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HomeMy WebLinkAboutSeptember 10, 2013 AgendaAGENDA CITY OF DENTON CITY COUNCIL September 10, 2013 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, September 10, 2013 at 2:00 p.m. 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 September 10, 2013. 3. Receive a report, hold a discussion, and give staff direction regarding the Hickory Grand Street project. 4. Receive a report, hold a discussion, and give staff direction regarding road impact fees. 5. Receive a report, hold a discussion, and give staff direction regarding LEED (Leadership in Energy and Environmental Design) certification for the design and constriction of Fire Station 2. 6. Receive a report, hold a discussion, and give staff direction regarding the FY 2013 -14 City Manager's Proposed Budget, Capital Improvement Program, and Five -Year Financial Forecast. 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 and options for resolution and disposition of litigation styled Jones v. Citiy of Denton, Cause No. 2011 -50255 -367, currently pending in the 367t' District Court, Denton County, Texas. B. Deliberations regarding Personnel Matters — Under Texas Government Code Section 551.074. City of Denton City Council Agenda September 10, 2013 Page 2 1. Deliberate and discuss the appointment and duties of public officers to boards or commissions exercising discretionary or rile making power as opposed to purely advisory powers, which includes without limitation the Health and Building Standards Commission, the Historic Landmark Commission, the Planning and Zoning Commission, and the Zoning Board of Adjustment. C. Deliberations Regarding Certain Public Power Utilities: Competitive Matters — Under Texas Government Code Section 551.086. 1. Receive competitive public power information from staff in the form of a proposed operating budget for Denton Municipal Electric (DME) for the upcoming fiscal year, including without limitation, revenues, expenses, commodity volumes, and commitments, and the direction of DME; and discuss, deliberate, consider adoption of the budget and other matters, and provide staff with direction regarding such matters. D. Consultation with Attorney — Under Texas Government Code Section 551.071. 1. Consult with and provide direction to City's attorneys regarding legal issues and strategies associated with: (1) the Gas Well Ordinance regulation of gas well drilling and production within the City Limits and extraterritorial jurisdiction; (2) the setting of gas well inspection fees, road damage remediation fees, and bond and insurance requirements; (3) the implementation of a freshwater well sampling program and an air quality monitoring program in connection with the Gas Well Ordinance and Fee Ordinance; and (4) the enforcement, including remedies available to the City, of violations of the Gas Well Ordinance and Fee Ordinance; including constitutional and statutory limitations upon municipal regulatory and enforcement authority and claims associated therewith, statutory preemption and /or impacts of federal and state law and regulations. E. Deliberations regarding Personnel Matters — Under Texas Government Code Section 551.074. 1. Review and discuss the duties and goals for the City Manager, City Attorney, and Municipal Judge. 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. GOVT. CODE, §551.001, ET SE Q. (THE TEXAS OPEN MEETINGS ACT) ON ANY City of Denton City Council Agenda September 10, 2013 Page 3 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. Blood Cancer Awareness Month 2. Mean Green Pride Fridays 3. Government Finance Officers Association Distinguished Budget Award 3. CITIZEN REPORTS A. Review of procedures for addressing the City Council. B. Receive citizen reports from the following: 1. Receive an update from Amber Briggle regarding fundraising efforts for a Denton Splash Park. 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 — M). 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. If no items are pulled, Consent Agenda Items A — M 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, amending the Fiscal Year 2012 -13 Budget and Annual Program of Services for the City of Denton to allow for an adjustment to the Animal Control Donation Fund of Two Hundred Twenty Thousand Dollars ($220,000) from the original budget amount City of Denton City Council Agenda September 10, 2013 Page 4 of Thirty Thousand Dollars ($30,000) to Two Hundred and Fifty Thousand Dollars ($250,000) to provide additional expenditure authority related to veterinary contract costs; declaring a municipal purpose; providing a severability clause; providing an open meetings clause, and providing an effective date. The Audit/Finance Committee recommends approval (3 -0). B. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, amending the City's Fund Balance Policy; and providing an effective date. The Audit/Finance Committee recommends approval (3 -0). C. Consider adoption of an ordinance of the City Council of the City of Denton, Texas, amending the Street Improvement Fund; defining and committing certain fees and other revenues of the City to the Street Improvement Fund; providing a severability clause; and providing an effective date. The Audit/Finance Committee recommends approval (3 -0). D. Consider approval of a resolution adopting a revised City of Denton Handbook for Boards, Commissions, and Council Committees; and declaring an effective date. E. Consider adoption of an ordinance awarding a contract under the Texas Multiple Award Schedule ( TXMAS) program for the purchase of HON Brand Office Furniture for various City of Denton departments as awarded by the State of Texas Contract TXMAS -6 -7- 1111060; providing for the expenditure of funds therefor; and providing an effective date (File 5268 —HON Furniture for various City Departments awarded to Multiple Approved Vendors as listed on Contract TXMAS -6 -7- 1 1 1 1 060 in the three (3) year not -to- exceed amount of $500,000). F. Consider adoption of an ordinance of the City of Denton, Texas authorizing the expenditure of funds for payments by the City of Denton for Electrical Energy Transmission Fees to Electric Transmission Texas; and providing an effective date (File 5083— Electrical Energy Transmission Fees for Fiscal Year 2012 -2013 to Electric Transmission of Texas in the additional amount of $56,911.72 for a total award amount of $407,090.64). The Public Utilities Board recommends approval (6 -0). G. Consider adoption of an ordinance of the City of Denton, Texas authorizing the expenditure of funds for payments by the City of Denton for Electrical Energy Transmission Fees to Lone Star Transmission; and providing an effective date (File 5260— Electrical Energy Transmission Fees for Fiscal Year 2012 -2013 to Lone Star Transmission in the additional amount of $16,514.92 for a total award amount of $175,12035). The Public Utilities Board recommends approval (6 -0). H. Consider a request for an exception to the Noise Ordinance for the purpose of performing live music for the 2nd Annual Mexican Independence Day Fair at the corner of McKinney Street and Railroad Avenue in the vicinity of La Estrella Mini Market on Saturday, September 14, 2013, beginning at 4 p.m. and concluding at midnight. This request is for an extension of hours from 10 p.m. to midnight. The music will remain at the allowable 70 decibels. Staff recommends the exception be granted until midnight. City of Denton City Council Agenda September 10, 2013 Page 5 L Consider adoption of an ordinance approving a city sponsorship in an amount not to exceed $16,000 of in -kind services for the 15th Annual Blues Festival to be held in Quakertown Park on September 21 -22, 2013; and providing an effective date. J. Consider a request for an exception to the Noise Ordinance for the purpose of having music played during an engagement party at a residential home located at 1109 Indian Ridge Drive on Saturday, September 14, 2013, from 7 p.m. to 11:30 p.m. This request is for an extension in hours for sound from 10 p.m. to 11:30 p.m. The music will remain at the allowable 65 decibels. Staff recommends approving request. K. Consider approval of the minutes of: August 1, 2013 August 5, 2013 August 6, 2013 L. Consider approval of a resolution by the City of Denton, Texas, authorizing the City Manager to submit an application and all other necessary documents to obtain a grant under the Texas Department of Housing and Community Affairs, Amy Young Barrier Removal Program and take all other actions necessary to implement the program; and providing for an effective date. M. Consider adoption of an ordinance awarding a contract for the capital lease purchase of desktop Personal Computers (PCs), notebook PCs, peripherals, and services as awarded by the State of Texas Department of Information Resources (DIR) Contract Number DIR-SDD- 195 1; providing for the expenditure of funds therefor and providing an effective date. (File 5337 awarded to Dell Financial Services LP for a total lease amount of $1,343,277.36 and additional products in the amount of $423,900 for a not -to- exceed amount of $1,767,177.36). 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider nominations /appointments to the City's Boards & Commissions. 1. Airport Advisory Board 2. Community Development Advisory Committee 3. Historic Landmark Commission 4. Human Services Advisory Committee 5. Public Art Committee 6. Traffic Safety Commission 7. Zoning Board of Adjustment 6. PUBLIC HEARINGS A. Hold a second public hearing on a proposal to adopt a tax rate of $0.68975 per $100 valuation, which will exceed the lower of the rollback rate or the effective rate. City of Denton City Council Agenda September 10, 2013 Page 6 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 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.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349 -8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1- 800- RELAY- TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. AGENDA INFORMATION SHEET AGENDA DATE: September 10, 2013 DEPARTMENT: Utility Administration ACM: Howard Martin *,--- SUBJECT Receive a report, hold a discussion and provide direction on the Hickory Grand Street project progress. BACKGROUND The Hickory Grand Street (Grand Street) project includes the stretch of Hickory Street from the Downtown A -Train Station to Locust Street (Exhibit 1). The Grand Street project is to include new pavement constriction, wider sidewalks, bring the sidewalks up to ADA standards, have ornate streetscape and landscape which will include street trees, landscaped corner beds and flower pots at various intersections, benches, trash cans, pedestrian lighting, and power supply accommodation for future growth. An irrigation system is to be installed for the landscape sustenance. The water, wastewater, and DME improvements will be completed before pavement constriction begins for the Grand Street. The utility departments will fund their respective utility improvements. In addition the parking lot located across the Wells Fargo Bank is being redesigned including accommodations for centralized solid waste facilities. Staff had engaged Michael Baker (Baker) a local Denton multi- discipline engineering firm for the design of the Grand Street project. Baker brought the Dallas based Landscape design firm of Caye Cook & Associates (CCA) in the design team. CCA has designed several transit oriented projects in the DFW Metroplex and specialize in streetscape pedestrian paving, planting and amenities design, roadway landscape planning and design. The consultant team is nearing completion of the design project. To get input from the stakeholders on the design elements before the 100 percent design completion, a progress presentation of the project was made to the merchants and residents in the Grand Street corridor on Friday, July 19. Notice was e- mailed to 275 stakeholders in the corridor. The meeting was well attended. About 50 stakeholders in addition to city staff attended the presentation meeting in the City Council Chamber. Including the presentation the meeting went on for about two hours. There was good discussion and staff and the consultant received good input to improve the final design. Input received in the meeting is attached as Exhibit 2. In addition Council Member Roden who attended the progress presentation provided his input as included in Exhibit 3. There was concern raised about back -in parking on steep slope. Exhibit 4 provides information obtained for back -in parking from other cities around the country to address this concern. Staff also presented the project progress information to the Downtown Task Force on August 8. The input received from the members and residents was also presented to the task force. A listing of these concerns and input received is summarized below; • A place to put signage and /or ongoing notices of phasing during constriction. • Any provisions for bicycle and motorcycle parking areas • Is there an opportunity to use powder coated light poles versus rock covered poles • There is concern regarding back -in angled parking on steep slopes • Are there any provisions for DME to install electric vehicle charging stations? • The existing church located along Mulberry Street would like two access points into the Wells Fargo /Williams Square parking area. • The merchants would like to see the Wells Fargo and Williams Square parking areas constricted in Phase 1 prior to street constriction because of loss of on- street parking during constriction. • There is concern on where inventory and beverage vehicles will park during constriction and upon project completion. • There is question on where crosswalks are to be located along Hickory Street. • There is concern for lack of sidewalk within the railroad ROW. • How will this project affect Day of the Dead festival (October 26th)? • There is concern regarding pedestrian access to businesses during constriction. • There is comment about no parking provided along Weldon's Western Wear near Bell /Hickory Street. • What is status of DME, Verizon and Atmos coordination • Are there any provisions to enable lighting of street trees like the Downtown Square? • Get all this online • Develop a clear plan for how pedestrian access to businesses remains during constriction phase • Dumpster location in Williams Square • Verizon Connectivity • Bicycle Parking • Width of Sidewalks • Where to cross Hickory where it is legal and safe Staff will discuss the above comments /concerns along with the project status in the Council Work Session presentation and seek any further direction before bidding the project. PRIOR ACTION/REVIEW (Council, Boards, Commissions) August 28, 2012: City Council approved the professional services agreement with Michael Baker Jr., Inc for design of Hickory Grand Street FXUIRITC 1. Map 2. Merchant/Neighbor meeting comments /input 3. Council member Roden comments /input 4. Back -In Parking additional information 5. Hickory Grand Street Presentation Respectfully submitted, P. S. l . DRC Engineering Administrator EXHIBIT 1 EXHIBIT 2 Merchant/Neighbor Meeting Input /Comments from July 19 Meeting • A place to put signage and /or ongoing notices of phasing during constriction. • Any provisions for bicycle and motorcycle parking areas • Is there an opportunity to use powder coated light poles versus rock covered poles • There is concern regarding back -in angled parking on steep slopes • Are there any provisions for DME to install electric vehicle charging stations? • The existing church located along Mulberry Street would like two access points into the Wells Fargo /Williams Square parking area. • The merchants would like to see the Wells Fargo and Williams Square parking areas constricted in Phase I prior to street constriction because of loss of on- street parking during constriction. • There is concern on where inventory and beverage vehicles will park during constriction and upon project completion. • There is question on where crosswalks are to be located along Hickory Street. • There is concern for lack of sidewalk within the railroad ROW. • How will this project affect Day of the Dead festival (October 26th)? • There is concern regarding pedestrian access to businesses during constriction. • There is comment about no parking provided along Weldon's Western Wear near Bell /Hickory Street. • What is status of DME, Verizon and Atmos coordination • Are there any provisions to enable lighting of street trees like the Downtown Square? EXHIBIT 3 Council member Roden Input /Comments from July 19 Meeting GET ALL THIS ONLINE - make a dedicated page and start Nvith a PDF of Friday's presentation and a PDF of the entire site plan. This can be Nvhere timelines, updates, progress, etc. are posted - that Nvill make it easy for the doN -,ntoN -,n and citv's social media sites to reference throughout the project DEVELOP A CLEAR PLAN FOR HOW PEDESTRIAN ACCESS TO BUSINESSES REMAINS DURING CONSTRUCTION PHASE - most of the discussion Nvas on how traffic flow continues and talk of sideNvalk accommodations and access to businesses Nvas glossed over a bit. I've alreadv received comments and concerns about this from business ovriers. Having a clear prescribed plan on how this Nvorks Nvith earIv communication Nvith the businesses should be a priority. This is something that should also be on the Nvebsite. DUMPSTER LOCATION IN WILLIAMS SQUARE - while the move from the side of Rustv's and the side of the condos is a good and Nvelcome change, putting dumpsters just parallel to the sideNvalk seems a bit contrary to Nvalkable goals for this corridor. In my minds, that goal trumps the ease of pick -up and the Nvalking distance of restaurant Nvorkers accessing the dumpsters. If, at the end of the dav, this is the best spot, it's proximity to the sideNvalk could be mitigated if the surrounding gate could be used for public art/mural, etc. VERIZON CONNECTIVITY - I Nvould encourage us to get aggressive about this before Nve dig up the street and pursue our options. There's already evidence that lack of adequate fiber is stifling higher end businesses from setting up near this corridor - in 5 Nears, it Nvill be akin to lacking basic electricity. • BICYCLE PARKING - mention Nvas made that a plan Nvas being looked into Nvith another department on this, but no coordination Nvith these redesign plans? It seems the time to identiA- spots for bicycle parking in various points along this street is now and build into design. WIDTH OF SIDEWALKS? At one point, I thought one of the goals Nvas to encourage more outdoor patio spots for restaurants, bars, and cafes and that this project Nvould create sufficient sidewalk width to accommodate this. The design plans don't seem to reflect this - but I may be Nvrong. So much emphasis in even* presentation is about preserving and increasing parking. I'm convinced that in 10 Nears, Nve Nvill have realized that Nvas the Nvrong perspective. A corridor filled Nvith a Nvide sideNvalks and non -stop attractive front patios will be a place conducive for pedestrians and Nvill be a draw - people Nvill figure out how to get there. • WHERE TO CROSS HICKORY WHERE IT IS LEGAL AND SAFE? I'd like to see this clarified a bit more. I don't think people Nvill Nvalk from the parking lot up to Austin or a locust or doN -,n to Industrial or Bell to cross. We need to identIA- additional cross spots, mark them, and figure out how to make them safe and legal. EXHIBIT 4 Back In Angled Parking for Hickory Street Overview Back in angled parking is identified as a method of decreasing conflict between parked vehicles and cyclists, and has been used on a variety of applications in downtown areas with grades ranging from flat to steeply graded. Its use on Hickory Street in downtown Denton, Texas, follows precedent for bicycle friendly design and use of back in angled parking on grades. Benefits to Cyclists The location of parked vehicles in a back -in angled parking layout versus a front -in angled parking layout grants drivers a clearer view of the traffic passing them in both directions, including motor vehicles, bicycles and pedestrians. By pulling forward out of the space, the drivers' view is not blocked by adjacent cars during the majority of the pull out maneuver. Back -in angled parking is a part of current design for cyclist - friendly facilities in such areas as San Francisco, California, Austin, Texas and Seattle, Washington (Bialick 2012; Walking 2013) as well as smaller communities such as Burlington, Vermont and Pottstown, Pennsylvania (Losch, 2012; Nawn 2003). The city of Tuscon, Arizona installed back -in parking in a downtown application with significant bicycle traffic. Prior to the installation of back -in parking, there were an average of three to four cyclist /vehicle crashes per month, and for four years following back -in parking installation, no cyclist /vehicle crashes were reported in the project area (Walking, 2013). Back In Angled Parking on Grade A number of cities that use back -in angled parking as part of their design criteria do have flatter grades, and there are some concerns about the use of back -in angled parking on steeper grades (Walking, 2013). In practice, many cities with significant grades, including San Francisco, California, Seattle, Washington, and Burlington, Vermont utilize back -in angled parking with no reports of difficulties or increased incidents due to parking on grade. The investigations into back -in angled parking in Burlington revealed that back -in angled parking reduces the threat of "runaway" vehicles as the parking maneuver automatically "curbs" the wheels of a vehicle (Losch, 2012). Seattle, Washington incorporates back -in angled parking in a significant part of their Central Business District (CBD). Much of the CBD is on a significant grade. Visual inspection of publically available overhead photography shows back -in angled parking with uphill travel on streets such as Virginia Street, Marion Street and Blanchard Street. These roads, by evaluation using publically available elevation information, range from 9 to 17% grades. Other Seattle locations with back -in angled parking on downhill travel streets include Bell Street with a 9% grades (Google, 2013). Austin, Texas has installed back -in angled parking on a length of South Congress Street, south of the CBD. The back -in angled parking is located on both sides of the street. Publically available elevation information shows the grades along this stretch range from 2 to 4% (Google, 2013). Schock, 2013 11 P a B e Exhibit 4 Back In Angled Parking on Hickory Street The Hickory Street project will include back -in angled parking in order to increase cyclist and pedestrian safety, as well as to compliment to the expansion of attractive, walkable sidewalks on the street. The maximum grade on Hickory Street is approximately 5.6% between Locust and Austin streets, decreasing to a flat grade ( <l% slope) by Industrial Street, incorporating a total of 28 downhill and 24 uphill parking spaces on grade. These grades should present no problems for drivers, and the increased visibility should lessen, near the point of no occurrence, cyclist /vehicle crashes on Hickory Street. This will help to create a distinctive environment on Hickory Street and make the development of this street a showpiece for the entire downtown Denton area. Schock, 2013 2 1 L a g e Exhibit 4 References Bia|ick, A. (2012). SFIVITA Drafting Design Standards to Streamline Innovative Bike Treatments. Google Earth data, Seattle, WA. Retrieved July 21, 2013. Google Earth data, Austin, TX. Retrieved July 21, 2013. Losch,N.(2012). Reverse Angle Parking [Brochure]. Retrieved from: Navvn,].A.(2003). Back /nAngkd Parking /n the Central Business District. Rutriuvudfrom: VVa|Nn0infour0. (2013). Back /n Angle Parking: What b It, and When and Where b/t Most Effective? 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A a� h � M\O �/y' .d j 1 r.�. _ f �� 1 l�. ii.. � � �.. �� :'� !! !Yi +f � $ 4� 0 U � qy O O • � '� nuns unnnn...... , O •�n U U �-o 4� O Jc '� �, '� •� OU bJJ 4.1 mio mo m00000000000io a AGENDA INFORMATION SHEET AGENDA DATE: September 10, 2013 DEPARTMENT: City Manager - Administration ACM: Howard Martin, 349 -8232 lk%"_ SUBJECT Receive a report, hold a discussion and give staff direction regarding road impact fees. BACKGROUND Staff had made presentations to the City Council in December 2011 and February 2012 on Road Impact Fees. As there is a substantial gap since the last presentation, a re- briefing along with more recent data applicable to Road Impact Fees is presented below. Staff uses the Mobility Plan, Connectivity Plan, current CIP project information, the Transportation Criteria Manual, and the Denton Development Code (DDC) requirements to assess road exactions for proposed developments. In applying the road exaction ordinance embedded in the DDC, staff has found several deficiencies as listed below: • Payments from the developer are specific to project location only. So the funds can only be used for any road improvements at that specific location. • Due to this specificity, City has over $2.3 million collected over time tied to specific locations. Use of these funds is not allowed until a city funded CIP project is constricted in that specific location. If a CIP project is constricted then these funds can be applied to the CIP project. Also, there is a 10 -year time window within which these funds have to be used otherwise the funds revert back to the developer. • Due to the road exactions tied to specific locations it leads to Roads /Sidewalks to Nowhere constriction. • Unnecessary road transitions from the expanded road section along the frontage of the development to tie to existing roads are required • The exactions are inherently inequitable: If a development is occurring on a TxDOT road or an already Improved Street then the developer can end up with no road exactions. However, if the street is classified as Unimproved Street, then the developer has to improve the perimeter street on the frontage of the development to current city standards, and pay for any signal cost participation. Depending on traffic generated there may be additional improvements required based on the Traffic Impact Analysis. • Off -site improvements are tied to traffic generation threshold based on a TIA for larger developments only, even though traffic generated from a smaller development project would still use off -site road capacity. • The exaction process does not yield what the dollar amount of the exaction will be until later in the development process when plans are developed to determine the constriction quantities. It is therefore not predictable for developers • Due to the exaction process not yielding costs until later in the development process it is difficult to do due diligence • Piece -meal approach & negotiations are inherent in the current road exaction process As discussed above the exaction process does not allow pooling of funds. So the funds collected may /do sit for years until a CIP project is proposed by the city for the particular location. The current exaction process does not allow City to capture value of excess capacity in existing street from developer if the street is classified as an Improved Street, and the developer does not have to improve the road. Due to the above noted limitations in the current DDC and the current state of the road infrastructure, staff has recently made presentations to the City Council on Road User Fees as a possible funding option for street maintenance. The Road User Fees are also referred to as Street Maintenance, Transportation Utility, and Transportation User Fees. This fee is a charge levied by a city for maintenance of street facilities, and it is a monthly fee added to the utility bill. The Road User Fee is not directly defined in the Texas Local Government Code. There is no current legislation or case law supporting this fee. It has been applied indirectly through the storm water MS4 program, whereby, the street has been defined as an integral component of the drainage watershed. Currently in Texas only the cities of Austin and Bryan have the Road User Fee. Staff is currently working on development of Road User Fees for implementation in the City. However, the Road User Fees do not address exactions for road improvements to account for traffic generated from a proposed development. Road Impact Fees do provide this mechanism to address road exactions for new development. So how does the Road Impact Fee compare to the current DDC exaction process? What are the advantages of using a Road Impact Fee? Some of these positive and negative aspects of using Road Impact Fee are listed below: • Allowable by state law • Alleviates burden of constricting new facilities on existing tax payers. • Allows recoupment of projects costs already constricted which contain oversized or excess capacity. • Allows for implementation of key system improvements over piece -meal approach. • Provides up front knowledge of the exact fee to be imposed. • Fairly charges based on system impacts. • Allows for pooling of funds. • Establishes rough proportionality. • Allows clear identification of developer credits. • No more piece -meal negotiations • It is applicable only within the city limits • There is a cost to implement • Impact Fee updates are required every five years by state law • There are administrative requirements to manage the program As can be seen from the above listing of advantages of a Road Impact Fee, its application is even handed to small as well as large developments, and thereby inherently a fairer method of applying road exactions. The impact fees are collected based on a single family equivalent (SFE), and a small or large project can be broken into a collection of SFE's in terms of its traffic impact on the transportation system. It establishes rough proportionality, provides up front knowledge of exact fee, and thus makes it easier to do due diligence. Allows for pooling of funds to be used for projects within the defined Service Area, and allows recoupment of the city investment in excess road capacity in already constricted streets from new developments. Staff has taken a quick stab at how many Service Areas would be necessary to comply with the state law requirement (Exhibit 1). In addition, we have also compiled a draft list of what arterial and collector streets, and signals and intersection improvements could be eligible for Road Impact Fees. These are shown in Exhibits 2 and 3 respectively. The Road Impact Fees are currently in use by the several cities including many in the Metroplex cities in Texas. Exhibits 4 & 5 show the cities where the Road Impact Fees are currently in effect and the amount charged per SFE. The median Road Impact Fee amount charged in Texas is about $2,000 per SFE. So how a Road Impact Fee if in place would have generated funds for capacity addition? To do this, Staff compiled all of the development projects data in the last four years beginning FY2008- 09, and determined what could have been assessed as Road Impact Fees in these years for a $1500 or a $2000 Road Impact Fee. This was then compared to what was exacted using the current DDC requirements. These values are shown in the table below; Fiscal Year Road Exactions per DDC Exactions per Road Impact Fee Exactions per Road Impact Fee (based on $1,500 SFE) (based on $2,000 SFE) FY 2008 -09 $1,529,673 $2,631,776 $3,501,960 FY 2009 -10 $404,781 $2,143,464 $2,852,190 FY 2010 -11 $838,795 $2,415,024 $3,213,540 FY 2011 -12 $1,399,676 $1,535,986 $2,043,852 Total $4,172,292 $8,726,250 $11,611,542 The funds available for capacity addition to the roadway network with Road Impact Fees would have been significantly higher as demonstrated from the table above. How much it would cost to implement Road Impact Fees in Denton? Based on the cost to implement the Road Impact Fee by several cities in Texas, it is estimated Road Impact Fees implementation could amount to $250,000- $300,000 in Denton. The necessary major state mandated tasks to implement Road Impact Fees are listed below; • Establish Service Areas • Develop Land Use Assumptions • Generate Capital Improvements Plan • Determine Cost per Service Unit • Generate Land Use Equivalency Table • Public Hearing Process — LUA and CIP — Impact Fee and Ordinance Staff has included funding of $300,000 in the FY2013 -14 budget that is currently in the public hearing process for adoption. The combination of Impact Fees and Proportionality Model use in DDC will allow for fair and predictable assessment of road impact exactions, and "Growth paves for Growth ". It will allow for revenue stream that can be pooled and applied to road improvements within a Service Area, and not tied to a specific address location. This will allow a more predictable and efficient use of the capacity related transportation dollars. OPTIONS 1. Continue to implement the current DDC embedded transportation exactions 2. Direct staff to bring additional information on implementation of Road Impact Fees 3. Direct staff to proceed on implementation of Road Impact Fees RECOMMENDATION Staff recommends proceeding on implementation of Road Impact Fees PRIOR ACTION/REVIEW (Council, Boards, Commissions) December 5, 2011: Staff presentation to the City Council regarding supplemental street funding February 6, 2012: Staff presentation to the City Council to provide an update regarding supplemental street funding EXHIBIT 1. Impact Fee Service Areas 2. Impact Fee Road Candidates 3. Impact Fee Eligible Signal & Intersection Improvement Projects 4. DFW cities with Road Impact Fees 5. Impact Fee Benchmarking 6. Road Impact Fee Presentation Respectfully submitted, P-2 . g�7 P. S. Arora, P.E. DRC Engineering Administrator Assistant Director Wastewater EXHIBIT 1 Exhibit 1 EXHIBIT 2 Examples of Arterial Street widening projects that are Road Impact Fee Eligible: Roadway Name Intersection Range Mingo Road Bell Ave to US Hwy 380 Bonnie Brae Road IH 35E to Milam Road Vintage Blvd IH 35W to US Hwy 377 Westcourt Road Airport Road to FM 2449 Jim Christal Road /Oak Street IH 35E to FM 156 Brush Creek Road IH 35W to Country Club Road Hobson Road Country Club Road to Teasley Lane Ryan Road Country Club Road to Teasley Lane Hickory Creek Road Country Club Road to FM 2499 Post Oak Road IH 35E to US Hwy 380 Windsor Drive IH 35E to Cooper Creek Road Western Blvd US Hwy 380 to Airport Road McKinney Street Carroll Blvd to Woodrow Lane Ganzer Road Hopkins Road to FM 2164 Milam Road IH 35E to FM 2164 Shepard Road FM 2164 to FM 2153 Shady Oaks Road Teasley Lane to Woodrow Lane John Paine Road Johnson Road to Vintage Blvd Crawford Road John Paine Road to IH 35W Bell Ave. Dallas Drive to Mingo Road Multiple unnamed arterial streets as shown on the COD Mobility Plan Examples of CollectorStreet widening projects that are Road Impact Fee Eligible: Roadway Name Intersection Range Edwards Road Mayhill Road to Swisher Road Pockrus Page Road IH 35E to Swisher Road Swisher Road Pockrus Page Road to Edwards Road Shady Shores Road IH 35E to Swisher Road Mills Road Mayhill Road to Post Oak Road Trinity Road FM 426 to Post Oak Road Blagg Road Mayhill Road to Post Oak Road Laney Road Mingo Road to Mingo Road Geesling Road Mingor Road to Blagg Road Cooper Creek Road US Hwy 380 to Hartlee Field Road Hartlee Field Road Long Road to Geesling Road Long Road FM 2164 to Loop 288 Loop 288 Collector Road Mingor Road to IH35E Westgate Road IH35E to Bonnie Brae Road Riney Road Bonnie Brae US Hwy 77 Masch Branch Road FM 1173 to Jim Christal Road Thomas Egan Road US Hwy 380 to Jim Christal Road Nail Road US Hwy 380 to Jim Christal Road C Wolfe Road Tom Cole Road to FM 2449 Tom Cole Road C Wolfe Road to FM 2449 Metro Street 135W to Westcourt Road Precision Drive Airport Road to Oak Street Highland Park Road Bonnie Brae Road to Bernard Street Roselawn Road Bonnie Brae Road to Bernard Street El Paseo Street Country Club Road to Belmont Street Creekdale Drive Ryan Road to Thistle Way Audra Lane Loop 288 to Bayfield Street Duchess Drive Mockingbird Lane to Woodrow Lane EXHIBIT 3 Draft List of Signal Improvements that are Road Impact Fee Eligible: • Windsor /Bonnie Brae • Bonnie Brae /US Hwy 77 • Western Blvd /US Hwy 380 • Masch Branch Road /US Hwy 380 • Oak /IH 35E • Airport Road /Dakota Lane • Airport Road /IH 35W • Scripture /Bonnie Brae • Allegra Vista /Dallas Drive • Morse /Woodrow • Colorado /Mayhill • Spencer /Brinker • Brinker /Colorado • Ryan /Country Club • Hickory Creek Road /Country Club Road • Hobson /Country Club • State School Road /Unicorn Lake Blvd • Shady Shores Road /Lakeview Blvd. • Audra /Nottingham • Newman Blvd /Mayhill • Newman Blvd /Loop 288 • Audra Lane /Loop 288 • Audra Lane /Mayhill • Duchess /Loop 288 • Post Oak /US Hwy 380 • Post Oak /FM 426 Draft List of Street Intersection Improvements that are Road Impact Fee Eligible: • Ruddell /US Hwy 380 • Robertson Road /Bell Ave. • Eagle Drive /Bell Ave. • Mingo /Nottingham /Old North Road • McKinney Street /Bell Ave • Dallas Drive /Teasley Lane • Woodrow Lane /Spencer Road • Woodrow Lane /Shady Oaks Road • Nottingham /US Hwy 380 • Spencer Road /Loop 288 • Alice Street /US Hwy 380 • Lakeview Blvd /Shady Shores Road • Sherman Drive /Carroll Blvd. LL V fa Q O H H W •� LJ F U LL. 0 Rt X W Lf) E fa C� U LL 76 4-J Ln 0) LL i7-) 0 i� 0 Ln 0 u LL 4-d u m 0- 0 ryll -#-j U) 41s i's is 6s 0 1.4 susllu,lv)I(q PIRTIUM slapult" 's ma'"am Ilullpolpifij 11411V 1101tull,1V Ill"AT)OW plil sIlIq SPOPH IlIWIf-) �ljujljjllos jjjnbs,aqV lial,wl .lipt"mil-I liu. lalla.X 11) vaH A . 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V N V) L • cn p V a--+ a� o C: .ul ca O V E •— V _0 p V w w -0 C: > 0 u o "0 yn p +-a 4- Ica pia C) C: M E c) c: E L LL E -0 -0 — +j O Ln CU CU a) E CU Ln Ln 0 •— 0- = w w O ca E Ul -j a) _0 ca 3: a) C: a) O > � O a V � a O O _ C: -0 -0 0 C: W m 3: -0 Q� o p � O }, E i -o C .V C: O V Ca C: a-J . — — • — cn c: 0 M ' x +-+ O VO CL ca — i 0 ca O U N DC c O W V LL O }, V O cn _ C: —0 O M }, O m oC —0 4— O E •O E 1--oa O +-' V i a--a V) •- • 0 u Work So,�; oin 5 AGENDA INFORMATION SHEET AGENDA DATE: September 10, 2013 DEPARTMENT: Fire Department ACM: Jon Fortune Ael SUBJECT Receive a report, hold a discussion, and give staff direction regarding LEED (Leadership in Energy and Environmental Design) certification for the design and constriction of Fire Station 2. BACKGROUND On August 20, 2013, the Council awarded a professional services contract to Kirkpatrick Architectural Studio (KAS) for the architectural design of Fire Station 42 currently at 3309 East McKinney Street. At the City Council meeting on August 20, 2013, Council asked several questions regarding the LEED certification process and the expenditure of the $165,000 in the contract to achieve this certification. Council requested the architect be available at a work session to answer LEED questions. James Kirkpatrick and David Robinson of KAS will be available to respond to Council at this work session. KAS has broken out the $165,000 as follows: ESTIMATED LEED DESIGN AND CERTIFICATION COSTS FOR FIRE STATION #2 LEED Project Administration & Documentation for KAS & Consultants $87,200 Documentation for LEED submittal Additional meetings and coordination Additional submittal review Additional construction administration Revisions to LEED documentation & construction documents for LEED review Commissioning $53,300 Includes Basic and Enhanced Daylight & Energy Modeling $12,000 LEED Registration, Review, and Interpretation Requests $4,500 Soil Testing Required for Geo- Thermal HVAC $8,000 It should be emphasized that the $165,000 is for design and certification. Any additional constriction money required to pursue individual credits will be evaluated. "Low hanging fruit" credits or credits already aligned with the City's program will be pursued. These are cost neutral. Other credits will be evaluated on the basis of cost effectiveness or aligning Page 1 of 4 with City priorities. The constriction cost of the two LEED stations that KAS has recently designed and built in Oklahoma were in line with other non -LEED stations. KAS and the Fire Department's design committee are working on the design process for this reconstruction. However, before KAS and Fire Department staff can complete final design, we request direction from the City Council regarding whether or not the City should pursue specialized certification from Leadership in Energy and Environmental Design (LEED ®). The architect and staff have made a commitment to design a fire station that is sustainable and green that substantially achieves the requirements of LEED. Now the question of LEED certification at a cost of $165,000 needs to be addressed by the City Council as a policy decision. Does the City of Denton desire to have LEED certification for Fire Station 42 to accomplish substantial compliance with LEED or other green building standards? What return on this substantial investment will be gained? Staff would recommend that some of these LEED design costs be considered even if the City Council chooses not to do a LEED certified fire station. This would include energy modeling, commissioning and soil testing for geo- thermal. What is LEED Certification? A key tool in building green is a voluntary certification known as Leadership in Energy and Environmental Design (LEED ®), a program launched by the U.S. Green Building Council (USGBC) representing all segments of the building industry. Denton Fire Station 47 which was designed by KAS is a LEED gold certified fire station, the first fire station in Texas to achieve that LEED rating. Staff and KAS have reviewed what aspects of LEED worked at Station 47 and what did not work to make sure the new design for Station 42 does not repeat LEED points that did not work in the 24 -hour operation of a fire station. However, Station 47 certainly serves as a prototype of a sustainable and green fire station that we desire. The only question is does it have to be certified. The LEED Green Building Rating System is a voluntary, consensus -based national standard for developing high- performance, sustainable buildings. Sustainability is ecologically compatible design with a natural systems approach based on a dynamic system of values that will continually redefine itself over time. LEED was established to accomplish the following goals: • Define "green building" by establishing a common standard of measurement. • Promote integrated, whole building design practices. • Recognize environmental leadership in the building industry. • Stimulate green competition. • Raise consumer awareness of green building benefits. LEED has quickly become recognized as a "best practices" standard for green building design and operations. Used in the commercial, institutional and residential building markets, the LEED system is a complete framework for planning and assessing a building's performance and environmental sustainability. The LEED system recognizes achievements Page 2 of 4 and promotes expertise in green building through a comprehensive system of project certification, professional accreditation, training and practical resources. LEED certification emphasizes state -of -the -art strategies for sustainable site development, water savings, energy efficiency, materials selection and indoor environmental quality. LEED is a flexible, point - driven certification of buildings that sets values for design features, constriction processes and energy use. LEED organizes green building measurements into six specific categories by which sustainable design can be measured. 1. Sustainable sites 2. Water efficiency 3. Energy and atmosphere 4. Indoor environmental quality 5. Materials and resources 6. Innovation and design What are the Benefits of a LEED Designed (not necessarily "certified') Fire Station? The City of Denton and Denton Fire Department have made a commitment to sustainable and green facilities. LEED provides the guidance and direction to achieve that goal. However, LEED design does not necessarily mean it must be certified. LEED design offers the opportunity to create an environmentally sound and resource - efficient fire station by using an integrated approach to design that is sensitive to natural resources and their protection. Productivity savings that could be realized are very significant for fire stations because the building is used 24 hours a day, 7 days a week. As energy costs continue to rise, so does the popularity in green buildings. This new direction in building is designed to conserve energy, building materials, land and more while providing tenants with a better place to live and work. It is not only good for the environment, but also has other significant benefits: cost savings from reduced energy and water use; reduced waste; lower operations and maintenance costs; and enhanced occupant productivity and health. A healthful environment at the fire station enhances the health and well being of the crews who live and work there for twenty -four hours at a time. Specifying constriction materials and interior - finish products with zero or low emissions improves indoor air quality. Many building materials and cleaning/maintenance products emit toxic gases, like formaldehyde, which can have a negative effect on firefighters' health and productivity. Selecting materials resistant to microbial growth can prevent microbial contamination. Adequate ventilation, heating and cooling systems promote comfortable work and living environments. Can we use the LEED design and certification for future fire stations if this is a prototype? USGBC does have a LEED rating system for prototypes, but it is designed for major corporations that open tens of stores a year. The example given by USGBC was of a bank, utilizing a prototype and just adjusting the plans for site adaptation. Page 3 of 4 What value does the LEED certification represent? As Council has previously discussed, LEED certification shows the Owner's commitment to the sustainable built environment is such that they are willing to have their efforts evaluated and certified. For municipalities, it shows a commitment from design through constriction. This is not to suggest that the sustainable goals cannot be achieved without being LEED certified. If you have any questions please give me a call at (940) 349 -8830. Respectfully Submitted: Ross Chadwick Fire Chief Page 4 of 4 woo Ik seG,G k)11r� 6 AGENDA INFORMATION SHEET AGENDA DATE: September 10, 2013 DEPARTMENT: Finance ACM: Bryan Langley �_A SUBJECT Receive a report, hold a discussion, and give staff direction regarding the 2013 -14 Proposed Budget, Capital Improvement Program and Five -Year Financial Forecast. BACKGROUND The FY 2013 -14 City Manager's Proposed Budget was submitted to the Council on July 26, 2013. Staff provided the City Council with a comprehensive overview of the proposed budget at a Budget Work Session on August 1, 2013. In addition, the City Council has also held work sessions on the proposed budget on August 5, 6, 13, and 20. During the above mentioned meetings, the City Council asked a number of questions and requested a variety of information concerning the budget proposal. In response to the questions, staff provided a memorandum to the City Council on August 13 and August 20 to detail the questions and answers that staff had compiled. In Exhibit 1, a third memorandum is provided to summarize the remaining questions and answers that had not been previously provided to the City Council. Additionally, Exhibit 2 displays a revised Budget Resource and Expenditure Summary for FY 2013 -14 based on the budgetary changes proposed to date by City Council. This page is a revision to page 57 in the proposed budget. These changes will be discussed during the presentation and ensuing discussion on this item. As part of the FY 2013 -14 budget process, staff presented an updated version of the Strategic Plan to the City Council for consideration. In response to feedback received from the City Council, staff revised Key Focus Area I- Organizational Excellence, goal 4, to read "Achieve a high level of customer satisfaction ". In addition, two more objectives under this goal have been added. These objectives are to "provide exemplary customer service" and to "seek creative means to help customers achieve their goals ". Further, based on City Council feedback, staff has added the "seek creative means to help customers achieve their goals" objective to goals 1 and 2 of Key Focus Area 3 — Sustainable Economic Development and Environmental Stewardship. Additionally, staff also provided the City Council with the FY 2013 -14 proposed Key Performance Indicators (KPIs) for each of the Strategic Plan goals. After discussing the KPIs with the City Council, and additional staff review, staff is proposing that the Code Enforcement KPIs on KFA 4 be changed to reflect a percentage of activity rather than a specific target amount. The updated Strategic Plan and KPIs are attached as Exhibit 3. The formal adoption of Agenda Information Sheet September 10, 2013 Page 2 the FY 2013- 14Strategic Plan is scheduled for City Council consideration on September 17, 2013. The City Council approved an amended Public Art Policy at their meeting of August 20, 2013. The FY 2013 -14 Proposed Budget included funding of $80,000 in the current fiscal year for a public art master plan. A separate public art fund is not included in the FY 2013 -14 Proposed Budget. It is anticipated that this fund will be established during the FY 2014 -15 budget process after completion of the master plan. Below is the planned schedule to adopt the budget and tax rate: September 10 Work Session on Proposed Budget 2" a Public Hearing on Tax Rate September 17 City Council Considers Budget and Tax Rate I look forward to discussing the budget materials in detail with you. If you have any questions, or need additional information, please let me know. EXHIBITS 1. Question and Answer Memorandum 2. Revised Budget Resource and Expenditure Summary 2013 -14 3. Draft FY 2013 -14 Strategic Plan 4. Presentation Respectfully Submitted: Chuck Springer, 349 -8260 Director of Finance Exhibit 1 MEMORANDUM DATE: September 10, 2013 TO: Honorable Mayor and Members of the City Council FROM: Chuck Springer, Director of Finance SUBJECT: City Council Budget Workshop Questions and Responses City Council Work Sessions regarding the FY 2013 -14 Proposed Budget and Five Year Forecast have occurred on August 1, August 5, August 6, August 13, and August 20. The City Council was presented with a memorandum of budgetary questions and responses on August 13 and August 20. The third round of budgetary questions and responses are presented below for City Council consideration. 1. What is the cost of establishing a gas well air and water quality monitoring system? The total cost estimated in the supplemental package for air and water quality monitoring is $407,000. For air monitoring, the program includes $362,500, which is enough to cover the air quality monitoring approach that Modern Geosciences presented to Council for all gas well sites in the city once per year (approximately 275 pad sites currently). The remainder of the proposed supplemental package ($44,500) would be used for ground water monitoring. Current estimates for ground water monitoring include a one -time fee of $6,000 for a sampling plan and $1,200 41,950 per sampled water well. The agenda for September 10th includes a closed session item for discussion with the City Attorney on this issue. 2. What are the total fees for constructing an average new single family home? Total permit fees for an average ($277,000) new residential home in a typical subdivision are shown in the following chart: Description Department Fee Fee Building Permit Building Inspections $1,187 Plan Review Fee Building Inspections 60 Fence Permit Building Inspections 35 Neighborhood Park Land Development Fee Parks and Recreation 291 Temporary- Power Pole Permit Utilities 15 Water Meter & Loop Utilities 305 Total $1,893 Question and Answer Memorandum September 10, 2013 Page 2 of 3 The Water and Wastewater Departments charge impact fees that are currently under a required five year review and will be presented to Council in the coming weeks. Impact fees are broken out into two zones which are shown below, and please reference attachments ( "A" Water) and ( "B" Wastewater) for corresponding maps of each zone: Water Wastewater Zone 1 $3,400 $1,700 Zone 2 $4,000 $1,760 The most common zone for new constriction is Zone 1 for both water and wastewater impact fees. The total fees paid by an average new residential home including impact fees of $5,100 (Zone 1) would total $6,993. 3. What vendors did staff contact to estimate the costs for a 311/ CRM system? The vendors listed below were contacted by the 311 /CRM task force. They are broken out by those that provided cost estimates and those that did not provide cost estimates. Provided cost estimate: • Public Stuff • Oracle • Salesforce • Gov QA • SAP Urban Matters • iService Global No estimate provided: • Microsoft Dynamics • Netsuite • Aplicor • Government Outreach Software • QScend Technologies (QAlert) 4. What is the impact on total revenues for roadway improvements if road impact fees are implemented? A presentation is scheduled for the September 10th Work Session to answer this question and give additional background on roadway impact fees. Question and Answer Memorandum September 10, 2013 Page 3 of 3 5. What are staffs recommendations for increasing street maintenance funding from current levels? A presentation is scheduled for the September 10th Work Session that includes staff recommendations on increased street maintenance funding. This presentation is an attachment to this agenda item. 6. What are the proposed changes to Parks and Recreation fees? A memorandum (Attachment "C "), outlines the proposed changes made to the current schedule. Although no work session is scheduled on this item, staff is prepared to answer any questions on the proposed fee changes. The proposed fee changes are currently scheduled for consideration at the September 17th Council meeting. These fees have been approved by the Parks Recreation and Beautification Board for City Council consideration. JIM CHRISTAL Attachment ,,,,A Water Impact Fee Zones Current 2 Zones FM 1173 w z z MILAM N FM 2449 V VC)" k" „p@11GnmD� ° " " " °'a V HOBSON uug y Zan� w K /�' imnm m A o RANCH 266 TU ICKORY i Attach ment���B ,.