.
2)Prepare potentially hazardous food; except, that the establishment may prepare
potentially hazardous food that is approved in advance by the health officer and does
not require substantial preparation prior to consumption (including, but not limited to,
a hamburger or frankfurter) or may prepare potentially hazardous food that is
obtained by the establishment in individual servings;
Section 229.170(b) is amended by adding the following:
170.2 Potentially hazardous food products shall be held in mechanical refrigeration that is
maintained at 41º degrees or less. Frozen products may be stored in ice only if approved in
advance by the regulatory authority and the duration of the event and items offered for sale is
limited, typically less than four (4) hours in duration. Potentially hazardous food products shall be
held in mechanical hot or cold holding equipment if the event is more than four (4) hours in
duration. All foods are to be kept properly protected during storage, preparation, and service; this
will include grill covers or lids to prevent contamination from overhead.
Section 229.170(d)(3) is amended by adding the following:
170.3 Small “crock-pots” may be used to properly store food utensils in water 135 º F degrees or
hotter; or utensils may be stored in running water dipper wells.
170.4 “Sterno” heating units are not allowed for use at outdoor events to hold foods hot.
Section 229.170(d)(4) is amended by adding the following:
170.5 Bare hand contact with ready-to eat foods is prohibited. Single-use gloves must be worn
over cleaned hands.
170.6 Animals are prohibited from being within the interior limits of a temporary food
establishment.
Section 229.170(h) is amended by adding the following:
170.7 A temporary food service establishment shall comply with liquid waste disposal
ordinances, solid waste disposal ordinances and fire codes.
Section 229.170(k)(3) is amended by adding the following:
170.8 A temporary food service establishment shall comply with these Texas Food Rules and any
other requirement that the administrator determines is necessary to protect the public health or
safety and imposes as a condition to the lawful operation of the establishment.
170.9 Food-handler cards required: Food safety training is required for all temporary food
establishment workers. Food service workers may obtain a food-handler card through a class
offered through the City of Denton Consumer Health Division’s normal schedule of classes or an
approved on-line course. Depending on the duration of the event and the extent of the food
service being offered, the Consumer Health Division may mandate a Food Manager’s
Certification for a minimum of one or maximum of all personnel during the event.
170.10 Catering operations.
a)All catering operations based in the City of Denton shall comply with all state rules, laws,
and local ordinances. A person shall not engage in a catering operation unless the service
is affiliated with a food service establishment operating from a fixed facility that is
permitted by the appropriate health authority.
b)The base of operations for a catering operation shall be physically separate from a
residential home and shall be a permanent, fixed location.
c)The health officer may inspect a catering operation at any time.
Page 17 of 33
170.11 The health officer may request copies of the healthpermit issued to the caterer from the
regulatory authority having jurisdiction where the food is prepared or packaged.
170.11 FARMER’S MARKET
a)Management and Personnel
Responsibility, assignment. The permit holder shall be the person in charge or shall
designate a person in charge and shall ensure that a person in charge is present at the
market during hours of operation. Where it is allowed, food vendors that offer, sell, or
distribute food that is potentially hazardous or that offer samples of food; shall have a
person in charge that can show proof of successful completion of a Texas Department of
State Health Services approved Certified Food Managers Course. Food vendors that
offer, sell, or distribute only prepackaged foods, non-potentially hazardousfoods or
beverages or temporary food vendors in conjunction with a special event at such location
are exempt from the food manager certification course requirement. Proof of successful
completion of a certified food manager course may be required of foodvendors having
exemptions if judged by the regulatory authority to be capable of causing food-borne
illness or may be an increased public health risk.
b)Food
1)Preventing contamination:
a.Food Display. Except for plants, nuts in the shell and whole, raw fruits
and vegetables that are intended for hulling, peeling or washing by the
consumer before consumption, food on display shall be protected from
contamination by the use of packaging, counter, service line, or salad bar
food guards that comply with NSF standards, completely enclosed
display cases; or other means approve by the Regulatory Authority.
Letters may be required from the fabricator or installer of such food
guards stating compliance with NSF standards if visual compliance is not
evident through the use of labels or listings posted directly on the food
guard by the authority approved to affix such label or listing.
b.Except for plants, nuts in the shell and whole, raw fruits and vegetables
that are intended for hulling, peeling or washing by the consumer before
consumption, food that is not completely packaged must be located
under a cover, tent or other covering approved by the Regulatory
Authority and remain under the covered protection for the duration of the
operating period.
2)Approved Source. Only food from an approved source may be offered at a
Farmer’s Market or Food Market under these rules. Foraged foods are not
considered to be from an approved source. Food prepared in a private home, a
Cottage food production operation or from an unlicensed food manufacturer or
wholesaler is considered to be from an unapproved source and may not be used
or offered for sale in Farmer’s Markets or Food Market as defined in this rule.
Food from a kitchen regulated by a local regulatory authority and proof of suchis
presented shall be considered from an approved source.
3)Meat, non-poultry.
a.Meat such as game animals, ratites or equine meats (as defined in TFER)
may not be sold.
b.Whole muscle meat shall be stored frozen and held under refrigeration
capable of maintaining the meat in a hard, frozen state. Meat shall be
packaged ready to offer or sell. Separating, cutting or otherwise
removing meat from an intact package is prohibited.
Page 18 of 33
c.Meat shall be produced, stored, labeled in compliance with U.S.
Department of Agriculture rules and regulations. Proof of license or
exemption shall be provided to the Regulatory Authority at time of
application.
4)Poultry.
a.Poultry is defined as allowed by TFER, as amended.
b.Poultry shall be stored frozen and held under refrigeration capable of
maintaining the meat in a hard, frozen state. Poultry shall be packaged in
form ready to offer or sell. Separating, cutting or otherwise removing
poultry from intact packaging is prohibited.
c.Poultry shall be produced, stored and labeled in compliance with U.S.
Department of Agriculture rules and regulations. Proof of license or
exemption shall be provided to the Regulatory Authority at time of
application.
5)Seafood, prohibition. Sale of seafood is prohibited at a Farmer’s Market
6)Sampling: Allowed onlywhere expressly approved by the Regulatory Authority.
Where allowed, sampling shall comply with all of the following:
a.Non-PHF/TCS foods shall be offered to the consumer in individual
servings or bites and shall not be made available for self service.
Portioning foods on site is prohibited. Portions shall be completely
enclosed until given to the consumer or shall be unpackaged by the
consumer.
b.Only single-service articles may be given to the consumer for use.
c.PHF/TCS foods shall be maintained at proper temperatures according to
TFER (41 degrees or colder; 135 degrees or hotter). Meats shall be
frozen and remain frozen until sold to the consumer
d.Where PHF/TCS foods are stored on ice, dry ice, or other items intended
for use to cool or freeze foods, a thermometer shall be present in the
container holding such foods. The thermometer must show evidence of
proper temperatures in which to maintain the food item in compliance
with TFER. If at any time, food stored in this manner is not at proper
temperatures, the Regulatory Authority shall dispose of the food,
whether voluntarily or involuntarily, if it cannot be determined if it is
safe to sell or offer for sale.
e.Time as a public health control may not be used as the sole means for
holding PHF/TCS foods safely
f.Ice shall be readily drained and water or melting ice shall not come into
contact with stored food.
g.Foods cut or constituted on site such as soups, dips, relish, condiments
and sauces shall be maintained at or below 41 degrees Fahrenheit and
process must comply with the Equipment and Utensils section of these
rules.
h.Digital thermometer accurate to +/-2 degrees Fahrenheit shall be on site
for use by the vendor. One thermometer shall be provided for each piece
of equipment used to hold proper PHF/TCS temperatures.
7)Animals, prohibition.
Page 19 of 33
a.Animals may not be offered for sale, or given away at a Farmer’s
Market.
b.Other than service animals that are conspicuously and properly
identified, animals accompanying their owner, where allowed, shall be in
a carrier oron a leash and under direct physical control of the owner.
Animals may not be allowed within 10 feet of a food booth.
c)Equipment and Utensils
1)Functionality of equipment.
a.Except for a municipally owned Farmer’s Market, equipment used to
keep foods under this ordinance frozen or refrigerated shall comply with
TFER and be able to maintain required temperatures for the duration of
operations. Municipally owned Farmer’s Markets shall have mechanical
temperature controlled equipment capable of maintaining proper food
temperatures as required in TFER. Mechanical food equipment shall
obtain approval from the Regulatory Authority for use.
b.Tables used within the vending area shall be made of non-porous
material and be easily cleanable.
c.Utensils used, only when approved for sampling, shall be made of non-
wood material and disposable unless compliance for cleaning and
sanitizing under Section 229.165 of TFER, or as amended, is provided
and approved by the Regulatory Authority for use onsite.
2)Equipment numbers and capacities.
a.At least one (1) hand wash sink or facility complying with the
Temporary Food Establishment requirements in TFER (Section 229.170)
shall be located within the immediate selling area of each food vendor
approved to sample foods and available to each vendor where required
by the Regulatory Authority.
b.Manual ware-washing sink requirements. At least one (1) sink with at
least three (3) compartments shall be provided for manually washing,
rinsing, and sanitizing equipment and utensils for vendors thatare
approved to sample.
c.Alternative manual ware-washing equipment may be used only by
vendors when approved by the regulatory authority. Such written
approval shall be evident and conspicuous on the permit placard issued
to the vendor.
d)Water, Plumbing, and Waste
1)Where a hand sink is required, this hand sink shall be a portable hand sink
capable of producing hot water, having a portable tanked water source and
having a waste tank at least 2/3 size greater than potable source water tank. Hot
generation anddistribution systems shall be sufficient to meet the peak hot water
demands throughout the operation. If approved by the regulatory authority, other
means of hand washing may be used.
2)Where manual ware-washing is required using a hard –plumbed system, a
licensed Plumbing inspector shall inspect the work prior to use. Backflow
devices may be required.
Page 20 of 33
3)Trash receptacles shall be available and shall be non-porous. Efforts shall be
made to dispose of trash offsite in a timely manner so as not to encourage pests.
e)Physical Facilities
1)Floor construction. Floors and floor coverings of all vending areas shall meet the
requirements found in the TFER or be approved by the health officer.
2)Vending area shall be covered and protected to minimize presence of pests.
f)Plan Review
1)Farmer’s Marketvendor application shall be submitted by each food vendor.
2)The plans and specifications shall indicate the following (whether existing or
not):
a.Proposed layout drawn from a “bird’s-eye view” showing equipment
arrangement and schedule including type and model and grease/waste
storage receptacle location,
b.Manufacturer’s specifications sheets of all equipment
c.List of all food items offered or vended, listing separately foods proposed
to be sampled.
d.Proof of food origin, copy of manufacturer’s license, copy of storage
license or description of approved source where food items will be
obtained from; and copy of approved food labels.
g)Administrative Process
1)All work must be inspected by the regulatory authority for compliance with these
rules. After compliance with these rules is deemed to be met, a Food Vendor
Permit may be approved.
2)Failure to follow the approved plans and specifications will result in a permit
denial, suspension or revocation.
3)A notice, as required by this ordinance, is properly served when it is delivered to
the holder of the permit or the person in charge, or when it is sent by registered or
certified mail, return receipt requested, to the last known address of the holder of
the permit. A copy of the notice shall beon file in the records of the regulatory
authority.
4)The hearings provided by the HaBSCo shall be conducted by them at a time and
place designated by HaBSCo. Based on the recorded evidence of such hearing,
the regulatory authority shall make final findings, and shall sustain, modify or
rescind any notice or order considered in the hearing. A written report of the
hearing decision shall be furnished to the holder of the permit by the regulatory
authority.
5)Condemnation of adulterated products or on site destruction. Food found to be
adulterated shall be condemned and, if no appeal be taken from such
determination of condemnation, such articles shall be destroyed for human food
purposes under the supervision of an inspector.
6)All appeals from final suspensionor revocation of a Food Vendor Permit shall be
made in writing to the building official or his designee. The appeal shall be filed
in writing within ten (10) days of the occurrence of the suspension or revocation.
The Consumer Health director (or his designee) shall attempt to hear the appeal
within thirty (30) days after the notice of the appeal. The Consumer Health
director shall have the power to reverse a decision of the regulatory authority
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where he finds that such a reversal will not affect the health and/or welfare of the
public. All decisions of the Consumer Health Director or his designee shall be
subject to review by the City Council at one of its regularly scheduled meetings.
The decision of the Consumer Health Director or his designee will be final unless
reversed by the City Council.
Section 229.171(b)(2) is amended by adding the following:
171.1 Plans
a)The owner shall submit plans and specifications for construction of work areas intended
for use in the operation of a food establishment, and the location, size, and type of fixed
equipment and interior finishes of such areas to the City of Denton for approval, before
work is begun, when a food service establishment is constructed, or:
1)The nature of the operation changes;
2)The establishment is extensively remodeled;
3)When an existing structure is converted for use as a food service establishment;
or
4)When the menu is changed to include more, or different menu items.
b)In a food service establishment, the food preparation area shall be of adequate size and
shall constitute a minimum of twenty-five (25) percent of the total square footage of the
occupied permitted area or the minimum size deemed necessary by the Consumer Health
Division.
c)In a food service establishment, dry storage areas shall be of adequate size and shall
constitute a minimum of fifteen (15) percent of the total square footage of the food
preparation area. At the discretion of the Consumer Health Division, additional dry
storage may be required.
d)A menu must be submitted with all plans. If changes are made to the menu at a later
time, the changes must be submitted for approval by the Consumer Health Division.
e)All plans submitted shall include information on the following specifications:
:
1)Aisles and working spacesShall be unobstructed and of sufficient width to permit
employees to readily perform their duties without contaminating food or food contact
surfaces by clothing or personal contact.Minimum width of aisles shall be thirty-six
(36) inches.
2)Auxiliary equipment: Water heaters,washing machines, dryers, remote connected
refrigerators, compressors, and air conditioners must be located outside of food
preparation areas.
3)Equipment and utensils: All equipment is to be NSF (National Safety Foundation)
approved or commercial grade.
4)Floors:In food preparation areas, storage areas, utensil washing areas, restrooms,
and dressing rooms, floors shall be constructed of smooth, durable, easily cleanable,
non-absorbent materials of commercial grade. Flooring must be light colored,
without texture or patterns that create difficult places to clean. In addition to the
kitchen areas of day care centers, floors in food service areas of classrooms shall
meet these requirements.
The health officer shall establish approved floor surfaces in foodpreparation areas
based upon the degree of preparation expected. Food establishments involved in
heavy food preparation shall incorporate quarry tile, cement-based terrazzo tile or an
equivalent floor covering as approved by the health officer. Food establishments
involved in light food preparation shall incorporate a commercial grade sheet vinyl or
Page 22 of 33
equivalent floor covering as approved by the health officer. Establishments involved
in no food preparation shall incorporate sealed concrete, vinyl asbestos tile or an
equivalent floor covering as approved by the health officer. An approved sealer
(such as rubber cove base) shall be required at the floor/wall interface. If using
ceramic tile squares in the food preparation area, the minimum size of tiles shall be
12” x 12” (twelve by twelve inches).
5)Ice machines:Are to be of adequate size and located in areas that meet the wall,
floor and ceiling design standards for food preparation areas. Do not locate an ice
machine near sources of potential contamination, such as exposed sewer lines, open
stairwells, etc.