­ Wastewater Impact Fee Zones Current 2 ZonesI FM 11 JIM CHRISTAL w z z I t Illlyi gq� ROS ELA1n�fil1 lilt B�ffi��. IIOO I d m FM 2449 HOBSON Y E w K F O m O RANCH 266 ICKORY IIIIIO .. "I �U I Attachment C Memorandum Date: August 27, 2013 To: Chuck Springer, Director of Finance From: Amanda Green Subiect: Fee Schedule Chances As part of the budget process this year the Parks and Recreation Department is proposing several new or increased fees. The increased fees will only impact the users of the services, instead of the general tax payers, helping prevent an increase in taxes for all citizens. Proposed fee changes have been approved by the Parks, Recreation and Beautification Board and will be presented to Council on the consent agenda on September 17, 2013. Specifically, fees are adjusted as follows: The rental fee changes listed below will result in an increase to General Fund of $6,000. • Increase in rental rates: • Large Pavilion rental rate from $50.00 to $60.00 for residents and $65.00 for non- residents, for a 4 hour rental. • Small Pavilion rental rate from $25.00 to $35.00 for residents and $40.00 for non- residents, for a 4 hour rental. • Athletic Field tournament rental from $850.00 to $1,000.00 per complex for tournaments The Natatorium fee changes listed below will result in an increase to the General Fund of $4,000. • Non - Resident pricing will change to be consistent with Department standard of $5.00 additional for monthly and bi- monthly passes and $15.00 for annual family passes. • Natatorium Daily Admission Changes (Resident/Non Resident) • Ages 12+ from $3.50/$5.00 to $4.00/$5.00 and adjust age to 16+ Attachment C • Ages 6 -11 from $2.50/$3.00 to $3.00/$4.00 and adjust age to 3 -15 years • Ages 2 -5 eliminated due to age adjustments above • Children 2 and under, free ■ Natatorium Pass Fee Changes • Individual (Resident/Non Resident) 0 1 Month from $15.00/$20.00 to $20.00/$25.00 0 4 Month from $45.00/$60.00 to $60.00/$70.00 o Annual from $90.00/$120.00 to $120.00/$13 5.00 • Family (Resident/Non Resident) 0 1 Month from $40.00/$50.00 to $40.00/$45.00 0 4 Month from $120.00/$150.00 to $120.00/$130.00 o Annual from $250.00/$325.00 to $250.00/$265.00 • Punch Card Fee Changes 0 10 Visits • Ages 12+ from $28.00/$40.00 to $30.00/$35.00 and adjust age to 16+ • Ages 6 -11 from $20.00/$24.00 to $25.00/$30.00 and adjust age to 3 -15 years • Ages 2 -5 eliminated due to age adjustments above o 20 Visits • Ages 12+ from $56.00/$80.00 to $60.00/$65.00 and adjust age to 16+ • Ages 6 -11 from $40.00/$48.00 to $50.00 /$55.00 and adjust age to 3 -15 years • Ages 2 -5 eliminated due to age adjustments above • Addition of Natatorium to All Access Fitness Passes at Recreation Centers 0 1 Month for $10.00 /$15.00 0 3 Month for $25.00/$30.00 o Annual for $75.00/$80.00 The Water Park fee changes listed below will result in an increase to the General Fund of $1,000. • Individual (Resident/Non Resident) • 1 Month from $25.00/$30.00 to $30.00/$35.00 • Annual from $75.00/$90.00 to $75.00/$80.00 • Family (Resident/Non Resident) • Addition of 1 Month for $85.00/$90.00 • Annual from $225.00/$275.00 to $225.00/$240.00 Attachment C • Addition of All Access Natatorium /Water Works /Civic Center Pool Pass • Individual for $140.00/$145.00 • Family for $390.00/$405.00 ■ Water Park Rental Fee Changes • Change in attendance numbers for 2 Hour Park Rental from 1,000 guests for $1,200 to 0 -600 guests for $1,200 • Park Rental for 600 -800 guests $1,300 • Park Rental for 800 + guests $1,400 The changes to non - resident rates listed below will result in an increase to the General Fund of $1,000. ■ Civic Center hourly rentals • Rotunda (weekdays)$80.00 /$85.00 and $100.00 /$105.00 (weekends) • Meeting room 1 (weekdays) $25.00/$30.00 and $35.00/$40.00 (weekends) • Meeting room 2 (weekdays) $35.00/$40.00 and $45.00/$50.00 (weekends) • Rooms 1 & 2 (weekdays) $50.00 /$55.00 and $65.00/$70.00 (weekends) • Community Room (weekdays) $50.00 /$55.00 and $65.00/$70.00 (weekends) • All meeting rooms (weekdays) $95.00/$100.00 • Plaza $25.00/$30.00 • Kitchen $15.00/$20.00 • Entire facility (weekdays) $170.00/$175.00 and $220.00/$225.00 (weekends) • Regional Park Rental • North Lakes $300.00/$350.00 for 4 hour rental • Additional hour $75.00/$80.00 • Maximum daily rate $750.00/$800.00 • South Lakes $300.00/$350.00 for 4 hour rental • Additional hour $75.00/$80.00 • Maximum daily rate $750.00/$800.00 • Quakertown Park Rental • North Side (Civic Center Pool) for 4 hour rental $750.00/$800.00 o Additional hour $187.50/$192.50 Attachment C o Maximum daily rate $1,500.00/$1,600.00 • South Side (City Hall) for 4 hour rental $750.00/$800.00 • Additional hour $187.50/$192.50 • Maximum daily rate $1,500.00/$1,600.00 • Park Vendor fees: o For special events with more than 5 vendors, the event organizer is responsible for park vendor fee collection and payment. This item will come to Council as a consent agenda item. Parks staff will be available to answer any questions you may have. Exhibit 2 General Fund $ 88,765,471 $ 94,320,286 $ 93,766,252 $ 99,035,260 General Debt Service Fund 39,759,903 40,462,208 40,526,010 44,277,495 Electric Fund 132,461,227 158,987,525 158,140,589 168,359,750 Water Fund 39,656,473 43,867,930 42,539,724 42,905,805 Wastewater Fund 24,954,688 28,252,407 27,492,465 30,327,234 Solid Waste Fund 22,749,074 25,147,589 24,267,123 26,353,035 Airport Fund 2,056,903 2,492,925 2,138,560 2,779,363 Technology Services Fund 7,900,249 8,972,973 8,972,349 8,862,772 Materials Management Fund 5,725,480 7,438,866 7,438,866 9,927,952 Fleet Management Fund 9,919,782 12,867,975 11,421,213 13,776,595 Risk Retention Fund 2,547,478 2,719,945 2,626,390 3,020,448 Health Insurance Fund 20,760,676 21,812,160 20,956,648 25,355,219 Engineering Services Fund - - - 4,223,144 Street lmprovementFund 7,067,476 7,158,774 7,158,774 8,204,203 Recreation Fund 1,605,350 1,950,348 1,805,318 2,086,848 Tourist & Convention Fund 1,561,592 1,508,740 1,855,129 1,916,777 Police Confiscation Fund 387,237 185,500 301,900 452,200 Traffic Safety Fund 859,432 913,200 968,075 1,608,000 Parks Gas Well Fund 350,000 800,000 794,500 153,500 Miscellaneous Fundsiii 2,784,929 984,191 1,026,363 4,070,751 TOTAL OPERATING RESOURCES $ 411, 873, 420 $ 460, 843,542 $ 454,196,248 $ 497,696,351 Grant Program 2,839,382 6,296,010 3,769,247 4,766,074 Capital Improvements Program (L) 60,850,061 278,909,663 78,118,439 323,657,313 TOTAL RESOURCES $ 475,562,863 $ 746,049,215 $ 536,083,934 $ 826,119,738 General Fund $ 87,353,397 $ 94,320,286 $ 93,766,252 $ 99,035,260 General Debt Service Fund 39,214,545 39,913,999 39,706,506 44,277,495 Electric Fund 128,773,530 158,987,525 158,140,589 168,359,750 Water Fund 36,745,030 43,867,930 42,472,426 42,905,805 Wastewater Fund 23,889,636 28,252,407 27,492,465 30,327,234 Solid Waste Fund 22,735,300 25,124,689 24,267,123 26,312,990 Airport Fund 1,659,771 2,492,925 2,138,560 2,779,363 Technology Services Fund 7,900,249 8,972,973 8,972,349 8,862,772 Materials Management Fund 5,698,693 7,438,866 7,438,866 9,927,952 Fleet Management Fund 9,667,751 12,819,861 11,147,161 13,725,975 Risk Retention Fund 2,270,491 2,719,945 2,607,045 3,020,448 Health Insurance Fund 20,760,676 21,812,160 20,956,648 25,355,219 Engineering Services Fund - - - 4,067,969 Street lmprovementFund 6,075,534 7,158,774 7,158,774 8,204,203 Recreation Fund 1,605,350 1,950,348 1,805,318 2,086,848 Tourist & Convention Fund 1,300,879 1,508,740 1,508,740 1,916,777 Police Confiscation Fund 128,474 155,000 150,500 446,730 Traffic Safety Fund 759,461 896,505 893,209 1,479,740 Parks Gas Well Fund 350,000 800,000 794,500 140,500 Miscellaneous Fundsiii 2,451,918 594,427 674,111 3,948,469 TOTAL OPERATING EXPENDITURES $ 399,340,684 $ 459,787,360 $ 452,091,142 $ 497,181,499 Grant Program 2,839,382 6,296,010 3,769,247 4,766,074 Capital Improvements Program (L) 60,850,061 278,909,663 78,118,439 323,657,313 TOTAL EXPENDITURES $ 463,030,127 $ 744,993,033 $ 533,978,828 $ 825,604,886 ")Miscellaneous Funds include the'Tree Mitigation Fund, Public Education Government Fund, McKenna'Trust Fund, Downtown 'Tax Increment Reinvestment Zone Fund, Westpark'Tax Increment Reinvestment Zone Fund, Miscellaneous Special Revenue Funds, Park Land Dedication' Trust Fund, Park Development'Trust Fund, Non - Airport Gas Well Fund, and Downtown Reinvestment Fund. 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The Audit/Finance Committee recommends approval (3 -0). BACKGROUND The most significant expenditures in the Animal Control Donation Fund are for animal adoption and veterinary fees. In FY 2012 -13, the budgeted amount for veterinary costs will not be sufficient to cover the anticipated expenses. Veterinary costs are higher than projected due to increased animal adoption donations. In FY 2012 -13 animal adoption donations have been in excess of $130,000 through June 30, 2013. These donations are used to pay for veterinary fees, which are shown as expenditures in the Animal Control Donation Fund. The original FY 2012 -13 expenditure budget for Animal Control donations was $30,000. This budget amendment will allow the Animal Control Donation Fund additional expenditure authority needed to provide for the increased donations and associated expenditures. For FY 2013 -14, the proposed budget for the Animal Control Donation Fund is $170,000 in revenues and expenditures. PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS) On August 20, 2013 the Audit/Finance Committee reviewed this item and recommended approval to the City Council by a vote of 3 -0. RECOMMENDATION Staff recommends that the City Council approve the attached ordinance adjusting the Animal Control Donation Fund Budget for FY 2012 -13. Agenda Information Sheet September 10, 2013 Page 2 EXHIBITS 1. Excerpt of Draft Minutes from the August 20, 2013 Audit/ Finance Committee Meeting 2. Ordinance Respectfully submitted: C.h"k � (3 , Chuck Springer, 349 -8260 Director of Finance Exhibit 1 AUDIT/FINANCE COMMITTEE August 20, 2013 DRAFT MINUTES 4. Receive a report, hold a discussion, and give staff direction regarding a budget amendment for the Animal Control Donation Fund in FY 2012 -13. Springer briefly explained that this is a special revenue fund designed to reduce the cost of animal adoption. In prior years, the fund was budgeted around $30,000 annually. Due to the fundraising for the new Animal center this year and increased visibility, donations have increased significantly. This will amend revenues and expenditures increasing them to $250,000. Budgeted for next year is $170,000 of revenues and expenditures. The purpose of this amendment is to remain in compliance with the auditors when they review our expenditures and revenues compared to budget. Committee Chair King stated that the purpose of this item is to merely spend a donation and if we didn't make this allowance for this change, it would look like we were vastly over budget even though the amount is driven by donations. So this technicality is an appropriate step. Springer responded, yes. Council Member Roden asked how this is related to the new stricture for annual donations discussed at Council Work Session. Scott Fletcher responded the changes made will lessen the impact on the budget by lowering the expenditures for the Animal Shelter next year. Most of the fundraising from the Shelter Foundation was used to cover half of the adoption fees. Council Member Hawkins inquired as to how the amount of $250,000 was chosen. Springer responded that it was a high end estimate to ensure budgetary authority was not exceeded. Council Member King motioned and Council Member Roden seconded the motion and this item be forwarded to City Council. Motion carried unanimously. Springer stated that this item will be on the agenda for September 10, 2013 Council meeting. 1 Exhibit 2 s: \legal \our documents \ordinances \13 \budget amendment - animal control fund.docx ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE FISCAL YEAR 2012 -13 BUDGET AND ANNUAL PROGRAM OF SERVICES OF THE CITY OF DENTON TO ALLOW FOR AN ADJUSTMENT TO THE ANIMAL CONTROL DONATION FUND OF TWO HUNDRED TWENTY THOUSAND DOLLARS ($220,000) FROM THE ORIGINAL BUDGET AMOUNT OF THIRTY THOUSAND DOLLARS ($30,000) TO TWO HUNDRED AND FIFTY THOUSAND DOLLARS ($250,000) TO PROVIDE FOR ADDITIONAL EXPENDITURE AUTHORITY RELATED TO VETERINARY CONTRACT COSTS; DECLARING A MUNICIPAL PURPOSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN OPEN MEETINGS CLAUSE, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No. 2012 -193, the City Council of Denton, Texas, approved the Fiscal Year 2012 -2013 Budget and Annual Program for Services (the "Budget "); and WHEREAS, the Animal Control Donation Fund has a significant increase in revenue over the initial budget, and a related increase in expenditures to pay the veterinarian contracts; and WHEREAS, it serves a municipal purpose that the Budget be amended to allow for an adjustment of $220,000 to the Animal Control Donation Fund to provide additional expenditure authority related to increased expenditures; and WHEREAS, the City Council finds that this Budget Amendment also serves an important municipal purpose already contemplated as eligible items for expenditure in the current Budget, consistent with Section 102.010 of the Texas Local Government Code and other applicable laws; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings set forth in the above preamble to this ordinance are true and correct and are hereby adopted. SECTION 2. The Fiscal Year 2012 -2013 Budget and Annual Program for Services is hereby amended by the City Council to allow for an adjustment to and increase in the Animal Control Donation Fund budget of Two Hundred and Twenty Thousand Dollars ($220,000) from the original budget amount of Thirty Thousand Dollars ($30,000) to Two hundred and Fifty Thousand Dollars ($250,000) to provide for additional expenditure authority related to increased expenditures. SECTION 3. This ordinance shall be filed with the City Secretary, who is directed to attach a copy of this ordinance to the Fiscal Year 2012 -2013 Budget and Annual Program of Services and to file a copy of this ordinance with the County Clerk of Denton County. Exhibit 2 sAlegal \our documents\ ordinances \13 \budget amendment - animal control fund.docx SECTION 4. This ordinance was approved by at least five members of the City Council as required by Section 8.08 of the City Charter. SECTION 5. If any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or the application thereof to any person or under any circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 6. It is officially found and determined that the meeting at which this ordinance was passed was open to the public as required by law, and the public notice of the time, place and purpose of this meeting was given as required by law. SECTION 7. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2013. ATTEST: JENNIFER WALTERS, CITY SECRETARY Kul APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 2 MARK A. BURROUGHS, MAYOR AGENDA INFORMATION SHEET AGENDA DATE: September 10, 2013 DEPARTMENT: Finance ACM: Bryan Langley �-A SUBJECT Consider adoption of an ordinance of the City Council of the City of Denton, Texas, amending the City's Fund Balance Policy; and providing an effective date. The Audit/Finance Committee recommends approval (3 -0). BACKGROUND The City adopted a formal fund balance policy in order to meet the requirements of Governmental Accounting Standards Board (GASB) Statement No. 54 — "Fund Balance Reporting and Governmental Fund Type Definitions" on September 20, 2011. This policy was necessary to meet the new requirements of GASB Statement No. 54 and additionally set fund balance targets for the City's General Fund as well as working capital and rate reserve targets for the City's utility funds. This item is being presented in order to consider changes to the rate reserve targets set for the Electric, Water and Wastewater Funds. No other changes to the Fund Balance Policy are proposed. In 2011, the policy set minimum rate reserve targets of 12% of expenses for the Electric and Wastewater Funds, and 16% of expenses for the Water Fund. The attached revised policy would make the following changes to the rate reserve levels for these three funds to set a range instead of simply a minimum: • Electric Fund — range of 8% to 12% • Wastewater Fund — range of 12% to 16% • Water Fund — range of 17% to 25% The recommended rate reserve levels vary based on the operational characteristics of each utility fund. The proposed rate reserve levels are consistent with the funding parameters that have been discussed with the Public Utilities Board (PUB) during the development of the FY 2013 -14 Budget. These new reserve ranges are proposed in the FY 2013 -14 Proposed Budget under reserve levels within the Utility Funds. PRIOR ACTION/REVIEW On August 20, 2013, the Audit/Finance Committee discussed this item and recommended approval to the City Council by a vote of 3 -0. Agenda Information Sheet September 10, 2013 Page 2 RECOMMENDATION Staff recommends that the City Council approve the fund balance policy which is incorporated into the attached ordinance. EXHIBITS 1. Excerpt of draft minutes from August 20, 2013, Audit/Finance Committee Meeting 2. Ordinance and Revised Fund Balance Policy Respectfully Submitted: Chuck Springer 349 -8260 Director of Finance Exhibit 1 AUDIT/FINANCE COMMITTEE August 20, 2013 DRAFT MINUTES 5. Receive a report, hold a discussion, and give staff direction regarding the adoption of an ordinance revising the City's Fund Balance Policy. Springer explained that this item goes back to 2011 and is partially required by GASB 54 covering Fund Balance Reporting. Springer pointed out the last few paragraphs on the 2" a page of the fund balance policy explains the General Fund having a minimum balance of 15 -20 %. If the balance drops below the 20 %, the ordinance recommends raising the balance. Springer is not proposing any changes to this area but would like to propose a change to the second paragraph for non - governmental fund balances for Utility Funds. In 2011 a minimum reserve target was set at 12% for Electric and Wastewater Funds and 16% for the Water Fund. We would like to change the percentages to a range. The Electric Fund would now have a range of 8 -12% of reserves, the Wastewater Fund 12 -16 %, the Water Fund 17 -25% with no changes to the Landfill. In summary, the only change in the policy is the new reserve levels that are requested for those three Utility Funds. Springer mentioned that Howard Martin, Assistant City Manager, was here to answer any specific questions as to why these changes are recommended. Springer explained that the staff recommends this item to be brought before Council if the Audit/Finance Committee chooses to move forward. Council Member King asked why a range versus a specific rate? Martin responded that this gives more flexibility than a straight minimum from a planning standpoint. Council Member Roden noticed the difference in numbers from 2011. Inquired as to why the Water and Wastewater Funds are both going up where the Electric Fund is technically going down in comparison to the other funds? Martin responded that the intent of reserve for the Electric fund is different from Water and Wastewater Funds. The number one issue with the Electric Fund is the TMPA pay -off and this is why we put together such a reserve. Once the TMPA pay -off is accomplished in the year 2018, we will not need quite the reserve we have today and be able to start looking into things like replacement power. This strategy is very different than the strategy for the Water and Wastewater Funds which is primarily weather and aging infrastructure related. In the Wastewater Fund, we are looking at an administrative order with a possible increase in Capital Program as a result. Council Member Roden motioned and Council Member Hawkins seconded the motion for these items to be forwarded to City Council for consideration. Motion carried unanimously. 1 Exhibit 2 s: \legal \our documents \ordinances \13 \fund balance policy proposed ordinance.doc ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AMENDING THE CITY'S FUND BALANCE POLICY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Governmental Accounting Standards Board ( "GASB ") has adopted Statement 54, a new standard for governmental fund balance reporting and governmental fund type definitions that became effective in governmental fiscal years starting after June 15, 2010; and WHEREAS, the City Council of the City of Denton adopted a "Fund Balance Policy" on September 20, 2011 with passage of Ordinance No. 2011 -157; and WHEREAS, the City Council of the City of Denton desires to amend its "Fund Balance Policy" specifically for non - governmental fund balances; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council hereby amends the policy entitled "Fund Balance Policy," attached hereto and made a part hereof, as an official policy of the City of Denton, Texas. SECTION 2. The attached amended Policy shall be filed in the official records with the City Secretary. 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 VIN APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: f� Exhibit 2 CITY OF DENTON FUND BALANCE POLICY (Revised 9/17/2013) Purpose and Overview The purpose of this policy is to establish guidelines for fund balance levels within each of City of Denton's funds. It is essential that the City maintain adequate levels of fund balance to mitigate financial risk that can occur from unforeseen revenue fluctuations, unanticipated expenditures, or adverse circumstances. The fund balance level is also designed to provide an appropriate amount of working capital for the City's general operations. In general, the City of Denton should strive to avoid appropriating fund balance for recurring expenses. However, in the event that fund balance is used to support recurring expenses, the budget should clearly identify the uses of fund balance and provide an explanation of the circumstances requiring the use of fund balance. In addition, the budget should also address the future potential uses of fund balance for operating expenditures. Definitions and Categories Fund Balance — Defined as the difference between a fund's assets and liabilities. According to the Governmental Accounting Standards Board (GASB) statement number 54, fund balance must be allocated into one the following five categories: 1. Non - spendable Fund Balance — includes amounts that are not in a spendable form or are legally or contractually required to be maintained intact. Examples include inventory or endowments. 2. Restricted Fund Balance — includes amounts that can be spent only for the specific purposes stipulated by external resource providers either constitutionally or through enabling legislation. Examples include grants and hotel occupancy taxes. 3. Committed Fund Balance — includes amounts that can be used only for the specific purposes determined by a formal action of the government's highest level of decision - making authority. Commitments may be changed or lifted only by the government taking the same formal action that imposed the constraint originally. 4. Assigned Fund Balance — comprises amounts intended to be used by the government for specific purposes. Intent can be expressed by the governing body or by an official or body to which the governing body delegates the authority. In governmental funds other than the general fund, assigned fund balance represents the amount that is not restricted or committed. This indicates that resources in other governmental funds are, at a minimum, intended to be used for the purpose of that fund. 5. Unassigned Fund Balance — is the residual classification of the general fund and includes all amounts not contained in the other classifications. Unassigned amounts are technically available for any purpose. Note: The above fund balance categories only apply to governmental funds. FUND BALANCE POLICY (Continued) Fund Balance Policy C'onnvitted Fund Balance The City Council is the City's highest level of decision - making authority and the formal action that is required to be taken to establish, modify, or rescind a fund balance commitment is an ordinance adopted by the City Council. The ordinance must either adopt or rescind the commitment, as applicable, prior to the last day of the fiscal year for which the commitment is made. The amount subject to the constraint may be determined in the subsequent period. Assigned Fund Balance The City Council authorizes the City Manager or his /her designee as the official authorized person to assign fund balance to a specific purpose approved by this fund balance policy. Order of Expenditure of Fund Balance When multiple categories of fund balance are available for expenditure and approved for use by the City Council (for example, a constriction project is being funded partly by a grant, funds set aside by the City Council, and unassigned fund balance), the City will start with the most restricted category and spend those funds first before moving down to the next category with available funds. Normally this would result in the use of restricted, then committed, then assigned, and lastly, unassigned fund balance. Mlninium Unassigned Fund Balance It is the goal of the City to achieve and maintain an unassigned fund balance in the general fund equal to 20% of budgeted expenditures for unanticipated expenditures, unforeseen revenue fluctuations, or other adverse circumstances. The fund balance level, however, may be reduced to the equivalent of 15% of budgeted expenditures in unusual financial circumstances. However, if such a situation occurs, the City will implement necessary corrective action within a five -year plan to restore the unassigned fund balance to the equivalent of twenty percent (20 %) of budgeted expenditures. Non zgovernmental. snd balances The fund balance categories discussed above do not apply to proprietary funds according to GASB 54. While not required by the GASB, the City recognizes the need to apply a minimum balance policy to the proprietary funds maintained by the City. Therefore, the City shall maintain a minimum ending working capital balance (current assets minus current liabilities) of at least eight percent (8 %) of budgeted expenditures for each of the proprietary funds. If the working capital level should fall below the desired minimum, the City will implement necessary corrective action within a five -year plan to restore the working capital balance to 8% of budgeted expenditures. Additionally, for the Electric, Water, Wastewater, and Solid Waste Funds, rate reserve levels are also established according to the unique operational aspects of each utility. Factors that affect the target rate reserve levels include revenue stability, expense volatility, infrastructure age, debt levels and management plans for the use of the rate reserve funds. The rate reserve levels are intended to minimize the fluctuation in rates due to unforeseen revenue and expenditure variances. The rate reserve level is established at a range of 8% - 12% of expenses for the Electric Fund, at a range of 12% to 16% of expenses for the Wastewater Fund, at a range of, 17% - 25% of expenses for the Water Fund, and at 4% of expenses for the Solid Waste Fund. If the rate reserve balance falls below the desired minimum of the range, the City will implement necessary corrective action within a five -year plan to restore the rate reserve balances to the levels outlined above. AGENDA INFORMATION SHEET AGENDA DATE: September 10, 2013 DEPARTMENT: Finance ACM: Bryan Langley �-A SUBJECT Consider adoption of an ordinance of the City Council of the City of Denton, Texas, amending the Street Improvement Fund; defining and committing certain fees and other revenues of the City to the Street Improvement Fund; providing a severability clause; and providing an effective date. The Audit/Finance Committee recommends approval (3 -0). BACKGROUND On September 20, 2011, the City Council adopted Ordinance No. 2011 -154 which created the Street Improvement Fund, a Special Revenue Fund, and committed specific revenues for this purpose. Adoption of the ordinance was necessary to comply with Statement No. 54 of the Governmental Accounting Standards Board (GASB), which states that Special Revenue Funds are used to account for specific revenue sources that are restricted or committed to expenditures for purposes other than debt service or capital projects. The City Council committed a portion of franchise fees previously accounted for in the General Fund, bond interest savings from the sale or refunding of Utility System (Electric, Water and Wastewater) debt, street cut fees, and other related revenues. Staff has determined that it will be necessary to amend the 2011 ordinance to continue compliance with GASB 54. As such, staff is proposing that the 2011 ordinance be amended to include language that commits franchise fees and other revenues as determined and approved by the City Council each year through adoption of the Annual Program of Services (Annual Budget). The adopted Annual Program of Services will reflect Council's commitment of franchise fees and other revenues each year. This will eliminate the need for Council to approve a new ordinance each year in order to comply with GASB 54. Staff has discussed the proposed amendment with the City's external auditor, Weaver and Tidwell LLP, and they have agreed with staff s recommendation. PRIOR ACTION/REVIEW On August 20, 2013, the Audit/Finance Committee discussed this item and recommended approval to the City Council by a vote of 3 -0. Agenda Information Sheet September 10, 2013 Page 2 RECOMMENDATION Staff recommends that the City Council approve the attached ordinance. EXHIBITS 1. Ordinance No. 2011 -154 2. Excerpt of draft minutes from August 20, 2013, Audit/Finance Committee Meeting 3. Proposed Ordinance Respectfully Submitted: Chuck Springer, 349 -8260 Director of Finance EXHIBIT 1 sAlegahour documentslordinances1111street improvement fund proposed ordinance.doc ORDINANCE NO. 2011 -154 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, ESTABLISHING A STREET IMPROVEMENT FUND; DEFINING AND COMMITTING CERTAIN FEES AND OTHER REVENUES OF THE CITY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton elects to establish a Special Revenue Fund to be called the Street Improvement Fund; and WHEREAS, the Governmental Accounting Standards Board ( "GASB ") has adopted Statement 54, which states that Special Revenue Funds are used to account for and report the proceeds of specific revenue sources that are restricted or committed to expenditures for specified purposes other than debt service or capital projects; and WHEREAS, the City of Denton budgeted $12,839,642 in franchise fees for FY 2010 -11 in the General Fund and the City Council of the City of Denton elects to commit 100% of any increase in franchise fees over the FY 2010 -11 budgeted level to account for street maintenance and improvement activities in the fiscal year ending September 30, 2012; and WHEREAS, the City Council of the City of Denton elects to commit 39.6% of the franchise fees (for example, $5,086,802 based on FY 2010 -11 budgeted revenue) previously accounted for in the General Fund for street maintenance and improvement activities in the fiscal year ending September 30, 2012; and WHEREAS, the City Council of the City of Denton elects to commit street cut fees and other related revenues, including interest income to provide a dedicated funding mechanism to account for street maintenance and improvement activities; and WHEREAS, the City Council of the City of Denton elected to issue Certificates of Obligation in lieu of Utility System Revenue bonds due to the interest cost savings that can be achieved; and WHEREAS, the City Council of the City of Denton has determined that the interest cost savings associated with the issuance of Certificates of Obligation in lieu of Utility System Revenue bonds should be transferred from each of the respective utility funds to the newly created Street Improvement Fund; and WHEREAS, the City Council of the City of Denton elects to commit the interest cost savings from the issuance of Certificates of Obligation to provide a dedicated funding mechanism to account for street maintenance and improvements activities; and WHEREAS, the City Council of the City of Denton elects to commit $921,779 from the General Fund unassigned fund balance for the fiscal year ending September 30, 2011; and s:\legat \our documents \ordinances111 \street improvement fund proposed ordinance.doc WHEREAS, the City Council of the City of Denton elects to establish the Street Improvement Fund in conjunction with its financial statements beginning with fiscal year ending September 30,2012; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council hereby creates the Street Improvement Fund, an official fund of the City of Denton, Texas. SECTION 2. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such validity. SECTION 3. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ��G , day of �%%21��J(� 2011. ATTEST: JENNIFER WALTERS, CITY SECRETARY L-8-11d ;COVED AS TO LEGAL FORM: A BURGESS, CITY ATTORNEY IC Page 2 J MARK A. -BU OUGHS, OR Exhibit 2 AUDIT/FINANCE COMMITTEE August 20, 2013 DRAFT MINUTES 6. Receive a report, hold a discussion, and give staff direction regarding the dedication of certain fees and revenues to the Street Improvement fund. Springer explained that his item also goes back to the GASB requirements in 2011. Under the new riles in order to set up the Street Improvement Fund which is a special revenue fund, specific revenues had to be dedicated and transferred every year. As such, a set percentage of franchise fees were dedicated to the Street Improvement Fund for FY 2010 -11 and FY 2011 -12. At this time, an ordinance for 2012 -13 is needed for adoption. This ordinance has been written to commit a portion of the Franchise Fees to the Street Improvement fund based on Council direction in the budget each year negating the need to re -adopt an ordinance annually. This ordinance also dedicates street cut fees and the interest earnings. In place of setting an amount or percentage of franchise fees, the amount will be based on Council action on the budget each year. In order to have flexibility in the future and increase the amount, this item has been drafted to allow the Council to set the amounts during the Budget process. Once adopted, we will remain in compliance without having to re -set the amount each year. Council Member King stated this item going forward will allow the ratio and percentages from future developments such as Cole Ranch to be captured when we provide utilities. Council Member Roden motioned and Council Member Hawkins seconded the motion and this item be forwarded to City Council. Motion carried unanimously. Springer informed the Committee that this item will also go before Council on September 10, 2013. 1 Exhibit 3 s: \legal \our documents \ordinances \13 \street improvement fund proposed ordinance 2013.doc ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AMENDING THE STREET IMPROVEMENT FUND; DEFINING AND COMMITTING CERTAIN FEES AND OTHER REVENUES OF THE CITY TO THE STREET IMPROVEMENT FUND; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton established the Street Improvement Fund, a Special Revenue Fund, through Ordinance No. 2011 -154 and desires to amend such ordinance to commit certain revenues to the Street Improvement Fund effective October 1, 2012; and WHEREAS, the Governmental Accounting Standards Board ( "GASB ") has adopted Statement 54, which states that Special Revenue Funds are used to account for and report the proceeds of specific revenue sources that are restricted or committed to expenditures for specified purposes other than debt service or capital projects; and WHEREAS, the City Council of the City of Denton elects to commit a portion of franchise fees previously accounted for in the General Fund to the Street Improvement Fund for street maintenance and improvement activities; and WHEREAS, the City Council of the City of Denton elects to determine and approve the specific amounts of franchise fees to be accounted for and committed in the Street Improvement Fund each year through adoption of the Annual Program of Services; and WHEREAS, the City Council of the City of Denton elects to commit street cut fees and other related revenues, including interest income to provide a dedicated funding mechanism to account for street maintenance and improvement activities; and WHEREAS, the City Council of the City of Denton elected to issue Certificates of Obligation in lieu of Utility System Revenue bonds due to the interest cost savings that can be achieved; and WHEREAS, the City Council of the City of Denton has determined the interest cost savings associated with the issuance of Certificates of Obligation in lieu of Utility System Revenue bonds should be transferred from each of the respective utility funds to the Street Improvement Fund; and WHEREAS, the City Council of the City of Denton elects to commit the interest cost savings from the issuance of Certificates of Obligation to provide a dedicated funding mechanism to account for street maintenance and improvements activities; NOW, THEREFORE, Exhibit 3 s: \legal \our documents \ordinances \13 \street improvement fund proposed ordinance 2013.doc THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council hereby defines and commits certain fees and revenues to the Street Improvement Fund, an official fund of the City of Denton, Texas. SECTION 2. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such validity. SECTION 3. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2013. ATTEST: JENNIFER WALTERS, CITY SECRETARY I: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 2 MARK A. BURROUGHS, MAYOR AGENDA INFORMATION SHEET Coinsei,.0 gnr°.. d AGENDA DATE: September 10, 2013 DEPARTMENT: City Manager's Office ACM: Bryan Langley, Assistant City Manager,,,, SUBJECT Consider approval of a resolution of the City of Denton, Texas, adopting a revised City of Denton Handbook for Boards, Commission, and Council Committees; and declaring an effective date. BACKGROUND On November 17, 2009 Council approved a resolution establishing the Handbook for Boards, Commissions and Council Committees. The purpose of the Handbook is to consolidate basic information regarding boards, commissions, and council committees into one easy and convenient manual that will be provided to current appointees and used as a training tool for future appointees. Revisions to the Handbook were approved on October 4, 2011 as the result of several changes /additions to the Handbook. The following revisions are requested to be approved by Council: • Added provisions for communication with City Council • Established the Committee on Citizen Engagement • Restructured the reporting procedures for the Public Art Committee RECOMMENDATION: Staff recommends approval of the resolution adopting the revised Handbook. Once approved, the handbooks will be printed and supplied to Council and all board, commission and committee members. Respectfully submitted: Jennifer Walters City Secretary Attachments: Resolution Revised Handbook for Boards, Commission and Council Committees sAlegahour documents \resolutions \I Rhandbook.doc RESOLUTION NO, A RESOLUTION OF THE CITY OF DENTON, TEXAS ADOPTING A REVISED CITY OF DENTON HANDBOOK FOR BOARDS, COMMISSIONS, AND COUNCIL COMMITTEES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council hereby adopts a revised City of Denton Handbook for Boards, Commissions, and Council Committees, a copy of which is attached hereto. SECTION 2. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of mmIT _ 2011 MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: ... CITY OF DENTON HANDBOOK for BOARDS, COMMISSIONS, and COUNCIL COMMITTEES Approval Date — September 2013 TABLE OF CONTENTS Introduction ............................ .... Denton's Approach to City Government ., ...7 Policies Affecting Service ............................................................... .............................11 Attendance.................................................................................... .............................11 ServiceLimitations ....................................................................... .............................12 Termination of Appointment ..................................................... .............................12 Minutes of Meetings and Attendance Records ........................ .............................12 Advisors, Subcommittees, and Ad -Hoc Committees .............. Overview of Legal Responsibility .................. ......... ........ ......... ........ .............13 SampleForms— ... ......................... ..,..... ............................,.. ............,15 Oathof Office ................................................................................ .............................15 Affirmation of Qualifications ... ........16 Statement of Elected/ Appointed Officer ................................ .............................17 Election of Officers ............ ......... ....... ___ ...... ___ ...... .................... ......... .............19 Conflictsof Interest ......................................................................... .............................21 Chapter 171 Conflict......... ......... ......... .................. ......... ...... .............................21 Incompatibility of Office.—, .............. ......... ......... ......... ..... .............................22 Appearance of Conflict ............................................................... .............................22 Chapter 176 Conflicts Disclosure ............................................... .............................23 Compliance with Texas Open Meetings Law.. ......... ......... .................. ,...,,..25 Open Government Training .............................. ... ...... .......25 Texas Open Meetings Act ............... ............................... ...............27 ............................. What Constitutes a Meeting? ..................................................... .............................27 Notice............................................................................................. .............................28 OpenSessions. . ........ ............... ..... _ ..... __ ...... ............. _.______29 ClosedMeetings ....................................................... n....,.....,........... ......,,.,,,,....,.,........ 30 Recordsof Meetings .................................................................... .............................32 Penalties and Remedies for Violations of the Act... ................ ......................... 32 Conclusion.... .......... ... ... ... ,. .......... .. ....... , .................. ......... .....,..,,....,.... ............33 Procedures for Conducting a Meeting ....... Role of the Chairperson and the Agenda Rulesof Thumb ............ ............................... Procedural Rules of Order ......................... What is a Quorum? ...... ............................... Summary....................... ............................... ......................35 ............................35 ............ .............................35 ............ . .............................36 .......... .. .............................37 ............ .............................37 Guidelines & Rules of Procedure .................................................. .............................39 Creation.................................................. ---- ................................... „..................... 39 Annointments ........................................ . . . . . .................................. .............................39 Purpose.......................................................................................... .............................40 Structure.... ........................... .».,............ .......................... .., ........... , .,, .......................... 40 Communication with City Council ........................... .............................40 Additional Guidelines & Procedures for City Council Committees .................40 Minutes.......................................................................................... .............................41 Boards, Commissions, & Council Committees ........................... .............................43 Judicial or Quasi - Judicial Boards ............................................... .............................43 Civil Service Commission . ................. ................ .......... .......................... 43 Denton Housing Authority Board .................................... .............................43 Health and Building Standards Commission ................. .............................43 Historic Landmark Commission.. ..... .. ... ...... .. ........................ ,.........,...44 Planning & Zoning Commission ...................................... .............................44 Zoning Board of Adjustment ................ .................. ......... ..................... AdvisoryBoards ........................................................................... .............................46 Airport Advisory Board.... ....... ...... ......... ....... ......... .......................46 Animal Shelter Advisory Committee ............................... .............................46 Community Development Advisory Committee ........... .............................46 Downtown Denton Tax Increment Financing Reinvestment Board ........47 Economic Development Partnership Board .................... .............................47 Human Services Advisory Committee ............................ .............................48 LibraryBoard ....................................................................... .............................48 Parks, Recreation & Beautification Board ........................ .............................48 Public Art Committee ......................................................... .............................49 Public Utilities Board ............ --- ............. ............................. .,................ ,........ 49 Traffic Safety Commission..... ..... ......... .......... ....... .....,.,..,........, --- .... 50 City Council Committees ....................... ............................ ......... ..........51 AgendaCommittee ............................................................. .............................51 Audit /Finance Committee ................................................. ............................51. City Council Airport Committee ...................................... .............................51 Committee on Citizen Engagement ................................. .............................52 Committee on the Environment ....................................... .............................52 Council Appointee Performance Review Committee ... .............................52 Council Ethics Committee ................................................. .............................53 Council Mobility Committee ................. .................. ....... ......... ..............53 Hotel Occupancy Tax Committee ..................... .......... ..............,........,.....53 Local and Regional Committees ............................ .............. ............ --- .... ..... ..... ,..55 Community Justice Council ............................................... .............................55 Convention & Visitors Bureau .......................................... .............................55 Dallas Regional Mobility Coalition .................................. .............................55 Denton Committee on People with Disabilities ............. .............................56 Lake Ray Roberts Planning & Zoning Commission ...... .............................56 Regional Transportation Council ..................................... .............................56 Texas Municipal Power Agency Board of Directors ...... .............................57 Miscellaneous Boards and Committees ........................... .............................57 Appendix Appendix i - Code of Ordinances Chapter 2, Art. III §2 -61 to 2- 84....... Appendix ii - Resolution No. R2006 -003 .59 Codeof Ethics .................................... .. ................ ..................... ......... ..........,....63 Appendix iii - Ordinance #2011 -038 Amending Chapter 2, Art. II §2 -29 of the Code of Ordinances ................................................. .............................67 Appendix iv - Committee Resolution No. R2009 -015; R2011 -009; R2012- 026 ............................................................................... .............................83 Audit /Finance Committee City Council Airport Committee City Council Appointee Performance Review Committee Committee on the Environment Ethics Committee Hotel Occupancy Tax (HOT) Committee Mobility Committee Committee on Citizen Engagement Appendix v - History of Handbook Revisions..... . ........... ...... ......................... 101 Resolution R2009 -032 - Original approval Resolution R2011 -036 - General revisions approved Resolution R2012 -026 - Established Committee on Citizen Engagement Resolution R2012 -030 - Added process for communication with Council Resolution R2013 - - - -- - Updated Public Art Committee reporting structure and inclusion of R2012 -026 and R2012 -030 1 1 INTRODUCTION Congratulations on your recent appointment to one of our City's boards, commissions or City Council committees. Discussion in the handbook applies to all City Council appointed citizen boards and commissions and all City Council committees unless stated otherwise. Throughout the document, reference to "boards" should be interpreted to mean "commissions and committees" as well, unless otherwise stated. As the City of Denton continues to grow, so does the need for citizen advice and assistance. This need has led to a growth in the number and importance of citizen boards at City Hall. The City could not function without the outstanding advice, expertise, and time provided by individuals like you who volunteer to serve. The City's boards link the City Council and staff to the citizens of Denton and help keep our city government vital, responsive, and accountable. The basic duty of each board is to apply City policy as expressed in the City Charter, its Code of Ordinances, and through Council directives to individual circumstances and issues placed before the board. Should a policy or directive require clarification, the board should request such from the Council. The handbook is designed to assist you in your service. It consolidates provisions of the City Charter, Code of Ordinances, and other regulations into one place to assist you as a board member. It will provide a general introduction to topics and processes that directly affect members of boards. Keep in mind, not all the provisions will apply equally to every board. In cases of legal liability, for example, members of some boards may be more susceptible than members of other boards. The staff liaison assigned to your board will be able to provide you with more information on the specific duties and responsibilities of the particular board and its members. While no one document could adequately cover all aspects of serving on a board, the handbook has been designed as a basic reference point from which a board member can build an extensive knowledge of his /her responsibilities to the citizenry of Denton. The handbook has been adopted by resolution of the City Council and will be updated from time to time. If any provision of the handbook is in conflict with any Code or Ordinance of the City, then such Code or Ordinance shall prevail. The City Secretary's staff and the City Attorney's staff are available as resources to all boards. Any requests for assistance should be coordinated through the staff liaison assigned to the board on which you serve. Thank you for your interest in serving your community. Your efforts will make Denton a better place to live and work. 1 1 DENTON'S APPROACH TO CITY GOVERNMENT The basic operating document of the City of Denton is the City Charter. The Charter determines the form of municipal government, the composition and powers of the City Council, and contains the basic legal framework necessary for a city to function. Denton's home -rule Charter was adopted on February 24, 1959, and has been modified since then from time to time by the voters. The Charter provides for the operation of municipal functions under the council- manager form of government. Under the council- manager plan, the citizens of Denton elect a City Council, comprised of a mayor and six (6) members. The City Council members are elected with residency requirements for all members. Four Council members are elected from one of four single member districts. The Mayor and two other Council members are elected at- large. The Mayor and each Council member serve two -year terms with a consecutive three full term limit. The Mayor's responsibilities include presiding over Council meetings, serving as ceremonial head of the City, and signing certain official documents. The City Council has all the powers of a home -rule municipal government under state law for which they are accountable to the citizens of Denton. The Council exercises power by determining policy, adopting the budget and employing a City Manager who is held accountable for the administration and direction of the municipality. The Council also appoints the City Attorney, City Auditor, and Municipal Court Judge. The council- manager plan under which Denton functions is consciously designed to concentrate policy- making with the Council and to separate policy and legislation from administration. As a board member, most of your contact will be with the staff liaison for your board. Board members and staff liaisons must be aware of the duties and responsibilities of the board and help the board to fulfill its mandate to the citizens of Denton. 1 • POLICIES AFFECTING SERVICE ATTENDANCE1 You, as an interested and informed citizen, are essential to effective local government. Because your viewpoint is so valuable to the City Council members, they take your appointment, attendance and involvement on a board very seriously and ask that you do also. The Council is aware that board members have careers and other responsibilities that demand their time. However, because of the importance Council places on citizen boards, they ask that each new board member make every effort to attend all meetings of the board. In addition, the Council asks each board member to notify the staff liaison of their board in advance if they will be unable to attend a board meeting. Per §2 -83(c) of the Code of Ordinances of the City of Denton (appendix i), an excused absence shall include personal or family illness, death of a family member, jury duty, service in the armed forces, testifying before the legislature, attending a seminar involving municipal matters of importance to the member's duties, absence necessary for the member's business or employment, and any related emergencies or other matters which the board finds qualifying as an excused absence. Per §2 -83 (c) Code of Ordinances, the unexcused absence of any board member from more than three regularly called and scheduled meetings of the board of which he is a member in any one year or lack of attendance at 50 percent of the number of regular meetings in a year, shall be considered "cause," as that term is used in §14.16 of the Charter of the City of Denton for removal of said member by the City Council from such board. In the event that a board member violates the above attendance policy, the staff liaison shall notify the City Secretary. The City Secretary will contact the member in writing and ask the board member to make a decision about whether their current schedule will allow continued service. The letter will encourage the member to submit a letter of resignation to the City Secretary if the board or commission member feels their schedule will not allow continued service. NOTE: In accordance with §2 -83(c) of the Code of Ordinances, attendance records will be forwarded by the staff liaison to the City Secretary's office quarterly. 