6)Refrigerators/freezers:Each mechanical refrigeration unit storing potentially
hazardous foods must be of commercial type (even in day care center rooms) and
each unit must have a numerically scaled indicating thermometer. All such units
must hold foods at 41º degrees Fahrenheit or colder. Freezers must hold frozen foods
at a temperature of zero (0) º degrees Fahrenheit or colder. Walk-in coolers must be
commercially built and have interiors of impervious, non-absorbent materials.
Shelves must be resistant to rust. Mechanical refrigeration is required on salad bars,
etc. for holding cold foods cold; holding foods in ice will not be acceptable.
The processing and packaging of meat and poultry shallbe conducted in a
refrigerated room:
a)Where the temperature is kept at 50º degrees F or less; or
b)Which, along with processing equipment, undergoes a mid-shift cleanup after
4 (four) hours of operation.
7)Sinks:
a)Shall be the number required by law. Stainless steel hand sinks shall be
located within every twenty-five (25) linear feet of unobstructed space in
food preparation and utensil washing areas so it is convenient for employees
to wash hands as often as necessary. Hand-wash sinks shall be freestanding
or wall hung. If a sink is too close to other equipment or sinks, a splashguard
may be required. Sinks are to be of adequate size to allow for the thorough
washing of hands and forearms. Liquid soap and paper towels are required at
the hand sink and lotion hand sanitizer is required if gloves are not used.
Lavatories, soap dispensers, hand-drying devices and all related fixtures shall
be permanently mounted and kept clean and in good repair.
b)A three (3) compartment sink that has basins large enough to allow
immersion of the largest utensil and two (2) self draining drain-boards shall
be required for manually washing, rinsing and sanitizing equipment and
utensils.
c)A stainless steel, four (4) compartment sink with two (2) self-draining drain-
boards shall be installed in all bar areas. This requirement may be modified
if glassware is sanitized in a commercial dishwasher.
i.Knee pedals, electronic eye and metered faucets are not allowed
in kitchen hand sinks but are allowable in public restrooms.
ii.Blower dryers shall not be allowed as a means of drying hands in
food preparation or dish wash areas. Common towels are also
prohibited. Steam-mixing valves are prohibited.
Page 23 of 33
iii.All dishwashing equipment shall be located in one area to
prevent any cross contamination fromsoiled to clean dish
storage or food preparation.
8)Storage rooms:Wood shelving is allowed for dry storage use only if finished with
varnish or high gloss type paint to make sure it is smooth, non-absorbent, and easy to
clean. Rooms are to have finished walls (minimum finish includes: taped and bedded
sheetrock painted with high gloss paint) and commercial flooring with rubber cove
base at floor/wall juncture. Dry storage rooms may contain refrigerators or freezers
not requiring drains to the sewer for condensate removal.
9)Wait areas: If remote from food preparation or service areas, and used only for non-
potentially hazardous beverage preparation, wait areas shall comply with the
following requirements:
a)Flooring shall be VCT or equivalent as approved by the Consumer Health
Division
b)Counters shall be laminate surface, solid surface, or equivalent
c)Shelving below countertops shall be sealed, smooth, and easily cleanable
10)Toilet facilities:Public access shall not be through the kitchen.
11)Walls & ceilings:
a)In food preparation, storage, utensil washing areas, and restrooms; walls,
ceilings, and other architectural features shall be smooth (not textured),
easily cleanable, non-absorbent, light in color, and durable. Fibrous
acoustical drop-in ceiling panels are prohibited in these areas. Wall areas
behind sinks or places that receive heavy use must be finished with FRP
(fiberglass reinforced panels), ceramic tile, epoxy type paint or similar
materials to withstand moisture. Bathroom walls shall be finished (asthose
listed above) behind plumbing fixtures to a height of at least four (4) feet up
from the floor. Heavy food preparation areas behind stoves, grills, and fryers
shall be of stainless steel from floor to ceiling.
b)Surface mounted pipes shall not be installed tightly against the surface of the
walls. There shall be a gap of at least two (2) inches between the pipe and
the finished surface of the wall.
c)All holes cut into walls and ceilings for pipes and conduits shall be sealed,
and the clearance betweenthe floor surface and the bottom edge of a door
shall be tight fitting.
12)Water heater:Must be of adequate size to provide enough hot water for all hand
washing, ware washing, and cleaning. Minimum size: fifty (50) gallons. Commercial
tank-less water heaters may be used.
13)At the discretion of the City of Denton, additional sinks such as pot sinks, produce
washing sinks, etc. may be required.
14)Kitchens in day care centers shall comply with all rules of this code except that the
size of the kitchen may be determined on a case-by-case basis as approved by the
City of Denton.
15)When a foodservice establishment is extensively remodeled it must be closed during
any demolition especially if water or power service is interrupted. If remodeling
pertains to only a portion of the establishment, the food preparation areas shall be
protected by a solid wall that prevents any construction debris or other contaminates
from entering the kitchen or food service areas.
Page 24 of 33
Section 229.171(f) is amended by adding the following:
171.2 Permit required.
a)It shall be unlawful for any person, association of persons, firm or corporation to operate
a food service establishment in the city without having obtained a permit under the terms
of this section.
b)Any person desiring to operate a foodservice establishment shall make written
application for a permit at the office of the consumer health division. The application
shall include the applicant's full name, street and post office address, and whether such
applicant is an individual, firm, orcorporation, and, if a partnership, the names of the
partners, together with their addresses shall be included; the location and type of the
proposed establishment; and the signature of the applicant or applicants. If the application
is for a temporary orseasonal food service establishment, it shall also include the
inclusive dates of the proposed operation.
171.3 Application fee.
a)The applicant shall submit the applicable nonrefundable fee as set forth by city council by
ordinance, and the schedule of fees shall be available for public inspection at the offices
of the city secretary or the health officer. Notwithstanding any other provision of this
chapter the payment of any fees set under this section is not applicable to the City of
Denton or any political subdivision or agency of the State of Texas and the United States
of America.
b)Application fees for seasonal food service establishments shall be the same as those for
any other similar full time food service establishment.
c)An applicant shall not, under any circumstances, be entitled to a refund of application
fees after an application has been filed.
d)Fee Exemptions
1)Food vendors operated by a public entity, such as D.I.S.D., university, community
college, or the City, may be exempt from paying the Food Vendor fee, if approved by
the regulatory authority.
2)A food vendor that is not permanently permitted by the regulatory authority, but that
is a recognized charitable or philanthropic organization, or that has attained 501(c)
(3) status from the Internal Revenue Service, may be exempt from paying the
temporary food establishment fee for a permit for a temporary event, if approved by
the regulatory authority.
3)Fee exemptions granted do not exempt any food establishment from the requirement
of applying for, obtaining, and displaying a food vendor permit or from complying
with the provisions of this section or any other applicable law.
Permits are not transferable from one person to another or from one location to another
location. A valid permit must be posted inor on every food establishment regulated by
this ordinance, in a location conspicuous to the consumer.
171.4 Permit issuance.
a)Upon receipt of an application and payment of the applicable fee, the health officer shall
make an inspection of the premises where the business is to be conducted. If the premises
comply with the terms of this article and with all current requirements of the zoning
ordinance, other ordinances and state law, a permit shall be issued to the applicant upon
payment of the permit fee. The applicable fees shall be set by city council by ordinance
and the fee schedule shall be available for public inspection at the offices of the city
secretary or the health officer. The applicant shall submit the applicable nonrefundable
fee as set forth by city council before a permit will be issued.
Page 25 of 33
b)Notwithstanding any other provision of this chapter, the payment of any fees set under
this section is not applicable to the City of Denton or any political subdivision or agency
of the State of Texas and theUnited States of America.
1)In the event a food permit application is rejected, the administrator shall notify the
applicant of the rejection in writing. The notice shall specify the reasons why the
permit is denied. The decision of the administrator is final unless the applicant shall
file an appeal as provided in Section 13-34. The decision of the administrator shall
continue in effect until the final decision of the committee.
2)Permits shall not be transferable. A person who acquires an existing food service
establishment shall not operate the establishment without obtaining a new permit
within ten (10) days from the date of the change of ownership.
3)Upon change of ownership of a business, the new owner shall be required to meet
current food establishment standards as defined in this code and state food rules
before a permit may be issued by the Consumer Health Division.
4)If the establishment changes the name of the business only, they have 10 days from
the date of the name change to notify the Consumer HealthDivision in writing.
5)Each food service establishment shall display all valid health permits in public view
in the establishment.
a)A permit shall be valid for a period of twelve (12) months with the expiration
date being the last day of the month the permitwas issued; temporary, and
seasonal permits shall expire in accordance with their terms, unless suspended or
revoked by the health officer.
b)Acceptance of a permit issued by the administrator constitutes agreement by the
establishment to:
1)Comply with all conditions of the permit and all applicable provisions of this
chapter;
2)Allow the lawful inspection of its facility and operations.
3)Inspections of newly constructed establishments prior to opening shall be
done:
i.when equipment is set in place;
ii.at least 2 weeks prior to opening; and
iii.At least 2 days prior to opening.
171.5 If inspections are called for before the establishment is ready for them, the owner may
be charged an administrative fee.
171.6 Expiration and renewal of permits.
a)A permit lapses and is void unless the applicable permit fee is received by the City of
Denton before the expiration date of the existing permit.
b)A permit lapses and is void if the food service establishment operating under the permit
constructs a new facility or changes ownership.
c)Permit renewal fees that are not received by the expiration date, will be assessed an
additional administrative fee.
171.7 Revocation of permit.
The consumer health administrator may, afterproviding opportunity for a hearing, revoke a
permit if the administrator determines that the manager or owner of a food service
establishment has:
Page 26 of 33
a)Interfered with the health officer in the performance of his duties; or
b)Been convicted twice within a twelve-month period for a violation of this chapter; or
c)Failed to comply with a hold order or a condemnation order; or
d)Failed to comply, within the time specified, with an order to correct or abate an imminent
and serious threat to the public health or safety; or
e)Intentionally or knowingly impeded a lawful inspection by the health officer; or
f)Been closed two (2) or more times within a twelve-month period for conditions that
constituted a serious and imminent threat to public health.
171.8 Prior to revocation, the health officer shall notify the holder of the permit, or the person
in charge of the food service establishment, in writing, of the reason for which the permit is
being revoked and that the permit shall be revoked at the end of five (5) days following
service of such notice unless a written request for a hearing is filed with the city by the holder
of the permit within such five-day period. If no request for hearing is filed within the five (5)
calendar day period, a final notice of revocation shall be served. Upon receipt of the final
notice of revocation, the food service establishment shall immediately cease operation and the
permit shall be considered finally revoked.
171.8 Application after revocation.
Whenever a revocation of a permit has become final, the holder of the revoked permit may make
written application for a new permit.
171.9 Service of notices.
A notice provided for in this article is properly served when it is delivered to the holder of the
permit, or the person in charge of the food service establishment, or when it is sent by registered
or certified mail, return receipt requested, to the last known address of the holder of the permit. A
copy of the notice shall be filed in the records of the city secretary.
171.10 Appeal from denial or revocation of a permit.
If the health officer denies the issuance of a permit or a permit is finally revoked, the officer shall
send the applicant or permit holder by certified mail, return receipt requested, written notice of
the denial or revocation and of the right to an appeal. The applicant or permit holder may appeal
the decision of the health officer to the Health and Building Standards Commission –(HaBSCo)
by giving written notice to the administrator within ten (10) days of the receipt of the denial or
revocation notice.
171.11 Hearing.
A hearing of the appeal shall be conducted by the Health and Building Standards Commission.
The hearing shall be held at a time and place designated by the Health and Building Standards
Commission. The Health and Building Standards Commission shall hear and consider evidence
offered by any interested person. Based upon the recorded evidence of such hearing, the Health
and Building Standards Commission shall sustain, modify or rescind any notice, or order,
considered in the hearing by a majority vote and provide a written report of the hearing decision
to the holder of the permit.
The decision of the Health and Building Standards Commission is final as to administrative
remedies, and no rehearing may be granted. Once the decision of the Health and Building
Standards Commission is final under this section, the applicant or permit holder may appeal the
decision to the state district court or court of appropriate jurisdiction.
171.12 Registration of food service establishments based outside city.
Page 27 of 33
A food service establishment or commissary operating from a facility located outside the city that
sells, distributes or transports food inside the city may not conduct operations inside the city
unless the food service establishment:
a)Furnishes the health officer with a certificate from a health authority having jurisdiction
over the establishment indicating that the establishment complies with applicable health
laws; or
b)Furnishes the health officer other information that the administrator determines is
necessary to enforce the provisions of this chapter or otherwise protect the public health
or safety.
Section 229.171(g)(6) is amended by adding the following:
171.13 Authority to inspect.
a)The health officer may inspect any and all things offered for sale, given in exchange or
given away for use as food or drink for human consumption, and he/she shall have the
authority to enter any food service establishment in the city, as authorized by law for the
purpose of such inspection.
b)The Consumer Health Division will conduct risk-based inspections and where the risk of
food-borne illness is low, the Consumer Health Division, at its discretion, may lower the
number of required inspections performed to a minimum of one each year. However, if
the Consumer Health Division feels that a food service establishmentposes a higher risk
of food-borne illness, the Consumer Health Division shall conduct inspections as often as
necessary to ensure enforcement of these rules.
171.14 Power to examine food service establishment records.
a)The health officer shall have the authority to examine the records of a food service
establishment in order to ensure compliance with all provisions of this ordinance or of
state law.
b)The health officer shall have the authority to require written documentation of cool down
methods used and reheating times in order to verify compliance with food temperature
items on the foodservice establishment inspection form.
Section 229.171(i)(2) is amended by adding the following:
171.15 The city health officer, after proper identification, shall be permitted to enter any food
service establishment at any reasonable time for the purpose of making inspections to determine
compliance with these rules. The officer shall be permitted to examine the records of the
establishment to obtain information pertaining to food and supplies purchased, received, or used,
or to persons employed.
171.16 The following types of establishments are exempt from inspection requirements:
a)Group homes;
b)Establishments selling only commercially packaged, non-potentially hazardous foods;
c)Vending machines that sells only commercially packaged, Non-PHF; and
d)Facilities operated by nonprofit organizations for their members, families and invited
guests.
171.17 Facilities are not exempt when food service is provided in conjunction with a child care
facility, retirement center, hospital, school, indigent feeding program, or public fundraising
events.
Section 229.171(j) is amended by adding the following:
171.18 Report of inspections.
Page 28 of 33
Whenever an inspection of a foodserviceestablishment is done, the health officer shall record the
findings on the inspection report form. The inspection report form shall summarize the
requirements of these rules and shall set forth a weighted point value for each requirement.
Inspection remarks shall be written to reference, by section number, the section violated and shall
state the correction to be made. The rating score of the establishment shall be the total of the
weighted point values for all violations, subtracted from one hundred (100). The health officer
shall furnish a copy of the inspection report form to the person in charge of the establishment at
the conclusion of the inspection.
Section 229.171(j)(6) is amended by adding the following:
171.19 Re-inspection.
a)Any food service establishment inspected by the City of Denton Consumer Health
Division which receives a score of seventy-five (75) or below on any inspection shall be
re-inspected.
b)This re-inspection shall be performed in the same manner, using the same form, as the
previous inspection.
c)If, upon subsequent re-inspection of the establishment, the health officer finds that
sufficient measures were not taken to bring the score above a total of seventy-five (75),
he will issue a citation and schedule a date for another re-inspection. The health officer
shall continue to perform re-inspections until the establishment has made sufficient
progress to warrant a score above seventy-five (75). The issuance of a citation for failure
to meet the required score upon re-inspection shall not in any way limit the ability of the
inspector to issue any other citation for any violation of this chapter.
d)Re-inspection for failure to meet the required score shall be performed within fourteen
(14) calendar days immediately following the original inspection, or as soon as possible
thereafter, except that where an establishment is closed due to a score below sixty (60),
pursuant to section 13-44, the original inspector shall determine the time of the re-
inspection.
e)Any food service establishment owner or manager that receives ascore which he feels is
unacceptable, may request a re-inspection. A re-inspection fee shall be required and shall
be paid before the re-inspection will be performed. The health inspector shall perform
the requested re-inspection within two weeks of there-inspection fee payment. Only one
re-inspection may be requested within any six (6) month period.
171.20 Fee for re-inspection.
a)The fee for re-inspection shall be one-half the annual permit fee of the establishment
receiving the re-inspection.
b)A re-inspection fee will be charged for each re-inspection necessary to bring the food
establishment's score above seventy-five (75).
c)Payment of the re-inspection fee shall not void, or in any way affect the responsibility of
the owner or permit holder for payment of any fines for any other violations of this
chapter.
d)The person, partnership, or corporation listed as "owner" on the original application shall
be responsible for payment of any and all fees, including re-inspection fees.
e)Payment of the re-inspection fee shall be made within 5 business days after the re-
Deleted:
before a
inspection isperformed.
Deleted:
will be
171.21 Violations.
Page 29 of 33
a)The BuildingOfficial of the City of Denton, or any of his designated employees, shall
have the responsibility and power to enforce all provisions of this chapter within the
corporate limits of the City of Denton, Texas.
b)Whenever the health officer determines that there has been a violation of any provision of
this chapter, which in his/her judgment can jeopardize the public health, or for violation
of any items, which have been noted as problems on two (2) or more consecutive
inspection reports, the health officer may issue a written citation for said person to appear
in court.
c)It shall be unlawful for any person to knowingly give the health officer a false name
when such officer requests the name of said person for purposes of enforcing the
provisions of this chapter.
Section 229.171(k) is amended by adding the following:
171.22 Authority to close.
a)The health officer shall close without warning any building or place described in this
chapter and prevent its use for the storage, manufacture, or sale of food or drink for
human consumption whenever:
1)The health officer, upon inspection of an establishment, finds sufficient violations
which cause the rating score of said establishment to be below a total of sixty (60)
points;
2)The health officer finds that an establishment is operating with no working
refrigeration units;
3)The health officer finds that an establishment is operating without running water or
hot water for a period of more than one (1) hour;
4)The health officer finds an establishment is operating without a functioning ware-
washing machine or adequate sinks for manual ware-washing; and
5)The health officer finds any food service establishment with an unreasonable
infestation of rodents or insects.
b)It shall be the duty of the health officer to post a notice of closure for such conditions at
the entrance of such building or place and to maintain the same until such conditions or
practices have been removed or abated.
c)No person shall remove or alter in any way a sign, which has been posted by the health
officer.
Section 229.171(n) is amended by adding the following:
171.23 Examination and condemnation of food.
The health officer shall tag, label, or otherwise identify any food subject to the hold order. No
food subject to a hold order shall be used, served, or moved from the establishment. The health
officer shall permit storage of the food under conditions specified in the hold order, unless storage
is not possible without risk to the public health, in which case immediate destruction shall be
ordered and accomplished.
171.24 Appeal from hold order.
The hold order shall state that a requestfor hearing to appeal the hold order may be filed within
five (5) days and that if no hearing is requested, the food shall be destroyed. If requested, a
hearing shall be held on the basis of evidence produced at that hearing by the Health and Building
Standards Commission. The Health and Building Standards Commission may vacate the hold
Page 30 of 33
order or direct the owner or person in charge of the food to denature or destroy such food or to
bring it into compliance with the provisions of this chapter.
SECTION 2.The Health Permit Fee Schedule set forth in Exhibit “A” attached hereto and made a part
hereof for all purposes, is hereby adopted and authorized to be imposed for the purposes of application
for, and issuance of, permits required for compliance with the provisions of Chapter 13 “Food and Food
Service Establishments”.
SECTION 3.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 herewith, this ordinance shall be and is hereby made cumulative except as to such prior
ordinances or portions thereof as are expressly repealed hereby.
SECTION 4.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 5.If any provision of this ordinance or application thereof to any person or circumstance is
held invalid by any court, such holdingshall not affect the validity of the remaining 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 validity.
SECTION 6.Save and except as amended hereby, all the sections, subsections, and clauses of Chapter
13 Food and Service Establishments of the Code of Ordinances of the City of Denton, Texas shall remain
in full force and effect.
SECTION 7.This ordinance shall become effective, after its passage and approval on,
_____________, 2013, and the City Secretary is hereby directed to cause the caption of this ordinance to
Deleted:
2
be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton,
Texas within ten (10) daysof the date of its passage.
PASSED AND APPROVED this the ______ day of ___________, 2013
Deleted:
2
_________________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ________________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: ________________________________
Page 31 of 33
EXHIBIT A: Health Permit Fee Schedule:
Deleted:
¶
¶
See new fees hi-lighted in yellow
¶
¶
Type of Health Fee’sFeeAmount
¶
¶
1. Two year food handler card . . . $25.00
¶
¶
2. Manager Certification Registering Fee with the City…$10.00
¶
¶
3.Swimming Pool Operator Certification. . . $50.00
¶
¶
4. Replacement Cards…$ 5.00
¶
5.Beer and wine permit-New application processing fee . . . $25.00
6.Wine and beerretailer's permit on premises . . . ½ of TABC charge
7.Wine and beer retailer's off premises . . .½ of TABC charge
8.Retail dealer's on premise license beer only . . . ½ of TABC charge
9.Retail dealer's on premise late hours license .. . ½ of TABC charge
10.Mixed Beverage permit –application fee. . .$25.00
11.Mixed Beverage permit fee ½ of TABC charge
12.Mixed Beverage Late hours½ of TABC charge
13.Annual swimming pool permit. . . $160.00
14. Re-inspection Fee for pools …$ 80.00
15.Small Restaurant <= 2,000 sq ft…$310.00
16. Large Restaurant >= 2,001 sq ft…$485.00
17. Small Grocery Store <= 12,000 sq ft…$325.00
18.Large Grocery Store >= 12,001 sq ft…$450.00
19.Convenience Store, no Deli$250.00
20.Convenience Store with Deli$300.00
21. Bars$275.00
22. Concession Stands, Seasonal Permits$175.00
23. Mobile Food Unit –Class 1(pre-packaged foods)$175.00
24. Mobile Food Unit –Class 2(foods prepared on vehicle)$310.00
25. Mobile Food Unit –Class 3$175.00
26. Mobile Food Unit –Class 4$ 75.00
27. Daycare Facility…$150.00 plus $1.00/each child licensed
28. Nursing Home…$275.00
29. School Cafeteria…$150.00
30.Temporary Permit . . .$35.00
31.*Farmer’s/CommunityMarket Annual Permit…$240.00
32.*Farmer’s/Community Market Monthly Permit…$40.00
33.**Application fee for all new permits $250.00
34.***Administrative Fee…$ 35.00
Page 32 of 33
Fees are non-refundable.
*Sales of whole or uncut produceshall be exempt from permits and fees
**Application fee shall not apply to Temporary Food Service Establishments
*** Administrative feesmay be charged for the following, but not limited to: late payment of any annual
health permit fees; late application and payment of fees for temporary events; failure to have a mobile
unit inspected when due; change of name of business only; re-inspections of new or remodeled
establishments when contractor calls for inspection but is not ready when the inspectors begin the
inspection.
Page 33 of 33
ConsentAgendaA
AGENDA INFORMATION SHEET
AGENDA DATE:
July 9, 2013
DEPARTMENT:
ACM:
Jon Fortune
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to
execute a First Amendment to a Professional Services Agreement with Bracewell & Giuliani
LLP for services in connection with the negotiation of potential development and lease
agreements among the University of North Texas (UNT), the developer, and the City of Denton
pertaining to the inclusion of a City-owned convention/conference center and related parking
facilities in the not to exceed amount of $200,000; and establishing an effective date.
BACKGROUND
This agreement will authorize Bracewell & Giuliani LLP to provide legal services in connection
with the negotiation of a potential hotel and convention center development including creation of
a master development agreement and related lease documents. The potential development
includes the construction of a full-service hotel paid for and owned by a private developer and
the construction of a convention center paid for and owned by the City of Denton. Both facilities
would be located on property owned by the University of North Texas.
The City entered into the original Professional Services Agreement with Bracewell & Giuliani
LLP last year in the amount of $95,000. The completion of the development agreement and
spending authority which is why staff is requesting the Council to approve this amendment.
Authorization is requested up to $200,000 though, at this time, staff does not believe this amount
will be necessary. Funds are budgeted for this increase in the current
Tax allocation.
RECOMMENDATION
Approve a Professional Services Agreement with Bracewell & Giuliani LLP in the not to exceed
amount of $200,000.
ESTIMATED SCHEDULE OF PROJECT
The Agreement will be in effect until the completion of the project.
Agenda Information Sheet
July 9, 2013
Page 2
PRIOR ACTION/REVIEW
On July 25, 2012 the City Manager approved a Professional Services Agreement in the amount
of $95,000.
FISCAL IMPACT
Charges will be paid from Account #160099.7808.
EXHIBITS
Engagement Letter from Bracewell & Giuliani LLP
Respectfully Submitted:
______________________________
Jon Fortune
Assistant City Manager
ConsentAgendaB
AGENDA INFORMATION SHEET
AGENDA DATE:
July 9, 2013
DEPARTMENT:
Finance
ACM:
Bryan Langley
SUBJECT
Consider approval of a Resolution nominating a member to the Board of Managers of the
Denco Area 9-1-1 District; and declaring an effective date.
BACKGROUND
The Denco Area 9-1-1 District, created in 1987, is governed by a board of managers.
The board is appointed by the county, participating cities and the Denton County Fire
Chief's Association. Board members serve staggered two-year terms and are eligible for
reappointment. The Emergency Telephone Number Act states:
"the board shall manage, control and administer the district. The board
may adopt rules for the operation of the district."
On May 9, 2013, Denco Area 9-1-1 sent a memo (attached) requesting nominations to
serve on the Board of Managers, which was provided to Council May 17, 2013, as an
Informal Staff Report.
Last year, the City nominated Harlan Jefferson, to serve another term on the Board. This
year, the term of, Olive Stephens, expires on September 30, 2013. Ms. Stephens has
expressed her desire not to serve another term.
The current Board of Managers is comprised of the following individuals:
Board MemberAppointed By Term Expires
Jack Miller, Chair Denton County Commissioners Court 9/30/2014
Olive Stephens, Vice Chair Denton County Participating City 9/30/2013
Chief Terry McGrath, Secretary Denton County Fire Chiefs Association 9/30/2013
Harlan Jefferson Denton County Participating City 9/30/2014
Bill Lawrence Denton County Commissioners Court 9/30/2014
Rob McGee Largest Telephone Service Provider Rep. Non-voting
Agenda Information Sheet
July 9, 2013
Page 2
RECOMMENDATION
Mayor Burroughs recommends nomination of Ms. Sue Tejml, current Mayor of Copper
Canyon to the board of Managers of the Denco Area 911 District. A resume of Ms Tejml
is attached to this report. Since this is the only nomination that has been forwarded to
staff, this item has been placed on the consent agenda for consideration. If a City Council
member would like to provide an additional nomination, this item can be removed from
the consent agenda and considered separately.
ESTIMATED SCHEDULE OF PROJECT
Nominations are due to Denco on or before July 15, 2013. On July 16, 2013, the District
will send copies of nominations to each city for consideration, requesting the city to vote
for one of the nominees. The Denco Board of Managers will count the votes from the
responding cities. The candidate with the most votes will be the municipalities'
representative to the Denco Area 9-1-1 District Board of Managers for the two-year term
beginning October 1, 2013.
FISCAL INFORMATION
This resolution has no fiscal impact.
EXHIBITS
1. Memorandum on Denco Board Appointment
2. Resume of Ms. Sue Tejml
3. Resolution
Respectfully submitted:
Chuck Springer
Director of Finance
ConsentAgendaC
AGENDA INFORMATION SHEET
AGENDA DATE:
July 9, 2013
DEPARTMENT:
Parks & Recreation
ACM:
John Cabrales
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas, granting, pursuant to Section 17-
20 of the Code of Ordinances of the City of Denton, Texas, an exception to the limitations imposed
by that section with respect to the sound levels and hours of operations for an outdoor music
festival; and providing an effective date.
BACKGROUND
Glenn Carlton, Executive Director of the North Texas State Fair Association, is requesting an
exception to the Noise Ordinance for the North Texas State Fair and Rodeo, to be held at 2217
North Carroll Boulevard. The event begins on the third Friday of August and ends on the fourth
Sunday of August. The requestor is specifically asking for an exception not to exceed 70 decibels
for Monday through Thursday until 12:00 midnight, Friday and Saturday until 1:00 a.m., and until
11:00 p.m. on Sunday. The requestor also asks that the exception be granted for a three-year period
(2013-2015) as has been done in the past.
This event has been a major community activity for 82 years and has been a cornerstone to the
quality of life. The Fair is part of the heritage of this area and its commitment to youth, agriculture,
and the community remains their purpose.
RECOMMENDATION
Staff recommends approving the three-year request for the noise exception.
PRIOR ACTION/REVIEW (Council, Boards or Commissions)
Previously, City Council has approved noise exception requests for this event for the three-year
periods of 2004-2006, 2007-2009 and 2010-2012.
1
Agenda Information Sheet
July 9, 2013
Page 2
EXHIBITS
:
1.Letter of Request
2.Proposed Ordinance
Respectfully Submitted:
Emerson Vorel, Director
Parks and Recreation Department
Prepared by:
Janie McLeod
Community Events Coordinator
2
EXHIBIT1
ConsentAgendaD
AGENDA INFORMATION SHEET
AGENDA DATE:
July 9, 2013Questions concerning this
acquisition may be directed
DEPARTMENT:
Materials Management to Keith Gabbard 349-7144
ACM:
Bryan Langley
SUBJECT
Consider adoption of an ordinance accepting competitive bids by way of an Interlocal
Cooperative Purchasing Program Participation Agreement with the City of Garland under
Section 271.102 of the Local Government Code for the purchase of Polyurethane Concrete
Lifting Material; providing for the expenditure of funds therefor; and providing an effective date
(File 5248-Interlocal Agreement for Polyurethane Concrete Lifting Material with the City of
Garland, contract awarded to Hydraulic Mudpumps, Inc. for first year not-to-exceed amount of
$135,000 and a three-year not-to-exceed amount of $235,000).