1 Not applicable to City Council committees. SERVICE LIMITATIONS Members are usually appointed to a two -year term. Current City policy states that a member can only serve three consecutive terms. A board member who has served three consecutive terms shall not be eligible for reappointment to that same board for a period of one year. TERMINATION OF APPOINTMENT A member's appointment to a board can be terminated by written resignation from the member or by action of the City Council. MINUTES OF MEETINGS AND ATTENDANCE RECORDS The staff liaison will provide a staff member at the meeting of each board to take minutes of each meeting. Minutes of the meeting will be submitted for approval by the members present at the next meeting with revisions, corrections, or amendments being made at that time. The approved minutes shall be forwarded to the City Secretary's office on a quarterly basis. For retention purposes, all agendas and minutes shall be digitized and saved by the end of each calendar year. Further information regarding minutes for City Council committees can be found in the "Guidelines and Rules of Procedure" section of this handbook. The attendance of all members shall be recorded by the staff liaison and forwarded to the City Secretary on a quarterly basis. ADVISORS, SUBCOMMITTEES, AND AD HOC COMMITTEES No City board shall appoint persons outside its membership as advisors or to subcommittees, ad hoc committees, or other accessory entities without prior approval of the City Council. OVERVIEW OF LEGAL RESPONSIBILITY It is important to understand that city boards are not legislative bodies. The only legislative body in the City of Denton is the City Council, as outlined in the City Charter. Boards fall into various categories, depending on the ordinance, resolution, or state legislation creating such board or commission. These are: a. Advisory boards and commissions ( "Advisory Board Members "); b. Boards and commissions which act in a quasi - judicial manner or perform some sovereign function of government ( "Governmental Board Members "); and c. Governmental, non - profit, and corporate boards and commissions. Consult the City Attorney's office to ascertain whether your board is purely an advisory board or if it acts in a quasi-judicial manner or performs a function of government. A governmental board member is considered an officer of the City, which affects that member's legal status for such purposes as certain oaths of office, the application of conflict of interest doctrines, and criminal statutes. Attached is the City's ethics policy (appendix ii). All board members are required to adhere to the policy. Note the ethics policy lists some state penal laws that may be applicable to members. Should you have any questions regarding the application of the ethics policy or the penal laws, consult the City Attorney's office. Board members are required to take one or more oaths of office. Consult the City Secretary's office to make sure you have taken and signed such oaths before serving as a board member. Sample forms that may be required of board members are illustrated in the next section of this handbook. 1 1 The City of Denton, Texas OATH OF OFFICE I, Name, do solemnly swear (or afEinn), that I will faithfully execute the duties of the office of the Board of the City of Denton, Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State, and the Charter and Ordinances of this City. Signature SUBSCRIBED and sworn to before me the undersigned on this the day of , 20XX. To certify which witness my hand and seal of office. (Seal) Signature of Person Administering Oath Printed Name Title CITY OF DENTON AFFIRMATION OF QUALIFICATIONS As a duly appointed member of the of the City of Denton, Texas, I have taken the prescribed oath of office. I also hereby affirm that: (1) 1 am a qualified voter of the City: (2) If I shall be convicted of a felony during my term, I understand it shall constitute cause for removal. (3) 1 am not in arrears on any city taxes, utility service charges, or other obligations owed the City. In addition to meeting the above qualifications, I also have been made aware of Section 2 -62, Article III (Boards, Commissions and Committees) of Chapter 2 of the Code of Ordinances of the City of Denton, Texas, which provides: Quorum. A quorum for the transaction of business of a board shall be a majority of the members appointed to said board. Voting Required. No attending member of a board shall be excused or shall abstain from voting on any matter before the board on which a vote is called or required except where a board member's financial interest is involved. Where such member's financial interest is involved, such member shall announce such interest at the commencement of consideration of the matter and such member shall not enter into discussion or debate on such matter and shall abstain from voting thereon. A member shall be considered to have a financial interest in a matter whenever any matter before the board could or does affect the member's financial interest, or those of a business with which the member is associated. Absences. All board members shall attend all regularly called and scheduled meetings of the board of which he is a member. The unexcused absence of any board member from more than three (3) regularly called and scheduled meetings of the board of which he is a member in any one year or lack of attendance at fifty percent of the number of regular meetings in a year, shall be considered "cause," as that term is used in section 14.16 of the charter of the City of Denton, 1959, for removal of said member by the City Council from such board. An excused absence shall include personal or family illness, death of a family member, jury duty, service in the armed forces, testifying before the legislature, attending a seminar involving municipal matters of importance to the member's duties necessary for the member's business or employment, and any related emergencies or other matters which the board, commission, or committee finds qualify as an excused absence. Dated this day of , 20XX. Signature Financial interest shall be defined as a substantial interest, in a business entity or real property as that term is defined in Texas Local government Code, Section 111.002 as it now reads or is hereafter amended Examples of situations where a board member has a financial interest include, but are not limited to: ownership of real or personal property which is the subject of a board deliberation, an interest in the form of ownership, or in the receipt of salary, services or dividends frorn a business which has a matter before the board. If a relative within the first or second degree of affinity or consanguinity has such an interest, a personal interest may also exist. Anytime a board member is concerned that a personal interest may exist, the office of the City Attorney should be consulted. STATEMENT OF ELECTED /APPOINTED OFFICER Statement I, «Name» do solemnly swear (or affirm), that I have not directly or indirectly paid, offered, promised to pay, contributed, or promised to contribute any money or thing of value, or promised any public office or employment for the giving or withholding of a vote at the election at which I was elected or as a reward to secure my appointment or confirmation, whichever the case may be, so help me God. Position to Which Elected /Appointed: City and /or County: City of Denton «Board» Execution Under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated therein are true. Date: Signature of Officer Form No. 2201 Rev. 06/2009 1 1 ELECTION OF OFFICERS Procedures for the election of officers for appointed boards are established to ensure consistency with the City Council's goals and policies in making board appointments. Except where otherwise provided by state law, federal law, City Charter, or City ordinances or resolutions, election of officers for City of Denton council- appointed boards will be as follows:2 • The chair and vice -chair will be elected by voting board members. • Election of officers shall be annually as soon as practicable after the annual appointment process. If, for any reason, the chair or vice - chair vacates their seat, a special election should be held to fill the unexpired term. A temporary chair may be selected by the board pursuant to Roberts Rules of Order. • The staff liaison, designated by the City Manager, shall serve as the official secretary to the board or commission to ensure records are maintained in accordance with requirements of the City Secretary's office. • The City Council shall reserve the right, as deemed necessary in individual instances, to appoint the chair and vice -chair for any special issue or temporary advisory committees. If the City Council chooses not to make the appointment for chair and vice - chair, then the procedure outlined in this policy will apply. Questions regarding the election of officers should be directed to the City Attorney through your staff liaison. 2 Check with staff liaison for special rules that apply to your board. 1 1 CONFLICTS OF INTEREST Chapter 171 Conflict The State's conflict of interest law, Chapter 171 of the Texas Local Government Code, although only applicable to officers of the City, has been made applicable to all board members, whether advisory or governmental, by Denton s Charter. However, the penal provisions of Chapter 171 are not applicable to advisory board members. Chapter 171 requires a board member with substantial interest in a business entity or real property to file an affidavit with the staff liaison and abstain prior to a vote or decision on any matter involving the business entity or real property if the action on the matter will have a special economic effect on the business entity distinguishable from the effect on the public, or if it is foreseeable that the action on the matter will have a special economic effect on the value of the real property, distinguishable from its affect on the public. For example, the Attorney General has opined that a special economic effect on the value of real property distinguishable from the affect on the public exists when a P &Z board member has an interest in real property located within 200 feet of property being rezoned. However, the AG made it clear that these evaluations are highly fact intensive. Ask yourself the question, will this action before my board affect the value of my real property in a manner that is different from public at large? You have a substantial interest in a business entity (non - profit or government entity is not a business entity) if: 1. You own 10 percent or more of the voting shares of the business entity or own either 10 percent or more or $15,000 or more of its fair market value; or 2. You received funds from the business entity exceeding 10 percent of your gross income for the previous year. You have a substantial interest in real property if the interest is an equitable or legal ownership with a fair market value of $2,500 or more. You have a substantial interest if your close relative (within the first degree of consanguinity and affinity) has a substantial interest. A violation of Chapter 171 is a Class A misdemeanor. If you think you have a Chapter 171 conflict contact the staff liaison prior to the meeting to make arrangements for the signing of the required affidavit. The affidavit must be signed prior to the item being considered. You should announce that you have a conflict at the meeting and excuse yourself from the room while the item is being considered. You should not participate on the matter, including contacting members of the board or staff concerning the matter. However, if you have any questions whether you have a Chapter 171 conflict, consult the City Attorney's office. Incompatibility of Office The common law doctrine of incompatibility of office prohibits you from holding two conflicting public offices. This only applies to governmental board members. You cannot hold another public office ,that conflicts with your duties with the board. Because this is very fact sensitive, you should consult with the City Attorney's office if you hold another public office. You should do this prior to being sworn in as a governmental board member, as your acceptance of the governmental board appointment may result in the automatic forfeiture of your other public office. Appearance of Conflict There are times you will have a perceived conflict of interest even though it is not a conflict that is prohibited by law. In those cases you should make a judgment call as to whether you should abstain from the matter. The City's Ethics Policy states: "I will act with integrity and moral courage. I will be absolutely truthful. I will make impartial decisions that are free of bribes, unlawful gifts, narrow political interests and other personal interests that might impair my independence of judgment. I will always decide what is best for the whole city..." If you think the perceived conflict affects your ability of independent judgment or there is a strong appearance that you lack the ability to divorce yourself from the perceived conflict in making a decision, you should carefully consider whether abstention is appropriate. Often, these are difficult judgment calls for which there are no absolute right answers. In making your decision, you should weigh the harm of participating against your general duty to serve on the board. You have a duty to participate and vote on all matters that come before the board, unless you have a conflict or you lack information to decide the issue. Do not hesitate to consult with the City Attorney's office for guidance. Chapter 176 Conflicts Disclosure Chapter 176 of the Texas Local Government Code requires you to file a Conflicts Disclosure Statement ( "CIS ") with the City Secretary if you or your family member (a) has an employment or business relationship with a City contractor or vendor that results in taxable income, or (b) received or accepted one or more gifts from a city Contractor or vendor (excluding gifts of food, lodging, transportation, or entertainment accepted as a guest) with an aggregate value of $250 in the preceding 12 months. You are required to file the form within seven days after you become aware of the relationship with the City. The CIS is signed under penalty of perjury and it is a Class C misdemeanor to fail to timely file the form. However, it is a defense to prosecution if you file the CIS not later than the seventh day after you receive notice of violation. Therefore, you have two chances to comply. 1 • COMPLIANCE WITH THE TEXAS OPEN MEETINGS LAW By City Council rule, all boards must comply with the Texas Open Meetings Act. Some boards having decision - making authority include the Civil Service Commission, Denton Housing Authority, Health and Building Standards Commission, Historic Landmark Commission, Planning & Zoning Commission, and Zoning Board of Adjustment. All board meetings must be open to the public unless they come under one of the specific exceptions listed in the Texas Open Meetings Act for a closed meeting. Consultation with an attorney is one of the exceptions listed, which allows the board to hold closed meetings. Consult with the City Attorney's office before any closed meeting is posted to make sure the Act is followed. There are criminal penalties for holding an unauthorized closed meeting for boards with decision - making authority. Minutes of each meeting must be taken and a record of votes and decisions kept as public record. Written notice must be given of dates, times, and locations of all meetings. It is a criminal violation to meet in less than a quorum for the purpose of circumventing the Act. Therefore, it is recommended that when more than two members are in any given place where City business is being discussed, the meeting should be posted as a precautionary measure to avoid the accusation of attempting or conspiring to conduct City business in private. The Open Meetings Act does not apply to purely social gatherings, conventions, or workshops such as Texas Municipal League events. It is also very important that the board limit discussion during meetings to only those items listed on the posted agenda. Conversation or action on items not posted on the agenda would also be considered a violation of the Act. OPEN GOVERNMENT TRAINING While State law requires each board member of a decision - making body to complete open government training no later than 90 days after taking office, Denton s policy is that all board and commission members complete this training. The training includes the Open Meetings Act. The training requirement may be satisfied via the Internet by visiting the Attorney General's Web site3. As the training is completed, each person receives an identification code that needs to be entered on the course completion certificate. Alternatively, CD training discs are available in the City Attorney's office. Upon completion of the CD training for the Open Meetings Act, the CD provides board members with an identification code. Whether the training is completed online or with the CD, each person must visit the Attorney General's Web site, complete the certificate online for the training using the identification s h :// gtr.oa�.state.tx.us /opino en/ trainin ,s� htrni code that has been provided, print a copy, and file the certificate with the City Secretary. More information on Texas Open Meetings Laws may be accessed at httD://www.oag.state.tx.us/oninonen/om easv.shtml. the Attorney General's Web page. Please contact the City Secretary or City Attorney for specific questions about open meetings requirements. TEXAS OPEN MEETINGS ACT If a specific issue or question arises, please consult the City Attorney's office for advice. I. OPEN MEETINGS ACT The Open Meetings Act (hereinafter called the "Act ") is located in Chapter 551 of the Texas Government Code. The Act generally provides that meetings of a board shall be public. There are exceptions to this general rule, as will be discussed. It also requires that the public be given notice of the time, place, and subject of such meeting. It is important to remember when considering the Act's requirements that compliance with its provisions is mandatory, not discretionary. II. WHAT CONSTITUTES A MEETING A. DEFINITION OF MEETING A board becomes subject to the Act when it conducts a meeting. A meeting is "a deliberation between a quorum of a governmental body, or between a quorum of a governmental body and another person, during which public business or public policy over which the governmental body has supervision or control is discussed or considered or during which the governmental body takes formal action." It also includes "a gathering: (i) that is conducted by the governmental body or for which the governmental body is responsible; (ii) at which a quorum of members of the governmental body is present; (iii) that has been called by the governmental body; and (iv) at which the members receive information from, give information to, ask questions of, or receive questions from any third person, including an employee of the governmental body, about the public business or public policy over which the governmental body has supervision or control." The definition specifically includes a session of a board. The term "deliberation" is important to define what a meeting is under the Act. Deliberation is "a verbal exchange during a meeting between quorums of a governmental body, or between a quorum of a governmental body and another person, concerning an issue within the jurisdiction of the governmental body or any public business." Included in the meaning of a verbal exchange is written and non - spoken communications. B. SOCIAL GATHERINGS The Act specifically excludes informal or social functions from the definition of meeting. However, if a quorum of a board assembles in an informal setting, it will still be subject to the requirements of the Act if the members engage in a verbal exchange about public business or policy. Therefore, it is important for members of a board to be cautious about the topics of conversation at social gatherings where a quorum of the body is present. C. EMPLOYEE BRIEFINGS Prior to 1999, the Act permitted a board to have briefings by third parties or employees outside of open session. However, the 76th Legislature repealed that provision. The definition of "meeting," as restated above, was amended to specifically include such briefings. Now, a board will be subject to the Act during briefings, even if no deliberations occur. Further, a board may be subject even during public comment sessions of meetings. D. TELEPHONE AND VIDEO CONFERENCE MEETINGS Telephone meetings do not comply with the Act. It is considered a secret deliberation, which is not permitted. There are very limited emergency cases whereby it could be conducted. However, any such telephone conferencing should never be conducted without consulting the City Attorney's office. Videoconferencing is allowed only in limited circumstances, and consultation with the City Attorney's office should occur before videoconferencing is considered. III. NOTICE A. CONTENT The Act specifically requires that before a meeting of a board is conducted, written notice of the date, hour, place, and subject matter of the meeting must be properly posted. The content of the notice must be sufficient to apprise the general public of the subjects to be considered at the meeting. Compliance with this provision is often very fact specific. Therefore, it is recommended that the board work closely with the staff liaison and the City Attorney's office when posting the subject matter of each proposed meeting in order to ensure compliance. B. PLACE OF POSTING The Act provides for specific places to post the notice of a meeting, depending on the type of governmental body. For municipal governing bodies, notice should be posted on a bulletin board at a place convenient to the public in the City Hall. Additionally, the City Council agenda must be posted on the City's website. The staff liaison to the board will be able to properly place the notices. C. TIME OF POSTING The notice of a meeting of a board must be posted in a place readily accessible to the general public at all times at least 72 hours before the scheduled time of the meeting. There are very few emergency exceptions to this rule. In cases of emergency or urgent public necessity where there is an imminent threat to public health or a reasonably unforeseeable situation, a two -hour posting is permitted. The notice must clearly identify the emergency or urgent public necessity. A determination that an emergency exists is subject to judicial review. Before any deviation from the "72 Hour Rule," the City Attorney's office should be consulted. D. RECESS IN A MEETING A board may continue a meeting from one day to the next day without reposting. However, notice must be reposted if a meeting is continued to any day other than the one immediately following the posted meeting day. IV. OPEN SESSIONS A. CONVENING THE MEETING A meeting may not convene unless a quorum of the board is present in the meeting room. This rule applies even if the members of the board plan to go into closed meeting after convening the meeting. This applies the general rule that the members of the public are entitled to know what members are present for the closed meeting and if a quorum is present. B. RIGHTS OF THE PUBLIC An "open meeting" is one that the public is permitted to attend. However, the Act does not entitle the public to choose items to be discussed or to speak about agenda items. The public or any of the board members may raise a subject not included in the agenda, but the discussion must be limited to a proposal to include that item on the agenda for the next meeting. Moreover, the public has a right to tape or record any open meeting. However, the board has the right to regulate the placement of equipment and the manner in which the meeting is being recorded. C. PUBLIC COMMENT A board may give members of the public an opportunity to speak at a public meeting. If such a public comment period is permitted, the board may set reasonable limits on the number, frequency, and length of the presentations before it. However, it cannot unfairly discriminate among speakers for or against a particular point of view. Moreover, many quasi-judicial boards are bound legally to permit certain citizens to speak on specific agenda items that relate to the citizens property. Because such a period is included in the definition of a meeting, it must be posted in the notice of the meeting. The term "public comment" does provide sufficient notice of one of these periods when no deliberation occurs among the board. However, if any of the members of the board or its employees have prior knowledge of the subject matter to be commented on by the public, the item to be discussed must be specifically posted on the notice. D. FINAL ACTIONS The general rule is that a final action, decision, or vote on a matter deliberated in either an open session or a properly conducted closed meeting (discussed below) may only be made in an open meeting that is held in compliance with the Act. Therefore, a board may not vote with a secret ballot or take action by a written agreement without a meeting. The general rule is that if the board has the authority to make a decision or take an action, the board should act in open session. The only exception to this rule is a closed meeting for the purpose of discussing competitive matters of a public utility, which will be discussed below. V. CLOSED MEETINGS A. OVERVIEW There are a few exceptions listed within the Act, whereby a board may deliberate in a closed meeting. It is important to remember that pursuant to City policy, if a board of the City of Denton wishes to conduct a closed meeting, the City Attorney's office must be consulted to avoid any violations of the Act. Before a closed meeting may be conducted, a quorum of the board must convene in open session, and the presiding officer must announce that a closed meeting will be held and then identify the section(s) of the Act under which the closed meeting will be held. The posted agenda must also state the specific provisions of the Act under which any closed meeting will be held and a general statement as to the topic to be discussed. B. PROVISIONS AUTHORIZING CLOSED MEETINGS Listed below are the most common exceptions available to boards. It is important to remember that the Act will not permit a closed meeting in cases where the City's Charter or another law requires it to be open. 1. Section 551.071: Consultations with Attorney This section allows a board to consult with its attorney in a closed meeting to seek his or her advice on legal matters. This section is often invoked in order for a board to consult with its attorney regarding pending or contemplated litigation. However, it may be held to discuss other legal matters. A discussion under this exception may relate only to legal proceedings or legal matters. General discussion of policy, unrelated to legal matters, is not permitted under this exception. 2. Section 551.072: Deliberations about Real Property This section permits a board to deliberate the purchase, exchange, lease, or value of real property in closed meeting. However, this will only be allowed in closed meeting when public discussion of the subject would have a detrimental effect on the board's negotiation position with respect to a third party. It does not allow the board to make a deal in private, without public input or debate. 3. Section 551.073: Deliberations about Gifts and Donations This section permits a closed meeting to deliberate a negotiated contract for a prospective gift or donation to the governmental body. However, this is only allowed if deliberation in an open meeting would have a detrimental effect on the position of the board with a third party as explained above. 4. Section 551.074: Personnel Matters This section permits a closed meeting to deliberate about officers and employees of the board. It is important to note the primary interest protected by this section is the protection of the reputation of the individual officer or employee under consideration. Moreover, this section only permits deliberation in closed meeting on individual officers or employees. Discussion about a class of employees must be conducted in open session. Also, the public officer or employee that is the subject of the meeting may request that session occur in a public hearing. 5. Section 551.075: Deliberation about Security Devices This section permits a closed meeting to deliberate the deployment, or specific occasions for implementation of security personnel or devices. 6. Section 551.086: Competitive Matters of Certain Public Power Utilities This section permits certain boards of public power utilities to deliberate, vote, or take final action on any competitive matter related to the utility in closed meeting. A competitive matter is defined as: "a utility- related matter that the public power utility governing body in good faith believes is related to the public power utility's competitive activity, including commercial information, and would, if disclosed, give advantage to competitors or prospective competitors but may not be deemed to include" several categories of information specifically set out in the Act. Further, notice of the subject to be discussed in the session is required to contain no more than a general representation of the subject matter. 7. Section 551.087: Deliberation about Economic Development Negotiations This section permits a closed meeting to deliberate commercial or financial information the board has received from a business prospect that it seeks to have locate, stay, or expand in or near the territory of the board and with which it is conducting economic negotiations, or deliberating about a offer of an incentive to such a business prospect. VI. RECORDS OF MEETINGS The Act requires that minutes or a tape recording be kept of each open meeting. These shall be considered public information. Moreover, during a closed meeting, either a certified agenda or tape recording of the session must be kept. The records kept for the closed meeting are considered confidential information and may not be released unless ordered by a court. VII. PENALTIES AND REMEDIES FOR VIOLATIONS OF THE ACT A. VOIDABILITY OF BOARD'S ACTION If any action by a board violates any provision of the Act, that action is voidable. This means that any interested party may challenge an action of the board in court. If a court finds a violation of the Act occurred, it might declare the particular action by the board is void. A board that has taken action that violates the Act may meet again and validly authorize that action at a meeting where the public has received adequate notice. However, this action is generally effective only from the date of the new meeting and only if the new meeting complies with the Act. B. MANDAMUS, INJUNCTION, OR DECLARATORY JUDGEMENT The Act provides that any interested person, including a member of the news media, may bring an action by mandamus or injunction to stop, prevent, or reverse a violation or threatened violation of the Act. To enforce provisions of the law, a court may require a public official to perform duties imposed on him by law by issuing a writ of mandamus. A mandamus commands the doing of an act, whereas an injunction is issued to restrain an act. Courts have also allowed parties to bring a declaratory judgment action. In this type of proceeding, a court would be authorized to determine the rights, status, duties, and other legal regulations of various persons, including the public officers. Thus, a court may determine the validity of a board's actions under the Act in such a proceeding. Furthermore, the Act provides that a court may award reasonable attorney fees and litigation costs to the party who substantially prevails in an action brought under the Act. This relief is not mandatory, but rather up to the court. Further monetary damage may be awarded against a board that violates the Act if a court finds the action caused direct monetary damage to the aggrieved party. C. CRIMINAL PROVISIONS A very important issue to note is that the Act does provide for criminal penalties for violations. A member or group of members of a board commits a criminal offense if they knowingly conspire to circumvent the Act by meeting in numbers less than a quorum for the purpose of secret deliberations. A member of a board commits an offense if a closed meeting is not permitted by the Act and the member knowingly: (1) calls or aids in calling or organizing the closed meeting, whether it is a special or called closed meeting; (2) closes or aids in closing the meeting to the public, if it is a regular meeting; or (3) participates in the closed meeting, whether it is a regular, special, or called meeting. It is an affirmative defense if the member acted in reasonable reliance on a court order or a written interpretation of the Act contained in an opinion of a court of record, the Attorney General, or the attorney for the board. Also, a member of a board commits an offense if the member participates in a closed meeting knowing that a certified agenda of the closed meeting is not being kept or a tape recording of the meeting is not being made. Another offense is committed when any person, corporation, partnership, without lawful authority, knowingly disclosed to the public the certified agenda or tape recording of a lawfully closed meeting. Penalties for violation of the Act are a misdemeanor offense, punishable by a fine of not less than $100 or more than $500 and /or confinement in the county jail for not less than one month or more than six months. VIII. CONCLUSION As stated before, the application of the Open Meetings Act is often very fact specific. The Texas Attorney General, who oversees compliance, and courts, gives a liberal interpretation to the Act in order to ensure that the spirit of open government is protected. Violators of the Act have been sentenced to jail time. Therefore, it is urged that careful attention to compliance is made. Any specific question or issues should be referred to the City Attorney's office, through the staff liaison. ., „/„ iii / /% /( „i a / / / //� ,: ..i, „ ,;. � � ... iii „ «,.. i ,.. ...... ',. ii, • , iii ,,, j.. PROCEDURES FOR CONDUCTING A MEETING To ensure board meetings are conducted in a fair and orderly manner, a number of rules and procedures should be followed. The following sections describe these procedures, which create a cordial yet formal atmosphere for conducting meetings. ROLE OF THE CHAIRPERSON AND THE AGENDA The function of the chairperson is to provide leadership to the group in the following ways: 1. To maintain order by enforcing the established rules, and 2, To ensure the meeting proceeds smoothly and follows the agenda. If the group is indecisive, the chairperson should exercise leadership and make suggestions. When debate is concluded, the chairperson should summarize the major points made. In general, the chairperson should maintain order and try to bring the group to a conclusion on matters before it. To facilitate the chairperson's duties, staff should always provide copies of the agenda to all board members before the meeting. Agendas should also be provided to any members of the public in attendance. The agenda should be prepared by the staff liaison assigned to work with the board. RULES OF THUMB Here are a few obvious points that should be followed, but are often forgotten: 1. Discuss only one point at a time. 2. The chairperson should recognize the person or persons who wish to speak and only they should be allowed to speak. Others should hold their comments until they have the floor. 3. If the meeting is a public hearing, the board should hear the public without making comments until questions are allowed by the chairperson. PROCEDURAL RULES OF ORDER NOTE: While this review of parliamentary procedures has been designed to cover the most common situations a board member may encounter during the course of a meeting, these procedures may not always apply. They may be superseded because of legal constraints if the meeting is a public hearing. However, these basic procedures are usually acceptable during most meetings. Answers to complicated procedural questions can be found in Robert's Rules of Order. 1. Making a motion - Before discussion of an issue by board members, a motion should be made and seconded. The making of a motion normally occurs following a presentation or description of the issue by a staff member or chairperson. After the motion is made and seconded, debate can be conducted. Example of the proper form of a motion is: "Mr. /Madam Chairperson, I move the following..." 2. Amending a motion - Any motion may be amended as follows: "Mr. /Madam Chairperson, I move that we amend the motion by adding, deleting, etc. the following..." The amendment must be seconded before discussion can ensue. When discussion ends, the amendment is voted on first. If the amendment passes, the original motion is then put to vote as amended. If the amendment fails, the original motion is put to a vote. 3. Change by a Substitute Motion - Another way to change an original motion is by use of the substitute motion. A substitute motion is simply an amendment that changes an entire sentence or paragraph. It must be seconded before discussion can take place. It may be amended and differs only from an amendment in that if the substitute motion passes, it eliminates the original motion. 4. Table a Motion - This motion is used to lay something aside temporarily to take care of a more urgent matter. It should not be used to prevent debate or to kill a question. To table an item requires a motion and a second. A vote is immediately taken without discussion. Once it has been decided to table an item, such item cannot be brought up again until the board votes to do so by a motion to "Take from the Table ", which must receive an affirmative vote. Once removed from the table, the item can be discussed and voted upon. A question laid on the table remains there until taken from the table or until the close of the next regular meeting; if not taken up that time, the question dies. 5. Postpone a Motion - Another method of delaying a decision on a matter is to postpone to a certain day, or to a certain event with a reasonably definable date, the consideration of a motion. This is accomplished by simply making a motion to postpone consideration of the motion until a definite future date or event and having it seconded. The motion to postpone is then open for discussion. Following discussion, a vote is taken. A motion to postpone indefinitely is a parliamentary strategy which allows members to dispose of a question without making a decision for or against. 6. Point of Order - Any time a member feels an incorrect procedure is being used, the member can interrupt with a point of order request which requires the chairperson to decide the correct procedure. 7. Suspension of the Rules - Occasionally, board members may want to discuss a business item without the constraints of any rules. Unless the by -laws require otherwise, a two- thirds (2/3) vote of the members is needed to suspend the rules. This motion is not debatable and must be voted on upon being seconded. WHAT IS A QUORUM? A quorum is the minimum number of members needed to officially conduct business. The quorum may be set by state law, the City Charter, the board's by- laws, or Robert's Rules of Order. Generally, a quorum is a majority of the members of a board or committee unless a different quorum is fixed by by -laws or by rule of the parent body. Approval of an action, except as otherwise provided by law, rule or regulation, requires a majority vote of persons legally entitled to vote, excluding abstentions, at a meeting at which a quorum is present. SUMMARY In conclusion, it stands to reason that if a meeting is to be held in a fair and orderly manner, all the members of the board must be willing to cooperate. They must be informed of the established rules and act accordingly. The chairperson has final responsibility for ensuring the meeting is properly conducted. Unless the chairperson understands the basic parliamentary procedures discussed and is willing to use them in the best interest of all concerned, the board will be unable to adequately carry out its responsibilities. GUIDELINES & RULES OF PROCEDURE FOR BOARDS, COMMISSIONS AND CITY COUNCIL COMMITTEES CREATION In accordance with Ordinance No. 2011 -038 (appendix iii): • City Council may authorize, by resolution, the appointment of a Council committee as the need arises. • Committees, boards, and commissions may be created to assist in the conduct of the operation of the City government with such duties as the Council may specify that are not inconsistent with the City Charter or Code. • Membership and selection of members shall be by Council resolution if not specified by the City Charter or Code. • Committees so appointed will be advisory to the Council or the City Manager unless otherwise specified by the Charter or Code. • Any committee so created shall cease to exist when abolished by resolution of the Council. APPOINTMENTS In accordance with Ordinance No. 2011 -038: • Individual City Council members making nominations for members to citizen boards and commissions will consider interested persons on a citywide basis. • The City Council will make an effort to be inclusive of all segments of the community in the board and commission appointment process. City Council members will consider ethnicity, gender, socio- economic levels, and other factors to ensure a diverse representation of citizens. • The City Council will take into consideration an individual's qualifications, willingness to serve, and application information in selecting nominations for membership to each board and commission. • In an effort to ensure maximum citizen participation, City Council members will continue the practice of nominating new citizens to replace board members who have served three consecutive terms on the same board. • Each City Council member will be responsible for making nominations for board and commission places assigned to him or her, which shall correspond to the City Council member's place. Individual City Council members will make nominations to the full City Council for the governing body's approval or disapproval. PURPOSE • In creating a committee, board, or commission, Council shall set forth its purpose and duties which shall be consistent with City Charter or Code. • Appointees serve to advise the Council and shall not appear before another board or commission as a representative of, or on behalf of, the board or commission on which they serve. STRUCTURE In accordance with Ordinance No. 2011 -038: • Each committee, board, or commission shall comply with the provisions of Article III of Chapter 2 (appendix i) of the Code of Ordinances and will be provided with of copy of these rules of procedure and a copy of the City of Denton Handbook for Boards, Commissions and Committees, which shall govern operational procedures of such boards, commissions and committees. COMMUNICATION WITH CITY COUNCIL In accordance with Resolution R2012 -030: • Upon consensus of a Board or Commission, such Board may request that staff propose questions regarding public policies or prepare policy statement recommendations regarding a matter that clearly falls within the scope and purpose of the board. Such policy recommendations or questions, once approved by a majority of the Board or Commission, will be forwarded to the City Council for their response or consideration as Council determines appropriate. Boards and Commissions may provide an annual or more periodic report to Council as appropriate outlining their activities, accomplishments, projects, and initiatives. Content of the report may be customized by each Board. Such reports will be forwarded to the entire Council upon approval of the majority of the Board. ADDITIONAL GUIDELINES & PROCEDURES FOR CITY COUNCIL COMMITTEES • Committees will generally be formed by resolution which will provide for the committee's membership, election of chair and vice chair, and purpose. • The chair and/or vice chair will be elected by voting committee members. • Election of officers shall be annually as soon as practicable after the annual appointment process. If, for any reason, the chair or vice -chair vacates their seat, a special election should be held to fill the unexpired term. This does not preclude a member of the board acting as a temporary chair. • No more than three Council members shall serve on any committee. • The staff liaison, designated by the City Manager, shall serve as official secretary to the committee to ensure that records are maintained in accordance with requirements of the City Secretary's office. • The Council shall reserve the right, as deemed necessary in individual instances, to appoint the chair and vice -chair for any special issue or for temporary advisory committees. If Council chooses not to make the appointment for chair and vice - chair, then the procedure outlined in this policy will apply. • Council committee meeting agendas will be posted in accordance with the Open Meetings Act, Chapter 551 of the Texas Government Code. The Open Meetings Act requires committee meeting agendas must be publicly posted at least 72 hours in advance of the meeting. • Only items posted on the agenda may be discussed and /or action taken during the committee meeting. • The committee may convene into closed session in compliance with the Open Meetings Act. • Robert's Rules of Order pertaining to small assemblies may be consulted regarding the conduct of the committee meetings. • A quorum of the committee members must be present to hold a committee meeting or to take committee action. A quorum is considered to be more than half of the Council committee members. • Each member of the committee shall have one vote and members must be present to cast a vote. • The acts of the majority of the members present at the meeting are the acts of the committee. MINUTES • Minutes of each board, commission, or committee meeting shall be prepared in a form consistent with City Council meeting minutes as prescribed by the City Secretary to reflect an accurate record of business transacted at the meeting. More detailed minutes may be recorded if required by the board, commission, or committee. • A draft of the minutes shall be sent to all committee members within two weeks. Such draft may be distributed to the City Council upon direction of the City Manager. • Minutes of the meetings will be submitted for approval by the members present at the next meeting with revisions, corrections, or amendments being made at that time. However, the Chair of the Committee may direct that the draft minutes be shared with the entire City Council when the information regarding the action of the Committee is needed to conduct official business and the draft minutes have not been officially approved by the Committee. BOARDS, COMMISSIONS & COUNCIL COMMITTEES I. JUDICIAL OR QUASI - JUDICIAL BOARDS (Governmental Board Members) Boards that use decision - making powers apply particular regulations to specific facts to make judgments or decisions on matters within their jurisdiction. The following six board/ commissions are judicial or quasi - judicial boards, those that administer particular ordinances or regulations. Civil Service Commission • Established by Chapter 143 of the Texas Local Government Code. • Membership Three members appointed by City Manager and confirmed by City Council. Purpose Ensures compliance with Chapter 143 of the Texas Local Government Code governing police and fire. The duties of the Commission include approval of eligibility hiring lists and holding hearings, upon appeal, on matters of promotions, performance, reclassifications, and other civil service issues. Denton Housing Authoritv Board • Established by Chapter 392 of the Texas Local Government Code. Membership Five members appointed by the Mayor. Purpose Prepares, acquires, leases, and operates housing projects. The Board also investigates housing conditions to determine when and where an economically depressed neighborhood exists, identifies revitalization areas, and provides accommodations for persons of low income. Although appointed by the Mayor, the Housing Authority Board operates independently from the City of Denton. Health and Building Standards Commission • Established by §2 -261 of the Code of Ordinances. • Membership Seven members appointed by the City Council with two alternates. Ex- officio - city building official. • Purpose Hears and decides appeals of orders, decisions or determinations made by the Building Official, Code Official, or Fire Marshal made pursuant to Chapters 13, 14, 17, 28 and 29 of the Code of Ordinances; makes reasonable interpretations or rulings in matters properly before it pursuant to Section 2 -460. Historic Landmark Commission • Established by §35.4.3 of the Denton Development Code. • Membership Nine members appointed by the City Council. Ex- officio - Director of Planning, City Building Official, Chairman of the County Historical Commission. • Purpose Recommends to the Planning & Zoning Commission and City Council those buildings, structures, sites, districts, and areas in the city that the Commission has determined should be preserved and designated as historic landmarks. The Commission also regulates design review for designated properties and districts. Planning & Zoning, Commission • Established by §10.02 of the City Charter; also referenced in Denton Development Code, Section 35.4.1. • Membership Seven members appointed by the City Council. • Purpose Makes decisions or recommendations to the City Council regarding the Comprehensive Plan, Development Code, zoning regulations, long -range planning, zoning changes, platting, and other development - related policies as required or permitted by State law or Council policy. Zoning Board of Adjustment • Established by §10.07 of the City Charter; also referenced in Denton Development Code, Section 35.4.2. • Membership Seven members and three alternate members appointed by the City Council. Purpose Provides a vehicle for citizens to appeal zoning interpretations and decisions of the Building Official, and request variances from the zoning and sign regulations in the Denton Development Code. The Board may also make final decisions regarding changes, the reestablishment, or termination of nonconforming uses within the city. II. ADVISORY BOARDS Advisory boards advise or make recommendations to a person or the City Council and have no final decision - making authority. The following bodies serve in an advisory function: Airport Advisory Board • Established by §3 -2 of the Code of Ordinances. • Membership Seven members appointed by the City Council. • Purpose Serves in an advisory capacity to the City Council on matters relative to airport safety, flight and ground operations, safety and security issues arising from the creation and development of long -term master plans; tenant/ stakeholder outreach; the Airport Business Plan and the Airport Master Plan; airport infrastructure improvement or other major projects impacting the airport; grant funding for the airport; and long term financial planning and budgetary issues affecting the airport. Animal Shelter Advisory Committee • Established by §823.005 of the Texas Health & Safety Code. • Membership Seven members appointed by the City Council. • Purpose Assists the City in complying with the provisions of the Animal Shelter Act and makes recommendations to the City Council regarding methods and procedures necessary to ensure compliance with the Act. Community Development Advisory Committee • Established by Resolution passed by the City Council on September 19,1978. • Membership Nine members appointed by the City Council. Ex- officio - City Manager, or his designee. • Purpose Holds public hearings and makes decisions regarding the expenditure of federal Community Development Block Grant and Home Investment Partnership Program monies. Downtown Denton Tax Increment Financing Reinvestment Zone Board • Established by Ordinance 2010 -316 • Membership Seven members: two are City Council members, two are either property owners of property located within the Tax Increment Reinvestment Zone or residents whose primary residence is located within the Tax Increment Reinvestment Zone, two are either business owners of businesses located within the Tax Increment Reinvestment Zone or members of the Denton Chamber of Commerce Board of Directors, and one a qualified voter of the City of Denton. • Purpose Makes recommendations to the City Council concerning the administration of the Zone, prepares and adopts a project plan and Tax Increment Financing Reinvestment Zone financing plan for the Zone and submits the plans to the City Council for approval; prepares, implements and monitors such project and financing plans for the Tax Increment Financing Reinvestment Zone as the City Council considers advisable including the submission of an annual report on the status of the Zone. Economic Development Partnership Board • Established by §2.251 of the Code of Ordinances. • Membership Nine members: two from City Council at the time of their original appointment, two from the Chamber Board of Directors at the time of their original appointment who reside or work in the city, two who are employed by a top 20 City of Denton ad valorem or sales tax payer and who reside or work in the city, the president of UNT or his /her designee who does not have a city residency requirement, a member with knowledge or experience in general aviation- related matters with no financial interest at the Denton Municipal Airport and who resides or works in the city, and a citizen of Denton with specific knowledge skills and abilities to assist in the functions of the Economic Development Partnership Board. To aid the City Council in making appointments to the Board, the City Council will appoint two City Council members and one Chamber of Commerce member to act as a nominating committee. After evaluating the recommended nominees, the committee will present to the City Council a slate of Board nominees for City Council approval. Ex- officio - City Manager, or his designee, and Chamber President. Purpose Provides economic development policy guidance and makes recommendations to the City Council and Chamber of Commerce; reviews, considers and makes recommendations to the City Council regarding Airport Branding and Marketing to support the implementation of the Denton Airport Business Plan; reviews, considers and makes recommendations to the City Council regarding Denton Municipal Airport incentive policies as assigned by the City Council or requested by the City Manager; and acts as a recommending body to the City Council for specific airport economic development incentives as assigned by the City Council or requested by the City Manager and permitted by City and State law. Human Services Adyiso!y Committee • Established by §14 -61 of the Code of Ordinances. • Membership Eleven members appointed by the City Council. Ex officio - City Manager, or his designee. Purpose Serves in an advisory capacity to encourage continuous evaluation of the human services delivery system and to recommend actions and funding to the City Council regarding City of Denton human services. Library Board • Established by §2 -176 of the Code of Ordinances. • Membership Seven members appointed by City Council. Purpose Serves in an advisory capacity to the City Council to recommend policies, rules, and regulations for the operation of the library system. The Board also provides citizen input to the City Council and recommends fees for Council consideration. Parks, Recreation and Beautification Board • Established by §11.02 of the City Charter. • Membership Seven members appointed by the City Council. • Purpose Serves in