FILE INFORMATION
On March 19, 2013, the City Council for the City of Garland awarded an annual contract for
Polyurethane Foam to Hydraulic Mudpumps, Inc. (HMI). The initial contract term became
effective on April 1, 2013. Exhibit 1 includes the award documentation for the contract which
will remain effective through April 1, 2014, with two (2) optional one-year renewals. Approval
of this item would allow the City of Denton to accept the City of contract, and award a
contract to HMI for Polyurethane Foam. The prices received are competitive and the services
listed in the bid match our existing needs.
Polyurethane concrete raising and mud jacking are two methods used to raise and support sunken
concrete or unstable concrete slabs by drilling holes and pumping material under the slab. The
Street Department has outsourced the concrete lifting services over the past five (5) years but by
bringing the service in house, anticipates a significant savings. Cost savings will also be realized
on future concrete repair projects. The first year notto-exceed amount of $135,000 is for one
large priority project but the two additional years in the amount of $50,000 per year will be for
smaller scale projects and repairs.
Council approved Ordinance 2002-128 authorizing the City of Denton to execute an Interlocal
Agreement with the City of Garland to participate in various City of Garland contracts for the
purchase of goods and services on May 14, 2002. Section 271.102 of the Texas General Code
provides that Local Governments may agree to purchase goods and services through Interlocal
Agreements.
Agenda Information Sheet
July 9, 2013
Page 2
RECOMMENDATION
Award a contract to HMI in a not-to-exceed amount of $235,000 based upon the prices listed on
Exhibit 2 of the price proposal between City of Denton and HMI.
PRINCIPAL PLACE OF BUSINESS
HMI
Manitowoc, Wisconsin
ESTIMATED SCHEDULE OF PROJECT
This contract will be used for various projects as needed by the Streets Department and will
remain in effect through March 31, 2014, with the option to renew for two (2) additional one (1)
year periods.
FISCAL INFORMATION
The purchase of the materials will be funded from operating account 285801.6516 in an initial
amount of $135,000 for Fiscal Year 2012-2013. Requisition #113338 has been entered in the
Purchasing software system.
EXHIBITS
Exhibit 1: City of Garland Contract Award Documentation
Exhibit 2: HIMI Quote
Respectfully submitted:
Chuck Springer, 349-8260
Director of Finance
1-AIS-File 5248
Exhibit 1
Exhibit 2
ORDINANCE NO. __________
AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN INTERLOCAL
COOPERATIVE PURCHASING PROGRAM PARTICIPATION AGREEMENT WITH THE
CITY OF GARLAND UNDER SECTION 271.102 OF THE LOCAL GOVERNMENT CODE
FOR THE PURCHASE OF POLYURETHANE CONCRETE LIFTING MATERIAL;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE (FILE 5248-INTERLOCAL AGREEMENT FOR POLYURETHANE
CONCRETE LIFTING MATERIAL WITH THE CITY OF GARLAND, CONTRACT
AWARDED TO HYDRAULIC MUDPUMPS, INC. FOR FIRST YEAR NOT-TO-EXCEED
AMOUNT OF $135,000 AND A THREE-YEAR NOT-TO-EXCEED AMOUNT OF $235,000).
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee is hereby authorized to purchase
polyurethane concrete lifting material in the not-to-exceed amount of $235,000 from Hydraulic
Mudpumps, Inc. under competitive bids received by the City of Garland in accordance with an
Interlocal Cooperative Purchasing Program Participation Agreement under Section 271.102 of
the Local Government Code which is on file in the office of the Purchasing Agent.
SECTION 2. The City Council of the City of Denton, Texas hereby expressly delegates
the authority to take any actions that may be required or permitted to be performed by the City of
Denton under File 5248 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 3. The City Manager, or his designee, is authorized to expend funds pursuant
to the agreement for the purchase of various goods and services.
SECTION 4. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the _______ day of _______________________, 2013.
______________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: _________________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: _________________________________
4-ORD-File 5248
ConsentAgendaE
AGENDA INFORMATION SHEET
AGENDA DATE:
July 9, 2013Questions concerning this
acquisition may be directed
DEPARTMENT:
Materials Management to Terry Kader at 349-8729
ACM:
Bryan Langley
SUBJECT
Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his
designee to execute a contract through the Buy Board Cooperative Purchasing Network for the
acquisition of four (4) Refuse Truck Cabs from McNeilus Truck and Manufacturing Company,
seven (7) Peterbilt chassis, and one (1) Knuckleboom from Rush Truck Center, Crane for the
City of Denton Solid Waste department; and providing an effective date (File 5114-awarded to
McNeilus Truck and Manufacturing Company in the amount of $513,536 and Rush Truck
Center, Crane in the amount of $1,315,173). The Public Utilities Board recommends approval
(6-0).
FILE INFORMATION
The list of equipment to be purchased reflects the replacement of seven refuse trucks and one
refuse truck addition (Rear Load) to the Solid Waste Fleet. All of the refuse truck chassis will be
purchased through the Buy Board Cooperative Purchasing Program from Rush Truck Center,
Crane. The attached Exhibit 1 provides an itemized list of the refuse trucks and bodies,
scheduled to be replaced or added as part of the 2012-2013 Vehicle Replacement Plan and Fiscal
Year 2012-2013 budget.
Each of the trucks listed on Exhibit 1 will be powered by compressed natural gas (CNG) engines
rather than traditional low emission diesel engines. The proposed eight (8) CNG vehicles are the
. This
change will reduce operating costs associated with fuel and assist in sustainability efforts by
improving air quality through the use of clean fuel. The CNG vehicles have an average cost of
$40,000 more per vehicle. Fuel savings over the estimated eight year vehicle life-cycle will
provide long-term cost -set the
increased capital costs.
The proposed CNG trucks will require contracts with three separate vendors for completion.
Rush Truck Center, Crane will provide all of the truck chassis and one (1) knuckle-boom truck
(chassis and body), McNeilus Truck and Manufacturing Company will provide two (2) rear load
and two (2) front load bodies, and DaDee Manufacturing will provide three (3) auto side load
bodies for trucks through a separate interlocal cooperative purchasing contract with the Houston-
Galveston Council of Governments. This purchase is listed as a separate item for approval on the
July 9, 2013, Council agenda.
Agenda Information Sheet
July 9, 2013
Page 2
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
1. On November 5, 2012, City Council received a presentation and discussed the proposal
regarding the City of Denton expanding the use of alternative fuels with the purchase of
Compressed Natural Gas Refuse Trucks and implementation of a Compressed Natural Gas
(CNG) Fueling Facility.
2. On June 11, 2013, City Council received a presentation on a proposal to expand the use of
alternative fuels with the purchase of CNG refuse trucks and the implementation of a CNG
fueling facility. City Council gave staff direction to proceed with the purchase of CNG fueled
refuse trucks and a skid mounted fuel system.
3. On June 24, the Public Utilities Board recommended approval to forward this item to the City
Council for consideration.
RECOMMENDATION
Approve the purchase of four (4) refuse truck bodies from McNeilus Truck and Manufacturing
Company through Buy Board Contract # 357-10 in the amount of $513,536 and the purchase of
seven (7) Peterbilt chassis and one (1) Knuckleboom truck from Rush Truck Center, Crane
through Buy Board Contract #358-10 in the amount of $1,315,173.
PRINCIPAL PLACE OF BUSINESS
McNeilus Truck and Manufacturing Company Rush Truck Center, Crane
Hutchins, TX San Antonio, TX
ESTIMATED SCHEDULE OF PROJECT
Delivery of the completed trucks is estimated to be within 270 days of issuance of a purchase
order.
FISCAL INFORMATION
The trucks will be funded from bond funds. The individual account numbers and requisition
numbers are listed on Exhibit 1.
EXHIBITS
Exhibit 1: Vehicle List and Pricing
Exhibit 2: Vehicle Quotes
Exhibit 3: Public Utilities Board Draft Minutes
Agenda Information Sheet
July 9, 2013
Page 3
Respectfully submitted:
Chuck Springer, 349-8260
Director of Finance
1-AIS-File 5114
Exhibit 2
Exhibit 3
DRAFT MINUTES
1
PUBLIC UTILITIES BOARD
2
3 June 24, 2013
4
5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is
6 present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on
7 Monday, June 24, 2013 at 9:04 a.m. in the Service Center Training Room, City of Denton
8 Service Center, 901A Texas Street, Denton, Texas.
9
10 Present: Vice Chair Billy Cheek, Secretary Randy Robinson, Leonard Herring, Phil
11 Gallivan, Barbara Russell and Lilia Bynum
12
13 Absent: Chairman Dick Smith
14
15 Ex Officio Members: Howard Martin, ACM Utilities; George Campbell, CM
16
OPEN MEETING:
17
18
CONSENT:
19
20
21 3)Consider the recommendation of an ordinance for adoption by the City of Denton City
22 Council authorizing the City Manager or his designee to execute contracts through the Buy
23 Board Cooperative Purchasing Network and Houston Galveston Area Council of
24 Governments for the acquisition of eight trucks for the City of Denton Solid Waste
25 Department; and providing an effective date (File 5114-Trucks for Solid Waste Departments
26 awarded to Rush Truck Center in the amount of $1,315,173 McNeilus Truck Manufacturing
27 in the amount of $513,536 and DaDee Manufacturing, LLC in the amount of $447,353.46 for
28 a total award amount of $2,276,062.46).
29
Board Member Robinson motioned to approve item 3 with a second from Board Member
30
Gallivan. The vote was 6-0 approved.
31
32
33 Adjournment 10:33 a.m.
ORDINANCE NO. ___________
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO EXECUTE A CONTRACT THROUGH THE BUY BOARD
COOPERATIVE PURCHASING NETWORK FOR THE ACQUISITION OF FOUR (4)
REFUSE TRUCK CABS FROM MCNEILUS TRUCK AND MANUFACTURING
COMPANY, SEVEN (7) PETERBILT CHASSIS, AND ONE (1) KNUCKLEBOOM FROM
RUSH TRUCK CENTER, CRANE FOR THE CITY OF DENTON SOLID WASTE
DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE (FILE 5114-AWARDED TO
MCNEILUS TRUCK AND MANUFACTURING COMPANY IN THE AMOUNT OF
$513,536 AND RUSH TRUCK CENTER, CRANE IN THE AMOUNT OF $1,315,173 ).
WHEREAS, pursuant to Ordinance 2005-034, the Buy Board Cooperative Purchasing
Network has solicited, received, and tabulated competitive bids for the purchase of necessary
materials, equipment, supplies, or services in accordance with the procedures of state law on
behalf of the City of Denton; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described materials, equipment, supplies, or services can be purchased by the City
through the Buy Board Cooperative Purchasing Network programs at less cost than the City
would expend if bidding these items individually; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of
funds to be used for the purchase of the materials, equipment, supplies, or services approved and
accepted herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. eferenced herein and on file in
office of the Purchasing Agent, are hereby accepted and approved as being the lowest
responsible bids for such items:
FILE
NUMBER VENDOR AMOUNT
5114 McNeilus Truck and Manufacturing. $513,536
5114 Rush Truck Center, Crane $1,315,173
SECTION 2. By the acceptance and approval of the items set forth in the referenced file
number, the City accepts the offer of the persons submitting the bids to the Buy Board
Cooperative Purchasing Network for such items and agrees to purchase the materials, equipment,
supplies, or services in accordance with the terms, conditions, specifications, standards,
quantities and for the specified sums contained in the bid documents and related documents filed
with the Buy Board Cooperative Purchasing Network and the purchase orders issued by the
City.
SECTION 3. Should the City and persons submitting approved and accepted items set
forth in the referenced file number wish to enter into a formal written agreement as a result of the
Manager or his designated representative is hereby authorized to execute the written contract
which shall be attached hereto; provided that the written contract is in accordance with the terms,
conditions, specifications and standards contained in the Proposal submitted to the Buy Board
Cooperative Purchasing Network, and related documents herein approved and accepted.
SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates
the authority to take any actions that may be required or permitted to be performed by the City of
Denton under File 5114 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 5. By the acceptance and approval of the items set forth in the referenced file
number, the City Council hereby authorizes the expenditure of funds therefor in the amount and
in accordance with the approval purchase orders or pursuant to a written contract made pursuant
thereto as authorized herein.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this ________ day of ______________, 2013.
______________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ________________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
________________
BY: _________________
5-ORD-File 5114
ConsentAgendaF
AGENDA INFORMATION SHEET
AGENDA DATE:
July 9, 2013Questions concerning this
acquisition may be directed
DEPARTMENT:
Materials Management to Terry Kader at 349-8729
ACM:
Bryan Langley
SUBJECT
Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his
designee to execute a contract with the Houston-Galveston Area Council of Governments (H-
GAC) for the acquisition of three (3) auto-side load refuse truck bodies for the City of Denton
Solid Waste department; and providing an effective date (File 5300-Purchase of Three Auto-Side
Load Refuse Truck Bodies awarded to DaDee Manufacturing, LLC in the amount of
$447,353.46). The Public Utilities Board recommends approval (6-0).
FILE INFORMATION
The item is for the purchase of three (3) auto-side load refuse truck bodies for the Solid Waste
Department through the Houston-Galveston Area Council of Governments Cooperative
Purchasing Program. The three auto-side load refuse truck bodies (Exhibit 1) will be mounted
and attached to the three (3) Peterbilt chassis that are on the July 9, 2013 Council agenda as a
Buy Board Cooperative Purchasing Network purchase. The auto-side load refuse truck bodies
are fleet replacements that were approved in the Fiscal Year 2012-13 Vehicle Replacement Plan
and 2012-13 Fiscal Year Budget.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
1. On November 5, 2012, City Council received a presentation and discussed the proposal
regarding the City of Denton expanding the use of alternative fuels with the purchase of
Compressed Natural Gas Refuse Trucks and implementation of a Compressed Natural Gas
(CNG) Fueling Facility.
2. On June 11, 2013, City Council received a presentation on a proposal to expand the use of
alternative fuels with the purchase of CNG refuse trucks and the implementation of a CNG
fueling facility. City Council gave staff direction to proceed with the purchase of CNG fueled
refuse trucks and a skid mounted fuel system.
3. On June 24, the Public Utilities Board recommended approval to forward this item to the City
Council for consideration.
Agenda Information Sheet
July 9, 2013
Page 2
RECOMMENDATION
Approve the purchase of three (3) auto-side load refuse truck bodies from DaDee Manufacturing,
LLC through Houston-Galveston Area Council of Governments Contract RH08-12 in the
amount of $447,353.46.
PRINCIPAL PLACE OF BUSINESS
DaDee Manufacturing, LLC
Phoenix, AZ
ESTIMATED SCHEDULE OF PROJECT
Delivery of the completed trucks will occur 180 days after receipt of the truck chassis.
FISCAL INFORMATION
The auto-side load refuse truck bodies will be funded from accounts 660599594.1355.30100,
660660594.1355.30100 and 660601594.1355.30100. Requisition #113582 has been entered in
the Purchasing software system.
EXHIBITS
Exhibit 1: List of Refuse Truck Bodies
Exhibit 2: H-GAC Price Quote
Exhibit 3: Public Utilities Board Draft Minutes
Respectfully submitted:
Chuck Springer, 349-8260
Director of Finance
1-AIS-File 5300
Exhibit 2
AUTOSIDELOADBODY
AUTOSIDELOADBODY
SW1383B,SW1384B
SW1385B
AUTOSIDEBODY
SW1383B,SW1384B,
SW1385B
Exhibit 3
DRAFT MINUTES
1
PUBLIC UTILITIES BOARD
2
3 June 24, 2013
4
5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is
6 present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on
7 Monday, June 24, 2013 at 9:04 a.m. in the Service Center Training Room, City of Denton
8 Service Center, 901A Texas Street, Denton, Texas.
9
10 Present: Vice Chair Billy Cheek, Secretary Randy Robinson, Leonard Herring, Phil
11 Gallivan, Barbara Russell and Lilia Bynum
12
13 Absent: Chairman Dick Smith
14
15 Ex Officio Members: Howard Martin, ACM Utilities; George Campbell, CM
16
OPEN MEETING:
17
18
CONSENT:
19
20
21 3)Consider the recommendation of an ordinance for adoption by the City of Denton City
22 Council authorizing the City Manager or his designee to execute contracts through the Buy
23 Board Cooperative Purchasing Network and Houston Galveston Area Council of
24 Governments for the acquisition of eight trucks for the City of Denton Solid Waste
25 Department; and providing an effective date (File 5114-Trucks for Solid Waste Departments
26 awarded to Rush Truck Center in the amount of $1,315,173 McNeilus Truck Manufacturing
27 in the amount of $513,536 and DaDee Manufacturing, LLC in the amount of $447,353.46 for
28 a total award amount of $2,276,062.46).
29
Board Member Robinson motioned to approve item 3 with a second from Board Member
30
Gallivan. The vote was 6-0 approved.
31
32
33 Adjournment 10:33 a.m.
ORDINANCE NO. ___________
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO EXECUTE A CONTRACT WITH THE HOUSTON-GALVESTON
AREA COUNCIL OF GOVERNMENTS (H-GAC) FOR THE ACQUISITION OF THREE (3)
AUTO-SIDE LOAD REFUSE TRUCK BODIES FOR THE CITY OF DENTON SOLID
WASTE DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE (FILE 5300-
PURCHASE OF THREE AUTO-SIDE LOAD REFUSE TRUCK BODIES AWARDED TO
DADEE MANUFACTURING, LLC IN THE AMOUNT OF $447,353.46).
WHEREAS, pursuant to Ordinance 95-107, the Houston-Galveston Area Council of
Government (H-GAC) has solicited, received, and tabulated competitive bids for the purchase of
necessary materials, equipment, supplies, or services in accordance with the procedures of state
law on behalf of the City of Denton; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described materials, equipment, supplies, or services can be purchased by the City
through the Houston-Galveston Area Council of Government (H-GAC) programs at less cost
than the City would expend if bidding these items individually; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of
funds to be used for the purchase of the materials, equipment, supplies, or services approved and
accepted herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The numbered items in the following numbered file for materials,
equipment, supplies, or services, are hereby approved.
FILE
NUMBER VENDOR AMOUNT
5300 H-GAC/Dadee Manufacturing, LLC $447,353.46
SECTION 2. By the acceptance and approval of the above numbered items set forth in
the referenced file, the City accepts the offer of the persons submitting the bids to the H-GAC for
such items and agrees to purchase the materials, equipment, supplies, or services in accordance
with the terms, conditions, specifications, standards, quantities and for the specified sums
contained in the bid documents and related documents filed with the H-GAC, and the purchase
orders issued by the City.
SECTION 3. Should the City and persons submitting approved and accepted items set
forth in the attached purchase orders wish to enter into a formal written agreement as a result of
ification of bids awarded by H-GAC, the City Manager or his designated
representative is hereby authorized to execute the written contract; provided that the written
contract is in accordance with the terms, conditions, specifications and standards contained in the
Proposal submitted to H-
orders, and related documents herein approved and accepted.
SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates
the authority to take any actions that may be required or permitted to be performed by the City of
Denton under File 5300 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 5. By the acceptance and approval of the above enumerated items, the City
Council hereby authorizes the expenditure of funds therefor in the amount and in accordance
with the approved bids.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this ________ day of ______________, 2013.
______________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ________________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
________________
BY: _________________
5-ORD-File 5300
ConsentAgendaG
AGENDA INFORMATION SHEET
AGENDA DATE:
July 9, 2013Questions concerning this
acquisition may be directed
DEPARTMENT:
Materials Management to Vance Kemler at 349-8024
ACM:
Bryan Langley
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas authorizing the approval of a
First Amendment to a Professional Services Agreement for Engineering Services, by and
between CP&Y, Inc. and the City of Denton, Texas, providing for the expenditure of funds
therefor; and providing an effective date (File 5045-Providing for an additional expenditure
amount not-to-exceed $97,200 with the total contract amount not-to-exceed $232,200 for
professional engineering and design services for the Solid Waste Department). The Public
Utilities Board recommends approval (6-0).
FILE INFORMATION
A Professional Services Agreement (PSA) with CP&Y, Inc. (CP&Y) was approved by City
Council on September 11, 2012, for general engineering services for the Solid Waste Department
in the amount of $135,000. The services are related to the design, development and evaluation of
various capital projects, and also for providing assistance and support with registration,
permitting, and any other interaction with the Texas Commission on Environmental Quality
(TCEQ) .
CP&Y has submitted a second proposal to provide additional professional services related to the
six tasks listed below:
1)Landfill Perimeter Screening Wall
2)Landfill Cell 4/5 Improvements Bid Phase
3)Grease and Grit Treatment Permitting
4)Landfill Gas and Injection Wells
5)Mayhill Road Building Partition Walls
6)Municipal Solid Waste (MSW) Facility Services
Additional professional service details are provided in the First Amendment to the Agreement
which is attached to the ordinance for this item. In accordance with provisions of Texas Local
Government Code 252.022, the procurement of professional services is exempt from the
requirements of competition. City staff is recommending CP&Y based upon the following
detailed qualifications based criteria. CP&Y staff is familiar with the TCEQ landfill construction
specifications
the TCEQ requirements.
Agenda Information Sheet
July 9, 2013
Page 2
FILE INFORMATION (CONTINUED)
CP&Y, Inc. has also exhibited professional solid waste facility design and construction
management expertise, and is able to provide the Solid Waste Department with the professional
services required capital projects. Therefore, staff recommends the approval of
professional services for the additional six tasks as shown in the First Amendment.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On June 10, 2013, the Public Utilities Board recommended approval to forward this item to the
City Council for consideration.
RECOMMENDATION
Approve a First Amendment to the Professional Services Agreement with CP&Y, Inc. in the not-
to-exceed amount of $97,200 for a total contract amount not-to-exceed $232,200.
PRINCIPAL PLACE OF BUSINESS
CP&Y, Inc.
Dallas, TX
ESTIMATED SCHEDULE OF PROJECT
The services to be performed under the First Amendment are estimated to be completed by
September 30, 2013.
FISCAL INFORMATION
The services will be funded from Capital Improvements Program account
660613594.1355.30100. The $97,200 will be added to the existing Purchase Order 159652.
EXHIBITS
Exhibit 1: Public Utilities Board Draft Minutes
Respectfully submitted:
Chuck Springer, 349-8260
Director of Finance
1-AIS-RFP 4783
Exhibit 1
DRAFT MINUTES
1
PUBLIC UTILITIES BOARD
2
3 June 10, 2013
4
5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is
6 present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on
7 Monday, June 10, 2013 at 9:00 a.m. in the Service Center Training Room, City of Denton
8 Service Center, 901A Texas Street, Denton, Texas.
9
10 Present: Chairman Dick Smith, Vice Chair Billy Cheek, Secretary Randy
11 Robinson, Leonard Herring, Barbara Russell and Lilia Bynum
12
13 Absent: Phil Gallivan
14
15 Ex Officio Members: Howard Martin, ACM Utilities; George Campbell, CM
16
OPEN MEETING:
17
18
CONSENT:
19
20
21 4)Consider recommending approval of a First Amended Professional Services Agreement
22 (PSA) for Professional Engineering and Administrative Services between the City of Denton
23 and Chiang, Patel, and Yerby, Inc. (CP&Y) to provide construction management of various
24 Solid Waste & Recycling Department capital projects associated with the Solid Waste
25 Facility and Landfill operations, and for general solid waste engineering and consulting
26 services associated with the Municipal Solid Waste (MSW) facility permit, design, and
27
28 Texas, MSW Permit# 1590A, for an additional amount not to exceed $97,200, for an
29 amended PSA total of $232,200.
30
Board Member Cheek motioned to approve item 4 with a second from Board Member
31
Russell. The vote was 6-0 approved.
32
33
34 Adjournment 11:07 a.m.
ORDINANCE NO. 2013-________
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE
APPROVAL OF A FIRST AMENDMENT TO A PROFESSIONAL SERVICES
AGREEMENT FOR ENGINEERING SERVICES, BY AND BETWEEN CP&Y, INC. AND
THE CITY OF DENTON, TEXAS, PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 5045-PROVIDING FOR
AN ADDITIONAL EXPENDITURE AMOUNT NOT-TO-EXCEED $97,200 WITH THE
TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $232,200 FOR PROFESSIONAL
ENGINEERING AND DESIGN SERVICES FOR THE SOLID WASTE DEPARTMENT).
WHEREAS, the City Council deems that it is in the public interest to continue to
engage the engineering firm of CP&Y, Inc. CP&Y, of Dallas, Texas to provide
professional engineering and design consulting services for the City of Denton, Texas that are
related to the Denton Solid Waste Division; and
WHEREAS, the Public Utility Board of Denton considered this item at its June 10,
2013 meeting and recommended approval by a vote of 6-0; and
WHEREAS, City staff has reported to the City Council that there is a substantial need
for the further above-referenced professional engineering services, and that limited City staff
cannot adequately perform the specialized services and tasks with its own personnel; and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the
provider of professional services on the basis of competitive bids, but must select the provider
on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and
reasonable price; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The preamble to this ordinance is incorporated herewith by reference as
a part of this ordinance.
SECTION 2. The City Manager is hereby authorized by the City Council to execute
First Amendment to First
AmendmentCP&Y, Inc., Dallas, Texas, for further professional engineering and
design services related to professional services necessary for the Solid Waste Division, for an
additional fee of not-to-exceed $97,200 (with the previous Agreement, totaling a fee not-to-
exceed $232,200)First Amendment that is attached hereto,
which is incorporated herewith by reference.
SECTION 3. The award of this Agreement by the City is on the basis of the
demonstrated competence, knowledge, and qualifications of CP&Y and the demonstrated
ability of CP&Y to perform the services needed by the City for a fair and reasonable price.
1
SECTION 4. The expenditure of funds as provided in the attached Agreement is
hereby authorized.
SECTION 5. This ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the ______ day of __________________, 2013.
________________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: __________________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
________________
BY: _________________
2
ConsentAgendaH
AGENDA INFORMATION SHEET
AGENDA DATE:
July 9, 2013Questions concerning this
acquisition may be directed
DEPARTMENT:
Materials Management to Emerson Vorel at 349-7460
ACM:
Bryan Langley
SUBJECT
Consider adoption of an ordinance authorizing the City Manager to execute a Professional
Services Agreement (PSA) with Dunaway Associates, L.P. for design services for the new
multiple-use field improvements at North Lakes Park, and providing for an effective date (File
5273Design of Multiple-Use Fields at North Lakes Park awarded to Dunaway Associates, L.P.
in the amount of $145,170).
FILE INFORMATION
This contract is for design and engineering services for Phase I of the proposed G. Roland Vela
Athletic Complex to be located in the northeast corner of North Lakes Park. Phase I will consist
of four (4) athletic fields sized to allow soccer, rugby, football or lacrosse. The fields will be
lighted, irrigated and fenced. All grading, storm water drainage, utilities, and parking are
included in this contract.
In accordance with provisions of Texas Local Government Code 252.022, the procurement of
professional services is exempt from the requirements of competition. City staff is
recommending Dunaway Associates, L.P. based upon the following detailed qualifications based
criteria. Mr. Philip Neeley is the Public Studio Leader for Dunaway Associates, L.P. and has
prior exper. Mr. Neeley prepared the last two
citywide Parks and Recreation Master Plans, the Master Plan for Quakertown Park, and the first
concept plan for the addition of the adult athletic fields at North Lakes Park. Therefore, Mr.
Neeley already has the basic knowledge needed to provide the design services for this project.
Staff has worked with Mr. Neeley preliminarily on this project to incorporate public input
regarding the preservation of specific areas of North Lakes Park. He has been very flexible and
he has provided creative ideas to make this project work while leaving the areas of the park
intact that the citizens want to preserve.
RECOMMENDATION
Approve a Professional Services Agreement with Dunaway Associates, L.P. in the amount of
$145,170 for design services for multi-use field improvements at North Lakes Park.
Agenda Information Sheet
July 9, 2013
Page 2
PRINCIPAL PLACE OF BUSINESS
Dunaway Associates, L.P.
Denton, TX 76201
ESTIMATED SCHEDULE OF PROJECT
The services to be provided are estimated to be completed by January 2014.
FISCAL INFORMATION
This project will be funded from General Obligation Bonds approved in the 2005 Capital
Improvements Program and Parks Gas Well Revenue using account #400073457.1360.40100.
Requisition #113182 has been entered in the Purchasing software system.
Respectfully submitted:
Chuck Springer, 349-8260
Director of Finance
1-AIS-File 5273
ORDINANCE NO. _________________
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT (PSA) WITH DUNAWAY ASSOCIATES, L.P. FOR DESIGN
SERVICES FOR THE NEW MULTIPLE-USE FIELD IMPROVEMENTS AT NORTH LAKES
PARK, AND PROVIDING FOR AN EFFECTIVE DATE (FILE 5273DESIGN OF MULTIPLE-
USE FIELDS AT NORTH LAKES PARK AWARDED TO DUNAWAY ASSOCIATES, L.P. IN
THE AMOUNT OF $145,170).
WHEREAS, tnce
is being selected as the most highly qualified on the basis of its demonstrated competence and
qualifications to perform the proposed professional services; and
WHEREAS, the fees under the proposed contract are fair and reasonable and are consistent
with and not higher than the recommended practices and fees published by the professional
provided by law; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager is hereby authorized to enter into a professional service
contract with Dunaway Associates, L.P., to provide design services for the multiple-use field
improvements at North Lakes Parks, a copy of which is attached hereto and incorporated by
reference herein.
SECTION 2. The City Manager is authorized to expend funds as required by the attached
contract.
SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of Denton
under File 5273 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 4. The findings in the preamble of this ordinance are incorporated herein by
reference.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2013.
______________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:_________________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
________________
BY: _________________
3-ORD-File 5273
ConsentAgendaI
AGENDA INFORMATION SHEET
AGENDA DATE:
July 9, 2013Questions concerning this
acquisition may be directed
DEPARTMENT:
Materials Management to Ross Chadwick at 349-8830
ACM:
Bryan Langley
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and
approving a three (3) year contract for Bunker Gear for the City of Denton Fire Department,
which is available from only one source and in accordance with Chapter 252.022 of the Texas
Local Government Code such purchases are exempt from the requirements of competitive
bidding; and providing an effective date (File 5178 awarded to Casco Industries, Inc. for a three
(3) year not-to-exceed amount of $300,000).