an advisory capacity to the City Council to recommend improvements to park and recreation programs. The Board is charged to stimulate public interest in the development and maintenance of parks and playgrounds; to promote close cooperation between the City and private citizens so that all park and recreational facilities are used to their maximum benefit; and pursuant to the Charter, make recommendations regarding the appearance, beautification, and environment of the city. Public Art Committee • Established by §22 -6 of the Code of Ordinances. • Revised by Ordinance No. 2013 -207 regarding reporting structure. • Membership Nine members: seven members are nominated by assignment to individual City Council members, and the remaining two are nominated by and represent the Greater Denton Arts Council. Ex- officio - Parks and Recreation Department Director and the Greater Denton Arts Council Executive Director. • Purpose Makes recommendations to the City Council on the commissioning, placing, and the installing of public art; implementation of funding mechanism(s) for public art; effective and efficient management of public art; ongoing maintenance of public art; and the accessioning, deaccessioning, and re- siting of public art. Public Utilities Board • Established by §12.07 of the City Charter. • Membership Seven members appointed by City Council. Ex- officio - City Manager and Director of Utilities. • Purpose Reviews the department of utilities budget and makes recommendations to the City Council in the format required by the City Manager. The Board is authorized to expend funds for information and advertising. All matters relating to utility policies, capital projects, rates, and the sale and issuance of utility bonds are submitted to the Board for review and recommendation prior to Council consideration. The Public Utilities Board makes recommendations for the Capital Improvement Program pursuant to the provisions in the City Charter. Traffic Safety Commission • Re- established by Ordinance 2010 -317. • Membership Seven members appointed by the City Council. Purpose Serves in an advisory capacity to the City Council on matters brought forward to the Commission by the City Manger, or his /her designee, or assigned by the City Council which pertains to traffic safety education and publicity; ways and means of improving traffic conditions and safety for motor vehicles; bicycle and pedestrian safety; implementation of traffic control devices; public parking restrictions; or roadway speed limit designations. III. CITY COUNCIL COMMITTEES The Denton City Council has internal advisory committees, as well as representation on local and regional committees. Assignments to the committees are made following the May city council election. Council members submit requests for committee assignments, with committee membership designated following a Council discussion of the requests. Agenda Committee • Established by Ordinance No. 2009 -174. • Membership Mayor, Mayor Pro -Tem, City Manager.. • Purpose Reviews the City Manager's proposed City Council agendas as to form and agenda content. Audit/Finance Committee • Established by Resolution No. R2009 -015. • Membership Three City Council members. Ex- officio - City Manager, or his designee. • Purpose The duties and purpose of the Committee shall be to assist the City Council in fulfilling its organizational oversight responsibilities relating to the audit function, the investment function and other financial related activities as delegated by the City Council. City Council Airport Committee • Established by Resolution No. R2011 -009 • Membership Three City Council members. • Purpose Reviews, considers and makes recommendations to the City Council on: the Airport Business Plan and the Airport Master Plan; any airport infrastructure improvement or other major project impacting the airport; the acquisition, review, and consideration of grant funding for the airport; contracts and leases of airport property, including recommending appropriate terms to the City Council; long term financial planning and budgetary issues affecting the airport; and issues raised as a result of interface between citizens, airport tenants, or other interested parties. Committee on Citizen Engagement • Established by Resolution No. R2012 -026 • Membership Three current City Council Members appointed by Mayor and approved by Council City Manager or designee to provide guidance and assistance • Purpose The Committee shall provide advice to both the City Council and/or staff regarding the timely distribution of accurate and complete information to Denton citizens and devise methods of engaging Denton Citizens in the various processes of city government. Committee on the Environment • Established by Resolution No. R2009 -015. • Membership Three City Council members. Ex- officio - City Manager or designee. • Purpose The duties of the Committee shall be to review, discuss, deliberate, and consider environmental issues and resources and make recommendations to the City Council. The Committee will also deliberate and make recommendations regarding any other matter delegated to the Committee by the City Council. Council Avvointee Performance Review Committee • Established by Resolution No. R2009 -015. • Membership Three City Council members. Ex- officio - Director of Human Resources. • Purpose The duties and purpose of the Committee shall be to assist the City Council in performance review of the Council appointees and to insure that the appointees' job descriptions are accurate and properly reflect current job duties in order to make recommendations to the City Council to assist the Council in evaluating the job performance of the Council appointees. Additionally, the Committee will make recommendations regarding employment agreements, including renewals, of Council appointee positions. Council Ethics Committee • Established by Resolution No. R2009 -015. • Membership Three City Council members. Ex- officio - City Manager, or designee, and City Attorney, or designee. • Purpose The duties and purpose of the Committee shall be to advise the City Council on the Ethics Policy, gather information from citizens regarding the Ethics Policy, and conduct hearing and inquiries as set forth in the enabling resolution. Council Mobility Committee • Established by Resolution No. R2009 -015. • Membership Three City Council members. Chair of the committee serves as representative to Dallas Regional Mobility Committee and Regional Transportation Council. Ex- officio - City Manager, or his designee. • Purpose The duties and purpose of the Committee shall be to review, consider and make recommendations to the City Council regarding any changes to the Mobility Plan, local transportation policy, and any items concerning regional transportation policies and activities. Hotel Occupancy Tax Committee • Established by Resolution No. R2009 -015. • Membership Three City Council members. Ex- officio - City Manager, or designee. • Purpose The duties and purpose of the Committee shall be to monitor allocation and use of hotel occupancy tax funds, ensuring funds are being used to directly enhance and promote tourism and hotel/ convention industry and to recommend organizations to receive funding to City Council. IV. LOCAL AND REGIONAL COMMITTEES Community Justice Council • Established by §76.003 of the Texas Government Code. • City Membership One City Council member of the most populous municipality in the county that the facility will serve. • Purpose Provides policy guidance and direction for the development of criminal justice plans and community correction facilities and programs. Convention and Visitors Bureau • Established by an agreement between Denton Chamber of Commerce and City of Denton; creates an Advisory Board established by the Denton Chamber of Commerce. • City Membership Non - specified number of City Council representatives. • Purpose Makes recommendations to the Chamber of Commerce Board of Directors to assist in the promotion of events and attractions to ensure a positive experience to Denton visitors. Dallas Reeional Mobility Coalition • Established by 1997 Interlocal Agreement. • City Membership Representative of the City Council. • Purpose Examines all issues related to transportation and recommends transportation improvements and other related actions for the portion of the Dallas Metropolitan Area served by District 18 of the Texas Department of Transportation (Eastern Subregion). Denton Committee on People with Disabilities • Established by a group of Denton citizens, and officially recognized by the City of Denton in Resolution No. R2007 -030. • Membership Members are not appointed by the City Council. City Manager is authorized to provide a City staff person or persons to attend Committee meetings and to assist in Committee activities. • Purpose To promote aid to disabled persons, which includes the promotion of better public and employer understanding concerning needs and contributions of persons with disabilities; increased employment, retention, and advancement of disabled workers; encouragement for use of the available services for disabled persons; encouragement of the removal of architectural barriers; and promotion of participation in community life by persons with disabilities. Lake Ray Roberts Planning and Zoning Commission • Established by 1994 Lake Ray Roberts Land Use Ordinance approved by voters in Denton County and adopted by Denton County Commissioners Court. • City Membership One city council representative from each city included in the Lake Ray Roberts area. • Purpose Reviews and approves land use and development proposals for unincorporated county land in the Lake Ray Roberts area. Regional Transportation Council • Established - Independent transportation policy body of the Metropolitan Planning Organization. • City Membership Representative of the City Council. • Purpose Oversees the metropolitan transportation planning process, including guidance regarding the development of multimodal transportation plans and programs and programming federal and state funds for the implementation of transportation improvements. Texas Municipal Power Agencv Board of Directors • Established by 1976 Power Sales Agreement providing for a board with eight members, two appointed by the Denton City Council. • City Membership Two representatives approved by the city council who may, but need not necessarily be, members of the city council and /or the Public Utilities Board • Purpose Assists in establishing policies, setting regulations, and overseeing the administration and management of the agency as well as approving and auditing the budget. Miscellaneous Boards and Committees: From time to time, Council Members are called upon to serve as Denton's representatives on a regional board or committee for a short term project. Often, the appointments are for the duration of the project and the board is dissolved. The City Secretary maintains a record of these commitments and may be contacted for updated information. 1 \ • ADMINISTRATION § 2 -63 ARTICLE III. BOARDS, COMMISSIONS AND COMMITTEES* DIVISION 1. GENERALLY Secs. 2- 46 -2 -60. Reserved. DIVISION 2. QUALIFICATIONS FOR MEMBERS Sec. 2 -61. Requirements generally. Each member of a board or commission, in addition to qualifications prescribed by federal or state law or ordinance, shall be a qualified voter of the city. (Code 1966, § 1- 21(a); Ord. No. 93 -140, § I, 8 -3 -93) Sec. 2.62. Conflict of interest. A member of a board or commission of the city having a substantial interest in a business entity or real property, as those terms are defined in chapter 171 of the Texas Local Government Code as it now reads or may hereafter be amended, shall comply with chapter 171 and, if necessary, shall abstain from voting on a matter involving the business entity or real property and file an affidavit setting forth the substantial interest in the matter to be voted upon. (Code 1966, § 1 -22; Ord. No. 96 -154, § II, 7 -9 -96; Ord. No. 99 -268, § 1, 8 -3 -99) Charter reference — Personal interest of officers and employees, § 14.04. State law reference— Conflict of interest, V.T.C.A., Local Government Code § 171.001 et seq. Sec. 2-63. Removal from office. Should a board or commission member cease to meet the qualifications prescribed in section 2 -61 or 2 -62, if applicable, or should such member be convicted of a felony during his term of service, such failure or conviction, as the case may be, shall be cause for removal. (Code 1966, § 1 -23) *Charter reference — Boards and commissions, § 14.16. Cross references — Library board, § 2 -176 et seq.; downtown development advisory board, § 2 -211 et seq.; beautification advisory commission, § 2 -241 et seq.; airport advisory board, § 3 -2; animal shelter advisory committee, § 6 -5 et seq.; cable TV advisory board, § 8 -130; human services committee, § 11 -61 et seq.; park and recreation board, § 22 -1; construction advisory and appeals board, § 28 -438 et seq.; development review committee, § 34 -6; board of adjustment, § 35 -41 et seq.; historic landmark commission, § 35 -236 et seq. Supp. No. 10 163 § 2 -64 DENTON CODE Sec. 2-64. Exceptions. The provisions of this article shall not apply to task forces, ad hoc committees or other commissions established by the city council from time to time to make recommendations with respect to a particular subject or issue and which are not intended to be permanent in nature. (Code 1966, § 1 -24) Sec. 2 -66. Term of office. No board or commission member shall be eligible for appointment to a board or commission for more than three (3) consecutive terms on such board or commission. A board or commission member who has served three (3) consecutive terms shall not be eligible for reappointment to that same board or commission for a period of one year. (Ord. No. 93 -140, § II, 8 -3 -93; Ord, No. 93 -212, § I, 11- 16 -93) Secs. 24G -2.80. Reserved. DIVISION 3. RULES AND PROCEDURES Sec. 2 -81. Definition. The word " board," "boards," "commission" or "commissions," as used in this division, shall be construed to mean any managerial, administrative or quasi-judicial body of persons which has an advisory or deliberative character and whose members are appointed by or serve at the pleasure of the city council. (Code 1966, § 1 -42) Cross reference — Definitions and rules of construction generally, § 1 -2. Sec. 2 -82. Applicability. The provisions of this division shall govern and control the rules, procedures and operation of all boards and the removal of members thereof; provided, however, wherever any provision of the state constitution, state statutes, the Charter or a city ordinance conflicts or is inconsistent with any provision of this division, the conflicting or inconsistent provision of this division shall not be applicable. (Code 1966, § 1 -43) Sec. 2 -83. General rules. (a) Quorum. A quorum for the transaction of business of a board shall be a majority of the members appointed to the board. (b) Voting required. No attending member of a board shall be excused or shall abstain from voting on any matter before the board on which a vote is called or required, except where a board member's personal interest is involved. When such member's personal interest is involved, such member shall announce such interest at the commencement of consideration of the matter, and such member shall not enter into discussion or debate on such matter and shall Supp. No. 10 164 ADMINISTRATION § 2 -105 abstain from voting thereon and shall fill out an affidavit stating such interest in accordance with V.T.CA., Texas Local Government Code § 171.004. A member shall be considered to have a personal interest in a matter whenever any matter before the board could or does affect the member's financial interest. The phrase "financial interest" when used herein shall have the same meaning as "substantial interest in a business entity" as that phrase is defined in V.TCA., Texas Local Government Code § 171.002. Charter reference — Personal interest, § 14.04. (c) Absences. Every board, commission, and committee member shall attend all regularly called and scheduled meetings of the board, commission, or committee of which he or she is a member. The chairperson shall announce, for the record, the names of members absent and determine if the absence is excused or unexcused. Members who cannot attend the meeting should contact the chairperson or an appropriate staff liaison concerning his or her absence prior to the meeting. The unexcused absence of any board, commission, or committee member from more than three (3) regularly called and scheduled meetings of the board, commission, or committee of which he or she is a member in any one (1) year or lack of attendance at fifty (50) percent of the number of regular meetings in a year, unless such absence is excused, shall be considered "cause," as that term is used in section 14.16 of the Charter, for removal of the member by the city council from such board, commission, or committee. An excused absence shall include personal or family illness, death of a family member, jury duty, service in the armed forces, testifying before the legislature, attending a semins r involving municipal matters of importance to the member's duties, absence necessary for the member's business or employment, and any related emergencies or other matters which the board, commission, or committee finds qualify as an excused absence. Attendance reports will be provided by boards, commissions, and committees to the city council on a quarterly basis for their review. Copies of this ordinance shall be forwarded to members of all of the standing boards, commissions, and committees and to new members as they are appointed. (Code 1966, § 1 -44; Ord. No. 96 -154, § III, 7 -9 -96; Ord. No. 00 -046A, § 1, 2 -1 -00) Sec. 2-84. Nominating and appointing members to certain boards. All nominations to the public utilities board and parks and recreation board shall be by procedures established by the city council to fairly allow each member of the city council an opportunity to nominate a member to each of these boards. All appointments to the public utilities board and parks and recreation board shall be by affirmative vote of four (4) members of the city council. (Ord. No. 96 -169, § I, 7- 16 -96; Ord. No. 99 -268, § 2, 8 -3 -99) Secs. 2 -85-2 -105. Reserved. Supp. No. 16 165 1 1 SMI., Dm..mtRW.1j s ds!. Pn116y °Am d..t.D0C RESOLUTION NO. 2f DO —0O, A RESOLUTION AMENDING THE ETHICS POLICY FOR ELECTED AND APPOINTED OFFICIALS FOR THE CITY OF DENTON, TEXAS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, on May 18, 2004 City Council passed Resolution R2004 -025 adopting an Ethics Policy for Elected and Appointed Officials and upon a recommendation by the Council Ethics Sub - committee hereby approves an amendment to the policy as set forth herein; and WHEREAS, the City Council of the City of Denton acknowledges that our government is a representative democracy and those who are elected or appointed to serve others as representatives accept a public trust that requires them to faithfully and diligently fulfill their public responsibilities; and WHEREAS, the City Council of the City of Denton recognizes the those individuals who serve as public servants must adhere to a higher ethical standard of conduct since the activities of government should benefit the community as a whole and should never benefit the individual interest of public decision makers; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the following ETHICS POLICY for Elected and Appointed Officials — City of Denton, Texas, which shall apply to all elected and appointed officials of the City, is hereby amended to read as follows: ETHICS POLICY for Elected and Appointed Officials - City of Denton, Texas. This Ethics Policy has been adopted to encourage and ensure the highest standards of personal and public conduct during tenure in office. Adherence to this Policy will maintain the confidence and trust in the decision - makers and representatives of the City who must remain independent, impartial, and accountable to the people they serve. In addition, elected and appointed officials must adhere to Texas state statues and City Charter provisions and City Council Rules of Procedure governing their conduct. These are listed at the end of this Policy. Thus, elected City Council Members as well as appointed members of the City's Boards and Commissions are asked to subscribe to the Texas statutes, City of Denton Charter, Rules of Procedures for City Boards and Commissions, and this Ethics Policy. 1. As a representative of the City of Denton, I will be ethical. I will act with integrity and moral courage. 1 will be absolutely truthful. I will make impartial decisions that are free of bribes, unlawful gifts, narrow political interests and other personal interests that might impair my independence of judgment. I will always decide what is best for the whole city. I will respect confidences and information designated "confidential" to the extent S:'0 -1 MC...1WL{ 1Y1iW%061Ethi1. ft1i1Y Am do t DOC permitted by law. I will use my title and city logo or letterhead only when conducting official City business and will not exceed my authority. 2. As a representative of the City of Denton, I will be service - oriented. I will be friendly, receptive, courteous, and respectful to everyone. I will be attuned to and care about the needs and issues of all Denton citizens. 3. As a representative of the City of Denton, I will be fiscally responsible. I will make prudent decisions, taking into account the long -term financial needs of the City and its financial stability. I will make decisions that seek to promote programs and services for City residents. 4. As a representative of the City of Denton, I will be communicative. I will communicate that I am approachable, open- minded and willing to enter into dialog. I will listen carefully and my response will add value to the conversation. 5. As a representative of the City of Denton, I will be cooperative. 1 will work toward consensus building and gain value from diverse opinions. I will approach my position and relationships with a positive attitude. I will consider the broader regional and statewide implications of decisions. I will work with the Universities, DISD, the Chambers of Commerce, other governmental entities, and local nonprofit agencies and others as partners on common issues. 6. As a representative of the City of Denton, I will be progressive and receptive to new ideas. I will promote intelligent and thoughtful innovation whenever possible. I will be sensitive to the need for compromise, to think creatively, and improve existing models when necessary. I will keep my knowledge of local government current and growing. 7. As a representative of the City of Denton, I will not be delinquent in paying monies owed the City. I will not be in arrears on any city taxes, utility service charges, or other obligations owed the City. Elected officials and appointed officials, boards and commissions must adhere to the following Texas statutes: Civil Statutes Open Meetings Act (Tex. Govt. Code. Ann. Ch. 55 1) Public Information Act/Open Records Act (Tex. Govt. Code. Ann. Ch. 552) Conflicts of Interest (Tex. Loc. Govt. Code, Ch. 171, Ch. 212) Official Misconduct (Tex. Penal Code, Ch. 36, Ch. 39) Nepotism (Tex. Rev. Civ. Stat. Ann., arts. 5996a & 5996b) Whistleblower Protection (Tex. Rev. Civ. Stat. Ann., art. 6552 -16a) Page 2 of 3 V-0.1 D wcn(0m1.6w,1061Ethics Policy- Amcndn tDOC „ . a Competitive Bidding and Procurement (espec. Tex. Loc. Govt. Code, Ch. 252) State Penal Laws Bribery (Tex. Penal Code, § 36.02) Coercion of Public Servant or Voter (Tex. Penal Code, § 36.03) Improper Influence (Tex. Penal Code § 36.04) Tampering with a Witness (Tex. Penal Code § 36.04) Retaliation (Tex. Penal Code § 36.06) Gifts to Public Officials (Tex. Penal Code § 36.08) Offering Gift to Public Servant (Tex. Penal Code § 36.09) Abuse of Office (Chapter 39) Official Misconduct (Tex. Penal Code § 39.01) Official Oppression (Tex. Penal Code § 39.02) Misuse of Official Information (Tex. Penal Code § 39.03) City Documents In addition, the City of Denton Charter, the City Council Rules of Procedure, House Rules and Code of Election Ethics are applicable. The Ethics Policy is designed as a positive guide to the behavior and decorum of Council and board members as they represent the citizens of Denton. 1 will voluntarily accept reprimand from my colleagues if I should act contrary to this policy. SECTION 2. This resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the �/7. day of a 2006. _ ....'� EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY; t : ?� APPR� VEIL AS LEGAL FORM: EDNN mm Page 3 of 3 1 1 S:1Legall0ur Documentsl0rdinances11 MC Rules of Procedures.doe ORDINANCE NO. 2011 -038 AN ORDINANCE REPEALING ORDINANCE NO. 2009 -174 AND ORDINANCE NO. 2010- 312 AND AMENDING SECTION 2 -29 OF THE CITY OF DENTON CODE OF ORDINANCES RELATING TO RULES OF PROCEDURE FOR THE CITY COUNCIL OF THE CITY OF DENTON; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton desires to conduct the City Council meetings of the City of Denton in the most efficient and time effective manner; and WHEREAS, the City Council also desires to allow open dialogue by citizens of the community regarding the business of city government; and WHEREAS, recent meetings of the City Council have run into the late evening hours and even the early morning hours, thereby inconveniencing citizens waiting to make comments to the City Council and fatiguing the Council, staff and citizens; and WHEREAS the City Council has conducted a pilot project test for several months of some alternative processes and procedures to streamline the City Council meetings, limit their duration, and facilitate citizen's access to make comments to their local governing body; and WHEREAS the City Council is of the opinion that such alternative processes and procedw•es have effected the desired goals and the City Council is desirous of codifying these changes in the Rules of Procedure; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That Section 2 -29 of the City Code, known as the Denton City Council Rules of Procedure, is hereby amended to read as follows: 1. (2- 29(a)) AUTHORITY 1.1(1) Charter: Pursuant to the provisions of Section 2.07 of the Charter of the City of Denton, Texas, the City Council hereby enacts these rules of procedure for all meetings of the City Council of the City of Denton, Texas. During any meeting, a reasonable opportunity shall be given for citizens to be heard under these rules. These Rules of Procedure are enacted as guidelines to be followed by all persons in the Council Chamber including the city administrative staff, news media, and visitors. 2.(2-29(b)) GENERAL RULES 2.1 (1) Meetings to be Public: All official meetings of the Council and Council committees and subcommittees, except closed meetings permitted by the provisions of the Texas Open Meetings Act, Chapter 551, TEX. GOVT. CODE ANN. (Vernon Annotated Texas Civil Statutes (Vemons 2009), as amended, shall be open to the public. SA Legaf\Our Documents \OrdinancesU ACC Rules of Procedures.doc 2.2 (2) Quo rum: Four members of the Council shall constitute a quorum for the transaction of business. (Charter, Section 2.06) 2.3 (3) Compelling Attendance: No member shall be excused from attendance at a Council meeting except for good and valid reasons. It will be the duty of the Council member to notify the City Secretary prior to the meeting at which he or she is going to be absent. The City Secretary will record each Council member as being present or absent as a part of the minutes prepared for each Council meeting. 2.4 (4) Misconduct: The Council may punish its own members for misconduct consistent with any Ethics Policy adopted by the Council. 2.5 (5) Minutes of Meetings: An account of all proceedings of the Council shall be kept by the City Secretary and shall be entered in a book constituting the official record of the Council. A certified agenda shall be prepared and shall be approved by the Mayor for all closed meetings for which a certified agenda is required to be kept in accordance with Chapter 551, TEX. GOVT. CODE ANN. (Vemons 2009), as amended. 2.6 (6) Questions to Contain One Subject: All questions submitted for a vote shall contain one subject, except the City Council may approve all items which are on the consent agenda in one motion, regardless of how many subjects are contained in the consent agenda, so long as all items have been properly posted in accordance with the Texas Open Meetings Act and have not been removed from the consent agenda by a Council member. If two or more points are involved, any member may require a division, if the question reasonably admits of a division. 2.7 (7) Ri>yht of Floor: Any member desiring to speak shall be recognized by the Chairperson, and shall confine his or her remarks to the subject under consideration or to be considered. No member shall be allowed to speak more than once on any one subject until every member wishing to speak shall have spoken. 2.8 (8) City Manager: The City Manager, or Acting City Manager, shall attend all meetings of the Council unless excused. He or she may make recommendations to the Council and shall have the right to take part in all discussions of the Council, but shall have no vote. (Charter, Section 5.03 (d)). 2.9 (9) City Attorney: The City Attorney, or Acting City Attorney, shall be available upon request for all meetings of the Council unless excused and shall, upon request, give an opinion, either written or oral, on questions of law. The City Attorney shall act as the Council's parliamentarian. 2.10 (10) City Secretary: The City Secretary, or Acting City Secretary, shall attend all meetings of the Council unless excused, and shall keep the official minutes and perform such other duties as may be requested by the Council. 2.11 (11) Officers and Em_plMyees: Any officer or employee of the City, when requested by PAGE 2 S:\Lcgal\Our DocumentAOrdinances1111CC Rules of Procedures.doo the City Manager, shall attend any meeting of the Council. If requested to do so by the City Manager, such employee may present information relating to matters before the Council. 2.12 (12) Rules of Order: These rules govern the proceedings of the Council in all cases, except that where these rules are silent, the most recent Edition of Robert's Rules of Order revised shall govern. 2.13 (13) Suspension of Rules: Any provision of these rules not governed by the City Charter or other City Code provisions may be temporarily suspended by the affirmative vote of four members of the Council. The vote on any such suspension shall be taken by yeas or nays and entered into the minutes of the Council. 2.14 (14) Amendment of Rules: These rules may be amended, or new rules adopted by the affirmative vote of four members of the Council, provided that the proposed amendments or new rules shall have been introduced before the City Council at a prior Council meeting. 3,(2-29(c)) CODE OF CONDUCT 3.1 (1) Council members: a. During Council meetings, Council members shall preserve order and decorum and shall neither by conversation or otherwise delay or interrupt the proceedings nor refuse to observe the rules of the Council. b. A Council member, once recognized, shall not be interrupted while speaking unless called to order by the Mayor or presiding officer, unless a point of order is raised by another member or the parliamentarian, or unless the speaker chooses to yield to questions from another member. If a Council member is called to order while he or she is speaking, he or she shall cease speaking immediately until the question of order is determined. If ruled to be in order, he or she shall be permitted to proceed. If ruled not to be in order he or she shall remain silent or shall alter his or her remarks so as to comply with rules of the Council. 3.2 (2) Administrative Staff: a. Members of the Administrative staff and employees of the City shall observe the same rules of procedure and decorum applicable to members of the Council, and shall have no voice unless and until recognized by the Chair. b. While the presiding officer shall have the authority to preserve decorum in meetings as far as staff members and City employees are concerned, the City Manager also shall be responsible for the orderly conduct and decorum of all City employees under his or her direction and control. c. The City Manager shall take such disciplinary action as may be necessary to insure that such decorum is preserved at all times by City employees in Council meetings. d. All remarks and questions addressed to the Council shall be addressed to the Council as a PAGE 3 SALegal \Our Documents \0rdinances \I I \CC Rules of Procedures.doc whole and not to any individual member thereof. e. No staff member, other than a staff member having the floor, shall enter into any discussion either directly or indirectly without permission of the presiding officer. 3.3 (3) Citizens: a. Citizens and other visitors are welcome to attend all public meetings of the City Council, and will be admitted to the City Council Chamber or other room in which the City Council is meeting, up to the fire safety capacity of the room. b. All meeting attendees shall conduct themselves with propriety and decorum. Conversations between or among audience members should be conducted outside the meeting room. Attendees will refrain from excessively loud private conversations while the Council is in session. c. Unauthorized remarks from the audience, stamping of the feet, applauding, whistles, yells, and similar demonstrations shall not be permitted. d. Placards, banners, or signs will not be permitted in the City Council Chamber or in any other room in which the City Council is meeting. Exhibits, displays, and visual aids used in connection with presentations to the City Council, however, are permitted. e. Audience members may not place their feet on any chairs in the City Council Chamber or other room in which the City Council is meeting. f. Only City Council members and City staff may step onto the dais. g. All people wishing to address the City Council shall first be recognized by the presiding officer and shall limit their remarks to the matter under discussion. h. All remarks and questions addressed to the City Council shall be addressed to the City Council as a whole and not to any individual members. L Any person addressing the City Council in the City Council Chamber shall do so from the lectern unless physically unable to do so. People addressing the City Council shall not be permitted to approach the dais. If they wish to hand out papers or other materials to the City Council, they should express that desire to the presiding officer, and the City Manager shall direct a staff member to hand out the materials. j. When the time has expired for a presentation to the City Council, the presiding officer shall direct the person speaking to cease. A second request from the presiding officer to cease speaking shall be cause of the removal of the speaker if that person continues to speak. k. Equipment, apparatus, or paraphe>malia such as camera tripods, easels, or wheelchairs shall not obstruct, block, or otherwise be located in the doorway, entranceway, or walkways of PAGE 4 SAL.egah0ur Documenls\Ordinances1111CC Rules of Procedures.doc the City Council Chambers or of any other room in which the City Council may choose to meet. Representatives of the electronic media may set up cameras and other equipment only in the back of the room. It is permissible for television camera operators to film for short periods of time (several minutes) from the entranceway to the City Council Chambers using hand -held cameras only. Any radio station, which broadcasts the regular City Council meetings live may hook their equipment up at the front of the room as long as it remains out of sight and out of the way. 1. There will be a uniformed City of Denton police officer present at all regular meetings of the City Council. This police officer shall act in the capacity of a security officer /sergeant -at- arms, and shall enforce the meeting rules and act upon the direction of the presiding officer. m. Any person making personal, impertinent, profane, or slanderous remarks, or who becomes boisterous while addressing the City Council or who otherwise violates any of the above - mentioned rules while attending a City Council meeting shall be removed from the room at the direction of the presiding officer, and the person shall be barred from further audience before the City Council during that session of the City Council. If the presiding officer fails to act, any member of the City Council may move to require the offending person's removal, and the affirmative vote of a majority of the City Council shall require the presiding officer to act. The sergeant -at -arms, if so directed by the presiding officer or an affirmative vote of the majority of the City Council, shall remove the offending person from the meeting. 3.4 (4) Enforcement: The City Manager, in the absence of a designated law enforcement officer, shall act as Sergeant -at -Arms for the Council, and shall furnish whatever assistance is needed to enforce the rules of decorum herein established. 3.5 (5) Seating Arran ms; The City Secretary, City Manager and City Attorney shall occupy the respective seats in the Council Chamber assigned to them by the Mayor, but any two or more members of the Council may exchange seats. 4. (2- 29(d)) TYPES OF MEETINGS 4.1 (1) Regular Meetings: The Council shall meet on the first and third Tuesday of each month, at such time as may be set by the City Council, unless the meeting is postponed or cancelled for valid reasons. All regular meetings of the Council will be held in City Hall at 215 East McKinney Street, Denton, Texas or at such other location as the City Council may, by motion, resolution or ordinance from time to time designate. 4.2 (2) Special Meetings; Special meetings may be called by the Mayor, the City Manager, or by any three members of the Council. The call for a special meeting shall be filed with the City Secretary in written form, and he or she shall post notice thereof as provided by the Texas Open Meetings Act, TEX, GOV'T. CODE ANN. § 551.001, et seq. (Vemons 2009, as amended). The Mayor, City Manager, or three of the council members may designate a location for the special meeting other than City Hall as long as the location is open to the public. 4.3 (3) Workshop Meetings: Workshop meetings or work sessions may be held on the first PAGE 5 SALegall0ur Documentsl0rdinancesl1 I\CC Rules of Procedures.doe and third Tuesday of each month at such time as may be set by the City Council, or on such other day as the City Council may designate and at such time as may be set by the City Council to discuss near to mid or long range issues and to answer City Council questions concerning all agenda items. Workshops or Work Sessions may be called using the same procedure required for special meetings as provided for in Section 4.2(2) above. The purpose of the workshop meeting is to discuss or explore matters of interest to the City, to meet with City boards, commissions, or committee members, City staff or officers of civic organizations, governing bodies or individuals specifically invited to the session by the Mayor, Council or City Manager. These meetings are informational and normally no final action shall be taken unless the posted agenda indicates otherwise. Citizens or other interested persons attending the workshop meeting will be allowed to make citizen comment regarding consent agenda items to be considered in the regular council meeting. This will be the only opportunity for citizens to speak to consent agenda items unless the item is removed from the consent agenda by a member of the Council to be considered as an individual item during the regular meeting. Speakers will be allowed three minutes per speaker and may comment on any or all consent agenda items so long as any speaker's time does not exceed a total of three minutes. All speakers must comply with 2- 29(f)(4)b. with regard to completing a "request to speak" card prior to the council's consideration of the clarification of the consent agenda items. As it concerns all other items posted on the workshop agenda, citizens or other interested persons may not participate in the session unless invited to do so by the Mayor. Citizens should be advised of the nature of the work session and that they may make comment on the consent agenda items as herein specified, but that their input on other items on the agenda may be received and considered at a regularly scheduled council meeting where the agenda provides for final action to be taken on the matter. The purpose of this procedure is to allow the citizens attending the regular meeting the opportunity of hearing the views of their fellow citizens in a more formal setting. Any citizen may supply the City Council a written statement or report regarding the citizen's opinion on a matter being discussed in a work session. If the Mayor invites citizens to participate in a work session other than citizen comment on consent items,.their participation will cease at the point the Mayor closes the session to public input to allow the Council to give City staff direction as to needed information for the possible future meeting without distracting comment from the audience. 4.4 (4) Emergency Meetings; In case of emergency or urgent public necessity, which shall be expressed in the notice of the meeting, an emergency meeting may be called by the Mayor, the City Manager or by three members of the Council, and it shall be sufficient if the notice is posted two hours before the meeting is convened. 4.5 (5) Closed Meetings: The Council may meet in a closed meeting pursuant to the requirements of the Texas Open Meetings Act, Chapter 551, TEX. GOVT CODE ANN. (Vernon 2009), as amended. 4.6 (6) Recessed Meetings: Any meeting of the Council may be recessed to a later time, provided that no recess shall be for a longer period than until the next regular meeting. 4.7 (7) Notice of Meetings: The agenda for all meetings, including Council Committee or Subcommittee meetings, shall be posted by the City Secretary on the City's official bulletin board and notice of all meetings shall be given by the City Secretary pursuant to the requirements of the Texas Open Meetings Act, Chapter 551, TEX. GOVT CODE ANN. (Vernons 2009, as amended.) PAGE 6 SALegal\Our Documents0rdinancesll ACC Rules ofProcedures.doe 5. (2- 29(e)) PRESIDING OFFICER AND DUTIES 5.1 (1) Presiding Officer: The Mayor, or in the absence of the Mayor, the Mayor Pro -Tem, shall preside as chairman, or presiding officer at all meetings of the Council. In the absence of the Mayor, Mayor Pro -Tem, the Council shall elect a temporary presiding officer. (Charter, Section 2.03) 5.2 (2) Call to Order: The meetings of the Council shall be called to order by the Mayor, or in his or her absence, by the Mayor Pro -Tem. In the absence of both the Mayor and the Mayor Pro - Tem, the meeting shall be called to order by the City Secretary, and a temporary presiding officer shall be elected as provided above. 5.3 (3) Preseivation of Order: The presiding officer shall preserve order and decorum, and confine members in debate to the question under discussion. The presiding officer shall call upon the Sergeant -at -Arms as necessary to enforce compliance with the rules contained herein. 5.4 (4) Points of Order: The presiding officer shall determine all points of order, subject to the right of any member to appeal to the Council. If any appeal is taken, the question shall be, "Shall the decision of the presiding officer be sustained ? ". If a majority of the members present vote "No ", the ruling of the chair is overruled; otherwise, it is sustained. 5.5 (5) Questions to be Stated: The presiding officer shall state all questions submitted for a vote and announce the result. A roll call vote shall be taken upon the request of any member, and upon the passage of all ordinances and resolutions. 5.6 (6) Substitution for Presiding: The presiding officer may call any other member to take his or her place in the chair, such substitution not to continue beyond adjournment. 5.7 (7) Call for Recess: The presiding officer may call for a recess of up to fifteen (15) minutes at regular intervals of approximately one hour at appropriate points in the meeting agenda, or if requested by any two members. 6. 2 -29 (f)(4)(5) ORDER OF BUSINESS 6.1 (1) Agenda: The order of business of each meeting shall be as contained in the agenda prepared by the City Manager, which shall be reviewed and approved by an Agenda Committee composed of the Mayor, the Mayor Pro Tem, and the City Manager. When items are removed from the consent agenda and placed on the regular agenda by members of the Council, the removed items shall be taken up in the order of removal right after the consent agenda. Placement of items on the agenda shall be governed by this Section and Section 6.3; provided that if a Council member has an "emergency" item that the Council member believes should be placed on the next regular or special meeting agenda, the placement must be approved by two members of the Agenda Committee or at the direction of a majority of the Council. Conduct of business at special meetings and Council Committees and subcommittees NNU likewise be governed by an agenda and these Rules of Procedure. PAGE 7 SALega1 \0ur Documents \Ordinances \l l \CC Rules of Procedures,doe 6.2 (2) Pledge of Allegiance: Each agenda shall provide an item for the recital of the "Pledge of Allegiance" at the regularly scheduled city council meetings. This item shall begin with the recital of the pledge of allegiance for the United States flag and shall follow with a recital of the pledge of allegiance for the Texas state flag in accordance with Section 3 100. 101 of the Tex. Gov't Code. 6.3 (3) Presentations by Members of Council or City Manager: The agenda shall provide a time when the Mayor or any Council member may bring before the Council any business that he or she feels should be deliberated upon by the Council at a future Council meeting. These matters need not be specifically listed on the agenda, but discussion and formal action on such matters shall be deferred until a subsequent Council meeting. Any member may suggest an item for discussion at a future work session. The City Manager or City staff shall only respond preliminarily on this item at the work session. If the City Council believes the item requires a more detailed review, the Council will give the City Manager or City Staff direction to place the item on a future regular meeting agenda and advise staff as to the background materials to be desired at such meeting. The City Council may receive fiom the City Manager or City staff or a member of the City Council reports about items of community interest including expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen, except that a discussion regarding a change in the status of a person's public office or public employment is not an honorary or salutary recognition for purposes of this subdivision; 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 governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda so long as authorized by the Texas Open Meetings Act, Chapter 551, TEX. GOV'T CODE ANN. (Vernon Annotated Texas Civil Statutes 2009) (Vemons 2009). 6.4 (4) Presentations from Members of the Public: a. Reports from Members of the Public: Any person who wishes to place a subject on the Council agenda at regular City Council meetings shall advise the City Manager's office of that fact and the specified subject matter which he or she desires to place on the agenda no later than 5:00 p.m. Wednesday prior to the Council meeting at which he or she wishes the designated subject to be considered. Such reports shall be heard either at the beginning of the regular meeting of the City Council, or later on the council's agenda at a place determined by the Agenda Committee in light of the length of the agenda and the anticipation of time needed for the agenda items under consideration. Placement of citizen reports at the beginning of the agenda shall be determined by a rule of rotation as follows: Every member of the public will be given an opportunity for placement of their report at the beginning of the regular city council meeting once every six (6) months; should a citizen desire to present reports more frequently than once every 6 months, such reports will be heard by the council at the time determined by the Agenda Committee after the calling of an agenda item posted for such purpose; and speakers will be PAGE 8 SALegal \Our Documents \Ordinances\i 1 \CC Rules of Procedures.doc assigned to the first part of the meeting on a first come, first served basis with a limit of three (3) speakers assigned to this early forum. It is the intent of the rule of rotation to better manage the time of the City Council members, the city staff, and to fashion some more available and convenient time for all members of the public to address the City Council on a non - discriminatory and rotating basis. Any speaker providing a report shall speak for no longer than four (4) minutes on all items that he or she may bring before the Council at each meeting, unless the Mayor or the majority of the Council grants an extension of time. No person may fill out a "request to speak" form in order to speak or comment on another person's report, which is given at the same Council meeting. An announcement may be made, prior to the time for reports from members of the public on the agenda, summarizing the main portions of the Rules and subsection (c), "Code of Conduct" as they may apply to members of the public speaking to the Council. b. Speaking on Regular and Consent Agenda Items: Any person who wishes to address the Council regarding a non -public hearing item that is on the Council's agenda, shall complete a "request to speak" form asking to speak regarding the item and shall return it to the City Secretary before the Council considers the item. This procedure applies to speakers desiring to speak to items for individual consideration on the agenda during the regular meeting of the City Council, as well as to speakers desiring to speak to consent agenda items during a workshop session. During the regular session, the Mayor will call upon the person to speak for no longer than three (3) minutes as that particular agenda item is considered by the City Council, except that applicants and their agents on public hearing items shall be allowed to speak for no longer than five (5) minutes or as indicated in subsection (f)(5). The provisions of 2- 29(d)(3) "Workshop Meetings" shall control with regard to time limitations for speakers on consent agenda items. c. Public Hearings: Any person who wishes to address the Council at a public hearing is encouraged to complete a "request to speak" form and return it to the City Secretary before the applicable hearing. The Mayor will call upon the person to speak for no longer than three (3) minutes or five (5) minutes for applicants and their agents in accordance with paragraph 6.5(5) "Time Limits." d. Any group or organization comprised of ten or more members present in the City Council Chambers who wishes to address the Council at a public hearing or on a non - public hearing agenda item shall designate a representative to address the City Council and shall limit their remarks to ten (10) minutes or less. The group or organization shall turn in a written designation to the City Secretary prior to the commencement of the meeting identifying the representative who will address the City Council on behalf of the group or organization. 6.5 (5) Time Limits: Speakers before the Council shall limit their remarks to no more than three (3) minutes for public hearing items provided that applicants for land use or other public hearing items and their agents shall limit their remarks to five (5) minutes or less per speaker and shall have a maximum of fifteen (15) minutes to speak to the item. Reports from members of the public shall be limited to four (4) minutes or less. Groups or organizations comprised of ten or more members shall limit their remarks in accordance with the parameters established in paragraph 2- 29(f)(4). Speakers before the Council on consent agenda items during the workshop sessions shall limit their remarks on all consent items to no more than three (3) minutes per section 2- 29(d). At the discretion of the presiding officer or a majority of the City Council, any speaker may be PAGE 9 SALegahOur Documents \Ordinances \l 1 \CC Rules of Proeedures.doc granted an extension of time to speak. 6.6 (6) Presentation of Proclamations: The agenda may provide a time for the presentation of proclamations. The Mayor or presiding officer may deliver and present proclamations upon the request of citizens. Proclamations may encompass any activity or theme except that proclamations with a theme religious or partisan in nature shall not be presented. Moreover, proclamations shall not be used for any commercial or advertising purpose. 7. (2- 29(g))CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS 7.1 (1) Printed or Typewritten Form: All ordinances and resolutions shall be presented to the Council in printed, typewritten or electronic form. The Council may, by proper motion, amend any ordinance or resolution presented to it at the meeting at which it is presented or directs that the amended ordinance be placed on the next or any future Council Agenda for adoption. 7.2 (2) City Attorney to Approve: . All ordinances, resolutions, and contracts and amendments thereto, shall be approved as to form and legality by the City Attorney, or he or she shall file a written opinion on the legality of such ordinance, resolution or contract prior to submission to the Council. (Charter, Section 6.02). 7.3 (3) Distribution of Ordinances and Resolutions: The City Manager shall prepare copies of all proposed ordinances and resolutions for distribution to all members of the Council at the meeting at which the ordinance or resolution is introduced, or at such earlier time as is expedient. 7.4 (4) Recording of Votes: The yeas and nays shall be taken upon the passage of all ordinances and resolutions and the vote of each member shall be recorded in the minutes. (Charter, Section 2.06 (b)). 7.5 (5) Majority Vote Required: An affirmative vote of four (4) members is necessary to repeal any ordinance or take any official action in the name of the City except as otherwise provided in the Charter, by the laws of the State of Texas, or these Rules. (Charter, Section 2.06). 7.5.1(a) Tie -Vote: Matters voted on by the City Council which end in a tie -vote shall automatically be placed on each subsequent Council meeting agenda until a full Council is present. 7.6 (6) Demand for Roll Call: Upon demand of any member, the roll shall be called for yeas and nays upon any question before the Council, with the exception of those circumstances set forth in Section 7.12, The Previous Question. It shall not be in order for members to explain their vote during the roll call. 7.7 (7) Personal Privile>7e: The right of a member to address the Council on a question of personal privilege shall be limited to cases in which his or her integrity, character, or motives are assailed, questioned, or impugned. 