FILE INFORMATION
The Fire Department is responsible for providing Personal Protective Equipment (PPE) to all
Operations personnel who enter hazardous environments which includes fires, hazardous
materials incidents, and motor vehicle collisions. PPE, commonly
-is designed to protect the upper and lower body, excluding the head, hands and
feet, against adverse environmental effects. All materials and construction must meet or exceed
National Fire Protection Association (NFPA) Standard 1971 and Occupational Safety and Health
Administration (OSHA) standards for structural fire fighting protective clothing.
Fire fighters are custom fitted and assigned a set of PPE. The gear is replaced every five years as
required by NFPA 1971. The Department currently has a strict scheduled replacement program
that varies from an average of 20 sets of gear being replaced each year to a bulk replacement of
60 sets in a year. An inventory of extra gear has been assembled to replace individual pieces as
needed. If a needed piece is not in inventory, a replacement can be ordered. This practice saves
time and money by not having to replace an entire set. Individual pieces of PPE from one brand
are not interchangeable with another brand due to exclusive fit and assembly of gear.
Globe brand PPE has been exclusively used by the Denton Fire Department for the past eight
years. Other brands of PPE are routinely wear-tested as new models of gear become available,
but Globe has continued to rank the highest in performance and warranty service. Changing PPE
brands would require the conversion of all gear at one time and the establishment of a new
inventory of stock to maintain consistency of equipment for all personnel. It would also disrupt
the replacement program and compromise maintenance and warranty records.
Agenda Information Sheet
July 9, 2013
Page 2
FILE INFORMATION (CONTINUED)
Additionally, the Fire Department recently entered into an agreement for PPE cleaning services
with Gear Cleaning Solutions. This vendor is the only authorized cleaning service for
Globe. The cooperation between vendors benefits the department by streamlining the process of
gear replacement and ensuring optimal performance of the gear; therefore providing cost savings
to the City.
The Fire Department could not identify any vendors within the city limits that supply Globe
GXTREME gear. Casco Industries, Inc. is the sole provider of the equipment in our marketplace
(Exhibit 1). Section 252.022 of the Texas Local Government Code provides that procurement of
commodities and services that are exempt from competitive bidding, if over $50,000, shall be
awarded by the governing body.
RECOMMENDATION
Staff recommends awarding the purchase of Globe Personal Protection Equipment to Casco
Industries, Inc. in the unit price amounts shown on Exhibit 2 for a three (3) year not-to-exceed
amount of $300,000.
PRINCIPAL PLACE OF BUSINESS
Casco Industries, Inc.
Shreveport, LA
ESTIMATED SCHEDULE OF PROJECT
The contract term will be one (1) year from date of award and shall automatically renew for up to
two (2) additional one (1) year periods, unless either party notifies the other prior to the
scheduled renewal date.
FISCAL INFORMATION
An estimated $300,000 will be spent on PPE over the next three (3) fiscal years. This includes
two (2) consecutive years of bulk purchases of gear that are due for replacement under the Fire
Departm five (5) year replacement program. The purchase of this equipment will be funded
from operating account 320100.6314.
EXHIBITS
Exhibit 1: Sole Source Letter from Casco Industries, Inc.
Exhibit 2: Pricing Sheet
Agenda Information Sheet
July 9, 2013
Page 3
Respectfully submitted:
Chuck Springer, 349-8260
Director of Finance
1-AIS-File 5178
Exhibit 1
January 3, 2013
607 W. 62 nd ST. (318) 865-5107 EXHIBIT 2P.O. BOX 8007
Exhibit 1
SHREVEPORT,LOUISANA 71148 8007
Sold To:Denton Fire DepartmentShip To:Denton Fire Department
332 E. Hickory332 E. Hickory
Denton, TX 76201Denton, TX 76201
ATTN.Cynthia AlonzoATTN:Cynthia Alonzo
PHONE#
SALEMAN 183TERMSCUSTOMER PO NUMBERFREIGHTORDER DATE:
16730Denton Contract2/25/2013
Allow
ITEMLOCDESCRIPTIONQTYSHIPPEDPRICE
AGlobe G-Xtreme coat with changes discussed1$ 1,031.12
Per Denton Spec
BGlobe G-Xcell pant as discussed1$ 846.22
Per Denton Spec
VendorP.O.NumberSubtotal
Tax
Freight
TOTAL
ORDINANCE NO. ____________
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR,
AUTHORIZING, AND APPROVING A THREE (3) YEAR CONTRACT FOR
BUNKER GEAR FOR THE CITY OF DENTON FIRE DEPARTMENT, WHICH IS
AVAILABLE FROM ONLY ONE SOURCE AND IN ACCORDANCE WITH
CHAPTER 252.022 OF THE TEXAS LOCAL GOVERNMENT CODE SUCH
PURCHASES ARE EXEMPT FROM THE REQUIREMENTS OF COMPETITIVE
BIDDING; AND PROVIDING AN EFFECTIVE DATE (FILE 5178 AWARDED TO
CASCO INDUSTRIES, INC. FOR A THREE (3) YEAR NOT-TO-EXCEED AMOUNT
OF $300,000).
WHEREAS, Section 252.022 of the Local Government Code provides that
procurement of items that are only available from one source, including; items that are
only available from one source because of patents, copyrights, secret processes or natural
monopolies; films, manuscripts or books; electricity, gas, water and other utility
purchases; captive replacement parts or components for equipment; and library materials
for a public library that are available only from the persons holding exclusive distribution
rights to the materials; and need not be submitted to competitive bids; and
WHEREAS, the City Council wishes to procure one or more of the items
mentioned in the above paragraph; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following purchase of materials, equipment or supplies, as
and the license terms attached are hereby approved:
FILE
NUMBER VENDOR AMOUNT
5178 Casco Industries, Inc. $300,000
SECTION 2. The City Council hereby finds that this bid, and the award thereof,
constitutes a procurement of items that are available from only one source, including,
items that are only available from one source because of patents, copyrights, secret
processes or natural monopolies; films, manuscripts or books; electricity, gas, water and
other utility purchases; captive replacement parts or components for equipment; and
library materials for a public library that are available only from the persons holding
exclusive distribution rights to the materials; and need not be submitted to competitive
bids.
SECTION 3. The acceptance and approval of the above items shall not
constitute a contract between the City and the person submitting the quotation for such
items until such person shall comply with all requirements specified by the Purchasing
Department.
SECTION 4. The City Manager is hereby authorized to execute any contracts
relating to the items specified in Section 1 and the expenditure of funds pursuant to said
contracts is hereby authorized.
SECTION 5. The City Council of the City of Denton, Texas hereby expressly
delegates the authority to take any actions that may be required or permitted to be
performed by the City of Denton under File 5178 to the City Manager of the City of
Denton, Texas, or his designee.
SECTION 6. This ordinance shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this the _________ day of ____________, 2013.
______________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ______________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
________________
BY: _________________
4-ORD-File 5178
ConsentAgendaJ
AGENDA INFORMATION SHEET
AGENDA DATE:
July 9, 2013 Questions concerning this
acquisition may be directed
DEPARTMENT:
Materials Management to Jim Coulter at 349-7194
ACM:
Bryan Langley
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and
approving the expenditure of funds for the purchase of a dry-pit submersible pump from DXP
Enterprises, Inc., which are available from only one source and in accordance with the pertinent
provisions of Chapter 252.022 of the Texas Local Government Code, such purchases are exempt
from the requirements of competitive bidding; and providing an effective date (File 5296-
Purchase of Submersible Pump for Pecan Creek Water Reclamation Plant in the amount of
$67,925). The Public Utilities Board recommends approval (6-0).
FILE INFORMATION
This item is for the purchase of one ABBA Model FMA1431/360CDry Pit Submersible
non-clog pump for the Pecan Creek Water Reclamation Plant (PCWRP). The Raw Sewage
Pump Station No 2 was constructed at the Pecan Creek Water Reclamation Plant in 1982. The
pumps originally installed in 1982 are still in use and have been used well beyond their service
life. The expected life of a wastewater pump is generally 20 years, but the Plant maintenance
staff has been able to extend the service life to almost 30 years. Funds have been budgeted in the
current fiscal year to begin replacing these pumps.
The existing pumps are shaft driven so that the pump sits at a level below the level of the electric
motor coupled to the shaft. This type of pump and motor arrangement requires more
maintenance due to the long shaft and the bearings. As part of a PCWRP expansion in 2001, staff
migrated to the close coupled dry-pit submersible type pumps for the Raw Sewage Pump Station.
Now that the pumps need to be replaced at the No. 2 Pump Station, similar pumps are proposed
to be purchased.
To match the existing space in the No 2 Pump Station and also match the required hydraulic
operating conditions, only the -pit submersible non-
clog pumps satisfy the dimensional and operating requirements. Therefore, staff requested a
quote from the exclusive vendor for this pump, DXP Enterprise, Inc. (Exhibit 1). The total
amount for the purchase of the required pump is $67,925.
Since DXP Enterprises, Inc. is the exclusive representative for ABBA Pump Parts and Service
(Exhibit 2), Section 252.022 of the Local Government Code provides that procurement of
commodities and services that are exempt from competitive bidding, if over $50,000, shall be
awarded by the governing body.
Agenda Information Sheet
July 9, 2013
Page 2
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On June 24, 2013, the Public Utilities Board recommended approval to forward this item to the
City Council for consideration.
RECOMMENDATION
Approve the purchase of one dry-pit submersible pump for the Pecan Creek Water Reclamation
Plant from DXP Enterprises, Inc. in the amount of $67,925.
PRINCIPAL PLACE OF BUSINESS
DXP Enterprises, Inc.
Grand Prairie, TX
ESTIMATED SCHEDULE OF PROJECT
Delivery and installation of the pump is estimated to be 15 weeks from receipt of the order.
FISCAL INFORMATION
This purchase will be funded from Bond account 640238541.1350.40100. Requisition #113206
has been entered in the Purchasing software system.
EXHIBITS
Exhibit 1: DXP Enterprises, Inc. Quote
Exhibit 2: Sole Source Letter
Exhibit 3: Public Utilities Board Draft Minutes
Respectfully submitted:
Chuck Springer, 349-8260
Director of Finance
1-AIS-File 5296
Exhibit 1
TheIndustrialDistributionExperts
TheIndustrialDistributionExperts
City of Denton May 8, 2013
1100 S. Mayhill Rd.
Denton, Texas 76208
Attn: Rusty Willard
Ref: Pump Quote- Main Lift
We are pleased to offer the following for your consideration,
1- ABBA Model FMA1431/360CLC 14” dry-pit submersible non-clog rotating assembly to fit existing
volute. Rotating assembly to consist of 125HP, 1200RPM, 3ph, 460V close loop cooling, dry pit type
submersible motor, impeller, and volute adapter flange. Motor suitable to run continuously in air or
submerged. Price includes 30’ power cables and separate moisture detection control / alarm panel
LOT NET TOTAL WITH FREIGHT ALLOWED TO JOBSITE………………$ 67,925.00
Impeller to be 14.5” diameter and shall be a 2 vane design.
Note: Pricing includes freight to Denton.
Prepared by:
Randy Key
DXP Enterprises, Inc.
1515 Avenue s, suite 206, Grand Prairie, Tx, 75050 (972) 602-2043 fax (866) 916-1905
9IL.L
Exhibit2
Exhibit 3
DRAFT MINUTES
1
PUBLIC UTILITIES BOARD
2
3 June 24, 2013
4
5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is
6 present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on
7 Monday, June 24, 2013 at 9:04 a.m. in the Service Center Training Room, City of Denton
8 Service Center, 901A Texas Street, Denton, Texas.
9
10 Present: Vice Chair Billy Cheek, Secretary Randy Robinson, Leonard Herring, Phil
11 Gallivan, Barbara Russell and Lilia Bynum
12
13 Absent: Chairman Dick Smith
14
15 Ex Officio Members: Howard Martin, ACM Utilities; George Campbell, CM
16
OPEN MEETING:
17
18
CONSENT:
19
20
21 4)Consider recommending approval of the purchase of one dry pit submersible pump for the
22 Raw Sewage Pump Station Number 2 at the Pecan Creek Water Reclamation Plant from
23 DXP Enterprises for the amount of $67,925.
24
Board Member Herring asked why there were no bids on this item
25 . Martin answered this is
26 a single source item. It has to do with the rebuilding of a lift station. With the existing piping
27 and pump bases, a certain area has to be fitted with the pump. P.S. Arora, Division Manager,
28 stated they looked at several vendors but this vendor is the only one that could fit the dimensions
29 they needed.
30
Board Member Herring motioned to approve item 4 with a second from Board Member
31
Russell. The vote was 6-0 approved
32
33
34 Adjournment 10:33 a.m.
ORDINANCE NO. ____________
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR,
AUTHORIZING, AND APPROVING THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF A DRY-PIT SUBMERSIBLE PUMP FROM DXP ENTERPRISES, INC.,
WHICH ARE AVAILABLE FROM ONLY ONE SOURCE AND IN ACCORDANCE WITH
THE PERTINENT PROVISIONS OF CHAPTER 252.022 OF THE TEXAS LOCAL
GOVERNMENT CODE, SUCH PURCHASES ARE EXEMPT FROM THE REQUIREMENTS
OF COMPETITIVE BIDDING; AND PROVIDING AN EFFECTIVE DATE (FILE 5296-
PURCHASE OF SUBMERSIBLE PUMP FOR PECAN CREEK WATER RECLAMATION
PLANT IN THE AMOUNT OF $67,925).
WHEREAS, Section 252.022 of the Local Government Code provides that procurement
of items that are only available from one source, including; items that are only available from
one source because of patents, copyrights, secret processes or natural monopolies; films,
manuscripts or books; electricity, gas, water and other utility purchases; captive replacement
parts or components for equipment; and library materials for a public library that are available
only from the persons holding exclusive distribution rights to the materials; and need not be
submitted to competitive bids; and
WHEREAS, the City Council wishes to procure one or more of the items mentioned in
the above paragraph; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The following purchase of materials, equipment or supplies, as described
terms attached are hereby approved:
FILE
NUMBER VENDOR AMOUNT
5296 DXP Enterprises, Inc. $67,925
SECTION 2. The City Council hereby finds that this bid, and the award thereof,
constitutes a procurement of items that are available from only one source, including, items that
are only available from one source because of patents, copyrights, secret processes or natural
monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases;
captive replacement parts or components for equipment; and library materials for a public library
that are available only from the persons holding exclusive distribution rights to the materials; and
need not be submitted to competitive bids.
SECTION 3. The acceptance and approval of the above items shall not constitute a
contract between the City and the person submitting the quotation for such items until such
person shall comply with all requirements specified by the Purchasing Department.
SECTION 4. The City Manager is hereby authorized to execute any contracts relating to
the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby
authorized.
SECTION 5. The City Council of the City of Denton, Texas hereby expressly delegates
the authority to take any actions that may be required or permitted to be performed by the City of
Denton under File 5296 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the _________ day of ____________, 2013.