7.8 (8) Dissents and Protests: Any member shall have the right to express dissent from or protest against any ordinance or resolution of the Council and have the reason therefore entered PAGE 10 SAI.egallOur DocumentAOrdinances\I I1CC Rules of Procedures.doc upon the minutes. Such dissent or protest may be filed in writing, and presented to the Council not later than the next regular meeting following the date of passage of the ordinance or resolution objected to. 7.9 (9) Voting Required: No member shall be excused from voting except for lack of information and except on matters involving the consideration of his or her own official conduct, or where his or her personal interests are involved in accordance with Chapter 171, TEX. LOC. GOV'T CODE ANN. (Vernon 2009), and in these instances he or she shall abstain. Any member prohibited from voting by personal interest shall announce this at the commencement of consideration of the matter and shall not enter into discussion or debate on any such matter and shall leave the meeting room. The member having briefly stated the reason for his or her request, the excuse from voting shall be made without debate. 7.10 (10) Order of Precedence of Motions: a. The following motions shall have priority in the order indicated: 1. Adjourn (when unqualified) and is not debatable and may not be amended; 2. Take a recess (when privileged); 3. Raise a question of privilege; 4. Lay on the table; 5. Previous question (2/3 vote required); 6. Limit or extend limits of debate (2/3 vote required); 7. Postpone to a certain time; 8. Commit or refer; 9. Amend; 10. Postpone indefinitely; 11. Main Motion. b. The first two motions are not always privileged. To adjourn shall lose its privilege character and be a main motion if in any way qualified. To take a recess shall be privileged only when other business is pending. c. A motion to adjourn is not in order: 1. When repeated without intervening business or discussion; PAGE 11 SALegall0ur DocumentAOrdinances1111CC Rules of Procedures.doc 2. When made as an interruption of a member while speaking; 3. While a vote is being taken. d. Only certain motions may be amended as provided in the most current edition of Robert's Rules of Order, revised. A motion to amend shall be undebatable when the question to be amended is undebatable. 7.11 (11) Reconsideration: A motion to reconsider any action of the Council can be made not later than the next succeeding official meeting of the Council. Such a motion can only be made by a member who voted with the prevailing side. It can be seconded by any member. In order to comply with the Texas Open Meetings Act, any Council member who wishes to make such a motion at a meeting succeeding the meeting where the action was taken shall notify the City Manager to place the item for reconsideration on the Council agenda. No question shall be twice reconsidered, except by unanimous consent of the Council, except that action related to any contract may be reconsidered at any time before the final execution thereof. A matter which was not timely reconsidered in the manner provided by this section or was reconsidered but the action originally taken was not changed by the Council cannot be reintroduced to the Council or placed on a Council meeting agenda for a period of six (6) months unless this rule is suspended as provided for in these Rules of Procedure. 7.12 (12) The Previous Question: When the previous question is moved and seconded, it shall be put as follows: "Shall the main question be now put ? ". There shall then be no further amendment or debate; except that nothing herein shall allow the previous question to be called prior to a least one opportunity for each member of the Council to speak on the question before the Council. Any pending amendments shall be put in their order before the main question. If the motion for the previous question is lost, the main question remains before the Council. An affirmative vote of 213 of the Council shall be required to move the previous question. To demand the previous question is equivalent in effect to moving That debate now cease, and the Council shall immediately proceed to vote on the pending motion ". In practice, this is done with the phrase "Call for the question ", or simply saying "Question ". 7.13 (13) Withdrawal of Motions: A motion may be withdra Am, or modified, by its movant without asking permission until the motion has been stated by the Presiding Officer. If the movant modifies his or her motion, the seconding council member may withdraw his or her second. After the question has been stated, the movant shall neither withdraw it nor modify it without the consent of the Council. The subject different from that under consideration shall be admitted under color of amendment. A motion to amend an amendment shall be in order, but one to amend an amendment to an amendment shall not be in order. 7.14 (14) Appropriations of Money: Before formal approval by the Council of motions providing for appropriation of money, information must be presented to the Council showing purpose of the appropriation. In addition, before finally acting on such an appropriation, the Council shall obtain a report fiom the City Manager as to the availability of funds and his or her recommendations as to the desirability of the appropriation. PAGE 12 SALega110ur DocumentslOrdinances11 MCC Rules of Procedures.doc 7.15 (15) Transfer of Appropriations: At the request of the City Manager, at any time during the fiscal year, the Council may by resolution transfer an unencumbered balance of an appropriation made for the use of one department, division, or purpose; but no transfer shall be made of revenues or earnings of any non -tax supported public utility to any other purpose. 8. (2- 29(h)) CREATION OF COMMITTEES, BOARDS AND COMMISSIONS 8.1 (1) Council Committees: The Council may, by resolution and as the need arises, authorize the appointment of Council committees. Any committee so created shall cease to exist when abolished by resolution of the Council. 8.2 (2) Citizen Boards, Commissions, and Committees: The Council may create other Committees, Boards and Commissions to assist in the conduct of the operation of the City government with such duties as the Council may specify not inconsistent with the City Charter or Code. Creation of such Committees, Boards and Commissions and memberships and selection of members shall be by Council resolution if not otherwise specified by the City Charter or Code. Any Committee, Board, or Commission so created shall cease to exist when abolished by a resolution approved by the Council. No Committee so appointed shall have powers other than advisory to the Council or to the City Manager, except as otherwise specified by the Charter or Code. 8.3 (3) Appointments: a, Individual City Council members making nominations for members to citizen boards and commissions will consider interested persons on a citywide basis. b. The City Council will make an effort to be inclusive of all segments of the community in the board and commission appointment process. City Council members will consider ethnicity, gender, socio- economic levels, and other factors to ensure a diverse representation of Denton citizens. c. The City Council will take into consideration an individual's qualifications, willingness to serve, and application information in selecting nominations for membership to each board and commission. d. In an effort to ensure maximum citizen participation, City Council members will continue the general practice of nominating new citizens to replace board members who have served three consecutive terms on the same board per the provisions of Denton Code of Ordinances, Sec. 2- 65. e. Each City Council member will be responsible for making nominations for board and commission places assigned to him or her, which shall correspond to the City Council member's place. Individual City Council members will make nominations to the full City Council for the governing body's approval or disapproval. 8.4 (4) Rules of Procedure: Board, Commission and Committee members shall comply PAGE 13 SALegal%0ur DocumentAOrdinances11 MCC Rules of Procedures.doc with the provisions of Article III of Chapter 2 of the Code of Ordinances. Each Board, Commission and Committee member shall be provided a copy of these rules of procedure and a copy of the City of Denton Handbook for Boards, Commissions and Committees, which shall govern operational procedures of such Boards, Commissions and Committees. 9. (2 -29 (i)) VOTES REOUMED Questions on which the voting requirement is varied by the Charter, State Statutes and these rules are listed below: 9.1 (1) Charter and State Statuto Re uirements: a. Charter Amendment - Five Votes: Ordinances submitting proposed Charter amendments must be adopted by a two- thirds vote of the Council. (Article XI, Section 3, Texas Constitution and Chapter 9, Texas Local Government Code (Vernons 2009.) For a seven member Council, this means five members must vote affirmatively. b. Levying Taxes - Five Votes: Ordinances providing for the assessment and collection of certain taxes require the approval of two- thirds of the members of the Council (Section 302.101 Texas Tax Code) (Vernon, 2009). c. Changing Paving Assessment Plans - Five Votes: Changes in plans for paving assessment require 'a two- thirds vote of the Council (Section 313.053(e) Transportation Code, Vernons 2009). d. ' Changes in Zoning Ordinance or Zoning Classifications: In cases of a written protest of a change in a zoning regulation or zoning classification by the owners of twenty (20 %) percent or more either of the area of the lots included in such proposed change, or of the lots immediately adjoining the same and extending two hundred feet (200') therefrom, such amendment shall not become effective except by the favorable vote of three - fourths (3/4) of all members of the City Council; six (6) votes of the City Council is required to override the decision of the Planning and Zoning Commission that a zoning change be denied (Section 211.066 Tex. Loc. Gov't Code and Section 35.3.4.C.(4) Denton City Code (Development Code). e. Amendment of Tax Abatement Policy: The guidelines and criteria adopted as the City's Tax Abatement Policy may be amended or repealed by a vote of three- fourths (3/4) of all members of the City Council (Section 312.002(c)) Texas Tax Code (Vernons 2009). 10. (2 -290)) SEVERABILTTY CLAUSE That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. PAGE 14 SALega110ur Documentsl0rdinanceAl l%CC Rules of Procedures,doc SECTION 2. That Ordinance Nos. 2009 -174 and 2010.312 are hereby repealed. SECTION 3. That this Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _ day of �r " '2011, ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: At) J�&-jl AP1 OVED A S TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY...:_.._.. PAGE 15 1 • c:ldocuments and settingsljericharldesktoplcommittees reso 3 compare.doc RESOLUTION NO. R2009- A RESOLUTION RE- ESTABLISHING A STANDING COMMITTEE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS TO BE KNOWN AS THE AUDIT /FINANCE COMMITTEE AND ASSIGNING IT ADDITIONAL DUTIES; DISSOLVING THE INVESTMENT COMMITTEE; RESCINDING RESOLUTION NO. R2006 -013, R2006 -026, AND SECTION V. OF THE ATTACHMENT TO RESOLUTION NO. 82008 -009; FURTHER, RE- ESTABLISHING A STANDING COMMITTEE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS FOR THE CITY COUNCIL TO BE KNOWN AS THE APPOINTEE PERFORMANCE REVIEW COMMITTEE; RESCINDING RESOLUTION NO. R2007 -043; FURTHER RE- ESTABLISHING A STANDING COMMITTEE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS FOR THE CITY COUNCIL TO BE KNOWN AS THE CITY COUNCIL COMMITTEE ON THE ENVIRONMENT; RESCINDING RESOLUTION NO. R2005 -040; FURTHER, RE- ESTABLISHING A STANDING COMMITTEE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS FOR THE CITY COUNCIL ETHICS COMMITTEE; FURTHER, ESTABLISHING A STANDING COMMITTEE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS FOR THE CITY COUNCIL HOTEL OCCUPANCY TAX (HOT) COMMITTEE; FURTHER, RE- ESTABLISHING A STANDING COMMITTEE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS FOR THE CITY COUNCIL MOBILITY COMMITTEE; RESCINDING RESOLUTION NO. R2005 -041; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS,' the City of Denton deems it to be in the best interest of the City and beneficial to enhanced efficiency of governmental operations to consolidate the resolutions and ordinances creating the City Council oversight committees; and WHEREAS, the City Council opines that appointments to Council committees will be made in a more timely fashion upon the consolidation of the resolutions and ordinances creating these City Council committees; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: "1'I "l -LE I. RELATING TO THE AUD1 17FINAN 'E, ,OMMI 1 I EE SECTION 1. History of the Audit/Finance Committee and findings. A. On April 18, 2006, the Denton City Council established an Audit/Finance Committee by Resolution No. R2006 -013 (as amended by Resolution No. R2006 -026) to act as an advisory body to the Denton City Council to provide governance and oversight of the organization's audit activities, internal controls, and financial and operational reporting. B. On February 17, 1987, the Denton City Council approved a resolution creating an Investment Policy and establishing an Investment Committee by Resolution No. R87 -019. Odocuments and settings \jerichar\desktop \committees reso 3 compare.doc C. The City Council is of the opinion and hereby finds, that it is in the public interest that an Audit/Finance Committee be re- established and that such Committee should meet regularly to determine general investment strategies and to monitor such results. SECTION 2. Re- establishment of the Audit/Finance Committee and statement of duties and purpose of the Committee. A. The City Council hereby re- establishes a standing Audit/Finance Committee to be composed of three (3) members of the City Council to be appointed by the Mayor and approved by the City Council, The City Manager, or his or her designee, will provide guidance and assistance to the Committee and be responsible for ensuring that records are maintained in accordance with requirements of the city secretary's office. B. The Committee members shall serve at the pleasure of the City Council until successors are duly appointed by the Mayor and approved by the Denton City Council. The presiding officer of the Committee shall be chosen annually by the Committee. Members of the Committee must be current elected City Council members of the City of Denton, Texas. C. The duties and purpose of the Committee shall be to assist the City Council in fulfilling its organizational oversight responsibilities relating to the audit function, the investment function, and any other financial related activities as delegated by the City Council. Further, the Committee shall assist Council in its oversight duties related to the City's internal audit function as needed or as directed by Council. SECTION 3. The Investment Committee shall be dissolved and its duties and responsibilities are included in the duties of the Audit/Finance Committee as outlined in Section 2.C. SECTION 4. Resolutions No. R2006 -13, 82006 -026 and Section V. of the attachment to Resolution No. R2009 -006 are hereby rescinded. TTT T F TT T2 FT TTATr: Trl THE rTTV !`r)UN II A DDOT�T� 1 uM ... �,.... A zxasamm_a ki s w mix x L x, PERFORMANCE REVIEW COMMITTEE SECTION 1. History of the City Council Appointee Performance Review Committee and findings. A. On December 11, 2007, the Denton City Council re- established the City Council Appointee Performance Review Committee by Resolution No. R2007 -043 to act as an advisory body to the Denton City Council to recommend performance review standards to the City Council for City Page 2 of 8 Odocuments and settings \jcdchar\desktop \committees reso 3 compare.doc Council appointees, to include the City Manager, City Attorney, Municipal Court Judge and City Auditor. B. The Denton City Council finds that it is in the public interest to re- establish the Committee as a standing committee of the City Council. SECTION 2. Re- establishment of the City Council Appointee Performance Review Committee and statement of duties and purpose of the Committee. A. The City Council hereby re- establishes the City Council Appointee Performance Review Committee as a standing committee of the City Council. The Committee shall consist of three (3) City Council members to be appointed by the Mayor of the City of Denton, and approved by the Denton City Council. The City Manager will be responsible for ensuring that records are maintained in accordance with requirements of the city secretary's office. B. The Committee members shall serve at the pleasure of the City Council until successors are duly appointed by the Mayor and approved by the Denton City Council. The presiding officer of the Committee shall be chosen annually by the Committee. Members of the Committee must be current elected City Council members of the City of Denton, Texas. C. The duties and purpose of the Committee shall be to assist the City Council in performance review of the City Council appointees and to insure that the appointees' job descriptions are accurate and properly reflect current job duties in order to make recommendations to the City Council to assist the Council in evaluating the job performance of the Council Appointees. Additionally, the Committee will make recommendations regarding employment agreements, including renewals, of council appointee positions and any other duties as assigned by the City Council. SECTION 3. Resolution No. 82007 -043 is hereby rescinded. TITLE III. RELATING TO THE COMMITTEE ON THE ENVIRONMENT History of the Committee on the Environment and findings. SECTION _1 . A. On October 18, 2005, the Denton City Council established the City Council Committee on the Environment by Resolution No. R2005 -040 to act as an advisory body to the Denton City Council to address issues facing the Council that deal with Denton's stewardship, management, and conservation of environmental issues, environmental resources and related matters. Page 3 of 8 Odocuments and settings\jerichar\desktop \committees reso 3 compare.doc B. The City Council is of the opinion and hereby finds, that it is in the public interest that the City Council Committee on the Environment be re- established as a standing committee and that such Committee should meet regularly to consider environmental matters impacting the City of Denton and to recommend appropriate action to the City Council, as necessary. SECTION 2. Re- establishment of the City Council Committee on the Environment and statement of duties and purpose of the Committee. A. The Denton City Council hereby re- establishes a standing committee to be called the City Council Committee on the Environment. The Committee shall consist of three (3) City Council members who will be appointed by the Mayor of the City of Denton and approved by the Denton City Council. The City Manager will be responsible for ensuring that records are maintained in accordance with requirements of the city secretary's office. B. The Committee members shall serve at the pleasure of the City Council until successors are duly appointed by the Mayor and approved by the Denton City Council. The presiding officer of the Committee shall be chosen annually by the Committee. Members of the Committee must be current elected City Council members of the City of Denton, Texas. C. The duties of the Committee shall be to review, discuss, deliberate and consider environmental issues and resources and make recommendations to the Denton City Council. The Committee will also deliberate and make recommendations regarding any other matter delegated to the Committee by the City Council. SECTION 3. Resolution No. R2005 -040 is hereby rescinded. "TITLE IV. RELATING TO THE ary COUNCIL, ETHIC' COMM1' TEl SECTION 1. History of the City Council Ethics Committee and findings. A. On September 7, 2004, the Denton City Council established the City Council Ethics Committee by Ordinance No. 2004 -255, which is being rescinded by Ordinance No. 2009 -137 adopted on this date, to act as an advisory body to the Denton City Council on issues that may arise under the Ethics Policy for the City of Denton. B. The Denton City Council finds that it is in the public interest to re- establish the Committee as a standing committee of the City Council. Page 4 of 8 Odocuments and settings \jerichar\desktop \committees reso 3 compare.doc SECTION 2. Re- establishment of the City Council Ethics Committee and statement of duties and purpose of the Committee. A. The City Council hereby re- establishes the City Council Ethics Committee as a standing committee of the City Council. The Committee shall consist of three (3) City Council members to be appointed by the Mayor of the City of Denton, and approved by the Denton City Council. The City Manager, or his or her designee, shall serve as the recording secretary to the Committee and shall provide such administrative services as necessary. B. The Committee members shall serve at the pleasure of the City Council until successors are duly appointed by -the Mayor and approved by the Denton City Council. The presiding officer of the Committee shall be chosen annually by the Committee. Members of the Committee must be t current elected City Council members of the City of Denton, Texas. C. The duties and purpose of the Committee shall be to advise the Denton City Council on the Ethics Policy and to gather information from the Citizens of Denton regarding the Ethics Policy, conduct hearings and inquiries as herein set forth and consider other matters as delegated by the City Council. SECTION 3. Any person, including, any Elected or Appointed Official of the City of Denton, or any person acting on behalf of a public or private entity may request the Committee to consider an issue arising under the Ethics Policy by filing a written Notice of Potential Violation, ("Notice "), of the Ethics Policy with the City Secretary. The City Secretary shall make a copy of the Notice and provide a copy of the Notice to the Elected or Appointed Official who is named in the Notice, and to the Chair of the Committee. Within thirty days, the Chair shall place the notice on the Agenda of the Committee and the Committee shall provide notice of the meeting to the Elected or Appointed Official, and meet and conduct hearings, as necessary. The Committee may, in its discretion, determine to advise the City Council on the Notice. The Committee may extend this time period if the Committee needs additional information in order to properly advise the City Council regarding any issues raised in the Notice. VI. RELATING TO THE CITY COUNCIL HOTEL OCCUPANCY TAX (HOT) COMMITTEE mm .. SECTION 1. History of the City Council Hotel Occupancy Tax Committee and findings. A. The Denton City Council adopted Ordinance No. 75 -53 on December 16, 1975, amending Chapter 23 of the Code of Ordinances by adding Article I entitled "Hotel Occupancy Tax" which provides for the collection of a hotel occupancy tax. Page 5 of 8 cAdocuments and settings \jerichar\desktop \committees reso 3 compare.doc B. On January 6, 1976, the Denton City Council entered into a contractual agreement with the Denton Chamber of Commerce to promote tourism and advertise the City of Denton as a potential site for public meetings and conventions. C. By consensus of the Denton City Council at their work session of September 20, 1994, three representatives of the Denton City Council have served annually on a Hotel Occupancy Tax Fund Committee to monitor allocation and use of hotel occupancy funds. D. The Denton City Council finds that it is in the public interest to re- establish the Committee as a standing committee of the City Council. SECTION 2. Re- establishment of the City Council Hotel Occupancy Tax (HOT) Fund Committee and statement of duties and purpose of the Committee. A. The City Council hereby re- establishes a standing committee to be called the HOT Committee. The Committee shall be composed of three (3) members of the City Council to be appointed by the Mayor and approved by the City Council. The City Manager, or his or her designee, will provide guidance and assistance to the Committee and be responsible for ensuring that records are maintained in accordance with requirements of the city secretary's office. B. The Committee members shall serve at the pleasure of the City Council until successors are duly appointed by the Mayor and approved by the Denton City Council. The presiding officer of the Committee shall be chosen annually by the Committee. Members of the Committee must be current elected City Council members of the City of Denton, Texas. C. The duties and purpose of the Committee shall be to monitor allocation and use of hotel occupancy tax funds, ensuring funds are being used to directly enhance and promote tourism and the hotel /convention industry, recommend organizations to receive funding to the City Council, and other duties as delegated by the City Council. SECTION 3. Members of the Committee shall also serve as members of the Denton Live Advisory Board. "ill. RELATINi TO THE CITY COUNCIL MOBILITY COMMITTEE SECTION 1. History of the City Council Mobility Committee and findings. A. ' The Denton City Council, on October 18, 2005, heretofore established the City Council Mobility Committee by Resolution No. R2005 -041 to act as Page 6 of 8 cAdocuments and settings \jerichar\desktop \committees reso 3 compare.doc an advisory body to the Denton City Council regarding local and regional transportation issues. B, The Denton City Council finds that it is in the public interest to re- establish the Committee as a standing committee of the City Council. SECTION 2. Re- establishment of the City Council Mobility Committee and statement of duties and purpose of the Committee. A. The City Council hereby re- establishes a standing committee to be called the City Council Mobility Committee. The Committee shall be composed of three (3) members of the City Council to be appointed by the Mayor and approved by the City Council. The City Manager, or his or her designee, will provide guidance and assistance to the Committee and be responsible for ensuring that records are maintained in accordance with requirements of the city secretary's office. B. The Committee members shall serve at the pleasure of the City Council until successors are duly appointed by the Mayor and approved by the Denton City Council. The presiding officer of the Committee shall be chosen annually by the Committee. Members of the Committee must be current elected City Council members of the City of Denton, Texas. C. The duties and purpose of the Committee shall be to review, consider and make recommendations to the City Council regarding any changes to the Mobility Plan, local transportation policy, any items concerning regional transportation policies and activities and other duties as delegated to the Committee by the City Council. SECTION 3.' Resolution No. R2005 -041 is hereby rescinded. Ill. 1;�l .LA'FING I' O AI.,I.ti Cl l'i } " 1 ENTr IIwC C1TY Ct)UNC'IL C0M9t1JEES A. ALL COMMITTEES are subject to the provisions of Texas Government Code § §551 and 552, as amended, and its meetings shall be posted in compliance with the Texas Open Meetings Act. Minutes and records will be maintained in accordance with requirements of the city secretary's office. B. This Resolution shall become effective immediately upon its passage and approval. Page 7 of 8 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: Page 8 of 8 sAlegahour documentsVesolutionAl Mommittees reso 03251 Ldoc RESOLUTION NO. R201'1-009 A RESOLUTION AMENDING RESOLUTION NO. R2009 -015 TO ESTABLISH A STANDING COMMITTEE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS TO BE KNOWN AS THE CITY COUNCIL AIRPORT COMMITTEE TO ADVISE AND ASSIST THE CITY COUNCIL REGARDING CITY OF DENTON MUNICIPAL AIRPORT MATTERS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton deems it to be in the best interest of the City to create a standing committee of the Denton City Council on matters affecting the City of Denton Municipal Airport in the public interest of increasing public input and access into matters involving the Denton Airport and elevating the importance of the Denton Airport to the citizens of the community; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That Resolution No. R2009 -015 is hereby amended to add Title VIII, as follows: TITLE VIII. THE CITY COUNCIL AIRPORT COMMITTEE A. The City Council hereby establishes a standing committee to be called the City Council Airport Committee. The Committee shall be composed of three (3) members of the City Council to be appointed by the Mayor and approved by the City Council. The City Manager, or his or her designee, will provide guidance and assistance to the Committee and be responsible for insuring that records are maintained in accordance with the requirements of the City Secretary's Office. B, The Committee members shall serve at the pleasure of the City Council until successors are duly appointed by the Mayor and approved by the Denton City Council. The presiding officer of the Committee shall be chosen annually by the Committee. Members of the Committee must be current elected City Council members of the City of Denton, Texas, C. The duties and purpose of the Committee shall be to review, consider and make recommendations to the City Council on: the Airport Business Plan and the Airport Master Plan as now written or hereafter amended or enacted; any airport infrastructure improvement or other major project impacting the airport; the acquisition, review, and consideration of grant funding for the airport; contracts and leases of airport property, including recommending appropriate terms to the City Council; long term financial planning and budgetary issues affecting the airport; issues raised as a result of interface between citizens, airport tenants, or other interested parties, and members of the Council subcommittee regarding airport sAlegallour documentslresolutions \I llcommittees reso 032511.doc related issues; and other airport matters as may, from time to time, be assigned by the City Council or requested by the City Manager, or his or her designee. SECTION 2. Title VIII, of Resolution No. R2009 -015 is renumbered to Title IX, SECTION 3. All provisions of Resolution No. 82009 -015 in conflict herewith are superceded and repealed. SECTION 4. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED thus the ,� day of 201 1. , ATTEST: JENNIFER WALTERS, CITY SECRETARY BY 91 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 2 RESOLUTION NO. R2012 -026 A RESOLUTION AMENDING RESOLUTION NO. R2009 -015 BY ESTABLISHING A STANDING COMMITTEE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS TO BE KNOWN AS THE COMMITTEE ON CITIZEN ENGAGEMENT AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Denton deems it to be in the best interest of the City and beneficial to enhanced efficiency of governmental operations to establish, in addition to other standing Committees of the City Council, a City Council Committee on Citizen Engagement; and WHEREAS, the City Council opines such a committee is essential to insure efficient and timely distribution of accurate and complete information to our citizens; and WHEREAS, the City Council desires to use the dissemination of such information about city operations to engage citizens of this community in constructive dialogue with the goal of refining and broadening citizen input in processes of city governance; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. THAT Resolution No. R2009 -015 is hereby amended to add a new Title VIII. which will read as follows: TITLE Vlll R1',LA I' N F0 THE COMM1 lTEE ON CITIZEN ENGAGEMENT GEMENT SECTION 1. Establishment of the City Council Committee on Citizen Engagement and statement of duties and purpose of the Committee. A. The City Council hereby establishes a standing committee to be called the City Council Committee on Citizen Engagement. The Committee shall be composed of three (3) members of the City Council to be appointed by the Mayor and approved by the City Council. The City Manager, or his or her designee, will provide guidance and assistance to the Committee and be responsible for ensuring that records are maintained in accordance with requirements of the city secretary's office. & The Committee members shall serve at the pleasure of the City Council until successors are duly appointed by the Mayor and approved by the Denton City Council. The presiding officer of the Committee shall be chosen annually by the Committee. Members of the Committee must be current elected City Council members of the City of Denton, Texas. C. The duties and purpose of the Committee shall be to provide advice to both the City Council and /or staff regarding the timely distribution of accurate and complete information to Denton citizens and devise methods of engaging Denton citizens in the various processes of city government. The Committee shall, from time to time and at its discretion, make recommendations and provide information to the City Council relevant to its stated purpose. SECTION 2. THAT TITLE VIII. of Resolution No. R2009 -015 is renumbered to TITLE SECTION 3. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the //t day of 2012. MARK A. BURROU69S, MAYd ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: A�1. + L. . � -(,.. RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS ADOPTING THE CITY OF DENTON HANDBOOK FOR BOARDS, COMMISSIONS, AND COUNCIL COMMITTEES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. The City Council hereby adopts the City of Denton Handbook for Boards, Commissions, and Council Committees, a copy of which is attached hereto. SECTION 2. This resolution shall become effective immediately upon its passage and approval, PASSED AND APPROV ED this the he day of ..._.�.�..� .�:"'�.�.d'��_ .._._..._y 2009. MAYOR ATTEST: JENNIFER V►TALTERS, CITY SECRETARY APP .)VED a TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: �, m S.Ow Doscmm�atResotktS esadboatdoc s *gahour documentslresoMonsll MandboolJor RESOLUTIONNO, R2O11 -036 A RESOLUTION OF THE CITY OF DENTON, TEXAS ADOPTING A REVISED CITY OF DENTON HANDBOOK FOR BOARDS, COMMISSIONS, AND COUNCIL COMMITTEES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. The City Council hereby adopts a revised City of Denton Handbook for Boards, Commissions, and Council Committees, a copy of which is attached hereto. SECTION 2. This Resolution shall become effective immediately upon its passage and approval d "� PASSED AND APPROVED this the `Y day of 2011, _ _ ...���W..� A'- BL11ZRb1J6I -1S, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY.. APPROVED D AS 'l: O LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: �� RESOLUTION NO. 82012 -026 A RESOLUTION AMENDING RESOLUTION NO. R2009 -015 BY ESTABLISHING A STANDING COMMITTEE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS TO BE KNOWN AS THE COMMITTEE ON CITIZEN ENGAGEMENT AND PROVIDING FOR ANT EFFECTIVE DATE WHEREAS, the City of Denton deems it to be in the best interest of the City and beneficial to enhanced efficiency of governmental operations to establish, in addition to other standing Committees of the City Council, a City Council Committee on Citizen Engagement; and WHEREAS, the City Council opines such a committee is essential to insure efficient and timely distribution of accurate and complete information to our citizens; and WHEREAS, the City Council desires to use the dissemination of such information about city operations to engage citizens of this community in constructive dialogue with the goal of refining and broadening citizen input in processes of city governance; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. THAT Resolution No. R2009 -015 is hereby amended to add a new Title VIII. which will read as follows: _j J1 ' V11 ) IELATINQ "rO "1 "III. 11 _cOmmi 1: N CITIZEN ENGAGEMENT SECTION 1. Establishment of the City Council Committee on Citizen Engagement and statement of duties and purpose of the Committee. A. The City Council. hereby establishes a standing committee to be called the City Council Committee on Citizen Engagement. The Committee shall be composed of three (3) members of the City Council to be appointed by the Mayor and approved by the City Council. The City Manager, or his or her designee, will provide guidance and assistance to, the Committee and be responsible for ensuring that records are maintained in accordance with requirements of the city secretary's office. B. The Committee members shall serve at the pleasure of the City Council until successors are duly appointed by the Mayor and approved by the Denton City Council. The presiding officer of the Committee shall be chosen annually by the Committee. Members of the Committee must be current elected City Council members of the City of Denton, Texas. C, The duties and purpose of the Committee shall be to provide advice to both the City Council and/or staff regarding the timely. distribution of accurate and complete information to Denton citizens and devise methods of engaging Denton citizens in the various processes of city government. The Committee shall, from time to time and at its discretion, make recommendations and provide information to the City Council relevant to its stated purpose. 7 S11! ICTION 2. Tj,:LAjjJ �FFLE, DI -015 is -o TITLE 1. of," ResolufioLiLN0-,jUQQ9 j� � - Ix. SECTION 3. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the -4 // 14 day of 2012. BUR kkkk A. OUNW48, MAYOR ATTEST: JE1\1NIFERWALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: e" el L N sAlegal\our documents \resolutions \12\resolution amendments to b &c handbook re communication. doc RESOLUTION NO. R2012 -030 A RESOLUTION OF THE CITY OF DENTON AMENDING RESOLUTION NO. R2011 -036 REGARDING THE DENTON HANDBOOK FOR BOARDS, COMMISSIONS, AND COUNCIL COMMITTEES TO ADD A PROCESS BY WHICH BOARDS AND COMMISSIONS MAY COMMUNICATE WITH THE CITY COUNCIL; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council approved Resolution No. R2011 -036 which adopted a revised City of Denton Handbook for Boards, Commissions, and Council Committees; and WHEREAS, the City Council desires to add a provision in said Handbook which will provide for a process by which Boards and Commissions might communicate with the City Council regarding questions or recommendations concerning policy within the scope and purpose of the City's Boards and Commissions; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council of the City of Denton hereby adds as SECTION 2 to Resolution No. R2011 -036 the following language: SECTION 2. A process of communication between the City Council and the City's Boards and Commissions is hereby created, as follows: Upon consensus of a Board or Commission, such Board may request that staff propose questions regarding public policies or prepare policy statement recommendations regarding a matter that clearly falls within the scope and purpose of the Board. Such policy recommendations or questions, once approved by a majority of the Board or Commission, will be forwarded to the City Council for their response or consideration as Council determines appropriate. Boards and commissions may provide an annual or more periodic report to Council as appropriate outlining their activities, accomplishments, projects, and initiatives. Content of the report may be customized by each board. Such reports will be forwarded to the entire Council upon approval of the majority of the board. SECTION 2. SECTION 2 of Resolution No. R2011 -036 is renumbered to SECTION 3. SECTION 3. The City Council directs that the language referenced in SECTION 1 of this Resolution be included in the City of Denton Handbook for Boards, Commissions, and Council Committees upon subsequent publications of said Handbook, and that this Resolution accompany distribution of the Handbook until such time as additional publications are printed. s:V aahour documentslresolutions1121resolution amendments to b &c handbook re communicationAoc SECTION 4. This Resolution shall become effective immediately upon its passage and approval. :. PASSED AND APPROVED this the �� � � day of r��� �...�� 2012. MARK A BiJ I OU ClJS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY. .. . w .rvrI a b -�� �,_ Page 2 WE ADA /EOE /ADEA TDD: (800) 735 -2989 www.ciiyofdenton.com Resolution No. R2013- Published 09/2013 AGENDA DATE: DEPARTMENT: ACM: SUBJECT AGENDA INFORMATION SHEET September 10, 2013 Materials Management Bryan Langley Questions concerning this acquisition may be directed to Elton Brock at 349 -7133 Consider adoption of an ordinance awarding a contract under the Texas Multiple Award Schedule ( TXMAS) program for the purchase of HON Brand Office Furniture for various City of Denton departments as awarded by the State of Texas Contract TXMAS -6 -7- 1111060; providing for the expenditure of funds therefor; and providing an effective date (File 5268 -HON Furniture for various City Departments awarded to Multiple Approved Vendors as listed on Contract TXMAS -6 -7- 1111060 in the three (3) year not -to- exceed amount of $500,000). RFP INFORMATION Approximately 15 years ago, the City of Denton implemented a policy to standardize the brand of office furniture used in City facilities to the HON brand of office furniture. This allows furniture to be moved between different departments as organizational and personnel changes are made. Standardization also creates a more efficient and cost effective ordering process for the City. Approval of a three (3) year expenditure amount will allow City departments to purchase HON office furniture from any of the vendors listed on State of Texas Contract TXMAS -6 -7- 1111060 (Exhibit 1). There are approximately fifty -eight (5 8) HON vendors currently approved by the State of Texas. This includes one vendor located within the Denton city limits. Vendors are added or deleted as their contracts with the State are approved or expire. RECOMMENDATION Approve a contract under the Texas Multiple Award Schedule ( TXMAS) program for the purchase of HON Brand Office Furniture for various City of Denton departments as awarded by the State of Texas (Contract TXMAS -6 -7- 1111060 in the three (3) year not -to- exceed amount of $500,000. PRINCIPAL PLACE OF BUSINESS A list of current Approved Vendors is included as Exhibit 1. Agenda Information Sheet September 10, 2013 Page 2 ESTIMATED SCHEDULE OF PROJECT The TXMAS contract is in effect through March 26, 2016. The State of Texas has the option to renew the contract automatically after that date. Staff is requesting approval of expenditures for a three (3) year time period ending September 10, 2016. FISCAL INFORMATION The purchase of furniture will be funded from individual City of Denton department accounts as furniture needs are identified. EXHIBITS Exhibit 1: State of Texas Contract TXMAS -6 -7- 1 1 1 1 060 Respectfully submitted: Chuck Springer, 349 -8260 Director of Finance 1 AIS -FILE 5268 Exhibit 1 THE HON COMPANY - TXMAS Contract TXMAS -6 -7111 1060 Page 1 of 7 ��CIE1(�[ ?�tFO11 €S�tt {.�t)�'CCIiEiICEtt Sus�nC ombsEcF�, Coee��en +lErto(h:;.!�crl�a�"c.tc Search TXMAS Contracts Search Rebates: Pursuant to Texas Government Code § 2155.510(b), rebates generated from TXMAS contract purchases made using federal finds mast be reported to the federal funding agency for reporting and reconciliation purchases. Each quarter of the State's fiscal year, TXMAS contractors rebate .75% of their TXMAS sales to the State of Texas via the Texas Comptroller of Public Accounts (CPA). it is the purchasing entity's responsibility to report the amount of rebate using the above percent based on the total dollar value of the TXMAS purchase order. Example: A purchasing entity receives and uses federal fluids of $50,000 to purchase items /services on a TXMAS contract. The purchasing entity must report to the federal find- provider that a sales rebate of $375 ($50,000 x .75% = $375) will be paid to the State of Texas by the TXMAS contractor. NIP MAS Corporate Office: THE HON COMPANY 200 OAK STREET MUSCATINE IA 52761 USA Send PO to: THE HON COMPANY 200 OAK STREET CIO SERVICING DEALER MUSCATINE IA 52761 USA VendorlD:14214914740 Invoice From: THE HON COMPANY 200 OAK STREET MUSCATINE IA 52761 USA Vendor ID: CONTACT: CHRISTY LUNG Phone 563- 272 -7351 LUNGC r HONCOMPANY.COM THE HON COMPANY Contract TXMAS -6- 71111060 On -Line Catalog /Order Processing SPECIAL USE FURNITURE Delivery: 60 DAYS ARO FOB Point: DESTINATION Terms: Remit To: THE 1 -ION COMPANY P,O. BOX 404422 ATLANTA GA 30384 -4422 Note: Click on the column headings below to change the sort order. To search for a particular company, simultaneously press the "CTRL" and ' F" keys, then type the word you are looking for and hit "Enter ". USA Authorized Dealers VendorlD: Vendor ID: 14214914740 Business Type: Large DUNS #: 147814735 Effective: 5 /10 /2006 Expires: 3/26/2016 Note: Click on the column headings below to change the sort order. To search for a particular company, simultaneously press the "CTRL" and ' F" keys, then type the word you are looking for and hit "Enter ". http: / /portal.cpa. state. tx .us /txmas /txmasb.asp?CONTRACT= 12277 &DE... 8/8/2013 Authorized Dealers Dealer (tame City State Contract Hub Contact Info Number TXMAS- Yes SHAWN LYMAN A &W OFFICE CORPUS 6- TX Getrder =F, 361- 883 -6784 SUPPLY, INC. CHRISTI 71111060- Etluticity =WO SLYMAN a,AWOFFICE.COM 83 ANDERSEN TXMAS - J C SCHOEL SCHOEL OFFICE TX No 254- 698 -1483 INTERIORS HIGHS 71 l 11060- 71 JC ANDERSENSCHOEL.COM TXMAS - ARMSTRONG FLOWER 6- Yes JULIE ARMSTRONG http: / /portal.cpa. state. tx .us /txmas /txmasb.asp?CONTRACT= 12277 &DE... 8/8/2013 THE HON COMPANY - TXMAS Contract TXMAS -6 -71111 060 Page 2 of 7 OFFICE MOUND CONCEPTS, LLC AUSTIN BUSINESS AUSTIN FURNITURE BROUSSARD SAN GROUP ANTONIO BROWN INTERIOR EL PASO SOLUTIONS BUFFALO BUSINESS HURST PRODUCTS BUSINESS EL PASO INTERIORS BUSINESS IRVING INTERIORS BUSINESS INTERIORS BY STAPLES— AUSTIN BUSINESS INTERIORS BY STAPLES— CORPUS CHRISTI BUSINESS INTERIORS BY STAPLES - EL PASO BUSINESS INTERIORS BY STAPLES— HOUSTON BUSINESS INTERIORS BY STAPLES - NTX BUSINESS INTERIORS BY STAPLES — SAN ANTONIO CARROLL'S DISCOUNT OFFICE FURNITURE CHALLENGE CHICAGO http: // portal. cpa. state.tx.us /txmas /txmasb .asp ?CONTRACT =12277&DE... 8/8/2013 711I1060- Getidet°F, 972 -355 -6648 TX 35 Ethnicity =WO JULIEA AR1I4 STRONG OFF ICECONCEPTS.COivI No TXMAS- JIM MARSHALL TX No 512- 832 - 6400119 71111060- 1 jntarsltai @abftirn.cont TXMAS- TXMAS LISA LOPEZ TX 6 No 210- 224 -6220 No 71111060- LLOPEZ�BROUSSARDGROUP.COM 80 RENE.GONZALES STAPLES.COM ° TXMAS- yes VAL BROWN TX 6 Gender —F, 915 -544 -6767 PAM OLIVER 71111060- Etltiiicity =WO VAL. BROWNIS.COTvI No 7 71 1 1106© TXMAS- PAM.OLIVERE STAPLES.COM CATHY GARRISON TX No 817- 284 -7501 71 111460- 71 TXIVIAS- CGARRSION r BUFFALO- BP.COM CARL BERGAUER CHICAGO IL 6-1 No TXMAS - EDWARD HOWELL TX No 915 -591 -9393 71111060- ed.howell rr,busiiiessittteriors- ep.cotn 3 TXMAS- PAM OLIVER TXMAS - Yes SALLY SMITH TX 6- Gender = F, 817 -858 -2052 71 1111060- 71 Ethnicity —WO SSMITI-I BUSINESSINTERIORS.COIvI TXMAS- TXMAS- PAM OLIVER IL 6 No 713 -934 -6302 Gender=F, 71111060- PAM.OLIVER @STAPLES.COM 56 FRANK@CARROLLS.COM http: // portal. cpa. state.tx.us /txmas /txmasb .asp ?CONTRACT =12277&DE... 8/8/2013 TXMAS - PAM OLIVER CHICAGO IL 61111060 No 713- 934 -6302. 