______________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ______________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
________________
BY: _________________
5-ORD-File 5296
ConsentAgendaK
AGENDA INFORMATION SHEET
AGENDA DATE:
July 9, 2013 Questions concerning this
acquisition may be directed
DEPARTMENT:
Materials Management to Tonya Demerson at 349-8129
ACM:
Bryan Langley
SUBJECT
Consider adoption of an ordinance awarding a contract for a thirty-six (36) month lease of
approximately fifty-five (55) black and white digital copiers for various City of Denton
departments as awarded by the State of Texas Department of Information Resources (DIR)
through the Go DIRect Program, Contract Number DIR-SDD-1622; providing for the
expenditure of funds therefor; and providing an effective date (File 5280 awarded to Canon
Solutions America, Inc. in the not-to-exceed amount of $283,572 with the exception of a $.0068
overage rate).
FILE INFORMATION
This item is for the lease of approximately fifty-five (55) black and white digital copiers for
various City departments. The previous three (3) year copier lease contract expired on
March 2013 and has been renewed on a monthly basis while staff obtained competitive pricing
for a new contract. Staff has now received three quotes from Cooperative Purchasing Program
vendors, negotiated a Best and Final Offer, and determined that the proposal received from
Canon Solutions America, Inc. (Canon) provided the best value to the City (Exhibit 1). The
attached proposal from Canon (Exhibit 2) includes the following:
55 digital units at $7,877 per month/$94,524 per year
Maintenance (180,000 black and white copies included) per month at $1,224 per month
Includes all staples, toner, supplies, maintenance, and service
o
Hard drive security at $161 per mo.
o
Overages at $.0068 price is locked for the thirty six (36) month term
o
Installation and training
The proposal from Canon Solutions America, Inc. also offers the following benefits:
Cost savings from current contract price of approximately $35,391.96 over the term of
the lease
Hard drive security on all units
Toner cartridge return program
Toner container recycling/collection program
Canon Forest Program-Through the Canon Forest Program, Canon makes a donation to
the Arbor Day Foundation to plant a tree in our nation's forests for every qualified
imageRUNNER ADVANCE model sold throughout the year. The imageRUNNER
ADVANCE Series incorporates an array of environmentally conscious features such as
bio-based plastic components and lead-free parts, which help to dramatically reduce CO2
emissions over the entire product lifecycle. Approximately 30 of the proposed units are
imageRUNNER ADVANCE Series which equates to thirty (30) new trees to be planted.
Agenda Information Sheet
July 9, 2013
Page 2
PRIOR ACTION/VIEW
The previous copier lease, Bid 4386, was awarded by Council to Ricoh Corporation on
December 15, 2009 (Ordinance #2009-316).
RECOMMENDATION
Staff recommends award of the contract to Canon Solutions America, Inc. in the not-to-exceed
amount of $283,572 with the exception of a $.0068 overage rate.
PRINCIPAL PLACE OF BUSINESS
Canon Solutions America, Inc.
Hurst, TX
ESTIMATED SCHEDULE OF PROJECT
This is a thirty-six (36) month lease agreement with the option to renew for two (2) additional
one-year periods by mutual agreement of both parties.
FISCAL INFORMATION
Funding for the contract is budgeted in Reprographics copier account 830100.6306. City
departments will be charged for the actual usage on a monthly basis.
EXHIBITS
Exhibit 1: Comparison of Copier Quotes from Cooperative Contracts
Exhibit 2: Proposal from Canon Solutions America, Inc.
Exhibit 3: Texas Department of Information Resources (DIR) Contract
Respectfully submitted:
Chuck Springer, 349-8260
Director of Finance
1-AIS-File 5280
City of Denton - Copier Quotes from Cooperative Contracts
June 24th, 2013 Exhibit 1
Current Contract rate from Ricoh
Equipment$ 6,934.50
Maintenance/Overages$ 1,925.61
MONTHLY$ 8,860.11
ANNUAL$ 106,321.32
36-MO$ 318,963.96
Current Contract is expiring - Initial Proposals requested and r
MetroCentre
CANON (Xerox)RICOH*
(Monthly payments)
Hurst TX Denton TXDallas TX
Equipment$ 6,830.00$ 7,547.34$ 8,378.99
Maintenance$ 1,224.00$ 1,126.17$ 1,239.83
Hard drive security$ 161.00 includedincluded
TOTAL MONTHLY$ 8,215.00$ 8,673.51$ 9,618.82
ANNUAL$ 98,580.00$ 104,082.12$ 115,425.84
36-MONTH$ 295,740.00$ 312,246.36$ 346,277.52
Varies: 0.0071,
Overage Rate $ 0.0068 .0053, .0047 $ 0.0071
Negotiated Best and Final Offer Proposals received June 2013
MetroCentre
CANON (Xerox)RICOH*
Hurst TX Denton TXDallas TX
(Monthly payments)
Equipment$ 6,492.00$ 7,104.81$ 7,430.95
Maintenance$ 1,224.00$ 1,145.41$ 1,449.47
Hard drive security$ 161.00 includedincluded
TOTAL MONTHLY$ 7,877.00$ 8,250.22$ 8,880.42
ANNUAL$ 94,524.00$ 99,002.64 $ 106,565.04
36-MONTH$ 283,572.00$ 297,007.92$ 319,695.12
25&35ppm: $.0071
Overage Rate $ 0.0068 $ 0.0071
45,55,65 ppm: $.0053
** Canon offered the City an additional quote for one-time annua
Best Valued Option
Initial Canon Quote $295,740.00
Canon BAFO Quote $283,572.00
Negotiated Savings $12,168.00
Savings from Previous Agreement
Current Ricoh Contract $318,963.96
Canon BAFO Price $283,572.00
$35,391.96
Total 3 yr Savings
The City of Denton will save an estimated $35,391.96 additional
contracting for this service, with the selection of the Best an
Exhibit 2
CanonSolutionsAmerica,Inc.
860WestAirportFreeway,200
Hurst,TX76054
Phone:800.815.4000
www.csa.canon.com
July1,2013
DearMr.Brock,
Pleasefindincludedinthislettertherequestedpricingalongwiththedeviceconfigurationlistfor
theCityofDenton.WithDIRyouonlyneedaPOoraCustomerLetterheadreferencingtheDIR-
SDD-1662contract.AllthenecessaryinformationpertainingtothisDIRleasewillbeonthe
issuedPOorCustomerLetterheadfromyourcity.
ThePOorCustomerLetterheadwillneedtocontainthefollowing:
1.CanonU.S.AIns.c/oCanonFinancialServices
14904CollectionsCenterDrive
Chicago,IL60693
2.ContractnumberDIR-SDD-1662
3.Customerbilltoaddressandshiptoaddresses
4.ContactNameandphonenumber
5.EquipmentbyLineItemsandPrice(youcanreferencealistwewillprovideyoupriorto
issuingyourPO)
6.Service(180,000B&Wcopiesincludedpermonth-AggregateBilling-thisinformationwill
alsobeonthelistwewillprovideyoutoreference)
7.CustomerSignature
PleasefindthepricingfortheCityofDentonlistedbelowformonthly,annually,and36month
terms.
CanonSolutionsAmericaPricingForCityofDenton
Pricing:
Equipment:
$6,492.00
Maintenance:
$1,224.00
HardDriveSecurity:
$161.00
TOTALMONTHLY:
$7,877.00
ANNUAL:
$94,524.00
36-MONTH
$283,572.00
OverageRate
$0.0068
Notes:Eachdevicewithstaplingincludes20,000
staples(40deviceswithstaplingX20,000=800,000
staplesincluded)
ACanonU.S.A.Company
ItemNumber:Model/Part#:
Base:
2583B0011025N
AverageVolume
Month:
500
Quantity:
1
Base:
2586B0011025iF
AverageVolume
Month:
500
Quantity:
1
Base:
2834B0022525
Accessories:
2840B002DADF
4625B001Cabinet
2862B002ColorSend
AverageVolume
Month:
500
Quantity:
14
Base:
2834B0022525
Accessories:
2840B002DADF
4625B001Cabinet
2858B002FaxBoard
2862B002ColorSend
AverageVolume
Month:
500
Quantity:
1
Base:
2835B0012530
Accessories:
2840B002DADF
4625B001Cabinet
2862B002ColorSend
Option(s):
2841B001InnerFinisher
AverageVolume
Month:
500
Quantity:
7
Base:
4804B0034025
Accessories:
4805B002DADF
6543B001Cabinet
InnerFinisherw/2/3
4808B002Hole
4002B002HDEraseKit
AverageVolume
Month:
1,000
Quantity:
2
Base:
4804B0034025
Accessories:
4805B002DADF
ACanonU.S.A.Company
3755B001Cassette
InnerFinisherw/2/3
4808B002Hole
4002B002HDEraseKit
AverageVolume
Month:
1,000
Quantity:
1
Base:
4803B0034035
Accessories:
4805B002DADF
3755B001Cassette
InnerFinisherw/2/3
4808B002Hole
4002B002HDEraseKit
AverageVolume
Month:
2,000
Quantity:
10
Base:
4803B0034035
Accessories:
4805B002DADF
6543B001Cabinet
InnerFinisherw/2/3
4808B002Hole
4002B002HDEraseKit
AverageVolume
Month:
2,000
Quantity:
6
Base:
4802B0034045
Accessories:
3755B001Cassette
InnerFinisherw/2/3
4808B002Hole
4002B002HDEraseKit
AverageVolume
Month:
3,000
Quantity:
4
Base:
4802B0034045
Accessories:
6543B001Cabinet
InnerFinisherw/2/3
4808B002Hole
4002B002HDEraseKit
AverageVolume
Month:
3,000
Quantity:
1
Base:
4801B0034051
Accessories:
3755B001Cassette
InnerFinisherw/2/3
4808B002Hole
4002B002HDEraseKit
AverageVolume
Month:
4,000
Quantity:
3
Base:
4801B0034051
ACanonU.S.A.Company
Accessories:
6543B001Cabinet
InnerFinisherw/2/3
4808B002Hole
4002B002HDEraseKit
AverageVolume
Month:
4,000
Quantity:
1
Base:
5989B0096255
Accessories:
6009B001StapleFinisher
3705B0022/3HolePunch
AverageVolume
Month:
34,000
Quantity:
3
MatthewFouke
AccountExecutive
CanonSolutionsAmerica,Inc.
860W.AirportFreeway,Suite:200
Hurst,TX76054
mfouke@csa.canon.com
Office:817-345-4285
Mobile:817-266-2000
Fax:817-345-4310
ACanonU.S.A.Company
Exhibit 3
ORDINANCE NO. _______
AN ORDINANCE AWARDING A CONTRACT FOR A THIRTY-SIX (36) MONTH LEASE OF
APPROXIMATELY FIFTY-FIVE (55) BLACK AND WHITE DIGITAL COPIERS FOR
VARIOUS CITY OF DENTON DEPARTMENTS AS AWARDED BY THE STATE OF TEXAS
DEPARTMENT OF INFORMATION RESOURCES (DIR) THROUGH THE GO DIRECT
PROGRAM, CONTRACT NUMBER DIR-SDD-1622; PROVIDING FOR THE EXPENDITURE
OF FUNDS THEREFOR AND PROVIDING AN EFFECTIVE DATE (FILE 5280 AWARDED TO
CANON SOLUTIONS AMERICA, INC. IN THE NOT-TO-EXCEED AMOUNT OF $283,572
WITH THE EXCEPTION OF A $.0068 OVERAGE RATE).
WHEREAS, pursuant to Resolution 92-019, the State of Texas has solicited, received and
tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in
accordance with the procedures of state law on behalf of the City of Denton; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended that
the herein described materials, equipment, supplies or services can be purchased by the City through
the State of Texas Department of Information Services Go Direct Program at less cost than the City
would expend if bidding these items individually; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The numbered items in the following numbered purchase order for materials,
equipment, supplies, or services, shown in the "File Number" listed hereon, and on file in the office
of the Purchasing Agent, are hereby approved:
FILE
NUMER VENDOR AMOUNT
5280 Canon Solutions America, Inc. $283,572/
$.0068 overage rate
SECTION 2. By the acceptance and approval of the above numbered items set forth in the
attached purchase orders, the City accepts the offer of the persons submitting the bids to the State of
Texas Department of Information Services Go Direct Program for such items and agrees to purchase
the materials, equipment, supplies or services in accordance with the terms, conditions,
specifications, standards, quantities and for the specified sums contained in the bid documents and
related documents filed with the State of Texas Department of Information Services Go Direct
Program, and the purchase orders issued by the City.
SECTION 3. Should the City and persons submitting approved and accepted items set forth
in the attached purchase orders wish to enter into a formal written agreement as a result of the City's
ratification of bids awarded by the State of Texas Department of Information Services Go Direct
Program, the City Manager or his designated representative is hereby authorized to execute the
written contract which shall be attached hereto; provided that the written contract is in accordance
with the terms, conditions, specifications and standards contained in the Proposal submitted to the
State of Texas Department of Information Services Go Direct Program, quantities and specified sums
contained in the City's purchase orders, and related documents herein approved and accepted.
SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council
hereby authorizes the expenditure of funds therefor in the amount and in accordance with the
approved bids.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the _______ day of _______________________, 2013.
______________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: _________________________________
5-ORD-File 5280
ConsentAgendaL
AGENDA INFORMATION SHEET
AGENDA DATE:
July 9, 2013Questions concerning this
acquisition may be directed
DEPARTMENT:
Materials Management to Terry Kader at 349-8729
ACM:
Bryan Langley
SUBJECT
Consider adoption of an ordinance accepting competitive bids and awarding a contract for the
purchase of six (6) Dodge heavy duty trucks for the City of Denton Electric, Water, Wastewater
and Street Departments; providing for the expenditure of funds therefor; and providing an
effective date (Bid 5258-awarded to Dallas Dodge in the amount of $325,287). The Public
Utilities Board recommends approval (6-0).
BID INFORMATION
The Dodge Trucks represent six (6) replacements for heavy duty trucks across several
departments within the City that have met City of Denton fleet replacement criteria. The vehicle
purchases were approved in the Fiscal Year 2012-13 Vehicle Replacement Plan and Fiscal Year
2012-13 Annual Operating Budget. An Invitation for Bid was sent to seven prospective
suppliers. In addition, the solicitation was placed on the Material Management website for
prospective suppliers to download and advertised in the local newspaper. Three (3) bids meeting
the specification requirements were received, with Dallas Dodge submitting the lowest bid price
meeting specification.
All of the new truck engines meet or exceed current Environmental Protection Agency emission
standards and the diesel engines are biodiesel compatible. The vehicles being taken out of
service will be auctioned, upon receipt of the new vehicles.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On June 24, 2013, the Public Utilities Board (PUB) recommended approval to forward this item
to the City Council for consideration. The PUB recommendation is only for the utility related
vehicles and does not include the two (2) vehicles to be purchased for the Street Department.
RECOMMENDATION
Award the purchase of six (6) Dodge heavy duty trucks to Dallas Dodge for a total award
amount of $325,287.
Agenda Information Sheet
July 9, 2013
Page 2
PRINCIPAL PLACE OF BUSINESS
Dallas Dodge
Dallas, TX
ESTIMATED SCHEDULE OF PROJECT
Delivery of the vehicles is estimated to be within 130 days of issuance of the purchase order.
FISCAL INFORMATION
These items will be funded from Fiscal Year 2012-13 Vehicle Replacement funds. Exhibit 2
shows the vehicle description, purchase amount, funding account and Requisition number within
the Purchasing software system.