71 PAM.OLIVER cr,S'I'APLES.COM TXMAS RENE GONZALES CHICAGO IL 71111060 No 505- 353 -5459 RENE.GONZALES STAPLES.COM 71 TXMAS- PAM OLIVER CHICAGO IL � No 713 -934 -6302 71 1 1106© PAM.OLIVERE STAPLES.COM TXIVIAS- CARL BERGAUER CHICAGO IL 6-1 No 817- 530 -2360 71111060- CARL.BERGAUERnSTAPLES.COM 70 TXMAS- PAM OLIVER CHICAGO IL X1111060- No 713- 934 -6342 71 PAM.OLIVER c STAPLES.COM TXMAS- Yes FRANK CARROLL HOUSTON TX 71111060- 11111060- Gender=F, 713 -667 -6668 Ethnicity =WO FRANK@CARROLLS.COM TXMAS - 6- Yes JOHN BARBOSA http: // portal. cpa. state.tx.us /txmas /txmasb .asp ?CONTRACT =12277&DE... 8/8/2013 THE HON COMPANY -- TXMAS Contract TXMAS -6 -7111 1060 Page 3 of 7 OFFICE HOUSTON TX 71111060- Gendei=M, 713- 644 -4007 PRODUCTS 33 Etlinicity4il JBARBOSA CI-JALLENGEOFFICEPRODUCTS.COM COASTAL OFFICE VICTORIA TX PRODUCTS, INC. CONTRACT RESOURCE HOUSTON TX GROUP, INC. CONVENIENCE AUSTIN TX OFFICE SUPPLY CORPORATE DALLAS TX SOURCE, LTD D/V SUPPLY TX ANTONIO DC INTERIORS TX AN'T'ONIO EDUCATOR`S DEPOT, INC. ENSEMBLE OFFICE ESSENTIALS, LLC ERGONOMIC OFFICE FURNITURE SOLUTIONS FIREPOWER FIRM IN'S OFFICE CITY FURNITURE FOR BUSINESS INC G&P OFFICE FURNITURE GATEWAY PRINTING & OFFICE SUPPLY, SUGAR LAND TX TYLER TX LEAGUE CITY TX DENTON TX TEXARKANA TX AUSTIN TX LAPORTE TX TXMAS - Yes CAROLL EDWARDS G- Gender =F, 361- 578 -5392 71111060- Ethnicity —WO COPI @COASTAL'I'X.COM 61 TXMAS- BRYAN COLBY 6- No 713 - 803 -0111 71111060- COLBYB CRGOFFICE.CONI 41 TXMAS - Yes BILL MEARS 6-- Gender =F, 512- 835 -1891 x163 11111060- Ethnicity =WO BILLMEARSgC05AINC.COM 45 TXMAS- Yes JEFF BLUE 6 Gender —F, 214- 468 -0468 71111060 Etluiicity =WO JBLUE�CORPORATE50URCE.ORG 32 TXMAS- MR. BANE 6- No 210 - 650 -8858 71111060- START DV- SUPPLY.COM 77 TXMAS- Yes DARLENE CASIAS 6 Gender =F, 210 -496 -9922 71111060 Ethnicity =HI DARLENE@DCIOFFICE.COM 54 TXMAS- SHAD GINAVEN No 866- 736 -2012 71111060- CUSTOMERSERVICE (EDDEPOTINC.COM 40 TXMAS- BRYAN LOVETT 6- No 903- 268 -5853 71111060- BLOVETT t ENSEMBLELTD.COVI 65 ° TXMAS- JOHN JAMARIK 6- No 281 -316 -2288 71111060- THEERGO'v1AN c AOL.COM 36 TXMAS- MIKE CLANTON G No 940- 222 -3050 11111060- MCLANTON E- FIREPOWER.COM 84 TXMAS- CHUCK FIRMIN b- No 903 -793 -5566 71111060- CFIRMIN ci�FIRMINS.COM 64 TXMAS- BRAD WELLS 6- No 512- 833 -9000 711110607 brad ogfurnitureforbusiness.com 15 TXMAS- SHANNIN STONE 66-- No 281- 471 -6310 71111060 SHANNIN GANDPOFFICEFURNITURE.COM 37 EDINGURG TX TXMAS- No JOHN HOWLAND 6- 210 - 650 -3995 lattp: / /portal.cpa. state. tx .us /txmas /txiilasb.asp ?CONTRACT= 12277 &DE... 8/8/2013 THE HON COMPANY - TXMAS Contract TXMAS -6- 71111060 Page 4 of 7 INC. DBA JONES 71111060- JOI-INH c JONESCOOK.COM R COOK 74 GREATER TXMAS- Yes STEPHANI BROWN 14OUSTON LEAGUE CITY TX 6 Gender--F, 281 - 337 -5304 OFFICE 71111060- Ethnicity—WO STBROWN@GREATERHOUSTONOP.COM PRODUCTS 69 HALLMARK TXMAS JERRY LATOUR OFFICE HOUSTON TX G 71111060- No 713 -688 -1333 PRODUC'T'S SALES r HALLMARKOFFICE.COM TXMAS- Yes BERNIE HERNANDEZ I-I ERNANDEZ NEDERLAND TX G- Gender =M, 409 - 724 -0135 OFFICE SUPPLY 71111060- Ethnicity =HI BE c RNIE HERNANDEZSUPPLY.COM 78 TXMAS - JERRY MAYS 1NDECO SALES, BELTON TX 6 No 800- 692 -4256 INC. 71111060- JER.RY.MAYS cr,INDECOSALES.COM 31 ° INTEGRATED TXIVJAS- TONY VANDERGRIFF FURNITURE ARLINGTON TX �- 79 1111060- No 817 -261 -5224 SYSTEMS INC TONY.VANDERGRIFF c ,IFS2GOV.COM TXMAS- Yes JESSIE RODRIGUEZ J R INC UNIVERSAL TX G- Gender —M, 210- 658 -6364 CITY 71111060- Ethnicity =HI icrodri tiez@jrii�c,org 16 TXMAS- Yes JENNIFER LONGBOTHAM J. TYLER HOUSTON TX Gender =F, 713 -468 -2166 SERVICES INC. 71111060- Ethnicity=WO info @ityler.conz 10 TXMAS- FOSS JONES JONES & COOK MCALLEN 1'X 6-7 No 956-686-6579 STATIONERS 71111060- FJONES rt,JONESCOOK.COM 11 LETOURNEAU TXMAS - SCOTT ERNSTEIN INTERESTS, HOUS'T'ON TX 6-7 1111060- 71 No 713- 681 -0033 Y 225 INC. SCOTTE @LIIFURNITUE.COM LONE STAR TXMAS BRAD JONES FURNISHINGS, PLANO TX 71111060- No 972 -378 -0199 LLC BRAD LSFURNISHINGS.COM 72 MAR'TIN'S TXMAS - .yes BILL MARTIN OFFICE SUPPLY, GRANBURY TX Gender—F, 817 -573 -2694 INC. Ethnicity =WO TXMAS1212 @MOSDIRECT.COM 7111060- TXMAS- Yes JEANINE HALL I MCKINNEY TX Gender —F, 972 -562 -5020 OFF SUPPLY 71111060- Ethnicity=WO JEANINEH @MCKINNEYOFFICESUPPLY.COM 55 TXMAS- Yes JOHN NAVARRETE NAVAJO OFFICE AMARILLO TX 6- Gender =M, 806 -331 -165$ PRODUCTS 71111060- Ethnicity =III JJNAV OFFICE.COM 85 aNAVAJO- NAVAJO OFFICE TXMAS - AMARILLO TX 6- Yes TOMMY SANSOM PRODUCTS, LLC 71111060- Gender—M, 806 - 766 -8888 http. // portal, cpa. state,tx,us /txmas /txnlasb. asp ?CONTRACT = 12277 &DE... 8/8/2013 THE HON COMPANY - TXMAS Contract TXMAS -6- 71111060 Page 5 of 7 62 Ethnicity =H1 TSANSOM OFFICFWISECO.COM TXMAS- TRICIA CANO NORRIS DESIGN CARYVILLE TN 71111060- No 512- 426 -3074 TRICIA@NORRISDESIGNCO.COM OAK CLIFF TXMAS- KEN CALDWELL OFFICE DALLAS TX 71111060- 71 No 214 - 943 -7421 PRODUCTS KENO r OAKCLIFFOFFICESUPPLY.COM TXMAS- SAM MALLOW OFFICE DEPOT SAN TX 6 No 210- 494 -7313 x159 ANTONIO 71111060- SHALLOW r OFFICEDEPOT.COM 29 OFFICEMAX TXMAS- SI-JANA SCOTT WORKPLACE CHICAGO IL 71111060 71 No 214 -775 -2400 INTERIORS S.HANASCOTT OFFICEMAX.COTvI OFFICEWISE TXMAS - TOMMY SANSOM FURNITURE AMARILLO TX 6- No 806 -766 -8888 AND SUPPLY 86111060 TSANSOM r OFFICEWISECO.COM OFFICBWISE TXMAS- TOMMY SANSOM FURNITURE AMARILLO TX 6 _ 71111060- No 806 -766 -8888 AND SUPPLY TSANSOMa( OFFICEWISECO.COM 5 OFFICI��VISE TXMAS - TOMMY SANSOM FURNITURE LUBBOCK TX 6- No 806 - 766 -8888 AND SUPPLY TSANSOM@OFFICEWISECO.COM 81111060- TXMAS- ROB BECKER Om AUSTIN TX No 512- 349 -0717 WORKSPACE 7111 iQ60- robbeckerr omworks ace.com 25 TXMAS- 1EANA WILSON OM HOUSTON TX 6 No 713 -937 -2020 WORKSPACE 71111060- jeanawilson @boiseoffisce.com 26 TXMAS- BILL ENGLAND ONE OFFICE THE TX 6- No 281- 353 -5432 FURNITURE WOODLANDS 71111060- BILL ENGLAND@ONEOFFICEFURNI'TURE.COM 34 TXMAS- Yes LISA GRIFFIN PERRY OFFICE TEMPLE TX 6- Gendei�F, 254 -778 -4755 PRODUCTS INC 71111060- Ethnicity =WO LISAG PERRYOP.COM 17 PIONEER "TXMAS- FRANK FORT CONTRACT HOUSTON TX 6 71111060- No 713- 464 -8200 SERVICES, INC. FRANKF @PION EERCONTRACT.COM 60 TXMAS- TOM LOWE PLANO OFFICE PLANO TX 6 - No 972 - 424 -8561 SUPPLY 71111060- l ToinL @�lanoofficesupp .com 12 TXMAS- I' SCOTT KURTZMAN SPECIALTY, CHICAGO IL 6 No 419 -589 -1906 INC. SCOTT.KURTZMAN SCHOOLSPECIAL`I'Y.COM 76111060 llttp: // portal .cpa.state.tx.us /txmas /txmasb .asp ?CONTRACT = 12277 &DE... 8/8/2013 THE HON COMPANY - TXMAS Contract TXMAS-6-71111060 Page 6 of 7 SHELBY TXMAS - DISTRIBUTIONS Yes JULIAN GRUBBS INC. DBA EL PASO TX 6 _ Gender —M, 915 -590 -3050 EXPRESS OFFCE 711110607 Ethnicity=BL JGRUBBS @ EXPRESSOP.COM PRODUCTS SiVIARKETING TXMAS - Le'ROY JONES BUSINESS HOUSTON TX 6 111060- No 713 - 529 -5898 SYSTEMS LEROY SMARKETINGTX.COM c , 310 SOUTHERN TXMAS - OFFICE SUPPLY, WICHITA 6- DONNA MURRAY INC. / HUDSON FALLS TX [ No 940- 723 -0591 BLUEPRINT, 73 DMURRAy HUDSONBLUEPRIN'f.COM 11060- INC. TXMAS- yes JOE LOMBARDO STAR OFFICE HOUSTON TX 6 Gender =F, 713 -686 -6611 PRODUCTS 71111060- Ethnicity =WO JLOMBARDO@STAROFFICEPROD.COM 39 TEXAS TXMAS- yes RON PARR FURNITURE CARROLLTON TX 6 71111060- Gender =F, 972 -490 -0456 SOURCE INC Ethnicity —WO RPTEXASFURNITURE @SBCGLOBAL .NET 73 TXMAS- Yes BOBBY STERLING TOTAL OFFICE WACO TX 6- Gender =F, 254 - 235 -8200 SOLUTIONS 71111060- Ethnicity =WO TOTAL OFFICE a,GRANDCCOM.NET 47 TXMAS- JOHN SAMPLE WILSON OFFICE DALLAS TX 6- No 972 - 488 -4100 INTERIORS 71111060- JAAMPLE r WILSONOI.COM 44 WILSON TXMAS- Yes BROOKE BLOMSTROM PROJECT DALLAS TX Gender�F, 817 -771 -9306 MA MA MANAGEMENT, I111060- Ethnicity =WO BLOMSTROMBR c WILSON- PM.COM LLC 7S WILTON'S TXMAS - Yes STAN WILTON OFFICEWORKS BRYAN TX 6 _ 979 - 268 -0062 ' LTD 71111060- Etivricity =WO sales wiltons.com rr, l8 WITTIG`S TXMAS MARK WITTIG OFFICE SAN TX 6 _ No 210 -270 -0100 INTERIORS ANTONIO 38111060- MARK.WITTIG cr,WIVHGS.COM TXMAS- JAMES STROLE WORKSPACE CONROE TX 6 No 936 -756 -1512 RESOURCE 71111060- JSTROLE r WORKSPACE- RESOURCE.COM 42 Effective Date: This Texas Multiple Award Schedule (TXMAS) contract is effective beginning 5/10/2006 through 3/2612016 and is automatically renewed on the date that the General Services Administration (GSA) exercises the renewal option. All State of Texas terms and conditions will continue and apply to all renewal periods by mutual agreement. The contractor has certified that the prices reflected in the contractor's catalog are the same as the prices contained in the most current modification to GSA Contract No. GS- 27F- 00155. Placement of Orders: Purchasing entities must use both the instructions on the contractor's web page and the terms and conditions in the federal supply schedule to place orders. PurciTasiTig entities may use a either a departmental purchase order or the contractor's on- line ordering system to place orders. Purchasing entities may opt out of using the contractor's on -line ordering system if it is incompatible with the entity's purchasing procedures. The contractor is not required to accept orders below the minimum listed below. Orders between the minimum and maximum listed below are subject to GSA preferred customer pricing. For orders above the maximum, purchasing entities are entitled to negotiate for lower prices than those listed on the on -line federal supply schedule price http:// portal. epa. state.tx.us /txmas /txmasb. asp ?CONTRACT = 12277 &DE... 8/8/2013 THE HON COMPANY - TXMAS Contract TXMAS -6- 71111060 Page 7 of 7 list. Order Limitation: Minimum Order: $100 Maximum Order: $200,000 Approved Products /Services: Only products or services listed in the CPA approved GSA contract may be purchased from this TXMAS contract, with one exception. hrcidental, off - schedule items may be purchased as "best value, open market" items provided that they are necessary for product integration or product completeness. The purchasing entity is responsible for ensuring that the quoted price for such incidental items is fair and reasonable. These incidental items may be added to the TXMAS purchase order if they are clearly labeled as "open market (OM), best value" items. State Contracts: All Texas Council for Purchasing from People with Disabilities contracts and Texas Correctional Industries (TCI) term contracts take precedence over this TXMAS contract. If similar products or services are listed on this TXMAS contract and a CPA term contract, a determination should be made that will result in a best value purchase. Payment Due Date: Payment will be due on the thirtieth (30) calendar day after the later of (a) the date the State actually receives a proper invoice at the office designated in the applicable purchase order to receive it; or (b) the date the State accepts the products or services. The post mark date on the envelope for the State warrant (State's equivalent to a check) or banking information showing when a direct deposit transaction was received will be considered the date payment is made. Interest starts accruing on the first day that payment is late. The rate of interest for late payments is set at one percent per month. Special Note: The State of Texas, including but not limited to its Agencies, cooperative purchasing members and any local governmental entity authorized by law to use the Texas Multiple Award Schedule method for purchasing is not obligated to procure any products or services from this TXMAS contract. This schedule contract shall not be construed to prevent the State from purchasing products or services using other procurement methods as authorized by law. Keywords: 1-ION, The HON Company, Office, Furniture, Office Furniture, Desks, Panels, Systems, Panels Systems, Chairs, Seating, Wood Seating, Steel Seating, files , Filing, Storage, Files and Storage, Tables, Conference Tables, Conference Rooms, Laminate, Veneer, LAN Furniture, Computer Desks, Park Avenue, 92000 Series, 95000 Series, 10700 Series; Valido, 10600 Series, 10500 Series, 94000 Series, Perpetual, 38000 Series, Initiate, Sleek, Simplicity 11, Mentor, Expectations, Director Series , 2900 Series, Meadowbrook, 6540 Series, 6550 Series, Presence, Pillow -soft, M3, Cambia, Convergence, Allure, Gamut, 3100 Series, Tiempo, Solutions Seating, Resolution, Sensible Seating, Instinct, Mobius, Alaris, 7700 Series, ComforTask, ValuTask, Every -Day Chairs, 24 -Hour Chairs, Pyramid, Big or Tall Chair, Nesting Chairs, Reception Seating, Multi - Purpose Chairs, Olson Flex Stacker, Olson, Guest Stacker, Education Chairs, Folding Chairs, Storage, Laminate Storage, Desk towers, Worksurfaces, Storage Cabinets, Wardrobe, Mobile Pedestal, Flagship, Efficiencies, 800 Series, 700 Series, 600 Series, K Pull Series, F Pull Series, File Centers, Shelf Files, Track Filing, Flaniesafe, Binder Storage, Tercero, Occasional Table, Training Table, Hospitality Table, Utility Table, Communication Support, Podium, Hospitality Cart, Coffee Table , Traditional, Presentation Cabinet, Station Master, Modular, Activity Tables, iLevel Tables, Education Workstation, Essential Foundations, Practical Foundations, Laptop Storage Cart, Projection Screen, Projector Cart, Monitor Cart, Accomplish Student Desk, Teacher Desk, Book cart, Literature Rack, Hutch, Executive Office , Manager Office, Call Center, Reception Desk, Peninsula, Overhead Storage, Keyboard Tray, Center Drawer, Task Light, Articulating Keyboard Platform, Corner Sleeve, Paper Management, One -key, Cableway, Raceway, Desk, Pedestal, Credenza, Return, Lateral file, Vertical file, Bookcase, Storage Cabinet, Chair, Seating, Task, Ergonomic, Stool, Stack chair, Guest Chair, Guest Seating, Wire Management, Grommet, Core removable lock, Classroom, Computer Lab, Cafeteria, Art Room, Library, Student, Teacher, Lounge, Contact Us If you have any suggestions on how to improve TXMAS or this web site, please send an email to trmas@cpa state.tx.us or call 512 - 463 -3421. Texas.gov I Statewide Search from the Texas State Library t State Link Policy !Texas Homeland Security Susan Combs, Texas Comptroller Window on State Government • Contact Us Privacy and Security Policy I Accessibility Policy Link Policy i Public Information Act I Compact with Texans http: // portal .cpa.state.tx.us /txmas /txinasb .asp ?CONTRACT = 12277 &DE... 8/8/2013 ORDINANCE NO. AN ORDINANCE AWARDING A CONTRACT UNDER THE TEXAS MULTIPLE AWARD SCHEDULE ( TXMAS) PROGRAM FOR THE PURCHASE OF HON BRAND OFFICE FURNITURE FOR VARIOUS CITY OF DENTON DEPARTMENTS AS AWARDED BY THE STATE OF TEXAS CONTRACT TXMAS -6 -7- 1 1 1 1060; PROVIDINGFOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 5268 -HON FURNITURE FOR VARIOUS CITY DEPARTMENTS AWARDED TO MULTIPLE APPROVED VENDORS AS LISTED ON CONTRACT TXMAS -6 -7- 1 1 1 1060 IN THE THREE (3) YEAR NOT - TO- EXCEED AMOUNT OF $500,000). WHEREAS, pursuant to Resolution 92 -019, the Texas Procurement and Support Services Division 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 Texas Procurement and Support Services Division 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 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 N[_ M[BER VENDOR AMOUNT 5268 State of Texas Contract TXMAS -6 -7- 1111060 $500,000 SECTION 2. By the acceptance and approval of the above numbered items set forth in File 5268, the City accepts the offer of the persons submitting the bids to the Texas Procurement and Support Services Division 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 Texas Procurement and Support Services Division, and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in File 5268 wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the Texas Procurement and Support Services Division, 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 the Texas Procurement and Support Services Division, quantities and specified sums contained in the City's purchase 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 5268 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 IC • APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 3 -ORD -File 5268 AGENDA INFORMATION SHEET AGENDA DATE: September 10, 2013 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Phil Williams at 349 -8487 ACM: Bryan Langley �_A SUBJECT Consider adoption of an ordinance of the City of Denton, Texas authorizing the expenditure of funds for payments by the City of Denton for Electrical Energy Transmission Fees to Electric Transmission Texas; and providing an effective date (File 5083- Electrical Energy Transmission Fees for Fiscal Year 2012 -2013 to Electric Transmission Texas in the additional amount of $56,911.72 for a total award amount of $407,090.64). The Public Utilities Board recommends approval (6 -0). FILE INFORMATION The Public Utility Regulatory Act of 1995 (PURA 95) required the development of a new, statewide mechanism for electric transmission service in Texas. PURA 95 also placed municipal utilities under the jurisdiction of the Public Utilities Commission of Texas (PUCT) for matters related to transmission. As a result, the Denton Municipal Electric Utility has been ordered by the PUCT to pay various other electric utilities in the State specific amounts. Purchase orders provide the City of Denton the authority required by the City Charter to make those payments. These purchase orders will encumber funds estimated as costs for services through September 2013. No funds will actually be spent until invoices are received, reviewed, and approved. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On August 26, 2013, the Public Utilities Board recommended approval to forward this item to the City Council for consideration. On November 6, 2012, Council approved the payment of transmission fees to Electric Transmission Texas in the amount of $350,178.92. RECOMMENDATION Approve the payment of the additional transmission fees to Electric Transmission Texas in the amount of $56,911.72 plus previously approved fees in the amount of $350,178.92 for a total award of $407,090.64. PRINCIPAL PLACE OF BUSINESS Electric Transmission Texas Canton, OH Agenda Information Sheet September 10, 2013 Page 2 ESTIMATED SCHEDULE OF PROJECT Payment of the fees will be processed upon Council approval. FISCAL INFORMATION Funds to meet this regulatory fee obligation were budgeted in 2012 -2013 fiscal year budget account 600100.6072.5650A. A line will be added to the existing purchase order for these fees. EXHIBITS Exhibit 1: Public Utilities Board Draft Minutes Respectfully submitted: Chuck Springer, 349 -8260 Director of Finance 1 AIS -File 50U Exhibit 1 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 August 26, 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, August 26, 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, Secretary Randy Robinson, Leonard Herring, 11 Barbara Russell, Phil Gallivan and Lilia Bynum 12 13 Absent: Vice Chair Billy Cheek 14 15 Ex Officio Members: Howard Martin, ACM Utilities and George Campbell City Manager 16 17 OPEN MEETING: 18 19 CONSENT: 20 21 1) Consider a recommendation of approval for the expenditure of additional funds for payments 22 by the City of Denton for electrical energy transmission fees to Electric Transmission Texas 23 (ETT) of $56,911.72 (PO 4160657) for a total payment of $407,090.64, Lone Star 24 Transmission of $16,514.92 (PO 4163398) for atotal payment of $175,12035 and Sharyland 25 Utilities (SHRY) of $24,472.19 (PO 4159923) for a total payment of $70,901.45 for 26 providing energy transmission services to the City of Denton. The additional expenditures 27 are due to the Public Utility Commission of Texas (PUCT) granting tariff changes in PUCT 28 dockets 441420, 441378 and 441438, respectively. (File 45083 -2013 ETT - $56,911.72 / Lone 29 Star - $16,514.92 / SHRY- $24,472.19 - Total Amount of $97,898.83). 30 31 Board Member Herring pulled this item and asked if the rates were ever contested. 32 Williams answered they are at times. The majority of the times the smaller entities are just filing 33 and saying they have built the new asset and are placing it in service and there is not a lot to 34 contest. Herring asked if we had no objection to the rate filings that impacted our 35 expenditures. Williams answered that Lloyd Gosselink Law Firm in Austin reviews them and 36 sends them to us and staff depends on them for that service. 37 38 Herring added that when we build new transmission lines they probably don't object to 39 our rate case. Williams agreed. 40 41 Board Member Herring made the motion to approve item 1 with a second from Board 42 Member Robinson. Vote 6 -0 approved. 43 44 Adjournment 10:10 a.m. ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR PAYMENTS BY THE CITY OF DENTON FOR ELECTRICAL ENERGY TRANSMISSION FEES TO ELECTRIC TRANSMISSION OF TEXAS; AND PROVIDING AN EFFECTIVEDATE (FILE 5083- ELECTRICAL ENERGY TRANSMISSION FEES FORFISCAL YEAR 2012 -2013 TO ELECTRIC TRANSMISSION TEXAS IN THE ADDITIONAL AMOUNT OF $56,911.72 FOR A TOTAL AWARD AMOUNT OF $407,090.64). WHEREAS, in order to comply with the legislative requirements contained in the Utility Regulatory Act of 1995, for the payment for energy transmission services fees, the City of Denton is required to pay such fees imposed by the Public Utilities Commission of Texas to Electric Transmission Texas; and WHEREAS, the City Manager has reviewed and recommended that the City Council approve and authorize the payment of such fees; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The expenditure of funds in the total amount of $407,090.64 to be paid to Electric Transmission Texas is hereby authorized. 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 5083 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 MIN APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 3 -ORD -FILE 5083 AGENDA INFORMATION SHEET AGENDA DATE: September 10, 2013 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Phil Williams at 349 -8487 ACM: Bryan Langley SUBJECT Consider adoption of an ordinance of the City of Denton, Texas authorizing the expenditure of funds for payments by the City of Denton for Electrical Energy Transmission Fees to Lone Star Transmission; and providing an effective date (File 5260- Electrical Energy Transmission Fees for Fiscal Year 2012 -2013 to Lone Star Transmission in the additional amount of $16,514.92 for a total award amount of $175,12035). The Public Utilities Board recommends approval (6 -0). FILE INFORMATION The Public Utility Regulatory Act of 1995 (PURA 95) required the development of a new, statewide mechanism for electric transmission service in Texas. PURA 95 also placed municipal utilities under the jurisdiction of the Public Utilities Commission of Texas (PUCT) for matters related to transmission. As a result, the Denton Municipal Electric Utility has been ordered by the PUCT to pay various other electric utilities in the State specific amounts. Purchase orders provide the City of Denton the authority required by the City Charter to make those payments. These purchase orders will encumber funds estimated as costs for services through September 2013. No funds will actually be spent until invoices are received, reviewed, and approved. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On August 26, 2013, the Public Utilities Board recommended approval to forward this item to the City Council for consideration. On June 4, 2013, Council approved the payment of transmission fees to Lone Star Transmission in the amount of $158,605.43. RECOMMENDATION Approve the payment of the additional transmission fees to Lone Star Transmission in the amount of $16,514.92 plus previously approved fees in the amount of $158,605.43 for a total award of $175,12035. PRINCIPAL PLACE OF BUSINESS Lone Star Transmission Austin, TX Agenda Information Sheet September 10, 2013 Page 2 ESTIMATED SCHEDULE OF PROJECT Payment of the fees will be processed upon Council approval. FISCAL INFORMATION Funds to meet this regulatory fee obligation were budgeted in 2012 -2013 fiscal year budget account 600100.6072.5650A. A line will be added to the existing purchase orders for these fees. EXHIBITS Exhibit 1: Public Utilities Board Draft minutes Respectfully submitted: Chuck Springer, 349 -8260 Director of Finance 1 AIS -File 5260 Exhibit 1 1 DRAFT MINUTES 2 PUBLIC UTILITIES BOARD 3 August 26, 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, August 26, 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, Secretary Randy Robinson, Leonard Herring, 11 Barbara Russell, Phil Gallivan and Lilia Bynum 12 13 Absent: Vice Chair Billy Cheek 14 15 Ex Officio Members: Howard Martin, ACM Utilities and George Campbell City Manager 16 17 OPEN MEETING: 18 19 CONSENT: 20 21 1) Consider a recommendation of approval for the expenditure of additional funds for payments 22 by the City of Denton for electrical energy transmission fees to Electric Transmission Texas 23 (ETT) of $56,911.72 (PO 4160657) for a total payment of $407,090.64, Lone Star 24 Transmission of $16,514.92 (PO 4163398) for atotal payment of $175,12035 and Sharyland 25 Utilities (SHRY) of $24,472.19 (PO 4159923) for a total payment of $70,901.45 for 26 providing energy transmission services to the City of Denton. The additional expenditures 27 are due to the Public Utility Commission of Texas (PUCT) granting tariff changes in PUCT 28 dockets 441420, 441378 and 441438, respectively. (File 45083 -2013 ETT - $56,911.72 / Lone 29 Star - $16,514.92 / SHRY- $24,472.19 - Total Amount of $97,898.83). 30 31 Board Member Herring pulled this item and asked if the rates were ever contested. 32 Williams answered they are at times. The majority of the times the smaller entities are just filing 33 and saying they have built the new asset and are placing it in service and there is not a lot to 34 contest. Herring asked if we had no objection to the rate filings that impacted our 35 expenditures. Williams answered that Lloyd Gosselink Law Firm in Austin reviews them and 36 sends them to us and staff depends on them for that service. 37 38 Herring added that when we build new transmission lines they probably don't object to 39 our rate case. Williams agreed. 40 41 Board Member Herring made the motion to approve item 1 with a second from Board 42 Member Robinson. Vote 6 -0 approved. 43 44 Adjournment 10:10 a.m. ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR PAYMENTS BY THE CITY OF DENTON FOR ELECTRICAL ENERGY TRANSMISSION FEES TO LONE STAR TRANSMISSION TEXAS; AND PROVIDING AN EFFECTIVEDATE (FILE 5260- ELECTRICAL ENERGY TRANSMISSION FEES FORFISCAL YEAR 2012 -2013 TO LONE STAR TRANSMISSION TEXAS IN THE ADDITIONAL AMOUNT OF $16,514.92 FOR A TOTAL AWARD AMOUNT OF $175,120.35). WHEREAS, in order to comply with the legislative requirements contained in the Utility Regulatory Act of 1995, for the payment for energy transmission services fees, the City of Denton is required to pay such fees imposed by the Public Utilities Commission of Texas to Lone Star Transmission; and WHEREAS, the City Manager has reviewed and recommended that the City Council approve and authorize the payment of such fees; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The expenditure of funds in the total amount of $175,120.35 to be paid to Lone Star Transmission Texas is hereby authorized. 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 5260 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 MIN APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 3 -ORD -FILE 5260 AGENDA INFORMATION SHEET AGENDA DATE: September 10, 2013 DEPARTMENT: Parks and Recreation ACM: John Cabrales, Jr 0 Coir ,e i3O Agei,Aa V.+ SUBJECT Consider a request for an exception to the Noise Ordinance for the purpose of performing live music for the 2" a Annual Mexican Independence Day Fair at the corner of McKinney Street and Railroad Avenue in the vicinity of La Estrella Mini Market on Saturday, September 14, 2013, beginning at 4 p.m. and concluding at midnight. This request is for an extension of hours from 10 p.m. to midnight. The music will remain at the allowable 70 decibels. Staff recommends the exception be granted until midnight. BACKGROUND This event will be held at the La Estrella Mini Market located on the corner of 602 E. McKinney and the car wash at 202 Railroad Avenue. The event celebrates the Mexican Independence Day and will have live music. The event organizers anticipate approximately a dozen vendors selling food and various items. The vendors and bands will be located in the car wash parking lot. PRIOR ACTION/REVIEW (Council, Boards, Commissions) At the September 11, 2012, City Council approved the request for an exception to the noise ordinance until midnight. EXHIBITS Letter of Request Respectfully submitted: &'Wro.- mw 06"..4 Emerson Vorel, Director Parks and Recreation Department Prepared by: Community Events Coordinator August 20, 2013 To Whom It May Concern: This is a request for permission for a noise variance for an event that will take place on Saturday September 14 2013. The name of the event is " 2nd Annual Mexican Independence Day Fair" At 202 Railroad Street, and in the vicinity of La Estrella Mini Market. This is a Community event and most of the neighbor business will be participating in this event. This event will begin at 4pm and it will end at 12:00 am. The music decibel will be 70. Thank you very much for all your help and cooperation to this matter. Sincerely, Gricelda Samano Mini Market La Estrella 940 - 594 -6942 940 - 566 -3405 Coir �sei'0 geu.Aa V AGENDA INFORMATION SHEET AGENDA DATE: September 10, 2013 DEPARTMENT: Parks and Recreation Department ACM: John Cabrales, Jr. SUBJECT Consider adoption of an ordinance approving a city sponsorship in an amount not to exceed $16,000 of in -kind services for the 15t' Annual Blues Festival to be held in Quakertown Park on September 21 -22, 2013; and providing an effective date. BACKGROUND The Denton Blues Festival is requesting the City to participate as a sponsor at the same level as last year. The City sponsored in -kind services for the 2011 and 2012 events which included Police, rental of the park, park staff, and use of park equipment. In return, the City was recognized as a sponsor at a level equal to the in -kind value. In addition to the $16,000 from General Fund, Blues Festival receives $16,580 in the Hotel /Motel Occupancy Tax (HOT) fund. The Blues Festival is hosted by the Black Chamber of Commerce and organized with help from community volunteers. The Festival has been formerly co- sponsored by the Parks and Recreation Department since 2011. The event expects to have approximately 5,000 in attendance and about 30 vendor booths at the two -day event. FISCAL INFORMATION Estimated costs to provide requested in- services are estimated at $16,000. EXHIBITS 1. In -Kind Services and Resources 2011 and 2012 2. Proposed Ordinance Respectfully submitted: tk r 0 Emerson Vorel, Director Prepared by: Community Events Coordinator Exhibit I Denton Blues Festival City Expenses 2012 Actual 2013 Proposed * Police — security - overtime $3,823 * Police — security - overtime $3,823 Rental fee for park for two days $3,000 Rental fee for park for two days $3,000 Park staff during event - overtime $5,752 Park staff during event - overtime $5,752 Park Admin staff - overtime $300 Park Admin staff - overtime $300 Parkequipment $306 Parkequipment $306 ** Potential Lost Revenue from Civic Center Rental $2,720 ** Potential Lost Revenue from Civic Center Rental $2,720 Total In -Kind Services $15,901 Total In -Kind Services $15,901 HOT Funds $16,580 HOT Funds $16,580 Grand Total $32,481 Grand Total $32,481 * The average rates utilized for the STEP grant was used in calculating this amount. According to who works the event, it could be higher or lower than this number. "The The Civic Center is not available for rental when large festivals are held in Quakertown Park. Weekday rental rate: $1,360 x 2 days. s:\ legal \our documents\ ordinances \13 \blues festival sponsorship.doex EXHIBIT 2 ORDINANCE NO. AN ORDINANCE APPROVING A CITY SPONSORSHIP IN AN AMOUNT NOT TO EXCEED $16,000.00 OF IN -KIND SERVICES FOR THE 15TH ANNUAL BLUES FESTIVAL TO BE HELD IN QUAKERTOWN PARK ON SEPTEMBER 21 -22, 2013; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Blues Festival, is requesting the City of Denton to participate as a sponsor, at the same level as in previous years, for the event to be held in Quakertown Park on September 21 -22, 2013; and WHEREAS, the City of Denton has sponsored up to $16,000.00 of in -kind services for the 2011 and 2012 events which included Police, rental of the park, park staff and the use of park equipment; and WHEREAS, in exchange for the said support the City of Denton was considered to be an event sponsor of the said event at a sponsorship level equal to the value of the in -kind service tendered; and WHEREAS, the City Council finds that it is in the public interest and benefit to the citizens of the City of Denton to participate as a sponsor at a level not to exceed $16,000.00 of in -kind services for the event to be held in Quakertown Park on September 21 -22, 2013; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council finds that it is in the public interest and benefit to the citizens of the City of Denton to participate as a sponsor at a level not to exceed $16,000.00 of in -kind services, including but not limited to Police, rental of the park, park staff and the use of park equipment and the said participation is hereby approved. SECTION 2. This ordinance shall be effective immediately upon its passage and approval. PASSED AND APPROVED-this the day of , 2013. MARK A. BURROUGHS, MAYOR \ \codad \departments \legal \our documents \ordinances \I3 \blues festival sponsorship.docx ATTEST: JENNIFER WALTERS, CITY SECRETARY 10-39 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: G% AGENDA INFORMATION SHEET AGENDA DATE: September 10, 2013 DEPARTMENT: Parks and Recreation ACM: John Cabrales, Jr. SUBJECT Consider a request for an exception to the Noise Ordinance for the purpose of having music played during an engagement party at a residential home located at 1109 Indian Ridge Drive on Saturday, September 14, 2013, from 7 p.m. to 11:30 p.m. This request is for an extension in hours for sound from 10 p.m. to 11:30 p.m. The music will remain at the allowable 65 decibels. Staff recommends approving request. BACKGROUND Mr. Ghanshyam (G.B.) Patel is requesting permission for a noise exception for his son's engagement party that will be held at Mr. Patel's residence. There will be a disc jockey playing music and there will be dancing at the multi - cultural gathering. Mr. Patel said he has notified his neighbors about the event and they are all cooperative and excited for the event. RECOMMENDATION Staff recommends approving the requested noise exception. EXHIBITS Letter of Request Respectfully submitted: b"Wo.- W�r 06 Emerson Vorel, Director Parks and Recreation Department Prepared by: m`�Q Janie McLeod Community Events Coordinator EXHIBIT l G.B Patel August 6, 2013 1109 Indian Ridge Dr. Denton, Tx. 76205 Mobile, 940 - 395 -7419 Work: 940 -382 -3114 Subject: Noise Exception Ordinance Dear Mayor Mark Burrough and all City Council Members, I am G.B. Patel requesting permission for a noise exception on September 14, 2013 at 1109 Indian Ridge Dr. We are having an engagement party for our son at our home. The approximate time will be 7pm to 1130pm on Saturday. There will be music playing inside the tents that are to be set up and we will try to keep it under 65 DB. There will be dancing and socializing. This will be a mult- cultural gathering as theme will be guests from all ethnicity in attendance. We have already had discussions with our neighbors about the event and they are all in complete cooperation and excited for the event. Thank You G.B. Patel CITY OF DENTON CITY COUNCIL MINUTES August 1, 2013 After determining that a quorum was present, the City Council convened in a Work Session on Thursday, August 1, 2013 at 8:30 a.m. in the Council Work Session Room. PRESENT: Council Member Engelbrecht, Mayor Pro Tem Kamp, Council Member Hawkins, Council Member Gregory, Council Member Roden, Mayor Burroughs ABSENT: Council Member King Receive a report, hold a discussion, and give staff direction regarding the FY 2013 -14 City Manager's Proposed Budget, Capital Improvement Program, and Five -Year Financial Forecast. City Manager Campbell stated that this was the first of at least six budget work sessions scheduled until adoption of the budget. Staff would hold as many of the work sessions as necessary and could add more if needed. A public hearing was also planned which was required by State law. The proposed budget exceeded $487 million in spending and combined with the CIP program exceeded $835 million. The proposed budget was a significant policy document and programmed in $1 million in savings through the managed vacancy program. Council Member King arrived at the meeting. Chuck Springer, Director of Finance, presented the details of the proposed budget. Budgetary Priorities — budget priorities included (1) continued street maintenance expansion, (2) other General Fund infrastructure maintenance, (3) public safety staffing, (4) competitive compensation plan, (5) utility infrastructure, and (6) manage TMPA debt requirements in Electric Utility. All of these priorities would be under the direction of the Strategic Plan. Strategic Plan - Key Focus Areas — These areas included organizational excellence, public infrastructure, sustainable economic development & environmental stewardship, safe, livable and family friendly community, and partnerships and regional leadership. Council Member Roden asked if there was a dollar figure with each focus area. Springer stated that there was no dollar amount specifically set per focus area. Council Member Roden suggested that as staff was thinking about priorities with supplemental requests that they see how they related with a dollar amount and key focus areas. Mayor Burroughs stated that he could not find any language in the key focus areas dealing with customer satisfaction as opposed to customer service. He thought that was an area that Council had agreed to include in the Strategic Plan. City Manager Campbell stated the actual words in the plan was not changed towards customer satisfaction but staff was working towards those goals of customer satisfaction. Mayor Burroughs felt that unless the words appeared in the Plan, it would be easy to not follow that direction. City of Denton City Council Minutes August 1, 2013 Page 2 Council Member Gregory felt that the targets would be more meaningful if there was some kind of base line for comparison. Springer stated that the quarterly updates that were provided Council had those figures included. Council Member Gregory stated that a target he wanted to see was the goal in terms of preparing a certain number of feet/miles for sidewalks and on -site bike facilities. He felt that needed to be memorialized. Mayor Pro Tem Kamp stated that was included in the sustainability portion of the plan. Springer continued with Assumptions for the General Fund — (1) assessed value increases from 3.81% for 2013 -14 and 4% for 2014 -15 and beyond, (2) a property tax rate with a debt service tax rate based on expenditures and a one cent tax rate increase in 2014 -15, (3) a sales tax for 2013 -14 at 4.2% above the 2012 -13 revised estimate with 2014 -15 and beyond at 3 %, (4) franchise fees having all growth in franchise fee revenues transferred to the Street Improvement Fund, and (5) building permit fees having an anticipated increase of $150,000 in 2013 -14 in excess of growth due to planned update of the fee schedule. Sales Tax - The sales tax from 2007 -08 through 2013 -14 was reviewed. The projection for 2012 -13 was $250,000 below budget. The proposed budget for 2013 -14 had a growth rate of 3% plus increases from Rayzor Ranch North and Golden Triangle Mall. Compensation and Benefits - Civil Service pay adjustments were included to meet the goal of 5% above survey cities and STEP increases. All other employees would be eligible for a 3% average merit increase and equity adjustments for those below market. Future fiscal years had a 3% package. Health insurance had a 6% annual increase in city contributions. Employee contributions were expected to rise between 5% to 10% depending on the plan. Mayor Burroughs stated that in terms of the 5% Civil Service increase above the average, if all the other cities had the same type of provision, it would force an automatic artificial 5% raise. Springer stated that it could end up with all of the cities trying to catch up with each other and become a cycle of raises among all of the cities. Council Member Roden asked if the equity adjustment would be an on -going program. City Manager Campbell stated that it probably would be done all of the time but at least 2 -3 more years until the majority of the employees reached midpoint in their pay range. Council Member Roden felt that it appeared to be policy procedure. Springer stated that the equity adjustment was only about $100,000 of the budget. Council Member Gregory stated that at the School District there were always positions not at midpoint. If the District did not always address it, the scale ended up sliding further down, hiring young people, training them and then they would leave to somewhere where they could City of Denton City Council Minutes August 1, 2013 Page 3 get more money. He felt it should always be there because there would always be positions not at midpoint. Council Member King added that being in a metropolitan area also helped create the situation as people were able to drive to other locations for higher wages. Mayor Pro Tem Kamp asked if the City increase in health insurance was for the cost of the insurance or was the city increasing the amount of contribution. Springer stated that the increase was due to the cost of medical inflation. The cost of clients was going up due being to self - insured Vacancy Management/Salary Savings — it was estimated that the vacancy management savings in 2012 -13 would be $900,000. The budgeted savings in 2013 -14 was $1 million. These were savings from normal turnover and management control over filling of vacant positions. The program added additional flexibility to deal with any revenue shortfalls. Springer reviewed the General Fund proposed and projected budget in terms of the beginning fund balance, revenues, expenditures, operating surplus, new expenses, total anticipated expenditures, ending fund balance, change in fund balance and fund balance as a percent of expenditures for proposed 2013 -14, and projected for 2014 -15, 2015 -16, 2016 -17, and 2017 -18. Mayor Burroughs stated that Council changed the Fund Balance goal to 20% in order to demonstrate stability for bond purposes. When looking at the outer years, the projections were a Council determination and what they felt was most appropriate. Springer reviewed charts showing General Fund revenue for the proposed budget, General Fund expenditures by category for the proposed budget and General Fund expenditures by function for the proposed budget. The General Fund supplemental packages for 2013 -14 were reviewed. Council discussed the parking enforcement supplemental package. Council Member Gregory suggested reconsidering meter parking in the Downtown area instead of 2 hour parking. He felt it would help in terms of management of parking and asked if Council would be interested in exploring that possibility. Springer continued with a review of the supplemental packages funded in the current fiscal year, the internal service fund supplemental packages, the special revenue fund supplemental packages and the Council requests for funding. Property Value and Tax Rate — Springer presented the proposed tax rate, the effective tax rate, the rollback tax rate and the certified taxable value. Appraised values and increases were noted. The proposed budget included a $5,000 increase in the over 65 exemption to $50,000 for 2013- 14 to achieve the goal set in 2009. That increase would be adopted by Council on September 17th Tax Increment Reinvestment Zones - TIRZ 41 (Downtown) was established in 2012. The base value, estimated revenue and funding available including prior balances was reviewed. TIRZ 42 (Westpark) was established in 2012. The base value and certified value were reviewed. City of Denton City Council Minutes August 1, 2013 Page 4 Street Improvement Fund — there was an estimated $11.6 million OCI related spending in 2017- 18 including bond funding. At this level of funding, the OCI rating would stabilize in 2017 -18. This would also require an additional $20 million in bond funding after 2016 -17 to maintain stabilization. Additional discussion of funding options would be held at the August 13th meeting. Supplemental packages of base failure crew and equipment and roadway impact fee study were proposed. Engineering and Development Services - this would be a new internal service fund and would consolidate positions from the Water, Wastewater, and the General Fund. It would oversee the functions of capital engineering, development review engineering, contract engineering, public works inspections, and real estate. It did not include the engineering functions of DME. The total anticipated expenditure was $4.7 million and included three new FTE's in Engineering and Development Review. Water Utility Fund — the focus was on infrastructure replacement and needed expansion of the system along with continuing to increase revenue funded infrastructure replacement to cover transmission and distribution replacement at 100% and plant at 25 %. A rate increase of 4% for 2013 -14 was proposed. Wastewater Utility Fund — the focus was on infrastructure in terms of replacement, expansion and the sanitary sewer overflow program. It also included a continuing program to build to planned level of revenue funded replacement. A rate increase of 9% for 2013 -14 was proposed. Solid Waste and Recycling Fund - major projects included property /permit expansion, compressed natural gas fueling facility, grease and grit trap processing and building finish out. A rate increase of 3% for standard cart with recycling and 53% for large cart with recycling was proposed. Commercial rates would increase an average of 3.6 %. Electric Utility Fund - included TMPA debt payoff, replacement of aging infrastructure, and constriction of transmission system with increased revenue to DME. 21 new FTE's with 11 for Energy Management, 7 for Capital Program and 3 for Operations. A base rate increase of 2.5% for 2013 -14 and each year thereafter for 4 years until the TMPA debt was fully absorbed was proposed. The overall monthly rate impact for the average residential customer was reviewed. 2013 -14 Capital Program — the total new funding including utilities was $159.7 million. That was broken down into Utility Cos, refunded Utility Revenue Bonds, and General Government. General Government included streets, traffic signals, fire station, Civic Center pool, vehicle replacements and facility maintenance. Council Member Gregory requested the same analysis if a 1 cent debt service tax increase was done and also if a 1 1/2 cent increase was done. Potential Future Bond Program — information was presented on the estimated size of future bond program at $50.8 million over six years. It would require an estimated 1 cent debt service tax increase in 2015 -16 to fund the program under current growth assumptions. It would not impact the 2013 -14 capital program. Position additions for 2013 -14 was discussed. City of Denton City Council Minutes August 1, 2013 Page 5 Next steps — (1) vote on the tax rate required notices on August 6th, (2) public hearings on the budget on August 20th and September 10t1', (3) budget discussions set for all work sessions from August 5th through September 10th and (4) budget adoption on September 18th. Council Member Engelbrecht felt that all of the Downtown grant money should not be put into one fund to be used just for Downtown. Council Member Hawkins felt that the program was not well known and in a few years all of the funding would be used. Council Member Gregory felt the Downtown was the uniqueness of the City. Council Member Roden asked about the supplemental request to relook at the economic development study. City Manager Campbell stated that was a good topic for discussion for a strategy on how to go forward. A possibility would be to amend the current contract with the Chamber until discussions were completed. Mayor Burroughs stated that discussion was open regarding unfunded elements of the budget. Council Member Gregory stated that last year or the year before there were discussions about shifting the cost for school resource officers. He did not see anything in budget about that but was curious to know about an update on where the City was with school resource officers. Council Member Gregory stated that one of items in the unfunded supplemental packages was supplemental bike lanes. He had reread updates on linkages for bikes and pedestrians which called for two different groups of immediate range facilities and short range on streets for 4 -10 year terms. The plan would be doing about 35 miles in immediate needs and another 35 miles in the short range. The anticipated cost was $600,000 to $1.4 million with the median at $900,000. He requested more information on how to determine what was reasonable and what could be done in this area, what to expect and what needed to be put in the fund in order to meet the goals for that plan. Mayor Burroughs suggested a process whereby some issues might have direct answers and could be completed easily. Council could identify policy issues to address in more detail at the next budget session. Mayor Pro Tem Kamp asked that the Downtown shuttle service be revisited. She also would like to discuss the Park Foundation request for $35,000 for a part -time director. Mayor Burroughs suggested looking at an update on DCTA when appropriate to consider the Downtown shuttle service. He would also like an evaluation of a possible 311 system and a consideration of a possible administrative assistant for Mayor and Council. There was a possibility of an internship position maybe from UNT. Council Member Roden stated that a discussion of a 311 system was on the agenda for Citizens Engagement and that presentation could also be made to Council. He suggested also working City of Denton City Council Minutes August 1, 2013 Page 6 with United Way on the use of interns as they eliminated a position and substituted it with interns. Council Member King requested looking at the North Texas State Fair long term planning and possibly helping with a relocation within the city. Council Member Roden requested more details regarding Code Enforcement managed vacancies and the goals with management vacancies. He suggested looking back at prior funding programs and providing insight on how the process worked. Mayor Burroughs noted that a budget goal of Code Enforcement was to continue the 12,000 notices and felt Council needed to talk about that. He did not feel that should be an institutional goal. He also suggested discussing the moving some of the FTE's to work with individuals to improve properties, such as grant abilities, using community resources to help improve the projects and reallocating staff to a more constrictive mode. City Manager Campbell noted that if that were done, there would have to be a balance between keeping a quality of life in the community and softening compliance. Council Member Roden requested a discussion regarding Verizon and a Downtown grant for high speed fiber in the area in terms of options for the area. Mayor Burroughs requested a discussion on infill and redevelopment issue and how it was being addressed. Following the completion of the Work Session, the City Council convened in a Closed Meeting at 11:10 a.m. to consider the specific item listed below under the Closed Meeting section of this agenda. 1. Closed Meeting A. Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086. 1. Receive competitive public power information and competitive financial information from staff in the form of the draft operating budget for Denton Municipal Electric ( "DME") for FY 2013 -2014, including without limitation, revenues, expenses, and commodity volumes; discuss, deliberate, and provide staff with direction regarding such matters. Council returned to Open Session following the completion of the Closed Session and with no further business, the meeting was adjourned at 11:25 a.m. MARK A. BURROUGHS City of Denton City Council Minutes August 1, 2013 Page 7 MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES August 5, 2013 After determining that a quorum was present, the City Council convened in a Work Session on Monday, August 5, 2013 at 11:30 a.m. in the Council Work Session Room. PRESENT: Council Member Engelbrecht, Mayor Pro Tem Kamp, Council Member King, Council Member Hawkins, Council Member Gregory, Council Member Roden, Mayor Burroughs ABSENT: None Receive a report, hold a discussion, and give staff direction regarding potential amendments to the Public Art Policy. Bryan Langley, Assistant City Manager, presented an update on potential amendments to the Public Art Policy. The overview would include a discussion on the current public art policy, an examination of potential issues with the current policy, a review of recent discussions regarding potential changes to policy and the proposed policy revisions for consideration. He presented an overview of the current policy. Council approved a Public Art Policy in 2006 which encouraged private donations from individuals, businesses and organizations. Public funding was derived from Hotel Occupancy Tax collections, additional tax abatements provided certain conditions were met, and Capital Improvement Bond Program authorizations. The potential issues were that the policy was intended to complement major capital projects on a city -wide basis and did not contemplate a bond program related only to infrastructure. As a result, the Citizens Bond Committee and Council discussed whether to apply the policy to the 2012 street bond program. After much discussion the Committee and Council recommended up to $400,000 in public art improvements for the 2012 bond program. The projects would be related to the streets project. By applying the funding to only voter authorized bonds, public art funding was limited in timing and scope. By law the funding could only be applied to projects closely related to bond propositions. This prevented funds from various propositions being combined to complete standalone projects. Public art projects could be independently approved by a separate proposition. As such a more reliable, flexible and predictable source of funds were needed to properly fund public art projects. Council Member Roden asked if the public art component could be a separate item on a bond election. Langley stated that it would have to be segregated by type of program — not all or nothing. Council discussed how San Antonio and Fort Worth worked their public art into drainage and streets and the wording of their propositions versus how Denton worded their propositions. City of Denton City Council Minutes August 5, 2013 Page 2 The Public Art Committee currently served in an advisory capacity to the Parks, Recreation and Beautification Board. It was felt that the Committee should report directly the Council. The City also lacked a public art master plan. A plan was needed to guide selection of public art projects in the community and identify resources that were required for implementation. Recent discussions — In January Staff discussed potential public art policy issues and recommendations to Council. In March Staff met with the Public Art Committee to discuss potential issues and recommendations and in March 2013 a Council Work Session was held to discuss potential changes to the policy. Recommendations - Prepare a public art master plan for approximately $80,000 to be paid from the 2012 -13 budget which would provide a foundation to determine future public art projects. Staff recommended that the Committee advise the Council directly. Staff also recommended that public art projects be presented to voters as standalone propositions for consideration. The amount of the bond proposition would be determined by Council and may equal a minimum of 2% but not more than 4% of those portions of the bond election that were determined to be appropriate for arts funding. It would not apply to improvements such as streets, drainage, traffic control or other related infrastructures. It allowed public art bond funds to be used for any voter approved purpose. It also specified that bond funding was contingent upon voter approval and that the policy did not apply to Certificates of Obligation revenue bonds, or any other indebtedness of the city. Mayor Burroughs recommended a change in wording to indicate "voter approved GO bonds" as opposed to "only approved ". Langley stated that would be correct as it would apply only to voter approved GO bonds. Council Member Roden stated that Council would reserve the right to change the provision to apply to anything else in the future if it wanted. Council Member Gregory stated that he was comfortable with most recommendations except that it would have to be a standalone proposition. He felt it might not be a vote approval with it alone. Council discussed the dividing out of the public art from the other portions of the proposition and flexibility in the wording of the propositions. Staff recommended that a new public art fund be created to support public art projects. Other minor changes were proposed to clarify language and improve sentence stricture. Summary and Next Steps - staff was recommending revisions to the policy which were designed to resolve potential issues with allocation of bond proceeds to public art projects. If Council agreed with the recommended changes, a revised policy would be presented for consideration on August 20th with three recommended changes to be made. City of Denton City Council Minutes August 5, 2013 Page 3 Mayor Burroughs stated that his recommended modification only applied to the last sentence of the provision. The change to this provision only applied to voter approved GO bonds. Council Member Hawkins suggested changing "will consider" to "will place ". 2. Receive a report and hold a discussion on the Master Drainage Study for the Downtown Implementation Plan /Tax Increment Financing area. PS Arora, Division Manager, presented an update on the topic. The drainage study showed that during moderate to intense storms the Downtown area experienced flooded homes, businesses, and impaired emergency responses. The TNP and Halff Associate's consultant team was retained to perform a master drainage study. The study scope was to (1) determine the impact of the Pecan Creek and Pec -4 creeks on the study area storm drainage system, (2) create a 1D and 2D computer model to evaluate the existing storm drainage system and deficiencies, (3) model the ultimate development condition storms to size the study area storm drainage system, and (4) determine planning level costs of recommended improvements. The consultant 1996 study determined that (1) the floodplain was a limiting factor in redevelopment of the Downtown area, (2) the Denton Development Code and FEMA regulations limited the growth that could occur in the flood plain areas, (3) identified that reclamation of the floodplain through recommended drainage improvements would remove 500 strictures and over 200 acres from the floodplain, and (4) the floodplain reclamation would allow new development and redevelopment projects. The phases of the project and the projected cost for each of the phases was reviewed. The Pec -4 channel improvement/box culvert costs from Bell to Mulberry was $12.4 million. $3 million was budgeted for Phase 1 for this fiscal year, Phase 2 design was funded and 90% completed. Mayor asked for number of strictures which would have to be taken down due to the project. Council Member Gregory asked if the engineers were confident that FEMA would accept the proposal. Arora stated that the proposal would have to go through the FEMA process. Preliminary approval would be dependent on completion of the project. The Pecan Creek project with the costs for each phase was reviewed. Council discussed the box culverts, the design, and the capacity to handle the drainage needs in the future, Arora showed the existing conditions and potential flooding at a 10 year flood and a 100 year flood storm condition. He also reviewed the proposed improvements for the various phases of the project. City of Denton City Council Minutes August 5, 2013 Page 4 Mayor Pro Tem Kamp asked if there would be appropriate areas where there would not have to be concrete over everything. Arora stated that a concrete lining was not always needed. There were lots of different types of liners that could be used. The liner was determined by a structural analysis for the storm conditions which would be part of the design process. Parkway drainage — there was backup and overflow at Carroll due to an undersized box culvert under Carroll. There was also a long box culvert along Pecan Creek under Parkway from Carroll to just east of Locust. In addition a high downstream tailwater election in Pecan Creek Channel created backwater in the Parkway box culvert. These conditions created extensive flooding in the area. Council Member King left the meeting. The costs remaining to be funded added up to $3435 million. Arora reviewed the recommended constriction priorities which started with the Hickory Street system. Questions associated with the remaining impervious area in TIF included (1) whether to charge new development for the recommended storm drainage improvements in the TIF area, (2) if so, then the first 8 of the 10 projects identified would qualify for a fee to varying capacity uses and (3) consideration that only about 9 acres in the TIF area remained impervious and there were some single family homes that could see redevelopment. Council Member Gregory stated that most of the solutions seemed to use box culverts and enlarging the culverts to get water off as soon as possible. He questioned if there were any situations where it would be cheaper to purchase the land and remove the impervious surfaces to create a detention pond that could also serve as green space. Arora stated that staff had some discussions regarding that scenario and it would be looked at as part of the options to consider. 3. Receive a report, hold a discussion, and give staff direction regarding the FY 2013 -14 City Manager's Proposed Budget, Capital Improvement Program, and Five -Year Financial Forecast. City Manager Campbell stated that staff was working on documentation for the questions raised last week by Council. Chuck Springer, Director of Finance, stated that on Tuesday's meeting there was an item on the agenda to set a maximum tax rate to be considered for publication. Staff was recommending the current tax rate which would set the process in motion. Once voted on any required modifications under state law could be done. City of Denton City Council Minutes August 5, 2013 Page 5 Following the completion of the Work Session, the City Council was able to convene in a Closed Meeting to consider the specific item listed below under the Closed Meeting section of this agenda. 1. Closed Meeting A. Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086. 1. Receive competitive public power information from staff in the form of a proposed operating budget for Denton Municipal Electric (DME) for the upcoming fiscal year, including without limitation, revenues, expenses, commodity volumes, and commitments, and the direction of DME; and discuss, deliberate, consider adoption of the budget and other matters, and provide staff with direction regarding such matters. Council did not meet in Closed Session. With no further business, the meeting was adjourned at 1:25 p.m. MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES August 6, 2013 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, August, 6, 2013 at 3:00 p.m. in the Council Work Session Room. PRESENT: Council Member Engelbrecht, Mayor Pro Tem Kamp, Council Member King, Council Member Hawkins, Council Member Gregory, Council Member Roden, Mayor Burroughs ABSENT: None 1. Citizen Comments on Consent Agenda Items There were no citizen comments on Consent Agenda items. 