EXHIBITS
Exhibit 1: Bid Tabulation
Exhibit 2: Vehicle Listing with Requisition Numbers
Exhibit 3: Public Utilities Board Draft Minutes
Respectfully submitted:
Chuck Springer, 349-8260
Director of Finance
1-AIS-Bid5258
IFB #5258
Exhibit 1
DATE: 06/04/13
Description: Fleet - Dodge Trucks
No.Qty.DESCRIPTIONVENDORVENDORVENDOR
Dallas DodgeGrapevine DodgeClassic of Denton
Principle Place of Business:
Dallas, TXGrapevine, TXDenton, TX
Dodge 5500 Regular Cab Chassis, 2WD, DRW-
84"CA, 19,500 GVWR, Diesel Engine, Power
$63,464.00$65,214.00$66,256.00
11
windows and door locks, Keyless entry-3 keys, Add
Knapheide Quote #21847 for $25,440.00
Dodge 5500 Crew Cab Chassis, 2WD, DRW-84"CA,
19,500 GVWR, Diesel Engine, Power windows and
$50,028.00$50,702.00$54,363.00
21
door locks, Keyless entry-3 keys,
Add Knapheide Quote #21839 for $10,928.00
Dodge 5500 Crew Cab Chassis, 2WD, DRW-84"CA,
19,500 GVWR, Diesel Engine, Power windows and
$52,418.00$53,092.00$56,753.00
31
door locks, Keyless entry-3 keys,
Add Knapheide Quote #21833 for $13,318.00
Dodge 5500 Regular Cab Chassis, 2WD, DRW-
84"CA, 19,500 GVWR, Diesel Engine, Power
$51,223.00$52,973.00$54,015.00
41
windows and door locks, Keyless entry-3 keys,
Add Knapheide Quote #21619 for $13,199.00
Dodge 5500 Regular Cab Chassis, 4WD, DRW-
84"CA, 19,500 GVWR, Diesel Engine, Power
$54,873.00$54,247.00$57,355.00
51
windows and door locks, Keyless entry-3 keys,
Add Knapheide Quote #21609 for $14,473.00
Dodge 5500 Regular Cab Chassis, 2WD, DRW-
84"CA, 19,500 GVWR, Diesel Engine, Power
$53,281.00$55,031.00$56,073.00
61windows and door locks, Keyless entry-3 keys,
Add Knapheide Quote #21611 for $15,257.00
TOTAL BID$325,287.00$331,259.00$344,815.00
Exhibit 3
DRAFT MINUTES
1
PUBLIC UTILITIES BOARD
2
3 June 24, 2013
4
5 After determining that a quorum of the Public Utilities Board of the City of Denton, Texas is
6 present, the Chair of the Public Utilities Board will thereafter convene into an open meeting on
7 Monday, June 24, 2013 at 9:04 a.m. in the Service Center Training Room, City of Denton
8 Service Center, 901A Texas Street, Denton, Texas.
9
10 Present: Vice Chair Billy Cheek, Secretary Randy Robinson, Leonard Herring, Phil
11 Gallivan, Barbara Russell and Lilia Bynum
12
13 Absent: Chairman Dick Smith
14
15 Ex Officio Members: Howard Martin, ACM Utilities; George Campbell, CM
16
OPEN MEETING:
17
18
CONSENT:
19
20
21 2)Consider a recommendation of an ordinance for accepting competitive bids under Section
22 271.102 of the Local Government Code for the purchase of four Dodge Trucks for the City
23 of Denton Electric, Water and Wastewater departments; providing for the expenditure of
24 funds therefor; and providing an effective date (File 5258-awarded to Dallas Dodge in the
25 amount of $222,841.00).
26
Board Member Robinson motioned to approve item 2 with a second from Board Member
27
Gallivan. The vote was 6-0 approved.
28
29
30 Adjournment 10:33 a.m.
ORDINANCE NO. __________
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF SIX (6) DODGE HEAVY DUTY TRUCKS FOR THE CITY OF DENTON
ELECTRIC, WATER, WASTEWATER AND STREET DEPARTMENTS; PROVIDING FOR
THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID
5258-AWARDED TO DALLAS DODGE IN THE AMOUNT OF $325,287).
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of State
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended that
the herein described bids are the lowest responsible bids for the materials, equipment, supplies or
services as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The numbered items in the following numbered bids for materials, equipment,
supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent,
are hereby accepted and approved as being the lowest responsible bids for such items:
BID
NUMBER VENDOR AMOUNT
5258 Dallas Dodge $325,287
SECTION 2. By the acceptance and approval of the above numbered items of the submitted
bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur-
chase the materials, equipment, supplies or services in accordance with the terms, specifications,
standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and
related documents.
SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written
agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his
designated representative is hereby authorized to execute a written contract in accordance with the
terms, conditions, specifications, standards, quantities and specified sums contained in the Bid
Proposal and related documents and to extend that contract as determined to be advantageous to the
City of Denton.
SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of Denton
under Bid 5258 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 5. By the acceptance and approval of the above enumerated bids, the City Council
hereby authorizes the expenditure of funds therefor in the amount and in accordance with the
approved bids.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of , 2013.
______________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: _________________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: _________________________________
4-ORD-Bid 5258
ConsentAgendaM
AGENDA INFORMATION SHEET
AGENDA DATE:
July 9, 2013 Questions concerning this
acquisition may be directed
DEPARTMENT:
Materials Management to Scott Fletcher at 349-7939
ACM:
Bryan Langley
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas authorizing the approval of a
First Amendment to a Service Agreement for veterinary services, by and between Animal
Hospital on Teasley Lane and the City of Denton, Texas, providing for the expenditure of funds
therefor; and providing an effective date (RFP 4726-Providing for an additional expenditure
amount of $600,000 with the total contract amount not-to-exceed $750,000 for veterinary
services for the Animal Services Division).
RFP INFORMATION
On December 6, 2011, the City Council approved the adoption of an ordinance authorizing a
contract with Animal Hospital on Teasley Lane to perform veterinary services for the City of
Denton Animal Services Division. The Contract was awarded for a one (1) year period with two
(2) additional 1-year extensions for an estimated annual amount of $150,000.
Due to the unprecedented success with adoptions at the shelter, the amount expended on
veterinary services has exceeded the original estimated amount of the contract. During the first
sixteen (16) months of this contract, the shelter has paid an average of $26,337 per month to
Animal Hospital on Teasley Lane.
In addition to the significant increase in the estimated financial value of the contract, Materials
rety of the contract. By combining the
projected monthly average of $16,430 for the remaining months of the contract, with the amount
previously expended under the contract, the Police Department
value of the contract at $750,000.
The current contract with Animal Hospital on Teasley Lane is due to expire on December 31,
2013 with the option for a one (1) year extension.
PRIOR ACTION
On December 6, 2011, the Council awarded a one (1) year contract with the option to renew for
two (2) additional one (1) year periods to Animal Hospital on Teasley Lane.
Agenda Information Sheet
July 9, 2013
Page 2
RECOMMENDATION
Approve an amendment to the agreement with Animal Hospital on Teasley Lane in the amount
of $600,000 for a total amount not-to-exceed $750,000.
PRINCIPAL PLACE OF BUSINESS
Animal Hospital on Teasley Lane
Denton, TX
ESTIMATED SCHEDULE OF PROJECT
The First Amendment will affect the remainder of the 2013 contract and the renewal for 2014.
FISCAL INFORMATION
The recommended changes to this contract will not have a direct financial impact to the City of
Denton. These changes do not affect the prices or other financial terms of this contract.
EXHIBITS
Exhibit 1: Contract with Animal Hospital on Teasley Lane
Respectfully submitted:
Chuck Springer, 349-8260
Director of Finance
1-AIS-Bid 4726
Exhibit 1
ORDINANCE NO. __________
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE APPROVAL OF
A FIRST AMENDMENT TO A SERVICE AGREEMENT FOR VETERINARY SERVICES, BY
AND BETWEEN ANIMAL HOSPITAL ON TEASLEY LANE AND THE CITY OF DENTON,
TEXAS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
AN EFFECTIVE DATE (RFP 4726-PROVIDING FOR AN ADDITIONAL EXPENDITURE
AMOUNT OF $600,000 WITH THE TOTAL CONTRACT AMOUNT NOT-TO-EXCEED
$750,000 FOR VETERINARY SERVICES FOR THE ANIMAL SERVICES DIVISION).
WHEREAS, on December 6, 2011 by Ordinance No. 2011-238, the City awarded a contract
for Animal Services to Animal Hospital on Teasley Lane, in the estimated annual amount of
$150,000; and
WHEREAS, the Staff having recommended, and the City Manager having recommended to
the Council this First Amendment be authorized to amend such contract agreement with respect to
increasing the annual contract amount to not-to-exceed $750,000; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The First Amendment increasing the amount of the services agreement
between the City and Animal Hospital on Teasley Lane, which is on file in the office of the
Purchasing Agent, in an amount not-to-exceed Seven Hundred Fifty Thousand and 0/100 ($750,000)
Dollars, is hereby approved and the expenditure of funds therefore is hereby authorized in
accordance with said amendment. The total contract amount increases to $750,000.
SECTION 2. The City Council of the City of Denton, Texas hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of Denton
under RFP 4726 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2013.
______________________________
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: _________________________________
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
________________
BY: _________________
3-ORD-Bid 4726
ConsentAgendaN
AGENDA INFORMATION SHEET
AGENDA DATE:
July 9, 2013
DEPARTMENT:
Fire Department
ACM:
Jon Fortune
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager, or
his designee, to execute a Contract of Sale (herein so called), as attached hereto and made a part
-Khafaji, individually and as
Independent Executrix of the Estate of Ali Al-Khafaji, deceased, as Owner (, and
the City of Denton ), regarding the sale by the Owner and purchase by the City of fee
simple to a 3.839 acre tract of land, more or less, being situated in the M. Yoachum Survey,
Abstract No. 1442, located in the City of Denton, Denton County, Texas, as more particularly
described in the Contract of Sale, located generally in the 3300 Block of East McKinney Street
of Two Hundred Ninety Thousand Dollars and
No Cents ($290,000.00), and other consideration, as prescribed in the Contract of Sale;
authorizing the expenditure of funds therefor; authorizing relocation expenses and advisory
services, if applicable; and providing an effective date. (Fire Station No. 2 Improvements Plan)
BACKGROUND
The Denton Fire/Rescue Department presented its 2013 Facilities Optimization Studyas a
supplement to its 2011 to 2015 Strategic Plan, evaluating the location and condition of current
Denton Fire Department facilities. The Department made recommendations for the addition and
placement of future facilities to better serve the citizens of Denton. Through an analysis of its
within the scope of the report that
Fire Station 2, located at 3309 E. McKinney, is substandard and needs to be replaced as soon as
possible. A recommendation was made to rebuild Station 2, purchasing the adjacent available
property to expand the station site.
Approval of the ordinance under consideration authorizes staff to proceed to closing the purchase
transaction with the property owner.
OPTIONS
1.Approve the proposed Ordinance.
2.Not approve the proposed Ordinance.
3.Table for future consideration.
RECOMMENDATIONS
Recommend approval of the Ordinance.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
January 7, 2013 City Council Work Session
February 12, 2013 - Executive Session, briefed City Council (as pertains to subject property)
April 16, 2013 City Council Issuance of City of Denton Certificates of Obligation,
Ordinance No. 2013-113.
FISCAL INFORMATION
City of Denton Certificates of Obligation, Series 2013
EXHIBITS
1.Location Map
2.Site Map
3.Ordinance
Respectively Submitted,
Prepared by,
Ross Chadwick
LuAnne Oldham,
Fire Department
Real Estate Specialist
BRANDYWINE
ANYSA
DANA
DENTON DOWNTOWN
Site
OAK
HICKORY
SYCAMORE
WAGON TRAIL
DUCHESS
EAGLE
MORSE
NTS
HOLLYHILL
LOCATION MAP
Subject
3.8 Ac.
Tract
City of Denton
0.4 Ac.
NTS
SITE MAP
3311 E. McKinney St.
THENCE �. 33° 47' W. with tha l�Torth liii� of saic� Citv tract foi� � distanc� of
1�0.30 f�et ic� th� PLACE O�' �EGIIVNING and conta_ining hereiYl a tot�l of
4.571 acres of land.
�AVE AND EXCEP'T a��rc�l of land deed�d froi�i Ali �I I�IlU�fa_ji to Crty of
1?enton, r•ecorded in Voluine 8�2, P�g� 992 described as fc�ll���s:
�11 t�h�t �ertain lot, tr•act or parcel of lan� lying al��� bein� si+u�i�cl in the City
ancl Couf�ty of Denton, �tate of T��a�, aiid being part of fhe 11�1. Yoacllum
�urvey, Abst. No. 1442 and alsa be?ng part of � travt of ia:ncl as copiveyed fronl
�harles IVlulkey and wife, Liud� Mti�llc�y to Ali A1 �haf�ji b�� deed dat��i
ivlareh 15,1972 anci record�d in �ol. b40, P�-ge 697 �f the ��ec� l�ecards,
Der�ton Count,y, Texas, a.nd rnore pa.rticularly clescribed as follows:
BEGINI'1II�IG at the most ��uther(y �ot�th�u�st ccrtler of said tt°act, said point
�1sc� being the �oL�tlieast corner af a tr�ci of ?ai�d conv�y�d frc�n� J.I�. Olclha�n
and wif�, Mattie (�ldhairr to City of �enton, a Vii�tiicipal Corporation by c1�ed
clat�d April 30, I947 �nc1 recorded ii1 Voltune 335, Page 474 c�f the Deecl
Recortis, Dentoi� Gauilty, T��as, said pai��t lying Soutli 8b° 34' East a distaalc�
of 100 feet East of tl�e intersectiot� af th� East RQ�V ?ine of Mockingbird Lane
�nd Yhe Norih ROVV of 1VIcKinney �tre�i {FI�i1 Road No. 426);
T�-IEI�TCE Nortl� 1° 53' E. along the tnost Sol�therly Vtl�st baundary line of said
firact, sain� being tlle East bot�ndai•y line of ak�ave mentioneci �ity iraci a
distailc� of 175.? feet ta a point for a. cornei• same bein� an iiiner corner af saicl
tract, saici point also b�ing the No�-theast cornei- of saicl City tz•act;
THE�C.E �oti�tlz 83� 34' E.175.2 f�et North of anc� parallel with th� most
�ouilzerly �outh boundary line of s�ir� tra.ct a dist�iice of 182 feet to a point for
a cor�ler;
THEIVCE �outh 1° 53' W. 182 feet East of a parallel �vitll t11� most �outherly
't�est boundary line of said tract a distailce of 175.2 f��t ta a point for a cerner�
in the inost Southerly �otrth boLZnciary lin� of said tr�et, san�ie being �� �oint in
tl�e North right of way line of �IcI�inuey �tre�t (FIVT IZoad Na. �26);
TI�N�E I�Torth �3° 34' Vv', along ihe znost �outherly �outli bouncla�•y lin€ of
sa.ici tr�ct, same being tl�e Nort}l RO�r lin� of T�cI�inney .�treet (FM Road No.
�25) a distatl�e of 1�2.0 feet- t� the PLACE C�F I3EGINNIIVG and contaitli�ig
31,8�6.�0 sc�laare fe�t of land, ��lore or less.
23