2. Requests for clarification of agenda items listed on the agenda for August 6, 2013. There were no requests for clarification of agenda items. 3. Receive a report, hold a discussion, and give direction regarding water and transportation issues which may be the subject of a November 2013 Constitutional Amendment Election called by the State of Texas. Lindsey Baker, Intergovernmental Relations /Public Information Officer, presented information on the item. She stated that Mayor Burroughs had requested this item be placed on the agenda to discuss mayoral and council communications with the public leading up the November State constitutional election. The November ballot would provide citizens the opportunity to approve funding for water infrastructure. Mayor Burroughs stated that he would like direction from Council on how to proceed with supporting or not supporting the water item. He wanted direction that as Mayor Council would direct him to positively support the water issue. Consensus of the Council was to positively support the amendment. Mayor Pro Tem Kamp asked if a resolution was needed to show support. Mayor Burroughs felt that would be a good asset for support. Council Member Roden suggested writing up something for the web site on what the amendment meant and what it meant for Denton and the State in general. 4. Receive a report, hold a discussion, and give staff direction regarding the FY 2013 -14 City Manager's Proposed Budget, Capital Improvement Program, and Five -Year Financial Forecast. City Manager stated that this item was listed on the agenda if Council had more questions but more detailed responses from the August I" meeting would be presented at the August 13th meeting. City of Denton City Council Minutes August 6, 2013 Page 2 Following the completion of the Work Session, the Council convened in a Closed Meeting to discuss the following: 1. Closed Meeting: A. Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. 1. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the potential purchase of certain real property interests located in the James Perry Survey, Abstract No. 1040, John Scott Survey, Abstract No. 1222, John Bacon Survey, Abstract No. 1541, and the John Davis Survey, Abstract No. 326, City of Denton, Denton County, Texas, and generally located along Western Boulevard between Airport Road and Jim Christal Road. Consultation with the City's attorneys regarding legal issues associated with the potential acquisition and condemnation of the real property described above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. 2. Discuss, deliberate, and receive information from staff and provide staff with direction pertaining to the potential sale of certain real property interests located in the B.B.B & C. R.R. Co. Survey, Abstract Number 185 and the William Neill Survey, Abstract Number 971. Consultation with the City's attorneys regarding legal issues associated with the potential sale of the real property described above where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any potential litigation. B. Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086. 1. Receive competitive public power information from staff in the form of a proposed operating budget for Denton Municipal Electric (DME) for the upcoming fiscal year, including without limitation, revenues, expenses, commodity volumes, and commitments, and the direction of DME; and discuss, deliberate, consider adoption of the budget and other matters, and provide staff with direction regarding such matters. 2. Receive a presentation from Denton Municipal Electric staff regarding public power utility competitive, financial and commercial matters City of Denton City Council Minutes August 6, 2013 Page 3 pertaining to TMPA, a Joint Powers Agency, being a generation resource owned in common by the City of Denton, Texas, which holds a 213% interest in the same; including without limitation, plans, proposals, system improvements, fuel contracting, fuel transportation contracts, other contracting issues, the fixed and variable costs of operation of the generation unit, and capital improvement plans for the generation unit. Discuss, deliberate and provide staff with direction. C. Consultation with Attorneys - Under Texas Government Code Section 551.071. 1. Consult with the City's attorneys and provide direction with regard to the City of Denton Code of Ordinances Chapter 35 -221 and Denton Development Code Section 35.7.6.10 pertaining to procedures for obtaining permits pending designation as historic landmark; further with regard to V.T.C.A, Government Code Chapter 442 as it concerns designation of historic landmarks. D. Deliberations regarding Personnel Matters - Under Texas Government Code Section 551.074. 1. Deliberate and discuss the appointment and duties of public officers to boards or commissions exercising discretionary or rile making power as opposed to purely advisory powers, which includes without limitation the Health and Building Standards Commission, the Historic Landmark Commission, the Planning and Zoning Commission, and the Zoning Board of Adjustment. Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall, 215 E McKinney, Denton, Texas. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations /Awards There were no proclamations /awards for this meeting. 3. CITIZEN REPORTS There were no citizen reports for this meeting. City of Denton City Council Minutes August 6, 2013 Page 4 4. CONSENT AGENDA Council Member King motioned, Mayor Pro Tem Kamp seconded to approve the Consent Agenda and accompanying ordinances and resolutions. On roll call vote: Council Member Engelbrecht, Mayor Pro Tem Kamp, Council Member King, Council Member Hawkins, Council Member Gregory, Council Member Roden, Mayor Burroughs — "aye ". Motion carried unanimously. Approved the minutes listed below. A. Consider approval of the minutes of: July 9, 2013 July 16, 2013 Ordinance No. 2013 -187 B. Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal Cooperative Purchasing Program Agreement with the City of College Station, Texas under Section 271.102 of the Local Government Code, to authorize City of Denton contracts for the purchase of various goods and services; authorizing the expenditure of funds therefor; and declaring an effective date (File 5315- Interlocal Agreement with the City of College Station). Ordinance No. 2013 -188 C. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a contract through the Houston- Galveston Area Council of Governments (H -GAC) for the acquisition of residential refuse and recycling carts including replacement parts, for the City of Denton Solid Waste Department; and providing an effective date (File 5249- Purchase of Residential Recycling and Refuse Carts awarded to Rehrig Pacific Company in the not -to- exceed amount of $745,100 for a thirty (3 0) month time period). The Public Utilities Board recommends approval (6 -0). Ordinance No. 2013 -189 D. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement by and between the City of Denton, Texas and Teague Nall and Perkins, Inc. for engineering services including land surveying, civil engineering, project permitting and related consulting services for Denton Municipal Electric Capital Improvement Projects; authorizing the expenditure of funds therefor; providing an effective date (File 5306 -in the not -to- exceed amount of $4,160,000). The Public Utilities Board recommends approval (6- 0). Ordinance No. 2013 -190 E. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Professional Services Agreement by and between the City of Denton, Texas and D &S Engineering Labs, PLLC, for geotechnical, constriction materials engineering and testing, and constriction inspection services for Denton Municipal Electric Capital Improvement Projects; authorizing the expenditure of funds therefor; providing an effective date (File 5311 -in the not -to- exceed amount of City of Denton City Council Minutes August 6, 2013 Page 5 $1,650,000). The Public Utilities Board recommends approval (6 -0). Ordinance No. 2013 -191 F. Consider adoption of an ordinance of the City of Denton, Texas amending a Professional Services Agreement by and between the City of Denton, Texas and SGS Engineering, LLC, for structural, electric design, and other engineering related consulting services for Denton Municipal Electric Capital Improvement Projects; authorizing the expenditure of funds therefor; providing an effective date (File 4755 - Amendment to Professional Services Agreement in the not -to- exceed amount of $6,675,000 for a total not -to- exceed amount of $7,935,000). The Public Utilities Board recommends approval (6 -0). Ordinance No. 2013 -192 G. Consider adoption of an ordinance accepting competitive proposals and awarding a contract for fiber optic services for Denton Municipal Electric in a three (3) year amount not to exceed $450,000; providing for the expenditure of funds therefor; and providing an effective date (RFP 5160- awarded to Cable Contractors, LLC, dba Contract Services and Equipment). The Public Utilities Board recommends approval (6 -0). Ordinance No. 2013 -193 H. Consider adoption of an ordinance awarding a contract under the Texas Multiple Award Schedule ( TXMAS) program for the purchase of furniture for the City of Denton Joint Public Safety Training Facility as awarded by the State of Texas (Contract TXMAS -3- 7110400); providing for the expenditure of funds therefor; and providing an effective date (File 5290- Furniture for Joint Public Safety Training Facility awarded to Krieger International, Inc. in the amount of $140,407.29). (2009 Congressionally Selected Award funded through the US Department of Justice) Ordinance No. 2013 -194 L Consider adoption of an ordinance accepting competitive proposals and awarding a contract for the purchase and installation of an audio and video system for the City of Denton Joint Public Safety Training Facility; providing for the expenditure of funds therefor; and providing an effective date (RFP 5267- awarded to Lantek Communications in the not -to- exceed amount of $267,955.48). (2008 Community Oriented Policing Services (COPS) grant) Ordinance No. 2013 -195 J. Consider adoption of an ordinance accepting competitive proposals and awarding a contract for wood grinding services for the City of Denton Beneficial Reuse Department in a three (3) year amount not to exceed $525,000; providing for the expenditure of funds therefor; and providing an effective date (RFP 5238- awarded to Thelin Recycling Company, LP). The Public Utilities Board recommends approval (6 -0). Ordinance No. 2013 -196 K. 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 Timothy J. Murphy, City of Denton City Council Minutes August 6, 2013 Page 6 Trustee of the Baker Revocable Trust, as Owner (herein so called), and the City of Denton, Texas, as Buyer, regarding the sale and purchase of fee simple to a 1.475± acre tract, more or less, situated in the William Crenshaw Survey, Abstract No. 318, located in the City of Denton, Denton County, Texas, as more particularly described in the Contract of Sale, located generally in the 1400 Block of North Ruddell Street (the "Property Interests "), for the purchase price of Eighty Five Thousand Dollars and No Cents ($85,000.00), and other consideration, as prescribed in the Contract of Sale; authorizing the expenditure of funds therefor; and providing an effective date. (North Ruddell Street Connection) Approved the re- appointment listed below. L. Consider the re- appointment by the City Manager of Darhyl Ramsey to the Civil Service Commission. Resolution No. R2013 -017 M. Consider approval of a resolution appointing members to the Board of Directors of the Denton Health Facilities Development Corporation; and providing an effective date. 5. ITEMS FOR INDIVIDUAL CONSIDERATION Resolution No. R2013 -018 A. Consider approval of a resolution approving the naming of the Downtown Denton Transit Center after Dr. Euline Brock, and declaring an effective date. Mark Nelson, Director of Transportation, presented information on the item. He indicated that as part of the July 9, 2013 Transit Center briefing staff was directed to coordinate with DCTA to bring forward a resolution for consideration to rename the Downtown Denton Transit Center as the Euline Brock Downtown Denton Transit Center. DCTA officials indicated that they would be favorable to the name change as there would be little to no impact to marketing and branding currently in place. Mayor Pro Tem Kamp asked about the funding for appropriate plaques and markers for the building. Nelson stated that the wording was not yet finalized but there was an account open with funds available for those plaques. Mayor Burroughs noted that the recognition was not because Euline Brock was a former Mayor. It was far beyond that was and was a personal honor due to her dedication on the subject. Mayor Pro Tem Kamp motioned, Council Member King seconded to approve the resolution. On roll call vote: Council Member Engelbrecht, Mayor Pro Tem Kamp, Council Member King, Council Member Hawkins, Council Member Gregory, Council Member Roden, Mayor Burroughs — "aye ". Motion carried unanimously. City of Denton City Council Minutes August 6, 2013 Page 7 Resolution No. R2013 -019 B. Consider approval of a resolution of the City Council of the City of Denton, Texas placing a proposal on the September 17, 2013, City Council public meeting agenda to adopt a 2013 Tax Rate that will exceed the lower of the rollback rate or the effective tax rate; calling two public hearings on a tax increase to be held on August 20, 2013, and September 10, 2013 and calling a budget public hearing on the Fiscal Year 2013 -2014 Annual Program of Services of the City of Denton to be held on August 20, 2013; requiring publication of notices of the public hearings in accordance with the law; requiring publication of a notice of tax revenue increase in accordance with the law; requiring the posting of the notices of the public hearings on the City's Internet website; requiring the posting of the notices on the City's public access channel; and providing an effective date. Chuck Springer, Director of Finance, presented the background information on the item. He stated that the resolution set the maximum tax rate for 2013 and called a public hearing on the tax increase and budget hearing. Texas State law provided for certain requirements governmental entities had to meet in order to make tax payers aware of tax increases. The effective tax rate was the calculated rate that would provide a taxing unit approximately the same amount of revenue it received in the previous year on properties taxed in both years. Denton's effective tax rate for 2013 was $0.68872/$100 valuation. The roll back rate provided 8% increase in revenue from the previous year for maintenance and operations plus debt service rate. Denton's roll back rate for 2013 was $0.732528/$100 valuation. Staff was recommending adoption of the resolution. Council Member Gregory motioned, Council Member Hawkins seconded to approve the resolution. On roll call vote: Council Member Engelbrecht, Mayor Pro Tem Kamp, Council Member King, Council Member Hawkins, Council Member Gregory, Council Member Roden, Mayor Burroughs — "aye ". Motion carried unanimously. C. Consider nominations /appointments to the City's Boards & Commissions. 1. Airport Advisory Board 2. Animal Shelter Advisory Committee 3. Community Development Advisory Committee 4. Health & Building Standards Commission 5. Historic Landmark Commission 6. Human Services Advisory Committee 7. Library Board 8. Parks, Recreation and Beautification Board 9. Planning and Zoning Commission 10. Public Art Committee 11. Public Utilities Board 12. Traffic Safety Commission The following individuals were nominated: City of Denton City Council Minutes August 6, 2013 Page 8 Airport Advisory Board — Jeremy Fykes Animal Shelter Advisory Committee — Randy Wuensche, Kathleen Duffy Community Development Advisory Committee — Larry Varnes Health & Building Standards Commission — Jeff Wawro; Greg Coward Historic Landmark Commission —.Eric Pulido, Laura Mauelshagen Human Services Advisory Committee — Stephen Coffey Library Board — Jean Greenlaw Planning and Zoning Commission - Brian Bentley; Amber Briggle, Thom Reece Traffic Safety Commission — Nancy DiMarco Zoning Board of Adjustment — Jchon Paradise Council Member Hawkins motioned, Council Member King seconded to approve the nominations. On roll call vote: Council Member Engelbrecht, Mayor Pro Tem Kamp, Council Member King, Council Member Hawkins, Council Member Gregory, Council Member Roden, Mayor Burroughs — "aye ". Motion carried unanimously. 6. PUBLIC HEARINGS Ordinance No. 2013 -197 A. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding amending the Denton Development Code by increasing the duration of a permit for Farmer's Market; adding Open Air Market as a temporary use in Section 35.12; and creating a separate definition for Open Air Market in Section 35.23; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, providing for severability; and establishing an effective date. The Planning and Zoning Commission recommends approval 6 -0. Ron Menguita, Development Review Liaison, presented information regarding the item. The ordinance would extend the duration of a permit for the Farmer's Markets and add Open Air Market as a temporary use in Subchapter 25.12. The first permit for the Farmer's Market was issued in 2012 and every year it continued to grow with interest and demand for a longer season. The Community Market Coordinator was requesting a 9 month permit. The proposal was to extend the permit from 6 to 9 months and add open air market as a temporary use. It also clarified the definition of Farmer's Market and removed open air market. The Planning and Zoning Commission recommended approval. Council Member Roden questioned why not to have a full year permit instead of a restricted one. Menguita stated that the permitted zoning period was for non - residential. If the permit were year round it would be a retail type use and may be not in a suitable location. It was also a seasonable event with 9 months being a compromise for the type of permit. The Mayor opened the public hearing. Vicki Oppenheim spoke in favor. City of Denton City Council Minutes August 6, 2013 Page 9 The Mayor closed the public hearing Council Member Engelbrecht motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance. On roll call vote: Council Member Engelbrecht, Mayor Pro Tem Kamp, Council Member King, Council Member Hawkins, Council Member Gregory, Council Member Roden, Mayor Burroughs — "aye ". Motion carried unanimously. 7. CITIZEN REPORTS A. Review of procedures for addressing the City Council. B. Receive citizen reports from the following: 1) Tyler Carlton regarding an endorsement of marriage equality. Mr. Carlton was not present at the meeting 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 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. There were no items presented by Council. B. Possible Continuation of Closed Meeting under Sections 551.071 - 551.086 of the Texas Open Meetings Act. There was no continuation of the Closed Meeting. With no further business, the meeting was adjourned at 7:13 p.m. MARK A. BURROUGHS JENNIFER WALTERS MAYOR CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS AGENDA INFORMATION SHEET AGENDA DATE: September 10, 2013 DEPARTMENT: Planning and Development/Community Development ACM: John Cabrales, Jr. n SUBJECT Consider approval of a resolution by the City of Denton, Texas, authorizing the City Manger to submit an application and all other necessary documents to obtain a grant under the Texas Department of Housing and Community Affairs, Amy Young Barrier Removal Program and take all other actions necessary to implement the program; and providing for an effective date. BACKGROUND The Texas Department of Housing and Community Affairs (TDHCA), Housing Trust Fund, has released the Notice of Funding Availability (NOFA) for the Amy Young Barrier Removal Program Reservation System Access. The program provides grants of up to $20,000 to low - income (below 80% of Area Median Income) persons with disabilities for home modifications that are necessary for accessibility and the elimination of hazardous conditions. Community Development staff has reviewed the program application and requirements and has determined that use of the Barrier Removal Program funding would supplement the City's Minor Repair Program (MRP) funds when assisting persons with disabilities. ESTIMATED PROJECT SCHEDULE Funding Availability Initiation of Eligible Projects Program Completion October 1, 2013 November 1, 2013 September 30, 2014 PRIOR ACTION/REVIEW (Councils, Boards, Commissions) Due to the short time frame, there has been no formal review of the proposed program by the Community Development or Human Services Advisory Committee. However, members of the Mayor's Committee on People with Disabilities have voiced their support for staff s efforts to obtain additional funding for accessibility improvements. Agenda Information Sheet September 10, 2013 Page 2 FISCAL INFORMATION Community Development staff members will implement and manage the program. No general fund dollars are requested to manage this program. Respectfully submitted: Brian Locldey Director of Planning and Development Prepared by: Barbara Ross Community Development Administrator UodadWepartments \legal \our documentsVesolutionAMamy young barrier removal program.docx Exhibit 1 RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION AND ALL OTHER NECESSARY DOCUMENTS TO OBTAIN A GRANT UNDER THE TEXAS DEPARTMENT OF HOUSING AND COMMUNTY AFFAIRS, AMY YOUNG BARRIER REMOVAL PROGRAM AND TAKE ALL OTHER ACTIONS NECESSARY TO IMPLEMENT THE PROGRAM; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas, is concerned with the development of viable urban communities, including decent housing, a suitable living environment and expanded economic opportunities; and WHEREAS, the City of Denton, Texas, has a special concern for persons of low and moderate income; and WHEREAS, the City of Denton, Texas, wishes to apply for a grant through the Texas Department of Housing and Community Affairs, housing trust fund, Amy Young Barrier Removal Program Reservation System Access, which provides one -time grants of up to $20,000 to low- income (80% AMI) persons with disabilities, for home modifications necessary for accessibility and the elimination of hazardous conditions; and WHEREAS, the Texas Department of Housing and Community Affairs requires the appropriate certifications and the City Council deems it in the public interest to authorize the City Manager to execute a grant agreement; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City Council of the City of Denton, Texas, authorizes that an Amy Young Barrier Removal Program application through the Housing Trust Funds is hereby authorized to be filed on behalf of the City with the Texas Department of Housing and Community Affairs. SECTION 2. The City's application be submitted in consideration for funding under the reservation system of the Amy Young Barrier Removal Program Fund. SECTION 3. The City Council directs and designates the City Manager, George C. Campbell, to take all other actions necessary to execute an agreement and administer the Amy Young Barrier Removal Program and receive grant funding through reimbursements. SECTION 4. The City Council of the City of Denton, Texas, authorizes the Community Development Administrator, Barbara L. Ross, to sign and submit to the Texas Department of Housing and Community Affairs and all appropriate officials thereof, amendments, change orders, together with all necessary certifications, and other documents, under the supervision of the City Manager, to handle all fiscal and administrative matters relating to the administration of the Amy Young Barrier Removal Program, if it is funded and all other matters connected therewith. \ \codad \departments \legal \our documems\resolutionsUMamy young barrier removal program.docs SECTION 5. The City Secretary is hereby authorized to furnish true, complete, and correct copies of this ordinance to all interested parties. SECTION 6. This resolution 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 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Z �` AGENDA DATE DEPARTMENT: ACM: SUBJECT AGENDA INFORMATION SHEET September 10, 2013 Materials Management Bryan Langley L_A Questions concerning this acquisition may be directed to Kevin Gunn 349 -8595 Consider adoption of an ordinance awarding a contract for the capital lease purchase of desktop Personal Computers (PCs), notebook PCs, peripherals, and services as awarded by the State of Texas Department of Information Resources (DIR) Contract Number DIR-SDD- 195 1; providing for the expenditure of funds therefor and providing an effective date. (File 5337 awarded to Dell Financial Services LP for a total lease amount of $1,343,277.36 and additional products in the amount of $423,900 for a not -to- exceed amount of $1,767,177.36). FILE INFORMATION On September 26, 2006, Council approved a capital lease purchase for a term of 42 months for 865 Optiplex desktop PCs (without monitors), 160 Latitude notebook PCs, software, peripherals, 33 Optiplex desktops with monitors and services. Access to the master lease was through the State of Texas General Services Commission, Department of Information Resources Cooperative Purchasing Agreement. The lease purchase term was completed in 2010. The PCs purchased under the lease agreement are now seven (7) years old and are scheduled for replacement. These PCs will be sold at auction at a later date. A new capital lease purchase agreement is recommended to procure the replacement PCs. A 48 -month term is recommended to align equipment purchases with fiscal years and to spread the budget impact of the PC purchases over four (4) fiscal years. The interest rate on capital lease is 2.57% for the four year term. This interest rate is competitive with the City's cost on debt for the same term. The capital lease is available through the State of Texas General Services Commission, Department of Information Resources Cooperative Purchasing Agreement. The lease was negotiated and the purchase prices have been determined by the Department of Information Resources and meet all requirements of the State Procurement Laws. Dell Financial Services LLC is the selected supplier of desktop and notebook lease services for the State of Texas. Other area cities such as Garland, Irving, Dallas, Fort Worth and Arlington have taken advantage of the same State of Texas master- leasing program. The purchase price offered by Dell Computers to the City of Denton is less than current DIR catalogue prices. This initial procurement includes 914 Optiplex desktop PCs, 180 Latitude notebook PCs, software, peripherals, and services. New Optiplex desktop PCs are added regularly as new employees are hired or employees previously without computer access have a need for computer access. The anticipated addition of 400 Optiplex desktop PCs and 50 Latitude notebook PCs, software, and peripherals over the four (4) years of the lease is estimated at $423,900. Agenda Information Sheet September 10, 2013 Page 2 FILE INFORMATION (CONTINUED) This new proposed master lease agreement is entered into between Dell Financial Services LLC and the State of Texas acting by and through the Department of Information Resources (DM) on behalf of state agencies, as defined in Section 2054.003 and Local Governments as defined in 791.003, Government Code and meets all requirements of the State competitive bidding laws. RECOMMENDATION Technology Services recommends awarding a four (4) year capital lease purchase of Optiplex desktop PCs, Latitude notebook PCs, software, peripherals and services to Dell Financial Services LP in the amount not -to- exceed $1,767,177.36. PRINCIPAL PLACE OF BUSINESS Dell Financial Services LP Round Rock, Texas ESTIMATED SCHEDULE OF PROJECT The 914 Optiplex desktop PCs, 180 Latitude notebook PCs with software and peripherals, and services will be delivered in October 2013 and installed by January 2014. Additional desktop PCs will be ordered and installed on an as- needed basis over the next four (4) years of the lease purchase agreement. FISCAL INFORMATION Funding for the first of eight lease payments is budgeted in Technology Services job cost account number 840043744.1355.30100. FXHTUTTC Exhibit 1: Quote from Dell Financial Services LP Respectfully submitted: Chuck Springer., 349 -8260 Director of Finance I -.CIS -File 5337 I Financial Services Exhibit 1 CITY OF DENTON August 6, 2013 MOLL I Financial Services Lessee: CITY OF DENTON Lessor: Dell Financial Services LP, and/or its successors and assigns. END OF LEASE OPTIONS: TAX EXEMPT LEASE PURCHASE Options available to lessee upon completion of the base lease term are as follows: 1) Exercise the option to purchase the products at $1. 2) Return all products to lessor at lessee's expense. LEASE QUOTE: The Lease Quote is exclusive of shipping costs, maintenance fees, filing fees, licensing fees, property or use taxes, insurance premiums and similar items which shall be for Lessee's account. Lessee will pay all Lease Payments and other amounts without set -off, abatement or reduction for any reason whatsoever. Additionally, Lessee shall declare and pay all sales, use and personal property taxes to the appropriate taxing authorities. If you are sales tax exempt, please fax a copy of your Exemption Certificate with the Lease Contract, PURCHASE ORDER: The Purchase Order must be made out to Dell Financial Services L.P., One Dell Way, RR8 Box 34, Round Rock, TX 78682. The Purchase Order will include the quote number, quantity and description of the equipment. Please be sure to indicate that the PO is for a lease order and shows the type of lease, the term length, and payment frequency. The date of the lease quote referenced should be included. Please be sure to include any applicable shipping costs as a line item. Please include your address as the SHIP TO destination. INSURANCE: The risk of loss on the Equipment is borne solely by the Lessee. Lessee shall be required to purchase and maintain during the Term ( €) comprehensive public liability insurance naming Lessor as additional insured; (ii) "all-risk" physicat damage insurance in a minimum amount of the Purchase Price, naming Lessor as first loss payee, and, (iii) workmen's compensation insurance. APPROPRIATION COVENANT: The Lease shall contain an appropriation of funds clause. The Lessee will covenant that it shall do all things legally within its power to obtain and maintain funds from which the payments may be paid and Lessee will not give priority or parity in the application of funds to any functionally similar equipment. DOCUMENTATION: Duly executed Agreement and other appropriate documents, including, opinions of counsel, UCC financing statements, IRS tax exemption forms (if applicable), audited financials and such other documentation as is reasonably requested by Lessor. PROPOSAL VALIDITY /APPROVALS: This is a proposal based upon market conditions and is valid for 30 days, is subject to final credit approval, review of the economics of the transaction, and execution of mutually acceptable documentation. Quote # Equipment Unit Price Qty. Total Amount Financed Payment Frequency Lease Term (months) Lease Rate Factor Lease Payments (In Advance) 659831287 OPTIPLEX 7010 $916.00 770 $725,340.00 Semi - Annual 48 0.13389 ' $97,115.77 658635924 LATITUDE E6430 $1,513.00 180 $272,340.00 Semi - Annual 48 0.13389 $36,463.60 658711063 DELL PRECISION $1,598.02 14 $22,372.28 Semi - Annual 48 0.13389 $2,995.42 659831504 OPTIPLEX 7010 $887.00 130 $115,310.00 Semi - Annual 48 0.13389 $15,438.86 SOW $109.93 1080 $118,724.40 Semi - Annual 48 0.13389 $15,896.01 Total $1,254,086.68 $167,909.67 MOLL I Financial Services Lessee: CITY OF DENTON Lessor: Dell Financial Services LP, and/or its successors and assigns. END OF LEASE OPTIONS: TAX EXEMPT LEASE PURCHASE Options available to lessee upon completion of the base lease term are as follows: 1) Exercise the option to purchase the products at $1. 2) Return all products to lessor at lessee's expense. LEASE QUOTE: The Lease Quote is exclusive of shipping costs, maintenance fees, filing fees, licensing fees, property or use taxes, insurance premiums and similar items which shall be for Lessee's account. Lessee will pay all Lease Payments and other amounts without set -off, abatement or reduction for any reason whatsoever. Additionally, Lessee shall declare and pay all sales, use and personal property taxes to the appropriate taxing authorities. If you are sales tax exempt, please fax a copy of your Exemption Certificate with the Lease Contract, PURCHASE ORDER: The Purchase Order must be made out to Dell Financial Services L.P., One Dell Way, RR8 Box 34, Round Rock, TX 78682. The Purchase Order will include the quote number, quantity and description of the equipment. Please be sure to indicate that the PO is for a lease order and shows the type of lease, the term length, and payment frequency. The date of the lease quote referenced should be included. Please be sure to include any applicable shipping costs as a line item. Please include your address as the SHIP TO destination. INSURANCE: The risk of loss on the Equipment is borne solely by the Lessee. Lessee shall be required to purchase and maintain during the Term ( €) comprehensive public liability insurance naming Lessor as additional insured; (ii) "all-risk" physicat damage insurance in a minimum amount of the Purchase Price, naming Lessor as first loss payee, and, (iii) workmen's compensation insurance. APPROPRIATION COVENANT: The Lease shall contain an appropriation of funds clause. The Lessee will covenant that it shall do all things legally within its power to obtain and maintain funds from which the payments may be paid and Lessee will not give priority or parity in the application of funds to any functionally similar equipment. DOCUMENTATION: Duly executed Agreement and other appropriate documents, including, opinions of counsel, UCC financing statements, IRS tax exemption forms (if applicable), audited financials and such other documentation as is reasonably requested by Lessor. PROPOSAL VALIDITY /APPROVALS: This is a proposal based upon market conditions and is valid for 30 days, is subject to final credit approval, review of the economics of the transaction, and execution of mutually acceptable documentation. Quote Summary Quantity Page 1 of 2 770 QUOTATION 7010 (318 -2164) Quote #: 659831287 ML Customer #: 000834505 No Monitor Selected, Dell OptiPlex (320 -3704) Contract #: 42AFU 770 CustomerAgreement #: DIR SDD -1951 (400 -AAMV) Quote Date: 08/0512013 Date: 81512013 Customer dame: CITY OF DENTON Thanks for choosing Dell! Your quote is detailed below; please review the quote for product and informational accuracy. If you find errors or desire certain changes please contact your sales professional as soon as possible. Sales Professional Information SALES REP: HILARIO A SALINAS PHONE: 1800 - 4563355 Email Address: Hilario Salinas(o)DELL.com Phone Ext: 7250005 GROUP: 1 QUANTITY: 770 SYSTEM PRICE: $942.00 GROUP TOTAL: $725,340.00 Description Quantity OptiPlex 7010 Minitower Base (225 -2808) 770 3rd Gen Intel Core 17 -3770 Processor (8MB, 3AGHz) w /HD4000 Graphics, Del[ Optiptex 7010 (318 -2164) 770 4GB, NON -ECC, 160OMHZ DDR3,IDIMM,OPTi (319 -0218) 770 Dell USB KB, English, WN718, OptiPlex and Precision Desktop (331 -9586) 770 No Monitor Selected, Dell OptiPlex (320 -3704) 770 1 G AMD RADEON HD 7470, wNGA,OptiPlex, FH (321 -0151) 770 250GB 3.5" SATA 6Gb /s with 8MB DataBurst Cache, OptiPlex 9010/70101301WTIDT (400 -AAMV) 770 Windows 7 Professional,No Media, 64 -bit, OptiPlex, English (421 -5606) 770 Wndows 7 Label, OptiPlex, Fixed Precision, Vostro Desktop (330 -6228) 770 Dell Client System Update (Updates latest Dell Recommended BIOS, Drivers, Firmware and Apps),OptiPlex (421 -5334) 770 Software, DDPA (Dell Data Protection Access), version 2.3, OptiPlex x010 (421 -8276) 770 Dell MS111 USB Optical Mouse,OptiPlex and Fixed Precision (330 -9458) 770 Intel Standard Manageability, Deli OptiPlex 7010 (331 -6245) 770 16X DVD + / -RW SATA, Data Only, OptiPiex 9010 (318 -1540) 770 Thank you for Choosing Dell (318 -2231) 770 Heat Sink, Performance, Dell OptiPlex Minitower (331 -5538) 770 Internal Speaker, OPtiplex (318 -0319) 770 Enable Low Power Mode for EUP Compliance,Del[ OptiPlex (330 -7422) 770 Regulatory label, Mexico, for OptiPlex 7010 MiniTower (331 -6588) 770 Optiplex 7010 Minitower, Standard Power Supply (331 -7780) 770 Safety /Environment and Regulatory Guide (English) (340 -ABSZ) 770 Power Cord, 125V,2M,C13,Dell OptiPlex (330 -1711) 770 No ESTAR Settings, Optiplex (331 -8325) 770 No Resource DVD for Deli Optiplex, Latitude, Precision (313 -3673) 770 Chassis intrusion switch, Del[OptiPlex (421 -7229) 770 file: HCADo cuments and SettingsljaklincklLocal SetlingslTemporary Internet FileslContent... 8/12/2013 Quote Sumillary 1 W ready mode - exceeds FEMP 3W recommendation. Mode can be disabled in BIOS. OpfjPlex (310 -1959) 770 No Quick Reference Guide,Dell OptiPlex (310 -9444) 770 Shipping Material for System, Mini tower, Dell OptiPlex (331 -1268) 770 No Productivity Software,Dell OptiPlex, Precision and Latitude (421 -3872) 770 Basic Hardware Service: Next Business Day Onsite Service After Remote Diagnosis 2 Year Extended (995 -1923) 770 Basic Hardware Service: Next Business Day Onsite Service After Remote Diagnosis Initial Year (995 -0903) 770 Dell Limited Hardware Warranty Plus Service Extended Year(s) (995 -4303) 770 Dell Limited Hardware Warranty Plus Service Initial Year (995 -4093) 770 Dell ProSupport Service Offering Declined (991 -2878) 770 Intel Core i7 Desktop Sticker (331 -1565) 770 DELL U2212H 21.51N Flat Panel Display, OptiPlex,Precision and Latitude (320 -2708) 770 `Total Purchase Price: Product Subtotal: Tax: Shipping & Handling: State Environmental Fee: Shipping Method: $725,340.00 $725,340.00 $0.00 $0.00 $0.00 LTL 5 DAY OR LESS (*Amount denoted in $) Page 2 of 2 Statement of Conditions The information in this document is believed to be accurate. However, Dell assumes no responsibility for inaccuracies, errors, or omissions, and shall not be liable for direct, indirect, special, incidental, or consequential damages resulting from any such error or omission. Dell is not responsible for pricing or other errors, and reserves the right to cancel orders arising from such errors. Dell may make changes to this proposal including changes or updates to the products and services described, including pricing, without notice or obligation. This proposal is not intended to create a contractual relationship. Unless expressly agreed otherwise in a writing signed by the parties, all orders by CITY OF DENTON for Dell products and services shall be subject to Dell's Terms and Conditions of Sale- Direct, which can be found atwww.dell.comherms, and which incorporate Dell's U.S. Return Policy, at % vww.defl.comtreturnpolicy#total . Please read those terms carefully and in their entirety, and note in particular that Dell EqualLogic and Equal Logic-bra nded products, Del11EMC and EMC- branded products, PowerVault ML6000 tape libraries, non -Dell- branded enterprise products, enterprise software, and customized hardware or software products may not be returned at any time. Orders also shall be subject to the terms of any applicable service contract(s), which can be found at ww%v. del Loom iservicecontracls. All information supplied to CITY OF DENTON for the purpose of this proposal is to be considered confidential information belonging to Dell. About Dell Dell Inc. (NASDAQ: DELL) listens to customers and delivers innovative technology and services they trust and value. Uniquely enabled by its direct business model, Dell is a leading global systems and services company and No. 34 on the Fortune 500. For more information, visit vAvw.dell.com. Privacy Policy Dell respects your privacy. Across our business, around the world, Dell vrill collect, store, and use customer information only to support and enhance our relationship with your organization, for example, to process your purchase, provide service and support, and share product, service, and company news and offerings with you. Dell does not sell your personal information. Fora complete statement of our Global Privacy Policy, please visit deil.com! €ivac . file://CADocuments and Settingsljaklinck\Local SettingsUemporary Internet FileslContent.., 8/12/2013 Quote Summary r Date: 815!2013 QUOTAVON Quote #: Customer #: Contract #: CustomerAgreement #: Quote Date: Customer Name: 659831504 000834505 42AFU DIR SDD -1951 08/05/2013 CITY OF DENTON Thanks for choosing Dell! Your quote is detailed below; please review the quote for product and informational accuracy. If you find errors or desire certain changes please contact your sales professional as soon as possible. Sales Professional Information SALES REP: HILARIO A SALINAS PHONE: 1800 - 4563355 Email Address: Hilario SalinasCa7DELL.com Phone Ext: 7250005 GROUP: 1 QUANTITY: 130 SYSTEM PRICE: $887.00 GROUP TOTAL: $115,310.00 Description Quantity OptiP[ex 7010 Small Form Factor Base (225 -2812) 130 3rd Gen Intel Core i5 -3470 Processor (6MB, 3.2GHz) w /HD2500 Graphics, Dell Optiplex 7010 (319 -0912) 130 6GB, NON -ECC, 160OMHZ DDR3,2DIMM,OptiPlex (317 -8986) 130 Dell USB. KB, English, WIN7I8, Opt[Plex and Precision Desktop (331 -9586) 130 No Monitor Selected, Dell OptiPlex (320 -3704) 130 1 GB AMD RADEON HD 7470,LP,wNGA,OptiPlex (320 -9617) 130 250GB 3.5" SATA 6Gbls with 8MB DataBurst Cache, OptiPlex 9010/701013010MTIDT (400 -AAMV) 130 Windows 7 Professiona[,No Media, 64 -bit, OptiPlex, English (421 -5606) 130 Windows 7 Labe[, OptiPlex, Fixed Precision, Vostro Desktop (330 -6228) 130 Dell Client System Update (Updates latest Dell Recommended BIOS, Drivers, Firmware and Apps),OptiPlex (421 -5334) 130 Software, DDPA (Dell Data Protection Access), version 2.3, OptiPlex x010 (421 -8276) 130 Dell MS111 USB Optical Mouse,OptiPlex and Fixed Precision (330 -9458) 130 Intel Standard Manageability, Dell OptiPlex 7010 (331 -6245) 130 8X SlimLine, DVD + / -RW, Dell OptiPlex (318 -0620) 130 Thank you for Choosing Dell (318 -2231) 130 Heat Sink, Perf/Mstrm, SFF, OptiPlex (331 -8318) 130 Internal Speaker, OPtiplex (318 -0319) 130 Optiplex 7010 Small Form Factor, Standard Power Supply (331 -6585) 130 Enable Low Power Mode for EUP Compliance, Dell OptiPlex (330 -7422) 130 Regulatory label, Mexico, for Opt[Plex 7010 Small Form Factor (331 -7359) 130 Safety /Environment and Regulatory Guide (English) (340 -ABSZ) 130 Power Cord, 125V,2M, C1 3, Dell OptiPlex (330 -1711) 130 No ESTAR Settings, OptiPlex (331 -8325) 130 No Resource DVD for Dell Optiplex, Latitude, Precision (313 -3673) 130 1 W ready mode - exceeds FEMP 3W recommendation. Mode can be disabled in BIOS. Page 1 of 2 f-ile:HC;1Documents and SettingsljaklincklLocal SettingsUemporar'y Internet FilesTontent... 8/12/2013 Quote Suniniary OptiPlex (310 -1959) 130 No Quick Reference Guide,Dell OptiPlex (310 -9444) 130 Shipping Material for System,Small Form Factor,Dell OptiPlex 990 (331 - 1270) 130 No Productivity Software,Dell OptiPlex, Precision and Latitude (421 -3872) 130 Basic Hardware Service: Next Business Day Onsite Service After Remote Diagnosis 2 Year Extended (995 -1923) 130 Basic Hardware Service: Next Business Day Onsite Service After Remote Diagnosis Initial Year (995 -0903) 130 Dell Limited Hardware Warranty Plus Service Extended Year(s) (995 -4303) 130 Dell Limited Hardware Warranty Plus Service Initial Year (995 -4093) 130 Dell ProSupport Service Offering Declined (991 -2878) 130 Intel Care i5 Desktop Sticker (331 -1566) 130 DELL U2212H 21.51N Flat Panel Display, OptiPlex, Precision and Latitude (320 -2708) 130 *Total Purchase Price: Product Subtotal: Tax: Shipping & Handling: State Environmental Fee: Shipping Method: $115,390.00 $115,310.00 $0.00 $0.00 $0.00 LTL 5 DAY OR LESS ( *Amount denoted in $) Page 2 of 2 Statement of Conditions The information in this document is believed to be accurate. However, Dell assumes no responsibility for inaccuracies, errors, or omissions, and shall not be liable for direct, indirect, special, incidental, or consequential damages resulting from any such error or omission. Dell is not responsible for pricing or other errors, and reserves the right to cancel orders arising from such errors. Dell may matte changes to this proposal including changes or updates to the products and services described, including pricing, without notice or obligation. This proposal is not intended to create a contractual relationship. Unless expressly agreed otherwise in a writing signed by the parties, atl orders by CITY OF DENTON for Dell products and services shall be subject to Dell's Terms and Conditions of Sale- Direct, which can be found ahwrvr.dell.com /terms, and which incorporate Dell's U.S. Return Policy, at www.dell.comfreturnoolicv# total . Please read those terms carefully and in their entirety, and note in particular that Dell EqualLogic and Equall-ogic- branded products, Dell1EMC and EMC - branded products, PowerVault ML6000 tape libraries, non -Dell- branded enterprise products, enterprise software, and customized hardware or software products may not be returned at any time. Orders also shall be subject to the terms of any applicable service contract(s), which can be found at www.dell.com/se M information supplied to CITY OF DENTON for the purpose of this proposal is to be considered confidential information belonging to Dell. About Dell Dell Inc. (NASDAQ: DELL) listens to customers and delivers innovative technology and services they trust and value. Uniquely enabled by its direct business model, Dell is a leading global systems and services company and No. 34 on the Fortune 500. For more information, visit wvwi.dell.com. Privacy Policy Dell respects your privacy. Across our business, around the world, Dell will collect, store, and use customer information only to support and enhance our relationship with your organization, for example, to process your purchase, provide service and support, and share product, service, and company news and offerings with you. Dell does not sell your personal information. For a complete statement of our Global Privacy Policy, please visit deli.coml � ivacy. file:11C:1Documents and Settinps;aklinekTocat SettingsUenaporary Internet Files\Content,,, 8/12/2013 Quote Summary MM Date: 8/5/2013 QUOTATION Quote #: Customer #: Contract #: CustomerAgreement M Quote Date: Customer Name: 658635924 000834505 42AFU DIR SDD -1951 07/24/2013 CITY OF DENTON Thanks for choosing Dell! Your quote is detailed below; please review the quote for product and informational accuracy. If you find errors or desire certain changes please contact your sales professional as soon as possible. Sales Professional Information SALES REP: HILARIO A SALINAS PHONE: 1800 - 4563355 Email Address: Hilario Salinas o)DELL.com Phone Ext: 7250005 GROUP: 1 QUANTITY: 180 SYSTEM PRICE: $1,513.00 GROUP TOTAL: $272,340.00 Description Quantity Dell Latitude E6430 (225 -2655) 180 3rd gen Intel Core i7 -3540M Processor (3.OGHz, 3M cache, Upgradable to Intel vPro technology), Dell Lat. E6430/6530/ATG (338 -BBKM) 180 8.0G13, DDR3- 160OMHz SDRAM, 1 DIMM, Dell Latitude (319 -1529) 180 Internal English Dual Point Backlit Keyboard for Windows 8, Latitude E (331 -9776) 180 Documentation (English), Dell Latitude and Precision Workstations (332 -0472) 180 Tech Setup Guide, English, Dell Latitude E6X30 (331 -5825) 180 NVIDIA NVS 5200M (GDDR5 1 GB) Discrete Graphic with Optimus, bell Latitude E6430 (318 -1889) 180 128GB Dell Mobility Solid State Drive, Dell Latitude E6X30 (342 -4258) 180 No Dell ControlVault, No Fingerprint Reader, No Smartcard Reader and No Contactless Smartcard Reader, Dual Point (331 -5841) 180 14.0" HD (1366x768) Anti -Glare LED- backlit, Dell Latitude E6430 (320 -3062) 180 Windows 7 Professional, 64 -bit, No Media, Latitude, English (421 -8067) 180 Windows 7 Label, Latitude, Vostro and Mobile Precision Notebooks (330 -6322) 180 Software, DDPA (Dell Data Protection Access), version 2.3, Dell Latitude EXX30 (421- 8718) 180 No Modem, Dell Latitude E4 (331 -5834) 180 No Modem for Latitude E- Family (313 -9606) 180 US - 3 foot Flat Power Cord, Dell Latitude (330 -4016) 180 9OW 3 -Pin, AC Adapter, Dell Latitude EXX30 (331 -5829) 180 8X DVD + / -RW, Dell Latitude E4 (318 -1732) 180 BX DVD + / -RW Bezel, Dell Latitude E63XO /E64XO /E65XO /ATG (318 -0466) 180 Thank you for Choosing Dell (318 -2231) 180 Noise Cancelling Digital Array Microphone, Dell Latitude E64301ATG (318 -1719) 180 Intel Centrino Advanced -N 6205 802.11 In 2x2 Half Mini Card, Dell Latitude E4 /Mobile Precision (430 -4632) 180 No Intel vPro Technology Advanced Management Features, Dell Latitude E6430/S /ATG (331 -5836) 180 Page 1 of 2 file: / /CADocuments and Settingsljaklinck\Local SettingsUemporary Internet Files\C©rltctit... 8/12/2013 Quote Summary 9 -Cell (97WH) Primary Lithium Ion Battery, (10Ah) ExpressCharge Capable for Latitude E4 (312 -1319) 180 Energy Star Enabled /E -PEAT, Latitude E6X30 (331 -6213) 180 No Productivity Software,Dell OptiPlex, Precision and Latitude (421 -3872) 180 Basic Hardware Service: Next Business Day Onsite Service After Remote Diagnosis 2 Year Extended (993 -9141) 180 Basic Hardware Service: Next Business Day Onsite Service After Remote Diagnosis Initial Year (993 -8341) 180 Dell Limited Hardware Warranty Plus Service Extended Year(s) (994 -0921) 180 Dell Limited Hardware Warranty Plus Service Initial Year (9940681) 180 Dell ProSupport Service Offering Declined (991 -2878) 180 Intel Core i7 Processor (331 -1640) 180 E -Port Plus, 130W Advanced Port Replicator, USB 3.0 for Latitude E- Family (331 -6310) 180 Total Purchase Price: Product Subtotal: Tax: Shipping & Handling: State Environmental Pee: Shipping Method: $272,340.00 $272,340.00 $0.00 $0.00 $0.00 LTL 5 DAY OR LESS (*Amount denoted in S) Page 2 of 2 Statement of Conditions The information in this document is believed to be accurate. However, Dell assumes no responsibility for inaccuracies, errors, or omissions, and shall not be liable for direct, indirect, special, incidental, or consequential damages resulting from any such error or omission. Dell is not responsible for pricing or other errors, and reserves the right to cancel orders arising from such errors. Dell may make changes to this proposal including changes or updates to the products and services described, including pricing, without notice or obligation. This proposal is not intended to create a contractual relationship. Unless expressly agreed othoWse in a writing signed by the parties, all orders by CITY OF DENTON for Dell products and services shall be subject to Dell's Terms and Conditions of Sale - Direct, which can be found atwvrw.dell.comfterms, and which incorporate Dell's U.S. Return Policy, at www .dell.comtreturnpolicY#Etotal . Please read those terms carefully and in their entirety, and note in particular that Dell Equall.ogic and Equal Logic-branded products, DeIIIEMC and EMC - branded products, PowerVault ML6000 tape libraries, non -Dell- branded enterprise products, enterprise software, and customized hardware or software products may not be returned at any time. Orders also shall be subject to the terms of any applicable service contract(s), which can be found at www.dell.com /servicecontracts. All information supplied to CITY OF DENTON for the purpose of this proposal is to be considered confidential information belonging to Dell. About Dell Dell Inc. (NASDAQ: DELL) listens to customers and delivers innovative technology and services they trust and value. Uniquely enabled by its direct business model, Dell is a leading global systems and services company and No. 34 on the Fortune 500. For more information, visit vNAv.dell.com. Privacy Policy Dell respects your privacy. Across our business, around the world, Dell will collect, store, and use customer information only to support and enhance our relationship with your organization, for example, to process your purchase, provide service and support, and share product, service, and company news and offerings with you. Dell does not sell your personal information. For a complete statement of our Global Privacy Policy, please visit dell.Cem/priyaG , fileWC:1DOcuments and SettingsljaklineklLocal SettingMemporary Internet FileslContent... 8/12/2013 Quote Sulilmary 3 � Date: 8/5/2013 QUOTATION Quote #: Customer #: Contract #: Custom erAg reement #: Quote Date: Customer Name: 658711063 000834505 42AFU DIR SDD -1951 07/24/2013 CITY OF DENTON Thanks for choosing Dell? Your quote is detailed below; please review the quote for product and informational accuracy. If you find errors or desire certain changes please contact your sales professional as soon as possible. Sales Professional Information SALES REP: HILARIO A SALINAS PHONE: 1800 - 4563355 Email Address: Hilario Salinas (d,)DELL.com Phone Ext: 7250005 GROUP: 1 QUANTITY: 14 SYSTEM PRICE: $1,598.02 GROUP TOTAL: $22,372.28 Description Quantity Dell Precision T3600,MT, 635W(225-2090) 14 Four Core XEON E5 -1603, 2.8GHz, 10M, Dell Precision T3600 (317 -8699) 14 8G6 DDR3 RDIMM 1333,ECC,4x2GB,LV,PWS Tx600 (317 -9072) 14 Dell USB KB, English, WIN7 /8, OptiPlex and Precision Desktop (331 -9586) 14 Monitor Option -None (320 -3316) 14 1G13 nVIDIA Quadro 600,Dual Monitor,1DP and 1DVI,Dell Precision T3600, T5600, T7600 (320 -3644) 14 250GB, SATA, 3.5 Inch, 10K, Hard Drive, Dell Precision TX600 (342 -5253) 14 C1 SATA 3.5 Inch,1 -2 Hard Drive,Dell Precision T3600 (331 -4816) 14 Windows 7 Label, Opt[Plex, Fixed Precision, Vostro Desktop (330 -6228) 14 Windows 7 XP Mode,Opti /PWS /Lat/Vost (421 -2262) 14 Dell Client System Update (Updates latest Dell Recommended BIOS, Drivers, Firmware and Apps),Precision Desktop (421 -5335) 14 Windows 7 Ultimate, No Media, 64 -bit, f=ixed Precision, English (421 -5652) 14 Del[ Data Protection Access, Precision Workstations (421 -7814) 14 Del[ MS111 USB Optical Mouse,OptiPlex and Fixed Precision (330 -9458) 14 Integrated Intel controller, SATA 3Gb1s RAID 011/5/10 (4 ports), Dell Precision T3600 (342- 6613) 14 16X DVD + / -RW and 8X DVD, Data Only, Dell Precision T3600,T6600 and T7600 (318- 1325) 14 Thank you for Choosing Dell (318 -2231) 14 Cable for 2nd 5.25 Optical Drive, Dell Precision T3600 (331 -4089) 14 No Speaker option (313 -2663) 14 Regulatory Label,Dell Precision T3600 (331 -4090) 14 Precision T3600,635W 90 Percent Efficiency Power Supply (331 -4092) 14 Enable Low Power Mode for EUP Compliance,Dell Precision Desktop (342 -2635) 14 Power Cord, 125V,2M,C13,Deli Precision (330 -3157) 14 Documentation (English), Dell Latitude and Precision Workstations (332 -0472) 14 Page 1 of 2 file://CADoouniellts and SettingsljaklinekToeal Settings\Temporary Internet Files\Content... 8/12/2013 Quote Summary Microsoft Office Trial, MUI, OptiPlex, Precision, Latitude (630 -AABP) RAID,CNTRL,INTEL,PAYG,A,T3600 (331 -4107) Energy Star Not Selected,Dell Precision Desktop (330 -3201) No Out -of -Band Systems MGMT,Dell Precision T3600 (331 -4113) No Resource CD for Dell Precision Desktop (330 -4024) NO RAID,Dell Precison Tx600 (331 -4816) Basic Hardware Service: Next Business Day Onsite Service After Remote Diagnosis 3 Year Extended (934 -4173) Dell Limited Hardware Warranty Plus Service Initial Year (934 -7327) Dell Limited Hardware Warranty Plus Service Extended Year(s) (938 -3758) Basic Hardware Service: Next Business Day Onsite Service After Remote Diagnosis Initial Year (994 -7970) Quick Reference Guide, English, Dell Precision T3600,T5600 and T7600 (331 -4094) Shipping Material for System,Dell Precision T3600 (331 -4091) Display Port to DVI Video Adapter Converter (331 -1545) DELL UltraSharp U2412M 24W Monitor with HAS, 24.0 Inch VIS, Widescreen, VGA/ DVI/ DP (321 -0083) *Total Purchase Price: Product Subtotal: Tax: Shipping & Handling: State Environmental Fee: Shipping Method: 14 14 14 14 14 14 14 14 14 14 14 14 14 14 $22,372.28 $22,372.28 $0.00 $0.00 $0.00 LTL 5 DAY OR LESS ( Amount denoted in $) Page 2 of 2 Statement of Conditions The information in this document is believed to be accurate. however, Deb assumes no responsibility for inaccuracies, errors, or omissions, and shall not be liable for direct, indirect, special, incidental, or consequential damages resulting from any such error or omission. Dell is not responsible for pricing or other errors, and reserves the right to cancel orders arising from such errors. Dell may make changes to this proposal including changes or updates to the products and services described, including pricing, without notice or obligation. This proposal is not intended to create a contractual relationship. Unless expressly agreed otherwise in a writing signed by the parties, all orders by CITY OF DENTON for Dell products and services shall be subject to Dell's Terms and Conditions of Sale- Direct, which can be found atwww.dell.comlterms, and which incorporate Dell's U.S. Return Policy, at wvrw.deU.comtreturnpolicv#total . Please read those terms carefully and in their entirety, and note in particular that Dell Equall -o& and EqualLogic- branded products, DeIIIEMC and EMC - branded products, PowerVault ML6000 tape libraries, non-Dell-branded enterprise products, enterprise software, and customized hardware or software products may not be returned at any time. Orders also shall be subject to the terms of any applicable service contracl(s), which can be found at wvNi.dell.com /servicecontracts. All information supplied to CITY OF DENTON for the purpose of this proposal is to be considered confidential information belonging to Dell. About Dell Dell Inc. (NASDAQ: DELL) listens to customers and delivers innovative technology and services they trust and value. Uniquely enabled by its direct business model, Dell is a leading global systems and services company and No. 34 on the Fortune 500. For more information, visit www.detl.com. Privacy Policy Dell respects your privacy. Across our business, around the world, Dell will collect, store, and use customer information only to support and enhance our relationship with your organization, for example, to process your purchase, provide service and support, and share product, service, and company news and offerings with you. Dell does not sell your personal information. For a complete statement of our Global Privacy Policy, please visit dell.comlprivacy. file:l/CADocuments and Settingsljaklinek\Local Settingffemporaly Internet FilesTontent... 8/12/2013 Deployment Services Dell Marketing L.P. City of Denton nn �f x� ' , D011 Confidential Table of Contents Wage 1 SCOPE OF SERVICES ................... .................................................................................................. I.............. 3 2 PROGRAM MANAGEMENT .......................................................................................... ............................... 3 2.1 DELL PROGRAM MANAGEMENT RESPONSIBILITIES ..................................................... ............................... 3 2.2 CUSTOMER PROGRAM MANAGEMENT RESPONSIBILITIES ............................................ ............................... 3 3 REQUESTED SERVICES ................................................................................................ ............................... 4 3.1 PRE-DEPLOYMENT ACTIVITIES ..................................................................................... ..............................4 3.1.1 Site Survey and End-User Profiles ......................................................................... ............................... 4 3.1.2 Pilot Test ......................................................................................... ............................... ................. I... 4 3.2 SCHEDULES ................................................................................................................. ............................... 4 3.3 IMAGING SERVICES ..................................................................................................... ............................... 4 3.3.1 Off -site imaging at customer ti varehoarse ................................................................ ............................... 4 3.4 ON-SITF - INSTALLATION SERVICES ............................................................................ ............................... 5 3.4.1 Basic Installation Service — Client System (CPU and 1llonitoi) ............................ ............................... 5 3.4.2 Data illigration via aVetwork .................................................................................. ............................... 5 3.4.3 De- installatio) i of Legacy System (CPU and ltlonitoi) .......................................... ............................... 6 3.4.4 Off Customer Premises Trash Removal ................................................................. ............................... 6 3.5 LOGISTICS SERVICES.. ..................................................... ............................................... .......................... 6 3.5.1 Transport Legacy Systems beteveen Installation Site and Warehouse ................... ............................... 6 3.5.2 Transport Legacy Systems benveen Installation Site and Warehouse ................... ............................... 7 3.5.3 hard Drive Removal .............................................................................................. ............................... 7 4 CUSTOMER RESPONSIBILITIES ................................................................................ ............................... 8 SPRICING .................................................. ........................................... .... ....... . .................................. —............. 9 5.1 MANAGED DEPLOYMENT PRICING .............................................................................. ............................... 9 5.1.1 Pricing Notes ......................................................................................................... ............................... 9 6 ASSUMPTIONS .................................................................................................................. .............................10 6.1 SCOPL' ASSUMPTIONS .............................................................................•"'.................. .............................10 6.2 DEPLOYMENT DENSITY ALLOCATION ASSUMPTIONS ................................................... .............................10 6.3 I)MING ASSUMPTIONS ................................................................................................. ..............................1 1 6.4 SCHEDULING ASSUMPTIONS ......................................................................................... .............................11 6.5 IT ENVIRONMENT & TECHNICAL ASSUMPTIONS .......................................................... .............................11 6.6 GENERAL ASSURIPT IONS .............................................................................................. .............................12 6.7 OUT OF SCOPE SERVICES ............................................................................................. .............................12 7 CHANGE MANAGEMENT PROCESS ........................................................................... .............................12 8 NDS EQUIPMENT ............................................................................................................. .............................12 9 GENERAL ........................................................................................................................... .............................12 APPENDIXA -- CHANGE REQUEST FORM ....................................................................... .............................14 APPENDIXB — CUSTOMER SITES ....................................................................................... .............................16 APPENDIXC —DEFINITIONS ............................................................................................... .............................17 APPENDIX D — BASIC DATA AND PERSONALITY MIGRATION SUMMARY .......... .............................19 �? Doil Confide,1114 €I ' � A Scope of Services This Statement of Work ( "SOW ") describes the managed deployment services to be provided by Dell Marketing L.P. ( "Dell ") to City of Denton ( "Customer "). This SOW will be governed by the Customer Master Services Agreement located at web address « Ittp: / /www.dell.coni/downloads /global /services /Cust Mstr_Srvc_Agmt.pdf->, or the applicable service agreement signed by Dell and Customer (the "Agreement "). The term of this SOW shall begin on the date as negotiated between the Dell Program Manager and the customer during the kick off call, with a maximum term of 9 weeks following the negotiated SOW start date. ➢ Project is expected to occur at approximately 23 locations in the continental US. ➢ The duration of the project is expected to be 9 weeks. ➢ Estimated Quantity of units: 1080. ➢ Service Hours are: 8:00 am -.5:00 pm Monday through Friday. Dell is providing the following Services under this SOW: Off -site imaging at customer warehouse Transportation between customer warehouse and installation site • Basic Installation of CPU & Monitor • De- installation of Legacy System (CPU and Monitor) • Data Transfer via Network average of 3 GB • Off Customer Premises Trash Removal • Transport Legacy Systems between Installation Site and Warehouse • Hard drive removal from Legacy Systems Dell will provide Services for Customer sites identified in Appendix B (each, a "Customer Site ") Service Hours are Business Hours Monday through Friday (excluding nationally- observed holidays), based on a forty (40) hour week ( "Service Hours ") described in Definitions, Appendix C. Program Management Dell's program management office will manage and implement the Services described herein. Dell and Customer will each assign a program manager who will coordinate the activities to be performed under this SOW ( "Program Manager "). The Program Manager for each part), will serve as the point -of- contact for all communications, escalation of issues, and any modification to the scope, requirements, or responsibilities under this SOW. 2.1 Dell Program Management Responsibilities Dell and/or its Progrann Manager will perform the following activities: • Serve as central point of contact for all service delivery issues. • Manage Dell tasks, resources associated with the Services, and coordinate activities with Customer. + Conduct meetings to communicate roles, responsibilities, review assumptions, and schedule activities. • Use standard industry recognized project management tools and methodologies. Employ a reporting mechanism to identify project tasks, next steps, and issues. • Implement changes associated with the Services in compliance with the Change Management Process described in this SOW. 2.2 Customer Prograin Management Responsibilities Customer and/or its Program Manager will perform the following activities: �` Dell Confidential t£i£x • Provide reasonable assistance, cooperation, timely decisions and support in connection with the provision of the Services by Dell. • Coordinate the scheduling of all Customer designated resources required for the Services. • Obtain all consents, approvals, and licenses required by Customer's suppliers, licensors, and lessors necessary to support or permit tine provision of Services under this SOW. • Assign a site coordinator for each Customer site where Services will be provided. Requested Services 3.1 Pre- Deployment Activities Deli and Customer will complete the activities listed below before managed deployment Services begin. These activities will validate the assumptions, requirements, procedures, and responsibilities set forth in this SOW. In the event any assumption, requirement, procedure, or responsibility is found to be incorrect, the pricing and/or scope of Services will be modified using tine Change Management Process to reflect the actual operating environment. 3.1.1 Site Sttrvey and End -User Profiles Customer will complete a site survey for each Customer Site. The site survey is used to collect information needed for the deployment. Customer will complete end -user profile surveys, if applicable. 3.1.2 Pilot Test Dell will conduct a pilot test to validate the assumptions and test the deployment procedures prior to the first scheduled deployment. The pilot will consist of a typical set of Services for a limited number of systems and validate the following requirements: information flow, procedures for each deployment activity, system environment, timings, and assumptions. Dell and Customer will mutually agree on written installation instructions prior to the date the pilot is scheduled to be performed. The installation instructions and configuration of automated migration tools, such as Dell Data Direct or Dell Automated Deployment, must be finalized before Dell will cotmuit resources to perform the pilot. Upon completion of the pilot, Dell and Customer will review the results and identify any necessary modifications to the Services and /or prices. 3.2 Schedules Dell and Customer will mutually agree in writing to a deployment schedule by Customer Site and Schedule Group (collectively, the "Deployment Schedule "). The Deployment Schedule will be distributed by Customer to end -users identified in each Schedule Group prior to the scheduled installation of their Client Systems. Customer will promptly notify Dell of any conflicts in order to lock the schedule prior to the scheduled installation date. Any modifications or cancellations occurring prior to tine scheduled installation date may be subject to additional fees. 3.3 ln-iaging Ser6ces 333 Off-site imaging at cttstotner Warehouse • Image client system via Customer- provided media at customer warehouse prior to delivery to sites. • Conduct basic functionality test to ensure image load success. • Customer will provide one copy of each image to be installed. • If the application software does not load to completion (or does not function properly in the Customer's environment), the Customer will contact the proper help resources for that application to complete the installation. 4 SF DC 6251354 Premier is not responsible for any issues arising from the functionality of the Customer's software in the Customer's environment. Assumptions • Assumes System being imaged is new Dell Client System being installed under this SOW • Dell is not responsible for any issues arising fiom the functionality of Customer's software in Customer's environment • Assumes image is <10 GB, Customer responsible for all licenses • Dell can leverage Customer's network to perform the Services if required for imaging; network is not used for batch jobs or backups which would impact delivery of Sol-vices. • Active X is enabled during installations. • Standard implementation of dynamic host configuration protocol addresses is utilized. • Assumes System being imaged is new Dell system being installed under this SOW. 3.4 On -Site - histallatton Services 3.4.1 Basic Installation Service — Client System (CPU and Monitor) • Unpack new Client System from shipping boxes and inspecting components for any damage • Verify service tag for each new Client System against packing slip • Notify Dell help desk of any discrepancy or damage regarding the shipment of Dell equipment • Move new equipment from central location to the end user desk side • Organize Client System components and peripherals (e.g., keyboards, power supplies, mice, and software) for deployment • Plug Customer- provided, certified network patch cables into nc-'v Client System • Plug all power cords into electrical sources • Plug network patch cables into existing certified network jacks • Boot the new Client System and verifying network connection for Customer's network connected devices • Log on to the new Client System using Customer- provided user ID and password • Configure IP Address • ,loin computer to the domain • Map up to two (2) network printers to each new Client System • Reconnect and setup tip to two (2) existing external peripherals to Client System. When required, Dell will load the drivers supplied by Customer and will print a test page or conduct an agreed upon simple test for functionality • Connect Customer- provided peripheral cable to the new Client System (excludes configuration) • Complete validation & function test as agreed to by both parties • Contact the Dell help desk if a problem is encountered with any component provided by Dell for the new Client System • On -site disposal of deployment related trash to in the immediate installation premises and properly clean the installation area 3.4.2 Data Migration via Network Perform the data transfer between the legacy system and the new system via network connection. The Data migration function will be performed by PFI technicians following detailed instructions provided by Customer. Customer's preferred method of data migration is via automated script tools, such as Customer Data Direct. If utilized, Customer Data Direct will be configured by Customer. 5 SFDC 6251354 • Customer Data Direct data migration steps, if applicable • insert bootable CD /DVD into the Legacy System and power the Legacy System on to boot the system to the CD /DVD. • 'Technician will follow the on- screen prompts to initiate the automated data migration process • The automated PC data and settings migration process will ruin. • Once Legacy System data backup is complete, technician will de- install the legacy PC as well as eject and remove the CD /DVD. • Technician will power on the new system and follow on- screen prompts to start tine restore of the backed up data. • Tine automated PC data and settings migration process will run. • Confirm data migration completion via on- screen messaging; communicate errors to Program Manager or designated lead. • Cross -over cables and/or media to perform the migration, such as USB keys, external optical or hard drives, CD /DVDs will be provided by Customer or Customer at Customer's expense. In the event that PFI is asked to provide a migration tool, cross -over cables, or media needed for migration, additional fees will apply via the Addendum or Change Management Process, • Customer is responsible for backing up data that is to be migrated, PH is not responsible for lost data. • Customer is responsible for ensuring end -user data to be migrated is stored in a designated • Folder (e.g., "My Documents ") and providing the storage location to Customer; or that end - user data to be migrated has been documented in a mutually agreed technical specification for use with a Customer provided data migration tool. • Data migration involves migrating Customer data files, not applications or programs, fi-om a White] to a Whitel platform. Other platform formats, such as Linux or MAC, approved as mutually agreed in Addendum or Change Request. • Customer assumes Customer does not have any security or domain restrictions preventing data transfer. 3.13 De- installation of Legacy System (CPU and Monitor) • Disconnect the hardware components, network cable, and power cord for the Legacy System. • Placing Legacy System components in boxes using packaging materials fi-om the new Client • System or other materials supplied by Customer • Moving the Legacy System to an on -site storage area designated by Customer in the deployment building • Moving all boxes, packaging materials and debris to a disposal area within the building where the deployment services are provided • Properly cleaning the installation area so it is returned to its original condition. • Coordinating the pickup of Legacy Systems by Customer's Asset Recovery Services if applicable. 3.1.4 Off Customer Premises Trash Removal • Removal of deployment trash off Customer premises. 3.5 Logistics Services 3.5.1 Transport Legacy Systems between Installation Site and Warehouse • Transport Legacy Systems from installation site(s) to warehouse in accordance with the Deployment Schedule • Confirm pick -up locations, contacts, and schedule with customer Project Coordinator Provide warehouse local facility for receiving and storing Legacy systems in same State as Customer. 6 SFDC 6251354 Warehouse pending completion of quarantine period defined by Customer or until pick up for Asset Recovery Services in accordance with Deployment Schedule. + Pricing will be based oil a 30 day billing cycle on a per system basis. + Accept/cover risk of loss for systems while in Premier's possession. Assumptions • Additional charges apply per unit for any portion of 30 days and for each 30 days. • Logistics reporting will be on a piece count basis. 3.5.2 Transport legacy Systeins between Installation Site and Warehot.tse 3.53 Hard Drive Removal + Remove drive from Legacy System, label with serial number of Legacy System and place in container at customer warehouse 7 SI=DC 6251354 Customer Responsibilities Customer will be responsible for the activities listed below: • Provide access to Customer Site(s), including any necessary keys or badges. Advise Dell prior to locking schedule of any unique site entry requirements. • Provide Dell with the physical location of each end -user desk where the services are to be performed as well as location of printers to be mapped per system, if applicable • Prepare Customer Sites and end -user locations to receive Services (e.g., installing cables, network jacks, and power outlets and ensuring connectivity) • Procure all hardware components and software licenses in advance of deployment activities to meet the Deployment Schedule • Receive hardware at Customer's receiving dock • Provide safe and adequate parking facilities • Provide a safe working environment, reasonable office accommodations, and adequate work space within reasonable proximity to where Services are to be performed • Provide carts for transporting hardware within deployment site • Ensure Customer's Site coordinator is on -site and available at the deployment site. • Provide Dell with access to and use of information, data, Customer facilities, equipment, and internal resources as reasonably necessary to deliver the Services • Ensure all systems and related equipment are easily accessible by Dell without the need to move furniture, and provide keys to any cable locks as needed to remove or secure systems during de- installation and/or installation and disable any BIOS passwords currently configured on Legacy Systems prior to a service call for installation • Ensure all end -users backup data prior to Dell arriving onsite to perform Services • Provide all logon IDs, passwords, domain specifications, and personal settings necessary to perform the Services for each end -user prior to scheduled deployment • In the event Dell encounters problems loading Customer- provided software, Customer will contact the proper help resources for that application to complete the installation • Provide Deli with local administration rights necessary to perform the Services and ensure the domain login is enabled • Provide Dell with a complete list of all approved peripherals to be installed on the new Client System, and supply all applicable drivers at the Customer Site • Provide adequate storage area for de- installed Legacy Systems and a common area for debris at each Customer Site (to be located within the building where tine deployment occurs) • Perform duality assurance after login is complete, including access to Active Directory profile to allow end users to access specific software applications and load personalities • Provide post- installation support and troubleshooting assistance as needed to address software application performance, software application and operating system conflicts, software application version issues or co- existence issues 8 SFDC 6251354 5.1 pficing Managed Deployment Pricing The per unit price for the Services to be performed by Dell, and applicable cancellation, and rescheduling fees for the Services are listed below: Blended Pricing Table (see "Pricing Structure" in Definitions) Off -site imaging at customer warehouse 1080 $109.93 Transportation between customer warehouse and installation site Basic Installation of CPU & Monitor De- installation of Legacy System (CPU and Monitor) Data Transfer via Network average of 3 GB Off Customer Premises Trash Removal Transport Legacy Systems between Installation Site and Warehouse Hard drive removal from Legacy Systems I 1111V lY SYIUMI lan, r lul Time & Materials Rates - (Durin Service Hours - Per Hour) NIA $53.50 Time & Materials Rates - (Outside Service fours - Per /dour) NIA $61.00 Program Management Office (Extension Fee for Services Beyond Term NIA $3,325.00 - Per Week) 5.1.1 Pricing Notes 1. Rates will be invoiced and will be paid by Customer for the following: a. Customer delays exceeding fifteen (15) minutes beyond the scheduled time for the Services to be performed; such charges will be invoiced in thirty (30) minute increments. b. Services requested when the technician is not currently onsite are charged based on a 2 -hour minimum per incident. c. Out -of -scope services (see Out of Scope section herein). d. Services performed outside the defined Service Hours. e. Services designated as Time & Materials. 2. Program duration is 9 weeks. Should the program extend beyond 9 weeks, Customer will be invoiced in accordance with the program extension weekly rate. 3. Cancellation or Rescheduling of any scheduled deployment after the schedule has been locked may be subject to additional fees plus any actual and reasonable travel expenses incurred. See Definitions "Cancellation" and "Reschedule" for fee schedule. 4. Prices and/or scope of services will be adjusted by Dell to reflect the actual operating environment if the assumptions are found to be incorrect or there is a material failure of Customer to perform its responsibilities as set forth in this SOW. 5. Prices exclude costs for procurement of any hardware or software. 6. Price excludes travel incurred due to schedules that cause excessive travel between customer sites. See Scheduling Assumptions 7. Price includes travel expenses within fifty (50) miles of a major metropolitan area as defined by Dell (See embedded list of Dell- defined major metropolitan areas; copy available upon request). 9 SFDC 6251354 Adobe Acrobat Document The terms offered by Dell ruder this SOW (including but limited to the pricing) shall be valid for thirty (30) days following initial delivery of this SOW to Customer. In the event this SOW is executed by Customer after such thirty (30) day period, Dell may in its sole discretion, (i) accept the SOW on the stated terms or (ii) reject such SOW and may provide Custorer with a revised SOW setting forth any necessary updates to the terms of the previous SOW. Payment for any hardware ordered from Dell is due in accordance with Dell's standard terms for such purposes (unless the parties have entered into a separate agreement regarding acquisition of the hardware, in which case payment for the hardware would be due in accordance with such separate agreement) and shall in no case be contingent upon performance or delivery of the services and/or installation described in this Statement of Work. 6 Assumptions Pricing is based on the following assumptions that were used to develop the Services to be provided under this SOW ( "Assumptions ") 6.1 Scope Assumptions a) Minimum quantity of 1080 new systems to receive Services under the SOW. b) Material deviations in excess of plus or minus five percent ( + / -5 %) of the quantities or locations to receive Services will be considered out of scope and subject to the Change Management Process. Changes to the price and/or solution will only be required to the extent that such deviation impacts Deli's ability to perform the Services as originally priced. c) Changes to the mutually agreed schedule for performance of Services or modifications to the Services will only be in accordance with the Change Management Process. 6.2 Deployment Density Allocation Assumptions City of Denton Density Bands Deli rte. B�i►d ... - -. _..: - _.. -.... ':::.... natrt� 1 system /visit 0 2 to 5 s stems /visit 0 6 to 9 systems/visit 0 10 to 35 systems/visit 1080 36 to 99 s stems /visit 0 100+ s stems /visit 0 10 SFDC 6251354 6.3 Tuning Assumptions fiat Scheduling Assumptions a) Schedules will maximize the quantity of Services at each Customer site which are in reasonable proximity within the same building and minimize the number of return visits to each Customer site. b) Schedule Groups will be formed to allow a consistent daily volume of Services at a Customer site. c) Services will be scheduled to take place over consecutive days at a Customer site to ensure maximum efficiency of resources. d) Customer will meet the following scheduling milestones: Initiate Dell Data Direct or Dell Automated Deployment tool migration script automation1confi uration (if applicable) 10 following Effective Date of the SOW or as mutually agreed Pilot Test Performed 15 Following Effective Date of the SOW or as mutually agreed Installation histructions finalized 15 Prior to the date of the first scheduled de to ►Went Site Surveys complete 15 Prior to scheduled deployment Site ready to receive Services 10 Prior to scheduled deployment Schedule Groups finalized, Schedule Locked 15 Prior to scheduled deployment End -user profiles completed 10 Prior to scheduled deployment All logon IDs, passwords, domain specifications and personal settings for each end -user 5 Prior to scheduled deployment 6.5 IT Environment & Technical Assumptions a) Desktop /laptop Operating System is Microsoft Windows 98, 2000, XP, Vista, or Windows 7. b) Standard Ethernet 100MB T base switched subnets, and 5 -10 MB /sec throughput at the desktop is available for login, data transfer, application loads, and imaging. c) Customer provides a single point of contact for resolution of any technical issues which may arise with regard to the network, devices, and any software application. d) Network infrastructure is stable and consistent across all Customer sites. e) Standard implementation of dynamic host configuration protocol (DHCP) addresses is utilized. f) Dell is not responsible for application malfunctions or conflicts between customer applications. g) Customer ensures all software applications are certified, operational, and compatible with the new Client System configuration and operating systems h) Customer provides a list of provisioning codes for iAMT (Intel® Active Management Technology) with appropriate Client System asset tag /service tag if applicable i) If required, customer provides all VPN hardware and/or software required for joining machines to Customer's domain including, but not limited to, two (2) Ethernet interfaces (DJ-lCP and class C addresses required. 11 SFDC 6251351 6.6 General Assumptions a) Dell will dispose of deployment related trash to onsite Customer- provided disposal area within same building at Customer Site, unless stated otherwise in this SOW b) Customer sloes not require US Secret/Top Secret /SCI Security Clearance. c) Systems weighing more than 50 pounds require an additional resource to assist with handling the system, which may require additional charges. d) Customer is advised and agrees that modifications Customer makes, or changes Dell, its subcontractors or any third party makes on Customer's behalf to an Energy Star compliant product may affect whether the product continues to qualify as Energy Star compliant. 6.7 Out Of Scope Services Pricing excludes any services not specified in this SOW, including but not limited to the following: a) Procurement, shipping, or warehousing of hardware, software, or other equipment required for the Services runless otherwise stated in the SOW. b) Packaging software applications for installation. c) Providing end user orientation, training, or support. d) Transporting equipment between buildings or between Customer sites, or moving equipment between floors without the use of elevators. e) Packing, shipping, or disposing of legacy systems unless otherwise stated in the SOW. f) Removing viruses (Dell will promptly notify Customer Site Coordinator upon discovery of virus). g) Disaster recovery, including but not limited to: re- imaging, reloading software applications or recovering backup data. h) Warranty services or remedial hardware maintenance or software maintenance. i) Warranty services for third party products which are not provided by Del f. j) PDA connection Change Management Process The Change Management Process will be used when Dell or Customer determines that a change is necessary to refine a process, procedure, or specific responsibility identified in this SOW. The party proposing the change will document the request using the Change Order Request Form and Change Management Process provided in Appendix A NDS Equipment A non - deployable system is a Dell- branded system that has failed or is non- ftmctioning at time of install ( "NDS "). In the event any equipment covered by this SOW is deemed to be a NDS at the time of installation, Dell will repair or replace the Dell- branded equipment if it is under warranty, (b) for non - Dell - branded equipment purchased from Dell, Dell will assist Customer in facilitating the repair or replacement of the equipment under the terms of the existing warranty, or (c) for third party equipment not purchased from Dell or for products that are no longer under warranty, Dell will notify Customer. General Dell shall not be responsible for a failure to provide Services to the extent caused by: (1) any omissions, oversights, errors, or failures by Customer to perform its responsibilities under this SOW or the Agreement; (2) problems caused by Customer software or data; (3) a defect or deficiency with respect to Customer's network, systems, or other equipment; (4) failures of hardware not maintained by Dell; or (5) modifications to hardware made by a party other Dell or its representatives. Dell shall notify Customer and use commercially reasonable efforts to perform notwithstanding the occurrence of one or more of the foregoing events (with Customer reimbursing Dell for its reasonable out of pocket expenses for such efforts and only to the extent attributable to the items defined above 12 SFDC 6251354 1N WITNESS WHEREOF, Dell and Customer have caused this SOW to be signed and delivered by their duly authorized representatives as of the date of last signature below (the "Effective Date "). City of Denton By: Printed Name: Title: Date: Dell Marketing L.P. an Printed Name: Customer signed SOW must be received by Dell before any work can be started. 13 SFDC 6251354 Appendix A — Change Request Form RTC Number: [Format TBDj Revision Number: Create Date: Revision Date: RTC Title: SOW/Contract Title Customer or Vendor Name: Name: Entail: Phone: Change Initiator: (prepared 3, Name. Fntail: Phone: scol'1 pr cIIO> ss Reason for Change: (Include description ofexistingstate) Description of Desired Change: Fffect of Change: (Include description of impact if implemented and if iVOT iniplemented) In the fields below, identIf impact to Budget, Schedule, Quality, Quantity, Resources, and Cost; insert n/a if not applicable Budget: Schedule: Quality: Quantity: Resources: Cost: Cost to be paid by: Signatures below imply acceptance of the change detailed above. For Dell iviarketiog, L.P. For <INSFRT CUSTOiviFR/VENDOR NANI > Signature Signature: Printed Name: Printed Name Title: Title: Date: Date: Tfte lann.c cnxf conditions ojihe. #faster,Servrcer AgrrenterN be (ii een the signedparties aboty apply to this 1 {P(:. In the went of a cr�n�licl nr rurnnsisterx.� hells etc the proris7orr of this Rf C wrd tlae prav)siottc the provrctons of this R1•C. 1011 take precedence. tlnle,c, specified othenvi.se in the Reason jar Change sectron, urn 104 : shntt faire elleef ern file latest signahtre rime 14 SFDC 8251354 Change Management Process: The party proposing the change will document the request using the Change Order Request Form. The receiving party will review the proposed Change Order Request and determine whether the change is acceptable or requires modifications. Both parties will, in good faith, mutually review the proposed Change Order Request and will (i) approve it, (ii) agree to further investigation, or (iii) reject it ( "Change Management Process "). When the parties agree to the change, they will sign the Change Request, which upon signing by both parties will constitute authorization to implement the change. Both parties agree that such approval sliall not be unreasonably withheld and will execute the Change Order Request, unless able to provide the other party with written data that disproves the identified variation. 15 SFDC 6251354 Appendix .B — Customer Sites The Services will be provided for the following Customer locations during the term of this SOW. Additional Customer locations may be included as mutually agreed using the Change Management process. 16 SFDC 6259354 01- EEO- ... City of Denton TBD Denton TX 1080 16 SFDC 6259354 Appendix C Definitions Average Installation Time The Average Installation Time is calculated based oil the aggregate quantity of new Client Systems installed per Customer per quarter. Installation tithes, including quantities of peripherals, will be evaluated oil a monthly basis by the Dell PMO. Cancellation Site Cancellation: A site cancellation occurs when Customer cancels the Services for tite site after the schedule has been locked and Customer either does not set a new date or the new date is scheduled beyond thirty (30) days of the original locked deployment schedule (see " Reschedule"). • Site Cancellation Fee Scenarios: • For cancellations with six (6) or more business days notice, and where the site has ten (10) or more users, Customer will be assessed an administrative fee equal to ten (10) percent of the scheduled deployment price for the site. • For cancellations with five (5) or less business days notice, or where the site has less than ten (10) users, Customer will be assessed the full price for the scheduled deployment at the time the schedule was originally locked. User Cancellation: A user cancellation occurs when Customer cancels the Services for the user after the schedule has been locked and Customer either does not set a new date or the new date is scheduled beyond thirty (30) days of the original locked deployment schedule. • User Cancellation Fee Scenario: • Customer will be assessed the full price of the scheduled deployment for each user within the contiguous delivery of Services. • Any new scheduled date for a user that is outside the contiguous delivery of Services will be in accordance with the Change Management Process. Change Order Request A written request by either party requesting change to the set of services or deadlines provided under this SOW. All Change Orders must be executed by both parties in accordance with the Change Management Process described in this SOW. Client Systems Desktop: CPU and Monitor Laptop, which may include a Docking Station Commercially Reasonable Efforts The amount of effort or the extent of activity that a reasonable business person would take to achieve a result under the applicable circumstances. Legacy System Tire computer systems installed at Customer's site which is to be upgraded or de- installed, removed and replaced with a Dell computer system during a site installation event. Server or workstation class computer systems and external peripherals are not Legacy Systems. Pricing Structure Blended Pricing is based on the estimated units to be deployed per site per visit provided by Customer prior to the deployment. Variances in tite estimated units to be deployed in excess of ( + / -) five (5) percent of the actual units deployed per site per visit will be subject to Tiered Pricing. Tiered Pricing is based on actual units deployed per site per visit. Reschedule 17 SFDC 6251354 Site Reschedule: A site reschedule occurs when Customer reschedules the Services to be performed within thirty (30) days of the original locked deployment schedule (see "Cancellation "). • Site Reschedule Fee Scenarios o For reschedules with six (6) or more business days notice, and where the site has ten (10) or more users, Customer will be assessed an administrative fee equal to ten (10) percent of the scheduled deployment price for tine site. o For reschedules with five (5) or less business days notice, or where the site has less than ten (10) users, Customer will be assessed the full price for the scheduled deployment at the time the schedule was originally locked. User Reschedule: A user reschedule occurs when Customer reschedules the Services to be performed within thirty (30) days of the original locked deployment schedule. • User Reschedule Fee Scenarios: o Providing Dell can perform Service within the contiguous delivery of Services, Customer will be assessed the full amount of the scheduled deployment for each user. o Users rescheduled outside the contiguous delivery of Services will be in accordance with the Change Management Process. Schedule Group A group of deployment events that are scheduled to occur on a specific date at a specific time at a specific location. Service Hours Customer and Dell will agree upon the hours that Services are to be performed ( "Service Hours "). Typical Service Hours options are: • Business Hours — Monday through Friday, 8:00 a.m. to 5:00 p.m. local time based on a forty (40) hour week (excluding the following nationally- observed holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, the day after Thanksgiving Day, and Christmas). • Outside Business Hours (Monday — Friday) • Weekends and nationally- observed Holidays. Services The complete set of services to be performed by Dell described in this Statement of Work "SOW" 18 SFDC 6251 354 Appendix D ---- Basic Data and Personality Migration Summary Applicatioll or Folder My Documents Folder Desktop Items Nficrosoli Word Microsoft PowerPoint Nficrosoft Excel Microsoft Access Microsoft FrontPage \,licrosoit Project Alicrosoft Publisher Microsoft Outlook Nlicrasoft Outlook Express IBM Lotus Notes Netscape Mail IE Cookies IE Cache IE History, Ili Favorites Winzip32 Visual FoxPro Visual Basic Lotus 123 Lotus WordPro Lotus Organizer CuteFTP Yahoo Messenger N icrosoli NetMeeting Visual C ++ Visual Interdev Adobe Acrobat Reader Eudora Paint shop Pro Cisco VPN Client AT&T Olobat Dialer Include Settings & Files ✓ ✓ ✓ J J ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ System Mouse Settings Accessibility options Sound options Folder general options Folder view options ODBC options Network printer mappings Retain default printer selection Power options Address book Keyboard settings Regional options Run history Wallpaper Screensaver settings Desktop appearanoc settings Desktop effects Quick launch toolbar Start menu Items Include Settings & Files ✓ ✓ ✓ ✓ J ✓ ✓ ✓ ✓ 19 SFDC 6251354 Export Compliance. Customer acknowledges that the Services sold under this Agreement, and the transaction contemplated by this Agreement, which may include technology and software, are subject to the customs and export control laws and regulations of the United States and may also be subject to the customs and export laws and regulations of the country in which the Services are rendered and/or received. Customer agrees to abide by those laws and regulations. Customer further warrants that any software provided by Customer and used as part of the Services contains no encryption or, to the extent that it contains encryption, such software is approved for export without a license. If Customer cannot make the preceding representation, Customer agrees to provide Dell with all of the information needed for Dell to obtain export licenses from the United States government and to provide Dell with such additional assistance as may be necessary to obtain such licenses. Notwithstanding the foregoing, Customer is solely responsible for obtaining any specific licenses relating to the export of soffivare if a license is needed. Dell may also require export certifications from Customer for Customer provided software. Dell's acceptance of any order for Services is contingent upon the issuance of any applicable export license required by the United States Government; Dell is not liable for delays or failure to deliver a product resulting from Customer's failure to obtain such license or to provide such certification 20 SFDC 6251354 ORDINANCE NO. AN ORDINANCE AWARDING A CONTRACT FOR THE CAPITAL LEASE PURCHASE OF DESKTOP PERSONAL COMPUTERS (PCS), NOTEBOOK PCS, PERIPHERALS, AND SERVICES AS AWARDED BY THE STATE OF TEXAS DEPARTMENT OF INFORMATION RESOURCES (DIR) CONTRACT NUMBER DIR -SDD -1951; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR AND PROVIDING AN EFFECTIVE DATE. (FILE 5337 AWARDED TO DELL FINANCIAL SERVICES LP FOR A TOTAL LEASE AMOUNT OF $1,343,277.36 AND ADDITIONAL PRODUCTS IN THE AMOUNT OF $423,900 FOR A NOT - TO- EXCEED AMOUNT OF $1,767,177.36). 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 N [_]1VIER VENDOR AMOUNT 5337 Dell Financial Services LP $1,767,177.36 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: Vurdiur du a Vu:d�ruffl AGENDA INFORMATION SHEET AGENDA DATE: September 10, 2013 DEPARTMENT: City Manager's Office ACM: Bryan Langley SUBJECT Consider nominations /appointments to the City's Boards and Commissions. BACKGROUND Attached are the vacancies for Boards and Commissions that require nominations. Nominations could be made and voted on at this meeting should the Council desire. Approval would be contingent on completion of the confirmation process. As a reminder, the Board and Commission Reception and Training Workshop is scheduled for September 12, 2013. If you require any further information, please let me know. Respectfully submitted: Jennifer Walters City Secretary 09/10/2013 BOARD AND COMMISSION NOMINATIONS ....... Board Council Member Nomination Airport Advisory Board Kamp Community Development Advisory Cmte . Greq __ _... .....�......... . Historic Landmark Commission En ��� gelbrecht All _.Human Ser...... vices Advisory Cmte. _� All _.. �.........� .� Public Art Committee Kamp Traffic Safety Commission mg .... mmmm a. � ............. . Hawkins Board of Adjustment mm:: ..� F Engelbrecht Alternate 1 Alternate 2 Alternate 3 R - Reappointment N - New Nomination Pudblhc V ieai -ihr AGENDA INFORMATION SHEET AGENDA DATE: September 10, 2013 DEPARTMENT: Finance ACM: Bryan Langley SUBJECT Hold a second public hearing on a proposal to adopt a tax rate of $0.68975 per $100 valuation, which will exceed the lower of the rollback rate or the effective rate. BACKGROUND The Texas Constitution and Texas Property Tax Code require taxing units to comply with specific guidelines in adopting tax rates. The guidelines are related to a concept known as truth - in- taxation. This concept is a way to make taxpayers aware of tax rate proposals and allow tax payers in certain circumstances, to roll back or limit a tax increase. The truth -in- taxation guidelines require taxing entities to calculate and publish their effective and rollback tax rates. The effective rate is the calculated rate that would provide the taxing unit approximately the same amount of revenue it received in the previous year on properties taxed in both years. This rate excludes taxes on properties no longer in the taxing unit and also excludes any growth due to new property values. The City of Denton's 2013 effective rate is $0.68872/$100 valuation. The rollback rate divides the total property tax revenue into support for maintenance and operations (M &O) taxes and debt service taxes. It provides approximately the same amount of revenue as in the previous year for maintenance and operations expenses, plus an extra eight percent, plus the necessary debt service tax rate. If a taxing unit adopts a tax rate higher than the rollback rate, the voters have the option to petition for an election to limit the size of the tax increase. The City of Denton's 2013 rollback rate is $0.73528/$100 valuation. In compliance with state law, staff published the effective and rollback rate calculation in the Tuesday, August 6, 2013, issue of the Denton Record Chronicle. The City Manager's FY 2013 -14 Proposed Budget recommends a tax rate of $0.68975 per $100 of valuation, and this rate is $0.00103 above the effective rate. It is important to note that the City of Denton's proposed tax rate is recommended to remain unchanged. No tax rate increase is recommended for FY 2013 -14. However, because the City of Denton's proposed tax rate exceeds the effective tax rate, two public hearings are required to take place prior to the budget adoption and a "Notice of Tax Revenue Increase" is required to be published. Agenda Information Sheet September 10, 2013 Page 2 For the two public hearings that are required, staff published a quarter -page notice in the August 10th and August 21st editions of the Denton Record Chronicle (Exhibit 1). The attached "Notice of Tax Revenue Increase" will be published in the September 10th Denton Record Chronicle (Exhibit 2). In addition to the media publications, all notices will be posted on the City's Web site, http: / /www.cityofdenton.com and the public access channel. ESTIMATED SCHEDULE September 17, 2013 — Adopt Tax Rate and Approve FY 2013 -14 Budget. PRIOR ACTION/REVIEW On July 26, 2013, the City Manager's FY 2013 -14 Proposed Budget was provided to the City Council. On August 1, 2013, the City Council was provided with detailed information regarding the proposed FY 2013 -14 Proposed Budget, including the proposed tax rate. On August 5, 2013, the City Council discussed the proposed budget. On August 6, 2013, the City Council discussed the proposed budget and voted to place a proposal on the September 17, 2013, City Council agenda to approve a tax rate above the effective rate. On August 13, 2013, the City Council discussed the proposed budget. On August 20, 2013, the City Council held a public hearing on the proposed budget and tax rate. FISCAL INFORMATION In the FY 2013 -14 Proposed Budget, a tax rate of $0.68975 per $100 valuation is recommended. EXHIBITS 1. Notice of Public Hearing on Tax Increase 2. Notice of Tax Revenue Increase Respectfullv submitted: Chuck Springer, 349 -8260 Director of Finance Exhibit 1 Publish in August 10, 2013 and August 21, 2013 Denton Record Chronicle Notice of Public Hearing on Tax Increase The City of Denton, Texas, will hold two public hearings on a proposal to increase total tax revenues from properties on the tax roll in the preceding tax year by 0.1 percent (percentage by which proposed tax rate exceeds lower of rollback rate or effective tax rate calculated under Tax Code, Chapter 26). Your individual taxes may increase at a greater or lesser rate, or even decrease, depending on the change in the taxable value of your property in relation to the change in taxable value of all other property and the tax rate that is adopted. The first public hearing will be held on August 20, 2013 at 6:30 p.m. in the City Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas 76201. The second public hearing will be on September 10, 2013 at 6:30 p.m. in the City Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas 76201. The members of the governing body voted on the proposal to consider the tax increase as follows: FOR: Mark A. Burroughs, Mayor; Pete Kamp, Mayor Pro Tern and Council Member at Large Place 5; Kevin Roden, Council Member District 1; Dalton Gregory, Council Member District 2; Jim Engelbrecht, Council Member District 3; Joey Hawkins, Council Member District 4; and James King, Council Member District 6. AGAINST: None. PRESENT and not voting: None. ABSENT: None. The average taxable value of a residence homestead in Denton, Texas last year was $154,354 (average taxable value of a residence homestead in the taxing unit for the preceding tax year, disregarding residence homestead exemptions available only to disabled persons or persons 65 years of age or older). Based on last year's tax rate of $0.68975 (preceding year's adopted tax rate) per $100 of taxable value, the amount of taxes imposed last year on the average home was $1,064.66 (tax on average taxable value of a residence homestead in the taxing unit for the preceding tax year, disregarding residence homestead exemptions available only to disabled persons or persons 65 years of age or older). The average taxable value of a residence homestead in Denton, Texas this year is $157,039 (average taxable value of a residence homestead in the taxing unit for the current tax year, disregarding residence homestead exemptions available only to disabled persons or persons 65 years of age or older). If the governing body adopts the effective tax rate this year of $0.68872 per $100 of taxable value, the amount of taxes imposed this year on the average home would be $1,081.56 (tax on average taxable value of a residence homestead in the taxing unit for the current tax year, disregarding residence homestead exemptions available only to disabled persons or persons 65 years of age or older). If the governing body adopts the proposed tax rate of $0.68975 per $100 of taxable value, the amount of taxes imposed this year on the average home would be $1,083.18 (tax on average taxable value of a residence homestead in the taxing unit for the current tax year, disregarding residence homestead exemptions available only to disabled persons or persons 65 years of age or older). Members of the public are encouraged to attend the hearings and express their views. EXHIBIT 2 Publish in September 10, 2013 Denton Record Chronicle Notice of Tax Revenue Increase The City of Denton, Texas, conducted public hearings on August 20, 2013 and September 10, 2013 on a proposal to increase the total tax revenues of the City of Denton, Texas from properties on the tax roll in the preceding year by 0.1 percent. The total tax revenue proposed to be raised last year at last year's tax rate of $0.68975 for each $100 of taxable value was $46,328,517. The total tax revenue proposed to be raised this year at the proposed tax rate of $0.68975 for each $100 of taxable value, excluding tax revenue to be raised from new property added to the tax roll this year, is $46,936,417. The total tax revenue proposed to be raised this year at the proposed tax rate of $0.68975 for each $100 of taxable value, including tax revenue to be raised from new property added to the tax roll this year, is $48,139,199. The City Council of the City of Denton, Texas, is scheduled to vote on the tax rate that will result in that tax increase at a public meeting to be held on September 17, 2013 at the City Council Chambers in City Hall, 215 E. McKinney Street, Denton, Texas, 76201 at 6:30 p.m.